HomeMy WebLinkAbout06-13-2023 - Agenda Pkg - CC Regular MeetingTuesday, June 13, 2023
6:00 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 - Final
Teleconference Locations:
La Jolla Beach and Tennis Club, Business Center
2000 Spindrift Dr, La Jolla, CA 92037 &
Zieglergasse 24, 70372 Stuttgart, Germany
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
June 13, 2023City Council Regular Meeting Agenda - Final
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
4. VIA TELECONFERENCE/ZOOM at La Jolla Beach and Tennis Club, Business Center, 2000
Spindrift Dr, La Jolla, CA 92037 & Zieglergasse 24, 70372 Stuttgart, Germany
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.
5. CABLE TV - Spectrum Channel 8 and Frontier Channel 31 in Hermosa Beach
6. YOUTUBE - https://www.youtube.com/c/CityofHermosaBeach90254
7. 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 6/9/2023
2
June 13, 2023City Council Regular Meeting Agenda - Final
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)23-0361 PROCLAMATION DECLARING JUNE 2023
AS PRIDE MONTH IN HERMOSA BEACH
VIII. CITY MANAGER REPORT
a)23-0360 POLICE CHIEF UPDATE
Page 3 City of Hermosa Beach Printed on 6/9/2023
3
June 13, 2023City Council Regular Meeting Agenda - Final
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. VIA TELECONFERENCE/ZOOM at La Jolla Beach and Tennis Club, Business Center, 2000
Spindrift Dr, La Jolla, CA 92037 & Zieglergasse 24, 70372 Stuttgart, Germany
5. EMAIL - Email comments to cityclerk@hermosabeach.gov by 3:00 p.m. on the meeting date.
6. 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)23-0363 WRITTEN COMMUNICATION
Recommendation:Staff recommends City Council receive and file the written communication.
X. CITY COUNCILMEMBER COMMENTS
a)23-0362 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 4 City of Hermosa Beach Printed on 6/9/2023
4
June 13, 2023City Council Regular Meeting Agenda - Final
a)23-0365 WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA
(City Clerk Myra Maravilla)
Recommendation:Staff recommends City Council waive reading in full of all ordinances on the agenda and
declare that said titles which appear on the public agenda shall be determined to have
been read by title and further reading waived.
b)REPORT
23-0359
CITY COUNCIL MEETING MINUTES
(City Clerk Myra Maravilla)
Recommendation:Staff recommends City Council approve the minutes for the Tuesday, May 23, 2023
regular meeting.
c)REPORT
23-0357
CHECK REGISTERS
(Finance Director Viki Copeland)
Recommendation:Staff recommends City Council ratify the following check registers.
d)REPORT
23-0332 ADOPTION OF THE 2023-24 APPROPRIATIONS LIMIT
(Finance Director Viki Copeland)
Recommendation:Staff recommends City Council adopt a Resolution approving and adopting the annual
Appropriations Limit for the Fiscal Year 2023-24.
e)REPORT
23-0339
ACTION MINUTES OF THE PARKS, RECREATION AND
COMMUNITY RESOURCES ADVISORY COMMISSION
MEETING OF MAY 2, 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 May 2, 2023.
f)REPORT
23-0338
APPROVAL OF THE COMMENCEMENT OF SPECIAL EVENT
LONG-TERM AGREEMENT NEGOTIATIONS
(Community Resources Manager Lisa Nichols)
Recommendation:Staff recommends City Council approve the commencement of long-term agreement
negotiations with the following organizations for the following special events:
* Hermosa Beach Friends of the Parks for Pets in the Park, Movies at the Beach, and
Pumpkins in the Park; and
* Shakespeare by the Sea Organization for the Shakespeare by the Sea.
g)REPORT
23-0356
ACTION MINUTES OF THE CIVIL SERVICE BOARD
MEETING OF APRIL 19, 2023
(Human Resources Manager Vanessa Godinez)
Recommendation:Staff recommends City Council receive and file the action minutes of the Civil Service
Board meeting of April 19, 2023.
Page 5 City of Hermosa Beach Printed on 6/9/2023
5
June 13, 2023City Council Regular Meeting Agenda - Final
h)REPORT
23-0341
APPROVAL OF A REQUEST TO ESTABLISH A CLASS
SPECIFICATION FOR RECREATION SPECIALIST, ESTABLISH THE
POSITION IN THE GENERAL AND SUPERVISORY EMPLOYEES’
BARGAINING UNIT, CALIFORNIA TEAMSTERS LOCAL 911, AND
ESTABLISH A SALARY RANGE
(Human Resources Manager Vanessa Godinez)
Recommendation:Staff recommends City Council:
1. Approve the establishment of a class specification for Recreation Specialist;
2. Approve the establishment of the position in the General and Supervisory Employees
Bargaining Unit, Teamsters 911; and
3. Approve the establishment of the five-step salary range for this position as $3,359 to
$4,083 per month as proposed in the FY 2023-24 budget.
i)REPORT
23-0343
APPROVAL OF A REQUEST TO RECLASSIFY THE SENIOR
PLANNER POSITION IN THE COMMUNITY DEVELOPMENT
DEPARTMENT TO PLANNING MANAGER; REVISE THE
PLANNING MANAGER CLASS SPECIFICATION;
RE-ESTABLISH THE PLANNING MANAGER BARGAINING
UNIT ASTHE PROFESSIONAL AND ADMINISTRATIVE
EMPLOYEE GROUP; AND APPROVE THE FIVE-STEP
SALARY RANGE
(Human Resources Manager Vanessa Godinez)
Recommendation:Staff recommends City Council:
1. Approve a request to reclassify the Senior Planner position in the Community
Development Department to Planning Manager;
2. Approve the revised class specification for the position of Planning Manager
(Attachment 2);
3. Approve the reestablishment of the position in the Professional and Administrative
Employee Bargaining Group; and
4. Approve the establishment of the five-step salary range for this position as $11,803 to
$14,407 per month.
j)REPORT
23-0348
APPROVAL OF A REQUEST TO ESTABLISH A CLASS
SPECIFICATION FOR EXECUTIVE ASSISTANT TO THE
CHIEF OF POLICE, ESTABLISH THE POSITION IN THE
UNREPRESENTED EMPLOYEE BARGAINING UNIT,
AND ESTABLISH A SALARY RANGE
(Human Resources Manager Vanessa Godinez)
Recommendation:Staff recommends City Council:
1. Approve the establishment of a class specification for Executive Assistant to the Chief
of Police;
2. Approve the establishment of the position in the Unrepresented Employee Bargaining
Group; and
3. Approve the establishment of the five-step salary range for this position as $6,286 to
$7,640 per month as approved in the FY 2022-23 budget.
Page 6 City of Hermosa Beach Printed on 6/9/2023
6
June 13, 2023City Council Regular Meeting Agenda - Final
k)REPORT
23-0345
LOS ANGELES COUNTY FIRE AND AMBULANCE
MONTHLY REPORT FOR APRIL 2023
(Emergency Management Coordinator Israel Estrada)
Recommendation:Staff recommends City Council receive and file the April 2023 Fire and Ambulance
monthly report.
l)REPORT
23-0351
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA APPROVING CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES FORM 130
DESIGNATION OF SUBRECIPIENT’S AGENTS
(Emergency Management Coordinator Israel Estrada)
Recommendation:Staff recommends City Council:
1. Adopt a resolution of the City of Hermosa Beach approving California Governor's Office
of Emergency Services Form 130 Designation of Subrecipient's Agents (Attachment 1);
and
2. Approve submittal of Cal OES Form 130 (Attachment 2), designating the City
Manager, Deputy City Manager, and Finance Director as the City's authorized agents.
m)REPORT
23-0316
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 Joe SanClemente)
Recommendation:Staff recommends City Council:
1. Adopt a resolution (Attachment 3) approving the Engineer's Report in connection with
Hermosa Beach Landscaping and Street Lighting District 2023-2024 made pursuant to
the requirements of Resolution No. 23-7367; and
2. Adopt a resolution (Attachment 4) declaring the City's intention to order certain
improvements and to levy and collect assessments within the Hermosa Beach
Landscaping and Street Lighting District 2023-2024 for the Fiscal Year beginning July 1,
2023, through June 30, 2024, and appointing July 11, 2023, at the hour of 6:30 p.m. in
the Civic Center Council Chambers as the time and place for a public hearing in relation
thereto.
n)REPORT
23-0323
APPROVAL OF ROAD REPAIR AND ACCOUNTABILITY
ACT OF 2017 (SENATE BILL 1) PROJECT LIST FOR THE
CITY OF HERMOSA BEACH FOR FISCAL YEAR 2023-24
(Public Works Director Joe SanClemente)
Recommendation:Staff recommends City Council:
1. Approve a resolution (Attachment 1) adopting a list of projects for Fiscal Year 2023-24
funded by Senate Bill 1 Road Repair and Accountability Act of 2017; and
2. Direct staff to submit the project list (Attachment 2) and supporting documentation to
the California Transportation Commission by July 1, 2023.
Page 7 City of Hermosa Beach Printed on 6/9/2023
7
June 13, 2023City Council Regular Meeting Agenda - Final
o)REPORT
23-0326
RESOLUTION APPROVING THE CITY’S PARTICIPATION
IN THE LOS ANGELES URBAN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
(Public Works Director Joe SanClemente)
Recommendation:Staff recommends City Council:
1. Adopt a resolution approving the City's continued participation in the Los Angeles
Urban County Community Development Block Grant Program (Attachment 1); and
2. Authorize the City Manager to execute and the City Clerk to attest to a three-year
cooperation agreement with the County of Los Angeles, effective July 1, 2024 through
June 30, 2027 subject to approval by the City Attorney (Attachment 2).
p)REPORT
23-0355
PARTICIPATION IN BEACH CITIES TRANSIT (BCT) LINE 109
AGREEMENT, WITH NO REQUIRED FINANCIAL CONTRIBUTION
FROM THE CITY FOR FISCAL YEAR 2023-2024, WITH THE CITIES
OF EL SEGUNDO, MANHATTAN BEACH AND REDONDO BEACH,
FUNDED FROM PROPOSITION A FUNDS
(Community Development Director Carrie Tai)
Recommendation:Staff recommends City Council:
1. Approve participation in the Beach Cities Transit (BCT) Line 109 along with the other
beach cities, with no required financial contribution from the City for Fiscal Year
2023-2024; and
2. Authorize the Mayor to sign and the City Clerk to attest to the Transit Service
Operation Agreement subject to approval by the City Attorney (Attachment 1).
q)REPORT
23-0354
VACANCY-BUILDING BOARD OF APPEALS-
ADVERTISE AND SCHEDULE APPLICANT INTERVIEWS
(City Clerk Myra Maravilla)
Recommendation:Staff recommends City Council:
1. Direct staff to immediately advertise and request applications from qualified applicants
for one Building Board of Appeals vacancy; and
2. Schedule the presentation of applicants and applicant interviews on or before Tuesday,
July 25, 2023 with the option to make an appointment on the same date.
r)REPORT
23-0340
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, IMPLEMENTING
DROUGHT RESPONSE LEVEL 1 CONSERVATION
MEASURES PURSUANT TO HERMOSA BEACH MUNICIPAL
CODE SECTION 8.56.090
(Environmental Programs Manager Doug Krauss)
Recommendation:Staff recommends City Council adopt a resolution implementing Level 1 Conservation
Measures, pursuant to Hermosa Beach Municipal Code Chapter 8.56.090 (Attachment
1).
Page 8 City of Hermosa Beach Printed on 6/9/2023
8
June 13, 2023City Council Regular Meeting Agenda - Final
s)REPORT
23-0327
INTRODUCTION OF AN ORDINANCE TO AMEND
HERMOSA BEACH MUNICIPAL CODE TITLE 15, CHAPTER
15.20 TO ADOPT THE 2023 LOS ANGELES COUNTY
FIRE CODE
(Building and Code Enforcement Official Guillermo Hobelman and
Community Development Director Carrie Tai)
Recommendation:Staff recommends City Council:
1. Introduce and waive full reading and introduce by title only an Ordinance of the City of
Hermosa Beach, California, adopting by reference Title 32, Fire Code, of the Los Angeles
County Code, incorporating the California Fire Code, 2022 edition, with certain changes
and amendments; making amendments to said codes; amending Title 15 of the Hermosa
Beach Municipal Code; and finding the action exempt from the California Environmental
Quality Act (Attachment 1);
2. Direct staff to set a public hearing on July 11, 2023; and
3. Direct the City Clerk to publish a summary ordinance.
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
23-0333
ADOPTION OF FISCAL YEAR 2023-24 BUDGET
(Finance Director Viki Copeland)
Recommendation:Staff recommends the City Council:
1. Receive public testimony regarding the Fiscal Year 2023-24 Budget (Attachment 1);
2. Approve contracts for services contained in the table herein;
3. Approve the revision to the Financial Policies on Fund Balance increasing the
Contingency in the General Fund from 16 percent to 20 percent (Attachment 2), redline
version (Attachment 3);
4. Assign $1,030,558 in the General Fund's fund balance for Federal Emergency
Management Agency (FEMA) claims;
5. Approve transfers to the Equipment Replacement Fund (ERF) of $1,719,608 and
Capital Improvement Fund of $883,449 per the Financial Policies on Fund Balance
(Attachment 2), redline version (Attachment 3);
6. Approve the revisions to the Preliminary Budget and Five-Year Forecast as shown in
the Staff Report; and
7. Adopt a Resolution approving the 2023-24 Budget as presented in Exhibit A
(Attachment 4).
Page 9 City of Hermosa Beach Printed on 6/9/2023
9
June 13, 2023City Council Regular Meeting Agenda - Final
b)REPORT
23-0289
INTRODUCTION OF AN 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 full reading and introduce by title only an Ordinance 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 encroachments in the City and determining the ordinance to be
exempt from 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 establishing a fee schedule for encroachments citywide
(Attachment 3); and
4. Direct the City Clerk to publish a summary ordinance.
c)REPORT
23-0337
INTRODUCTION OF AN ORDINANCE TO AMEND CHAPTER 17.21
OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
(Community Development Director Carrie Tai)
Recommendation:Staff recommends City Council:
1. Introduce and waive full reading and introduce by title only an Ordinance of the City of
Hermosa Beach, California, amending Chapter 17.21 of the Hermosa Beach Municipal
Code regarding accessory dwelling units and junior accessory dwelling units and
determine the project is exempt under the California Environmental Quality Act (CEQA)
pursuant to Section 21080.17 of the California Public Resources Code (Attachment 1);
and
2. Direct the City Clerk to publish a summary ordinance.
XIV. MUNICIPAL MATTERS
a)REPORT
23-0364
APPROVAL OF NEW 2023 IMPACT LEVEL II SPECIAL EVENT
(Community Resources Manager Lisa Nichols)
Recommendation:Staff recommends City Council:
1. Approve a new Impact Level II special event, the Kevin Sousa Celebration of Life, on
Pier Plaza and the Beach south of the Pier (in and out of the water) on Sunday, June 25,
2023 on the 2023 Special Events Calendar;
2. Reschedule one of the two "Nothing Weekends" on the 2023 Special Events Calendar
as proposed in the Staff Report; and
3. Approve staff recommendation for the City to serve as a supporting partner for the
event, resulting in a fee-waiver of indirect costs.
Page 10 City of Hermosa Beach Printed on 6/9/2023
10
June 13, 2023City Council Regular Meeting Agenda - Final
b)REPORT
23-0335
APPROVAL OF RESOLUTIONS TO JOIN CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY (CJPIA) FOR EXCESS
GENERAL LIABILITY COVERAGE, EXCESS WORKERS’
COMPENSATION COVERAGE,
AND PROPERTY COVERAGE
(Human Resources Manager Vanessa Godinez)
Recommendation:Staff recommends City Council:
1. Adopt a Resolution Approving Execution of the Joint Powers Agreement Creating the
California Joint Powers Insurance Authority (Attachment 1);
2. Adopt a Resolution to Authorize and Approve Pooling of Self-Insurance through the
Excess Liability Protection Program of the California Joint Powers Insurance Authority
(Attachment 2);
3. Adopt a Resolution to Authorize and Approve Pooling of Self-Insurance through the
Excess Workers' Compensation Program of the California Joint Powers Insurance
Authority (Attachment 3);
4. Adopt a Resolution Establishing a Policy that Delegates Tort Liability Claims Handling
Responsibilities to the California Joint Powers Insurance Authority Authorized by
Government Code Section 910, et seq. (Attachment 4);
5. Approve the Third-Party Claims Administration Agreement with Carl Warren and
Company for the Liability Self Insurance Program (Attachment 5);
6. Approve the Third-Party Claims Administration Agreement with Athens Administrators
for the Workers' Compensation Program (Attachment 6);
7. Approve the Contract for Professional Services Agreement with AdminSure Inc. for
Third-Party Administrative Services (Attachment 7);
8. Authorize the Mayor and City Manager to execute and the City Clerk to attest to the
attached agreements subject to approval by the City Attorney; and
9. Designate a Primary Voting Delegate and an Alternate Voting Delegate to the CJPIA
Board of Directors (Attachment 8).
c)REPORT
23-0358
INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 2.76 TO
THE HERMOSA BEACH MUNICIPAL CODE RE-ESTABLISHING A
CIVIL SERVICE BOARD
(City Attorney Patrick Donegan)
Recommendation:Staff recommends City Council:
1. Introduce and waive full reading and introduce by title only an Ordinance of the City
Council of the City of Hermosa Beach, California, adding Chapter 2.76 to the Hermosa
Beach Municipal Code Re-Establishing a Civil Service Board and determining the
ordinance is not a project under the California Environmental Quality Act (Attachment 1);
and
2. Direct the City Clerk to publish a summary ordinance.
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.
Page 11 City of Hermosa Beach Printed on 6/9/2023
11
June 13, 2023City Council Regular Meeting Agenda - Final
a)23-0366 TENTATIVE FUTURE AGENDA ITEMS
XVI. ADJOURNMENT
Page 12 City of Hermosa Beach Printed on 6/9/2023
12
June 13, 2023City Council Regular Meeting Agenda - Final
FUTURE MEETINGS AND CITY HOLIDAYS
CITY COUNCIL MEETINGS:
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 13 City of Hermosa Beach Printed on 6/9/2023
13
June 13, 2023City Council Regular Meeting Agenda - Final
BOARDS, COMMISSIONS AND COMMITTEE MEETINGS:
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:
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 14 City of Hermosa Beach Printed on 6/9/2023
14
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
23-0361
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
PROCLAMATION DECLARING JUNE 2023
AS PRIDE MONTH IN HERMOSA BEACH
City of Hermosa Beach Printed on 6/8/2023Page 1 of 1
powered by Legistar™15
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
23-0360
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
POLICE CHIEF UPDATE
City of Hermosa Beach Printed on 6/8/2023Page 1 of 1
powered by Legistar™16
CITY MANAGER UPDATE
May 23, 2023
17
Update for May 23, 2023
•Fiesta Hermosa
•Memorial Day Holiday
•Residential Parking Permits
•Construction Projects:
o South Park Upper Restrooms
o Sidewalk Improvements
o Pier Repairs
•National Public Works Week: May 21–27, 2023
•Deadline to Apply for Commission Vacancies: May 25, 2023
•Budget Study Session: May 31, 2023
18
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
23-0363
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
WRITTEN COMMUNICATION
Recommended Action:
Staff recommends City Council receive and file the written communication.
Attachments:
1.Written Communication from Tony Higgins
2.Written Communication from Matt McCool
City of Hermosa Beach Printed on 6/8/2023Page 1 of 1
powered by Legistar™19
From:tony higgins
To:City Clerk
Cc:City Council; DG_PubWorksCommission; Suja Lowenthal; Ann Yang
Subject:Written Communications #2 for June 13 on Ordinance No. 23-1461 | Increasing Parking Meter Rates
Date:Tuesday, June 6, 2023 9:32:15 AM
Attachments:image.png
Dear City Council
I sent this to the City Manager and received no reply.
1. I’m assuming that since there was no mention of the parking permit fee increase in the attached public notice the parking
permit fee will not change.
Is that correct?
2. I’m assuming that since the city has not been chalking-tires regularly to enforce the 1 hour May 15-Sept 15 zones and has
not been able to say how these zones will be enforced, that residents living in these zones will not be charged for parking
permits, and hopefully will be given one for free due to a lack of enforcement.
Word on a lack of an effective enforcement mechanism gets out quickly and the lack thereof represents a degradation in the
quality of life of residents living in these zones. It also results in lost revenue in that contractors all over the westside don’t
get their daily passes if they know there is no enforcement.
3. I was frustrated that the city clerks notice below did not include a link to the actual ordinance and therefore I was unable to
check if parking permit fees were increasing for myself. The city says it has a copy on file in the clerks office and you say a
copy is available on the city’s website right in the attached notice but you don’t provide the link and it doesn’t come up when
you use the city website search utility.
4. I was frustrated that the additional-info link in the city clerk notice below takes you to a page that was word for word the
same as the original notice. Just a waste of time reading that page.
[I hope at least one council member will ask for data going back at least 5 years on the number of 1hour tickets issued this
year and last compared to pre-covid enforcement levels, and if the enforcement levels are not up to par then ask why
residents who live in 2 hour zones are being asked to pay for parking permits in the first place.
There was no additional information. See yellow box in screen shot below.
All in all, this is not the exceptional service you espouse too.
Thank you for considering this.
Anthony Higgins
20
Begin forwarded message:
From: City of Hermosa Beach <info@news.hermosabeach.gov>
Date: June 1, 2023 at 8:02:43 AM PDT
To: tony.higgins123@gmail.com
Subject: City of Hermosa Beach: Notice And Summary of Ordinance No. 23-1461 | Increasing Parking Meter Rates
Reply-To: info@news.hermosabeach.gov
Notice And Summary of Ordinance No. 23-1461 | Increasing Parking Meter Rates
Post Date: 06/01/2023 8:00 AM
CITY OF HERMOSA BEACH
NOTICE AND SUMMARY OF ORDINANCE NO. 23-1461
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.
Notice is hereby given that on May 23, 2023, the City Council of the City of Hermosa Beach
(“City”) adopted Ordinance No. 23-1461 increasing parking meter rates and finding the same exempt
from the California Environmental Quality ct.
Ordinance No. 23-1461 changes the parking meter rates for the parking meters in the City and finds the
same exempt from the California Environmental Quality Act. Pursuant to Vehicle Code § 22508, any
change to parking meter rates must be done via ordinance. Parking meter rates are increased to $2.00 per
hour between the hours of 10 a.m. and 8:00 p.m. and increased to $2.50 per hour between the between
the hours of 8:00 p.m. and 2:00 a.m. The hours of operation for parking meters shall commence at 10:00
a.m. and end at 2:00 a.m. daily.
Ordinance No. 23-1461 was introduced on May 9, 2023 via a 3-2 vote (AYES Councilmembers Detoy,
Saemann, Francois; NOES Mayor Pro Tem Massey and Mayor Jackson) and adopted on May 23, 2023
by unanimous vote .
The Ordinance will take effect thirty days after its adoption. To obtain a full understanding of the
Ordinance, it should be read in its entirety. A certified copy of the full text of the Ordinance is posted in
the City Clerk’s office at Hermosa Beach City Hall, 1315 Valley Drive, 2nd floor, Hermosa Beach, CA
90254, and on the City’s website at http://www.hermosabeach.gov.
Myra Maravilla, MPA, CMC
City Clerk
Click here for more information
Update your subscriptions, modify your password or email address, or stop subscriptions at any time on your
Subscriber Preferences Page. You will need to use your email address to log in. If you have questions or
problems with the subscription service, please visit subscriberhelp.govdelivery.com.
This service is provided to you at no charge by City of Hermosa Beach, California.
21
This email was sent to tony.higgins123@gmail.com using govDelivery Communications Cloud on behalf of: City of HermosaBeach, California · 1315 Valley Drive · Hermosa Beach, CA 90254
22
matt@mccoolforhermosa.com | (310) 486-9696 | www.McCoolForHermosa.com
June 6, 2023
VIA ELECTRONIC MAIL
Hermosa Beach City Council
1315 Valley Drive
Hermosa Beach, CA 90254
RE: Request to censure Mayor Pro Tem Justin Massey
Dear Mayor Jackson and City Council:
I am respectfully requesting the Hermosa Beach City Council censor Mayor Pro Tem Massey for repeatedly
making false statements regarding my allegations of police misconduct by Captain Phillips. It is true and
correct the City of Hermosa Beach hired an outside investigator to investigate my allegations. However,
the adjudication was done internally, which negates hiring an independent investigator. That act is a
continuation of the corruption within the Hermosa Beach Police Department command staff.
During the September 28, 2021 City Council meeting, Police Chief LeBaron stated my allegations; “were
found to be without merit.” The question is, found by whom? It was not the independent investigator. The
March 4, 2021 letter from Police Chief LeBaron does not state “without merit.”
I made a public records request for any record stating my allegations were “without merit,” and the City
Clerk’s Office did not provide any such record. The record provided was the same March 4, 2021 letter.
Therefore, I filed a formal complaint against Police Chief LeBaron for making a false statement during the
September 28, 2021 City Council meeting. That complaint was attached to the February 28, 2023 City
Council meeting agenda. (Attachment.)
There is a significate difference between “exonerated” and “without merit” regarding my allegations
against Captain Phillips. Mayor Pro Tem Massey and Police Chief LeBaron need to publicly set the record
straight and cease slandering me during City Council meetings. The facts and evidence show Captain
Phillips engaged in police misconduct, but was “exonerated” on the justification that it was for the greater
good for the department? Using the term “without merit” implies I made false allegations against Captain
Phillips.
The members of the City Council need to address Mayor Pro Tem Massey abusing his position on the City
Council to publicly slander me. Furthermore, a censure is in order if he defiantly refuses to tell the truth.
Very respectfully,
Matt McCool
23
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
23-0362
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES
AND STANDING COMMITTEE DELEGATES/ALTERNATES
City of Hermosa Beach Printed on 6/8/2023Page 1 of 1
powered by Legistar™24
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
23-0365
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA
(City Clerk Myra Maravilla)
Recommended Action:
Staff recommends City Council waive reading in full of all ordinances on the agenda and declare that
said titles which appear on the public agenda shall be determined to have been read by title and
further reading waived.
City of Hermosa Beach Printed on 6/8/2023Page 1 of 1
powered by Legistar™25
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, May 9, 2023
Closed Session - 5:00 PM
Open Session - 6:00 PM
5:00 PM - CLOSED SESSION
CALL TO ORDER
Mayor Jackson called the Closed Session to order at 5:00 p.m.
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
PUBLIC COMMENT ON THE CLOSED SESSION AGENDA
Virtual Public Comment:
Matt McCool
RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:03 p.m.
23-0273a)MINUTES: Approval of minutes of Closed Session held on April 25, 2023.
23-0280b)CONFERENCE WITH LABOR NEGOTIATOR: Personnel Rules
Government Code Section 54957.6
City Negotiator: City Manager
Page 1City of Hermosa Beach Printed on 5/18/2023
26
May 9, 2023City Council Meeting Minutes - Draft
Employee
Organizations: Hermosa Beach Police Officers’ Association
Police Management Bargaining Group
Teamsters Union, Local 911
Professional and Administrative Employee Group
Management Employee Group
Unrepresented Employee Group
23-0275c)CONFERENCE WITH LEGAL COUNSEL: Litigation Update
Pending Litigation - Government Code Section 54956.9(d)(1)
The City finds, based on advice from legal counsel, that discussion in open
session will prejudice the position of the City in the litigation.
Name of Case: MUZATKO, RACHEL, Case Number: 20TRCV00048
6:00 PM - OPEN SESSION
CALL TO ORDER
Mayor Jackson called the Open Session to order at 6:03 p.m.
Mayor Jackson requested a moment of silence for all those affected by the
multiple tragic acts of violence that occurred over this past weekend.
II. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Elise Meyers.
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 thanked volunteers who attended the April 30
Conversations and Cleanup event and thanked West Basin Municipal
Water District for donating the supplies. The Mayor also announced that on
May 13 at Clark Field, the Little League will host a small concert at the park
beginning at 4:00 p.m.
VI. APPROVAL OF AGENDA
Page 2City of Hermosa Beach Printed on 5/18/2023
27
May 9, 2023City Council Meeting Minutes - Draft
Mayor Jackson requested to pull item "i" from the Consent Calendar for
separate discussion.
A motion was made by Mayor Pro Tempore Massey, seconded by
Councilmember Saemann to pull Consent Calendar item "i" for separate
discussion and approve the remaining order of the agenda. The motion carried
by the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
VII. PROCLAMATIONS / PRESENTATIONS
23-0261a)RECOGNIZING AMERICAN YOUTH SOCCER ORGANIZATION
WESTERN STATE CHAMPIONS
Mayor Jackson invited Regional Commissioner for AYSO Region XVIII
Krista Skinner to provide comments.
Mayor Jackson provided remarks and recognized various AYSO teams for
winning the Western State Championship.
23-0263b)RECOGNIZING CHRISTY TEAGUE FOR HER SERVICE
TO THE CITY OF HERMOSA BEACH
Mayor Jackson provided Christy Teague with a proclamation for her years
of service.
Former Community Development Director Ken Robertson spoke.
Hermosa Beach Chamber of Commerce President Jessica Accamando
spoke.
Community Development Director Carrie Tai spoke.
Mayor Jackson presented a Certificate of Commendation to Christy
Teague.
23-0262c)RECOGNIZING MAY 2023 AS
MENTAL HEALTH AWARENESS MONTH
Mayor Jackson invited Beach Cities Health District representatives and
Youth Advisors to speak about Mental Health Awareness Month.
Members of the Youth Advisory Council provided remarks.
Page 3City of Hermosa Beach Printed on 5/18/2023
28
May 9, 2023City Council Meeting Minutes - Draft
23-0265d)RECOGNIZING MAY 2023 AS
JEWISH AMERICAN HERITAGE MONTH AND
ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH
Mayor Jackson read a proclamation into the record recognizing May 2023
as Jewish American Heritage Month and Asian American and Pacific
Islander Heritage Month.
VIII. CITY MANAGER REPORT
City Manager Suja Lowenthal provided a City Manager Report.
a)23-0267 POLICE CHIEF UPDATE
Police Chief LeBaron provided a Police Chief Update.
Mayor Jackson provided comments.
Police Chief LeBaron responded to Mayor Jackson's comments.
IX. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM THE
PUBLIC
a)23-0281 WRITTEN COMMUNICATION
In Person Public Comment:
Greg McNally
Jake Courtney
Ricardo Reznichek
Deloris Gantner
Jessica Accamando
Jose Bacallao
Morgan Sliff
Christian Stutzman
Ron Garcia
Anna Burns
Liz Ramirez
Dave Shaefer
Frank Paine
Mike Winn
Chad Kroeger
JT Parr
Lynne Pope
Ty
Page 4City of Hermosa Beach Printed on 5/18/2023
29
May 9, 2023City Council Meeting Minutes - Draft
Chandler Bondin
Sarah
Jane
Johnny Lanes
Abby Gasky
Kelly Douglas
Ryan
Virtual Public Comment:
Matt McCool
A motion was made by Councilmember Detoy, seconded by Councilmember
Saemann 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
23-0268a)UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES
AND STANDING COMMITTEE DELEGATES/ALTERNATES
Councilmember Saemann provided comments.
Councilmember Detoy asked questions about a Capital Improvement
Project.
City Manager Lowenthal responded to Councilmember Detoy's comments.
Councilmember Francois provided comments and questions regarding
public comment.
City Attorney Donegan resonded to Councilmember Francois' comments.
Mayor Jackson asked about the truck route comment.
City Manager Lowenthal responded to Mayor Jackson's comments.
XI. CONSENT CALENDAR
Approval of the Consent Calendar
A motion was made by Mayor Pro Tempore Massey, seconded by
Councilmember Detoy to approve the remainder of the Consent Calendar with
item "i" pulled for separate discussion. The motion carried by the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Page 5City of Hermosa Beach Printed on 5/18/2023
30
May 9, 2023City Council Meeting Minutes - Draft
Absent:0
23-0026a)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
23-0269
CITY COUNCIL MEETING MINUTES
(City Clerk Myra Maravilla)
A motion was made to approve recommendation on the Consent Calendar.
c)REPORT
23-0259
CHECK REGISTERS
(Finance Director Viki Copeland)
A motion was made to approve recommendation on the Consent Calendar.
d)REPORT
23-0277
ACTION MINUTES OF THE PARKS, RECREATION AND
COMMUNITY RESOURCES ADVISORY COMMISSION
MEETING OF APRIL 17, 2023
(Community Resources Manager Lisa Nichols)
A motion was made to approve recommendation on the Consent Calendar.
e)REPORT
23-0271
ACTION MINUTES OF THE CIVIL SERVICE BOARD
MEETING OF FEBRUARY 15, 2023
(Human Resources Manager Vanessa Godinez)
A motion was made to approve recommendation on the Consent Calendar.
f)REPORT
23-0254
LOS ANGELES COUNTY FIRE AND AMBULANCE
MONTHLY REPORT FOR MARCH 2023
(Emergency Management Coordinator Israel Estrada)
A motion was made to approve recommendation on the Consent Calendar.
g)REPORT
23-0226
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 Joe SanClemente)
A motion was made to approve recommendation on the Consent Calendar.
h)REPORT
23-0258
ADOPT A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HERMOSA
Page 6City of Hermosa Beach Printed on 5/18/2023
31
May 9, 2023City Council Meeting Minutes - Draft
BEACH, CALIFORNIA, APPROVING AN
AMENDMENT TO THE JOINT POWERS AGREEMENT
WITH THE LOS ANGELES REGIONAL AGENCY
(Environmental Programs Manager Doug Krauss)
A motion was made to approve recommendation on the Consent Calendar.
j)REPORT
23-0274
RECEIVE AND FILE LETTERS SUPPORTING
COMMUNITY FUNDING REQUESTS FOR A REAL TIME
CRIME CENTER, CITY YARD PROJECT, AND
COMMUNITY THEATRE RENOVATIONS
(Deputy City Manager Angela Crespi)
A motion was made to approve recommendation on the Consent Calendar.
XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
i)REPORT
23-0260
ADOPTION OF ORDINANCE NO. 23-XXXX 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 Manager Lowenthal provided a staff report.
Councilmember Saemann provided various questions.
City Attorney Donegan responded to Councilmember Saemann's
concerns.
Councilmember Francois provided various comments.
Finance Director Viki Copeland responded to Councilmember Francois'
comments.
City Manager Lowenthal provided comments.
There was no Public Comment in person.
Virtual Public Comment:
Matt McCool
Ann Gotthoffer
Edward de Beer
Craig Cadwallader
Tony Higgins
Page 7City of Hermosa Beach Printed on 5/18/2023
32
May 9, 2023City Council Meeting Minutes - Draft
Mayor Pro Tem Massey provided various comments.
The City Council continued to deliberate on this item.
A motion was made by Councilmember Detoy, seconded by Councilmember
Francois to waive first reading and introduce "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
hours of operation for parking meters set between the hours of 10:00 a.m. to 2:00
a.m. daily. Motion was carried by the following vote:
Aye:Francois, Saemann, and Detoy3 -
No:Mayor Jackson, and Massey2 -
Absent:0
XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M.
There were no Public Hearing items.
XIV. MUNICIPAL MATTERS
a)REPORT
23-0257
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, NAMING THE BIKE CORRAL
LOCATED ON HERMOSA AVENUE AND 10TH STREET IN HONOR
OF JULIAN KATZ
(Deputy City Manager Angela Crespi)
Deputy City Manager Angela Crespi presented a staff report.
Mayor Jackson provided comments.
City Manager Lowenthal provided additional comments.
Councilmember Francois provided comments.
Virtual Public Comment:
Craig Cadwallader
Matt McCool
Mayor Pro Tem Massey provided comments.
Mayor Pro Tem Massey spoke.
A motion was made by Mayor Pro Tempore Massey, seconded by
Councilmember Saemann to receive and file the Julian Katz Naming
Subcommittee Report; and adopt a resolution of the City of Hermosa Beach,
Page 8City of Hermosa Beach Printed on 5/18/2023
33
May 9, 2023City Council Meeting Minutes - Draft
California, naming the bike corral located on Hermosa Avenue and 10th Street in
honor of Julian Katz; and approve the installation of signage acknowledging the
naming as required by the Municipal Naming, Monument and Sponsorship
Policy. The motion carried by the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
b)REPORT
23-0255
PURCHASE OF VEHICLES FOR
POLICE AND PUBLIC WORKS DEPARTMENTS
(Public Works Director Joe SanClemente)
Public Works Director Joe SanClemente provided a staff report.
Mayor Pro Tem Massey provided comments.
Councilmember Saemann provided comments.
Virtual Public Comment:
Matt McCool
Councilmember Francois provided comments.
Councilmember Detoy provided comments.
Mayor Jackson provided comments.
City Council continued to deliberate on this item.
A motion was made by Mayor Pro Tempore Massey, seconded by
Councilmember Francois to deny staff recommendation for a sole-source
purchase of three Ford F-150 Lightning Electric Trucks in a combined amount of
$312,313.59 from dealerships as vehicles become available; and deny the
Director of Public Works to establish a 10 percent contingency in the amount of
$31,231 to accommodate a potential cost increase; and deny the appropriation of
$59,242 from the Equipment Replacement Fund fund balance to the Public Works
Administration and Engineering Division in the Equipment Replacement Fund;
and deny the appropriation of $107,764 from the Equipment Replacement Fund
fund balance to the Police Department, Community Services Division in the
Equipment Replacement Fund. The motion carried by the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
c)REPORT
23-0229
INFORMATION ON CITY REGULATION OF
WIRELESS COMMUNICATION FACILITIES
(Community Development Director Carrie Tai)
Community Development Director Carrie Tai provided a staff report.
Page 9City of Hermosa Beach Printed on 5/18/2023
34
May 9, 2023City Council Meeting Minutes - Draft
Councilmember Detoy asked various questions.
Councilmember Saeman asked various questions.
Councilmember Francois asked various questions.
Mayor Jackson asked various questions.
Community Development Director Tai responded to comments.
City Attorney Donegan responded to comments.
In Person Public Comment:
Mike Winn
Ania V. Prus
Lynne Pope
Virtual Public Comment:
Tony Higgins
A motion was made by Mayor Pro Tempore Massey, seconded by
Councilmember Saemann to receive and file information on the City's regulation
of wireless communication facilities. Councilmember Francois offered a friendly
amendment to give direction to staff to come back during the Zoning Code
Update with an improved or increased requirements regarding notification and
other issues discussed at the meeting. Motion was carried by the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
d)REPORT
23-0276
CONSIDERATION OF A CITY COUNCIL SUBCOMMITTEE
TO EXPLORE JOINT-USE PARK AMENITIES WITH
THE CITY OF REDONDO BEACH
(City Manager Suja Lowenthal)
Deputy City Manager Angela Crespi provided a staff report.
There was no public comment for this item.
Councilmember Detoy provided comments.
Councilmember Saemann provided comments.
Councilmember Francois provided comments.
Mayor Pro Tem Massey provided comments.
Page 10City of Hermosa Beach Printed on 5/18/2023
35
May 9, 2023City Council Meeting Minutes - Draft
Mayor Jackson provided comments.
City Manager Lowenthal provided additional information.
A motion was made by Mayor Pro Tempore Massey, seconded by
Councilmember Detoy Receive to file a report on the City of Redondo Beach's
City Council actions related to the creation of a subcommittee to explore possible
park improvements and the creation of a related subcommittee; and form a
subcommittee of Councilmember Saemann and Councilmember Detoy to join
with the Redondo Beach City Council subcommittee to explore possible joint-use
park amenities. The motion carried by the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
XV. FUTURE AGENDA ITEMS
a)23-0278 TENTATIVE FUTURE AGENDA ITEMS
Councilmember Saemann requested an information item on Home
Occupations. Mayor Jackson supported this item.
The information item will return to a future meeting in August.
XVI. ADJOURNMENT
Mayor Jackson adjourned the Open Session meeting at 11:37 p.m. in
memory of Lauren Phillips.
Councilmember Francois provided a eulogy for Lauren Phillips.
Page 11City of Hermosa Beach Printed on 5/18/2023
36
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0359
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
CITY COUNCIL MEETING MINUTES
(City Clerk Myra Maravilla)
Recommended Action:
Staff recommends City Council approve the minutes for the Tuesday, May 23, 2023 regular meeting.
Attachment:
1.May 23, 2023-Regular Meeting Minutes
Respectfully Submitted by: Myra Maravilla, City Clerk
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Printed on 6/8/2023Page 1 of 1
powered by Legistar™37
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, May 23, 2023
Draft
5:00 PM - CLOSED SESSION
CALL TO ORDER
Mayor Jackson called the Closed Session to order at 5:00 p.m.
ROLL CALL
City Clerk Myra Maravilla announced a quorum.
Mayor Pro Tem Massey was not present in the Chamber at the time the roll
was called. City Attorney Patrick Donegan confirmed Mayor Pro Tem
Massey was present for the entirety of the Closed Session.
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 for the Closed Session agenda.
RECESS TO CLOSED SESSION
The City Council recessed to Closed Session at 5:03 p.m.
a)23-0320 MINUTES: Approval of minutes of Closed Session held on May 9, 2023.
b)23-0321 CONFERENCE WITH LEGAL COUNSEL:
Page 1City of Hermosa Beach Printed on 6/7/2023
38
May 23, 2023City Council Meeting Minutes - Draft
Anticipated Litigation - (Paragraph (2) of subdivision (d) and
paragraph (2) of subdivision (e) of Government Code section
54956.9)
The City finds, based on advice from legal counsel, that discussion in open
session will prejudice the City in the litigation.
Significant exposure to civil litigation* (1case) -
a.Delay Claim by EBS General Engineering, Inc. (“EBS”): Pacific Coast
Highway Improvements at Aviation Blvd & Pier Ave. EBS has alleged it
suffered damages related to delay in finishing the project.
*Significant exposure to civil litigation means that there exists facts and
circumstances where the City may face a lawsuit. This does not mean that any
potential lawsuit is meritorious or that there is a significant risk that the City will
not prevail in any possible lawsuit.
6:00 PM - OPEN SESSION
I. CALL TO ORDER
Mayor Jackson called the Open Session to order at 6:01 p.m.
II. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Eva Asiddao.
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. It was announced that Mayor Pro Tem Massey
was in attendance for the entirety of the Closed Session.
V. ANNOUNCEMENTS - UPCOMING CITY EVENTS
Councilmember Saemann announced the Hermosa Beach Fine Arts
Festival will take place at the Community Center June 9th and June 10th.
On June 9th, the artists will be available for a meet and greet at the
Hermosa Beach Museum.
Mayor Jackson thanked the community for coming together to participate in
Page 2City of Hermosa Beach Printed on 6/7/2023
39
May 23, 2023City Council Meeting Minutes - Draft
the Julian Katz Bike Corral event. He shared information for the Say Gay
South Bay Fundraiser on June 3rd from 5:00 - 7:00 p.m. He invited the
community to participate in the Reagan Library Excursion on June 9th; and
provided information about the Hermosa Beach Fine Arts Festival.
VI. APPROVAL OF AGENDA
Mayor Pro Tem Massey requested to continue Consent Calendar Item "q"
to a date uncertain at staff's discretion and continue Public Hearing Item
"a" to the June 13, 2023 meeting.
Councilmember Francois provided comments.
Mayor Pro Tem Massey provided comments.
A motion was made by Mayor Pro Tempore Massey, seconded by
Councilmember Detoy to continue Consent Calendar item "q" to a date uncertain
at staff's discretion and continue Public Hearing item 13 "a" to the City Council
meeting on June 13, 2023. The motion carried by the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
VII. PROCLAMATIONS / PRESENTATIONS
a)23-0293 PRESENTATION FROM
MOTHERS AGAINST DRUNK DRIVING (MADD)
Mayor Jackson introduced Rose Zapata, MADD Program Specialist, who
provided a presentation.
Mayor Jackson provided comments.
Councilmember Detoy provided comments.
Mayor Pro Tem Massey provided comments.
Councilmember Francois provided comments.
Councilmember Saemann provided comments.
b)23-0294 RECOGNIZING LEADERSHIP HERMOSA
BEACH EMERGING LEADERS
Mayor Jackson invited Leadership Hermosa and Becky Cheng from
Assemblymember Muratsuchi's Office to the podium to speak about the
Emerging Leader Awards.
Page 3City of Hermosa Beach Printed on 6/7/2023
40
May 23, 2023City Council Meeting Minutes - Draft
Mayor Jackson introduced Eva Asiddao, awardee of the Youth Emerging
Leader Award.
Mayor Jackson introduced Kaci McCrossen, awardee of the Adult
Emerging Leader Award.
Mayor Jackson introduced Higher Grounds, awardee of the Organization
Emerging Leader Award.
Becky Cheng spoke and recognized the Emerging Leader awardees on
behalf of Assemblymember Muratsuchi's office.
VIII. CITY MANAGER REPORT
City Manager Suja Lowenthal provided a City Manager Update.
a)23-0297 POLICE CHIEF UPDATE
Police Chief Paul LeBaron provided a Police Chief Update.
Mayor Jackson provided comments.
Councilmember Francois provided comments.
City Manager Lowenthal provided information.
Public Works Director Joe SanClemente provided information.
IX. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM THE
PUBLIC
In Person Public Comment:
Viki Garcia
Alexis Slafer
Denny Lennon
Jeff Smith
Joe Gura
Sarah Mae Harper
Trent Larson
Virtual Public Comment:
Tony Higgins
Kent Allen
Matt McCool
Mayor Pro Tem Massey provided comments.
Page 4City of Hermosa Beach Printed on 6/7/2023
41
May 23, 2023City Council Meeting Minutes - Draft
Councilmember Francois provided comments.
Mayor Jackson provided comments.
a)23-0314 WRITTEN COMMUNICATION
A motion was made by Mayor Pro Tempore Massey, seconded by
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
a)23-0298 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES
AND STANDING COMMITTEE DELEGATES/ALTERNATES
Councilmember Saemann provided a brief update about the West Basin
Municipal Water District meeting he attended and provided an update
about the annual student exchange program through the Sister City
Association. He spoke about the Skechers shoe and socks donation to the
Casa Hogar, a children's orphanage.
Councilmember Francois provided an update about the West Basin
Municipal Water District meeting he attended and his attendance to the
Airport LAX Roundtable meeting. He provided a brief summary about the
Fiesta subcommittee and provided comments about the cover charge for
the beer garden.
Mayor Jackson wished the TJ a happy birthday and thanked the Public
Works team for their work. He reported on the SCAG and California
Contract Cities Association conferences.
XI. CONSENT CALENDAR
Councilmember Francois pulled item "m" from the Consent Calendar for
separate discussion.
Approval of the Consent Calendar
A motion was made by Councilmember Detoy, seconded by Councilmember
Saemann, to approve the Consent Calendar with the exception of item "m." The
motion carried by the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Page 5City of Hermosa Beach Printed on 6/7/2023
42
May 23, 2023City Council Meeting Minutes - Draft
Absent:0
a)23-0315 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
23-0300
CITY COUNCIL MEETING MINUTES
(City Clerk Myra Maravilla)
A motion was made to approve recommendation on the Consent Calendar.
c)REPORT
23-0304
CHECK REGISTERS
(Finance Director Viki Copeland)
A motion was made to approve recommendation on the Consent Calendar.
d)REPORT
23-0309
MEMORANDUM REGARDING REVENUE REPORT, EXPENDITURE
REPORT, AND CIP REPORT BY PROJECT FOR APRIL 2023
(Finance Director Viki Copeland)
A motion was made to approve recommendation on the Consent Calendar.
e)REPORT
23-0284
ACCEPTANCE OF DONATIONS
(Finance Director Viki Copeland)
A motion was made to approve recommendation on the Consent Calendar.
f)REPORT
23-0310
MEMORANDUM REGARDING CITY TREASURER’S REPORT
AND CASH BALANCE REPORT FOR APRIL 2023
(City Treasurer Karen Nowicki)
A motion was made to approve recommendation on the Consent Calendar.
g)REPORT
23-0283
CANCELLATION OF CERTAIN CHECKS
(City Treasurer Karen Nowicki)
A motion was made to approve recommendation on the Consent Calendar.
h)REPORT
23-0303
CAPITAL IMPROVEMENT PROGRAM STATUS REPORT
AS OF MAY 10, 2023
(Public Works Director Joe SanClemente)
A motion was made to approve recommendation on the Consent Calendar.
i)REPORT
23-0306
ACTION MINUTES OF THE PUBLIC WORKS COMMISSION
MEETING OF MARCH 15, 2023
Page 6City of Hermosa Beach Printed on 6/7/2023
43
May 23, 2023City Council Meeting Minutes - Draft
(Public Works Director Joe SanClemente)
A motion was made to approve recommendation on the Consent Calendar.
j)REPORT
23-0299
PLANNING COMMISSION TENTATIVE FUTURE AGENDA
(Community Development Director Carrie Tai)
A motion was made to approve recommendation on the Consent Calendar.
k)REPORT
23-0318
ACTION MINUTES OF THE PLANNING COMMISSION
REGULAR MEETING OF MAY 16, 2023
(Community Development Director Carrie Tai)
A motion was made to approve recommendation on the Consent Calendar.
l)REPORT
23-0311
SOUTH BAY WORKFORCE INVESTMENT BOARD
QUARTERLY SUMMARY
A motion was made to approve recommendation on the Consent Calendar.
n)REPORT
23-0286
AWARD OF CONSTRUCTION CONTRACT FOR CIP 617
CIVIC CENTER CHARGING STATIONS
(Environmental Programs Manager Douglas Krauss)
A motion was made to approve recommendation on the Consent Calendar.
o)REPORT
23-0307
RESOLUTION APPROVING THE CITY OF HERMOSA BEACH
PERSONNEL RULES AND REGULATIONS FOR
CIVIL SERVICE EMPLOYEES
(Human Resources Manager Vanessa Godinez)
A motion was made to approve recommendation on the Consent Calendar.
p)REPORT
23-0308
RECOMMENDATION TO REJECT CLAIM
(Human Resources Manager Vanessa Godinez)
A motion was made to approve recommendation on the Consent Calendar.
q)REPORT
23-0291
APPROVAL OF THE COMMENCEMENT OF SPECIAL EVENT
LONG-TERM AGREEMENT NEGOTIATIONS
(Community Resources Manager Lisa Nichols)
The City Council continued this item to a date uncertain during the approval
of the agenda.
r)REPORT
23-0305
ADOPTION OF ORDINANCE NO. 23-XXXX OF THE
CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA INCREASING PARKING METER RATES AND
Page 7City of Hermosa Beach Printed on 6/7/2023
44
May 23, 2023City Council Meeting Minutes - Draft
FINDING THE SAME EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
(Finance Director Viki Copeland)
A motion was made to approve recommendation on the Consent Calendar.
XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION
m)REPORT
23-0285
ENDORSEMENT OF ARAKELIAN ENTERPRISES, INC’S
(DBA ATHENS SERVICES) REQUEST FOR AN ANNUAL
RATE ADJUSTMENT TO THE MAXIMUM RATES
FOR SOLID WASTE SERVICES
(Environmental Programs Manager Douglas Krauss)
Councilmember Francois asked various questions.
City Manager Lowenthal and Environmental Programs Manager Kraus
responded to questions.
Christian Warner, Athens Senior Vice President, provided information.
Councilmember Detoy asked various questions.
Mayor Jackson provided comments.
Virtual Public Comment:
Kent Allen
Matt McCool
Councilmember Saemann provided comments.
Athens Senior Vice President Christian Warner provided additional
information.
A motion was made by Councilmember Detoy, seconded by Councilmember
Saemann to endorse the proposed service rate adjustment from Arakelian
Enterprises, Inc. (DBA Athens Services) at amounts not to exceed the attached
rate schedule effective July 1, 2023. The motion carried by the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M.
a)REPORT
23-0322
ADOPT ORDINANCE ESTABLISHING
PERMANENT OUTDOOR PERMIT PROGRAMS AND
DOWNTOWN LANE RECONFIGURATIONS AND
Page 8City of Hermosa Beach Printed on 6/7/2023
45
May 23, 2023City Council Meeting Minutes - Draft
ACCOMPANYING RESOLUTIONS
(Environmental Programs Manager Doug Krauss)
This item was continued to the City Council meeting of June 13, 2023
during the approval of the agenda.
XIV. MUNICIPAL MATTERS
a)REPORT
23-0290
CONSIDERATION OF A REQUEST TO PLACE A PLAQUE ON CITY
PROPERTY HONORING LOS ANGELES COUNTY LIFEGUARDS
(Community Resources Manager Lisa Nichols)
Community Resources Manager Lisa Nichols provided a staff report.
Mayor Pro Tem Massey provided a comment.
In Person Public Comment:
Scott Davey
Councilmember Saemann asked various questions and expressed interest
in serving on the subcommittee.
Councilmember Francois asked various questions and expressed interest
in serving on the subcommittee.
Mayor Pro Tem provided comments.
A motion was made by Mayor Pro Tempore Massey, seconded by
Councilmember Detoy to appoint Councilmember Francois and Councilmember
Saemann to the subcommittee to review the request to place a plaque on City
property honoring Los Angeles County Lifeguards previously awarded Lifetime
Achievement Recognition through the International Surf Festival’s Medal of Valor
Ceremony; and direct the Parks, Recreation and Community Resources Advisory
Commission to establish a subcommittee to provide a recommendation to the
City Council. The motion carried by the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
b)REPORT
23-0282
APPROVAL OF SECOND AMENDMENT TO AGREEMENT WITH
4LEAF, INC FOR ON-CALL STAFF AUGMENTATION SERVICES FOR
COMMUNITY DEVELOPMENT
(Community Development Director Carrie Tai)
Community Development Director Carrie Tai provided a staff report.
Councilmember Detoy provided comments.
Page 9City of Hermosa Beach Printed on 6/7/2023
46
May 23, 2023City Council Meeting Minutes - Draft
Councilmember Francois asked various questions.
City Manager Lowenthal provided comments.
Virtual Public Comment:
Laura Pena
Mayor Jackson provided comments.
Councilmember Francois provided comments.
A motion was made by Councilmember Detoy, seconded by Councilmember
Saemann to approve the proposed second amendment to an agreement with
4LEAF, Inc. for staff augmentation services to increase the not-to-exceed amount
by $115,000, resulting in a total not-to exceed amount of $190,000; and authorize
the Mayor to execute and the City Clerk to attest the attached second
amendment subject to approval by the City Attorney. The motion carried by the
following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
c)REPORT
23-0256
AWARD OF PROFESSIONAL SERVICES AGREEMENT
TO UPDATE THE CITY’S LOCAL HAZARD MITIGATION PLAN
TO EMERGENCY PLANNING CONSULTANTS
(Deputy City Manager Angela Crespi)
Deputy City Manager Crespi provided a staff report.
Virtual Public Comment:
Matt McCool
Councilmember Francois provided comments about approving staff
recommendation.
Mayor Pro Tem Massey provided comments.
A motion was made by Councilmember Francois, seconded by Councilmember
Saemann to award a contract to Emergency Planning Consultants to update the
City's Local Hazard Mitigation Plan at a not-to-exceed amount $52,500 for a term
of one year ending May 23, 2024; and appropriate $16,015 in the General Fund
from the Prospective Expenditures account to cover the non-federal match; and
authorize the Mayor to execute and the City Clerk to attest to the proposed
agreement, subject to approval by the City Attorney. The motion carried by the
following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
Page 10City of Hermosa Beach Printed on 6/7/2023
47
May 23, 2023City Council Meeting Minutes - Draft
d)REPORT
23-0272
AUTHORIZATION TO PURCHASE RECTANGULAR
RAPID-FLASHINGBEACONS FROM
NEXTECH SYSTEMS, INC.
(Public Works Director Joe SanClemente)
Public Works Director Joe SanClemente provided a staff report.
Councilmember Saemann asked various questions.
Virtual Public Comment:
Kent Allen
Matt McCool
A motion was made by Councilmember Detoy, seconded by Councilmember
Saemann to authorize the purchase of rectangular rapid-flashing beacons from
NexTech Systems, Inc. in the amount of $129,771.08 plus taxes for a total amount
of $142,099.33; and authorize the Director of Public Works to establish a
contingency amount of $10,000 for purchasing additional parts as needed during
installation. The motion carried by the following vote:
Aye:Mayor Jackson, Massey, Francois, Saemann, and Detoy5 -
Absent:0
XV. FUTURE AGENDA ITEMS
Councilmember Detoy requested a staff report about the Blue Star
Memorial Program on Pacific Coast Highway. Mayor Jackson and
Councilmember Saemann supported this item.
a)REPORT
23-0317
TENTATIVE FUTURE AGENDA ITEMS
XVI. ADJOURNMENT
Mayor Jackson adjourned the meeting at 9:12 p.m.
Page 11City of Hermosa Beach Printed on 6/7/2023
48
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0357
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
CHECK REGISTERS
(Finance Director Viki Copeland)
Recommended Action:
Staff recommends City Council ratify the following check registers.
Attachments:
1.Check Register 5/17/2023
2.Check Register 5/23/2023
3.Check Register 5/31/2023
Respectfully Submitted by: Viki Copeland, Finance Director
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Printed on 6/8/2023Page 1 of 1
powered by Legistar™49
05/17/2023
Check Register
CITY OF HERMOSA BEACH
1
5:45:04PM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102600 5/17/2023 ACCELA INC.INV-ACC57639 SUBSCRIPTION RENEWAL 6.30.23-6.29.2405817
715-1550 41,888.19
ADDED USERS SUBSCRIPTION 5.20.23-6.29.24INV-ACC57640
715-1550 9,195.38
715-1206-4201 928.65
Total : 52,012.2205817
102601 5/17/2023 AT&T 960 461-1985 555 7 PD COMPUTER CIRCUITS/MAY2300321
001-2101-4304 222.51
Total : 222.5100321
102602 5/17/2023 ATHENS SERVICES HB404018 CITYWIDE SWEEPING & PORTER SVS/MAR2316660
001-3104-4201 17,349.86
001-3301-4201 11,562.23
001-3304-4201 1,593.14
001-6101-4201 1,698.75
Total : 32,203.9816660
102603 5/17/2023 BARROWS, PATRICK PO 39532 INSTRUCTOR PYMTS CLASSES THRU 5.18.2317271
001-4601-4221 1,158.50
Total : 1,158.5017271
102604 5/17/2023 BOB BARKER COMPANY, INC.INV1899134 JAIL SUPPLIES/INMATE SANDALS08763
001-2101-4305 148.25
001-2101-4305 14.09
Total : 162.3408763
102605 5/17/2023 BRAUN LINEN SERVICE Acct 70664 INMATE LAUNDRY SERVICE/APR2300163
001-2101-4306 174.70
Total : 174.7000163
102606 5/17/2023 CAPITAL LIGHTING AND ELECTRIC 467792 MR#632628 ELECTRICAL SUPPLIES21603
001-3104-4201 872.85
Total : 872.8521603
102607 5/17/2023 COLLINS, DENNIS L.PO 39534 INSTRUCTOR PYMTS CLASSES THRU 5.24.2305970
001-4601-4221 5,670.00
Total : 5,670.0005970
Attachment 1 50
05/17/2023
Check Register
CITY OF HERMOSA BEACH
2
5:45:04PM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102608 5/17/2023 COMPLETES PLUS Cust 284080 VEHICLE MAINT/REPAIR PARTS/APR2309436
715-2101-4311 167.28
715-3104-4311 169.53
715-3302-4311 121.94
Total : 458.7509436
102609 5/17/2023 CPCA, CA POLICE CHIEFS ASSOC 1576 LEBARON MEMBERSHIP DUES/FY2400480
715-1550 730.00
PHILLIPS MEMBERSHIP DUES/FY241581
001-1550 155.00
Total : 885.0000480
102610 5/17/2023 DELEON, DIOCELINDA PO39294 LEADERSHIP DEVELOPMENT COURSE MEALS22402
001-2101-4317 30.00
Total : 30.0022402
102611 5/17/2023 DEPARTMENT OF JUSTICE PO39548 CCW RENEWAL PERMIT FEE/DELEON00364
001-2101-4305 52.00
Total : 52.0000364
102612 5/17/2023 DEWEY PEST CONTROL ACCT 759408 PEST CONTROL/MAY2311449
001-4204-4201 849.00
Total : 849.0011449
102613 5/17/2023 DUNCAN SOLUTIONS, INC.101087 CITATION PAYMENT SYSTEM FEES/APR2320668
001-1204-4201 3,445.04
Total : 3,445.0420668
102614 5/17/2023 ENCODEPLUS, LLC 2446 MAT REQ 632716 ORDINANCE CODIFICATION22221
001-1121-4201 72.00
Total : 72.0022221
102615 5/17/2023 EVANS, MARLIN K.PO 39526 INSTRUCTOR PYMTS CLASSES THRU 5.20.2315059
001-4601-4221 712.73
Total : 712.7315059
102616 5/17/2023 FRANCOIS, DEAN PO 39535 REIMBURSEMENT-AGENDA PACKET PRINTING22778
001-1101-4305 18.08
001-1101-4305 1.72
51
05/17/2023
Check Register
CITY OF HERMOSA BEACH
3
5:45:04PM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
(Continued)Total : 19.80 102616 5/17/2023 FRANCOIS, DEAN22778
102617 5/17/2023 FRONTIER 310-318-9210-0827185 PD JAIL BREATHALYZER/MAY2319884
001-2101-4304 93.67
Total : 93.6719884
102618 5/17/2023 HAWTHORNE ELECTRIC SUPPLY 350234 MR#632320 ELECTRICAL SUPPLIES20974
001-3104-4201 994.79
Total : 994.7920974
102619 5/17/2023 HAYER CONSULTANTS INC 4302 PLAN CHECKS THRU 12.27.2206518
001-4201-4201 32,175.81
PLAN CHECKS THRU 3.30.234313
001-4201-4201 35,859.64
Total : 68,035.4506518
102620 5/17/2023 HB CHAMBER OF COMMERCE PO 39500 DEPT MEMBERSHIP DUES FY2413932
001-1550 100.00
Total : 100.0013932
102621 5/17/2023 LAW OFFICE OF C PATRICK HAMBLI 7740 PERSONNEL LEGAL SERVICES/DEC2222299
001-1203-4201 156.75
PERSONNEL LEGAL SERVICES/APR238608
001-1203-4201 181.50
Total : 338.2522299
102622 5/17/2023 LINE DANCING WITH RHONDA PO 39539 INSTRUCTOR PYMT CLASS 1059722878
001-4601-4221 1,190.00
Total : 1,190.0022878
102623 5/17/2023 LONG BEACH BMW MOTORCYCLE 46212 MOTORCYCLE 12K MILE SERVICE12739
715-2101-4311 880.91
MOTORCYCLE REAR TIRE&BRAKE REPLACEMENT46329
715-2101-4311 688.70
LEFT THROTTLE HOUSING REPLACEMENT46330
715-2101-4311 957.69
RIGHT THROTTLE HOUSING REPLACEMENT46331
715-2101-4311 957.69
Total : 3,484.9912739
52
05/17/2023
Check Register
CITY OF HERMOSA BEACH
4
5:45:04PM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102624 5/17/2023 MARTIN CHEVROLET 10302 MAT REQ 632905 FLEET MAINTENANCE PARTS15912
715-2101-4311 74.23
Total : 74.2315912
102625 5/17/2023 MATEKO, KURT PO 39504 GAS REIMBURSEMENT22437
715-2101-4310 60.46
Total : 60.4622437
102626 5/17/2023 MBX FOUNDATION PO 39505 DONATION FOR MIRA COSTA GRAD NITE08665
001-1101-4319 1,000.00
Total : 1,000.0008665
102627 5/17/2023 MERCHANTS LANDSCAPE SERVICES 61371 CITYWIDE LANDSCAPING SVS/MAR2318071
001-6101-4201 37,874.17
105-2601-4201 4,148.83
Total : 42,023.0018071
102628 5/17/2023 NUVIS LANDSCAPE ARCHITECTURE 26301 PICKLEBALL COURT IMPROVEMENTS/FEB2318996
301-8619-4201 11,440.00
PICKLEBALL COURT IMPROVEMENTS/MAR2326400
301-8619-4201 11,600.00
Total : 23,040.0018996
102629 5/17/2023 O'BRIEN BENDER, JEANNE 4-2023 CITY RECORD ORGANIZATION/APR2322673
001-1121-4201 1,600.00
Total : 1,600.0022673
102630 5/17/2023 ODP BUSINESS SOLUTIONS, LLC 312317920001 MAT REQ 632519/OFFICE SUPPLIES13114
001-4202-4305 46.96
MAT REQ 632519/OFFICE SUPPLIES312318107001
001-4202-4305 21.19
Total : 68.1513114
102631 5/17/2023 ONWARD ENGINEERING 6871 3-PHASE AT&T UTILITY PROJECT/APR2321596
001-2159 12,545.00
Total : 12,545.0021596
102632 5/17/2023 PARS 53019 ALT RETIREMENT PLAN ADMIN FEES/MAR2314693
001-1101-4112 7.44
001-1141-4112 1.24
53
05/17/2023
Check Register
CITY OF HERMOSA BEACH
5
5:45:04PM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102632 5/17/2023 (Continued)PARS14693
001-1201-4112 2.48
001-1204-4112 7.44
001-2101-4112 2.48
001-3302-4112 18.61
001-4101-4112 8.69
001-4201-4112 4.96
001-4202-4112 9.93
001-4601-4112 60.81
Total : 124.0814693
102633 5/17/2023 PLATA, YUNUEN PO39296 LEADERSHIP DEVELOPMENT COURSE MEALS18411
001-2101-4317 30.00
MILEAGE REIMBURSEMENT/CLI CLASSPO39522
001-2101-4317 106.63
Total : 136.6318411
102634 5/17/2023 POELSTRA, GERRITT "JOE"PO 39507 INFORMATIONAL SESSION FOR NEW HIRES15701
001-2101-4329 168.17
Total : 168.1715701
102635 5/17/2023 POMERANITZ, EFRAT G.PO 39540 INSTRUCTOR PYMTS CLASSES THRU 5.24.2319853
001-4601-4221 1,834.00
Total : 1,834.0019853
102636 5/17/2023 RJ PRINTING & PROMOTIONAL 1117 GENERIC BUSINESS CARDS FOR OFFICERS21153
001-2101-4201 4.80
001-2101-4201 50.52
001-2101-4201 16.68
CORRECTION NOTICES 2-PART1130
001-4101-4305 806.14
001-4101-4305 73.78
Total : 951.9221153
102637 5/17/2023 SANOWSKI, DEBORAH A Parcel 4188 025 041 STREET LIGHT TAX REBATE/FY2322923
105-3105 24.61
Total : 24.6122923
102638 5/17/2023 SIDRICK, BRAD M.Parcel 4184 025 077 STREET LIGHT & SEWER TAX REBATE/FY2320395
001-6871 132.93
54
05/17/2023
Check Register
CITY OF HERMOSA BEACH
6
5:45:04PM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102638 5/17/2023 (Continued)SIDRICK, BRAD M.20395
105-3105 24.61
Total : 157.5420395
102639 5/17/2023 SIERRA GROUP 140189 HARD DRIVE & INSTALLATION@PD19150
715-2101-4201 623.67
Total : 623.6719150
102640 5/17/2023 SOUTH BAY FORD 436711 MAT REQ 632912 VEHICLE MAINT PARTS10532
715-2101-4311 373.65
Total : 373.6510532
102641 5/17/2023 SOUTHERN CALIFORNIA AUDIO 10839 MAT REQ 938749 WINDOW TINTING18178
715-2101-4311 259.16
Total : 259.1618178
102642 5/17/2023 SOUTHERN CALIFORNIA NEWS GROUP Stmt 0000564057 MAT REQ 632717 LEGAL NOTICES/APR2319623
001-1121-4323 433.32
Total : 433.3219623
102643 5/17/2023 SPECIALIZED ELEVATOR SERVICES 56469 PARKING STRUCTURE ELEVATOR MAINT/MAY2321538
001-3304-4201 190.06
CITY HALL ELEVATOR MAINT/MAY2356470
001-4204-4201 190.06
Total : 380.1221538
102644 5/17/2023 STEAMX, LLC 65595 STEAM CLEANER FUEL PUMP CLEANOUT12701
715-3104-4311 192.29
715-3104-4311 18.17
Total : 210.4612701
102645 5/17/2023 STF CONCRETE INC 1082 REPAIR WALL IN PARKING LOT A22653
001-3104-4201 990.00
Total : 990.0022653
102646 5/17/2023 STRIVE DESIGN INC.85556 SWEATSHIRT FOR EMPLOYEE22686
001-4202-4314 67.25
001-4202-4314 6.39
Total : 73.6422686
55
05/17/2023
Check Register
CITY OF HERMOSA BEACH
7
5:45:04PM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102647 5/17/2023 TRANSTECH ENGINEERS, INC 20232418 WIRELESS PLAN CHECKS/MAR2315901
001-4202-4201 2,204.00
WIRELESS PLAN CHECKS/MAR2320232419
001-4202-4201 280.00
WIRELESS PLAN CHECKS/MAR2320232420
001-4202-4201 829.50
WIRELESS PLAN CHECKS/MAR2320232421
001-4202-4201 494.00
WIRELESS PLAN CHECKS/MAR2320232422
001-4202-4201 652.50
WIRELESS PLAN CHECKS/MAR2320232423
001-4202-4201 652.50
WIRELESS PLAN CHECKS/MAR2320232424
001-4202-4201 843.50
WIRELESS PLAN CHECKS/MAR2320232426
001-4202-4201 829.50
WIRELESS PLAN CHECKS/MAR2320232427
001-4202-4201 741.00
CIP689 PLAN CHECKS/MAR2320232428
001-4202-4201 3,713.00
CIP699 PLAN CHECKS/MAR2320232429
001-4202-4201 3,055.00
WIRELESS PLAN CHECKS/MAR2320232430
001-4202-4201 1,095.00
SOUTH PARK REPAIR PLAN CHECKS/MAR2320232431
001-4202-4201 329.00
SEWER IMPROVEMENT PLAN CHECKS/MAR2320232432
001-4202-4201 517.00
CROSSWALK IMPROVEMENT PLAN CHECK/MAR2320232433
001-4202-4201 470.00
CIP MANAGEMENT MEETINGS/MAR2320232434
001-4202-4201 611.00
PD BLDG RENO PLAN CHECKS/MAR2320232435
001-4202-4201 1,128.00
WIRELESS PLAN CHECKS/MAR2320232437
001-4202-4201 1,074.00
Total : 19,518.5015901
102648 5/17/2023 VALLEY MAINTENANCE CORP.29581 CITYWIDE JANITORIAL SVS/FEB2322700
56
05/17/2023
Check Register
CITY OF HERMOSA BEACH
8
5:45:04PM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102648 5/17/2023 (Continued)VALLEY MAINTENANCE CORP.22700
001-4204-4201 12,037.00
CITYWIDE JANITORIAL SVS/MAR2329734
001-4204-4201 12,037.00
Total : 24,074.0022700
102649 5/17/2023 VCA COAST ANIMAL HOSPITAL 5790617715 K9 CHARLIE VET CARE/BLOODWORK& DENTAL09672
001-2101-4201 1,363.41
Total : 1,363.4109672
Bank total : 305,346.29 50 Vouchers for bank code :boa
305,346.29Total vouchers :Vouchers in this report 50
"I hereby certify that the demands or claims covered by the
checks listed on pages 1 to 8 inclusive, of the check
register for 5/17/2023 are accurate funds are available for
payment, and are in conformance to the budget."
By
Finance Director
Date 5/17/23
57
05/25/2023
Check Register
CITY OF HERMOSA BEACH
1
8:21:44AM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102650 5/25/2023 ADMINISTRATIVE SERVICES CO OP 230410 TAXI VOUCHER PROGRAM - CARDS/APR2311437
145-3404-4201 2,170.38
145-3853 -106.00
Total : 2,064.3811437
102651 5/25/2023 ALL CITY MANAGEMENT 84992 CROSSING GUARD SVS 4.2-4.15.2306827
146-2102-4201 7,223.27
CROSSING GUARD SVS 4.16-4.29.2385330
146-2102-4201 14,631.67
CROSSING GUARD SERVICE/4.30-5.13.2385678
146-2102-4201 14,549.42
Total : 36,404.3606827
102652 5/25/2023 AQUA FLO SI2112799 MAT REQ 938438 IRRIGATION SUPPLIES09366
001-6101-4201 332.34
Total : 332.3409366
102653 5/25/2023 AT&T MOBILITY 287301168383X0510202 EOC MANAGER CELL PHONE/APR2313361
001-1201-4304 49.97
Total : 49.9713361
102654 5/25/2023 BEST BEST & KRIEGER LLP 964689 CITY ATTNY SVS/GENERAL/APR2320942
001-1131-4201 17,527.50
CITY ATTNY SVS/PUB RECORDS REQ/APR23964691
001-1131-4201 2,729.50
CITY ATTNY SVS/LAND USE/APR23964692
001-1131-4201 410.00
CITY ATTNY SVS/FANGARY V CITY HB/APR23964693
705-1133-4201 3,729.26
CITY ATTNY SVS/MUZATKO V CITY HB/APR23964702
705-1133-4201 11,615.90
CITY ATTNY SVS/HBPO ASSOC/APR23964703
705-1133-4201 513.00
CITY ATTNY SVS/ICRMA V CITY HB/APR23964704
705-1133-4201 9,231.50
CITY ATTNY SVS/GRANITE V CITY HB/APR23964705
705-1133-4201 8,702.50
CITY ATTNY SVS/TELECOMMUNICATIONS/APR23964706
Attachment 258
05/25/2023
Check Register
CITY OF HERMOSA BEACH
2
8:21:44AM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102654 5/25/2023 (Continued)BEST BEST & KRIEGER LLP20942
001-1131-4201 3,617.50
CITY ATTNY SVS/PW CONSTRUCTION/APR23964707
001-1131-4201 1,100.00
CITY ATTNY SVS/PUB RECORDS REQ/APR23964708
001-1131-4201 4,194.00
Total : 63,370.6620942
102655 5/25/2023 BLUE DIAMOND MATERIALS 3143949 MAT REQ 632956/ASPHALT FOR POTHOLES06409
001-3104-4201 128.14
Total : 128.1406409
102656 5/25/2023 BLUMENFIELD, DALTON PO39577 SPRING 2023 TUITION REIMBURSEMENT21651
001-2101-4317 3,293.85
Total : 3,293.8521651
102657 5/25/2023 CALIFORNIA WATER SERVICE ACCT 4286211111 WATER USAGE - MAR2300016
105-2601-4303 2,174.33
001-6101-4303 15,367.09
001-4204-4303 1,225.93
001-3304-4303 237.92
Total : 19,005.2700016
102658 5/25/2023 CEROFECI, RONETTE Parcel 4169 027 033 STREET LIGHT & SEWER TAX REBATE/FY2322602
001-6871 132.93
105-3105 24.61
Total : 157.5422602
102659 5/25/2023 CHOLDER, GINA PO 39556 CITATION (37024605) REFUND - DISMISSED22929
001-3302 33.00
Total : 33.0022929
102660 5/25/2023 CODE 5 GROUP, LLC 3635 ANNUAL TRACKING SERVICE17333
001-2101-4201 350.00
001-1550 1,350.00
Total : 1,700.0017333
102661 5/25/2023 COUNTY OF LOS ANGELES REPW23050806316 TRAFFIC SIGNAL MAINT ARTESIA BLVD/APR2300879
001-3104-4251 320.68
59
05/25/2023
Check Register
CITY OF HERMOSA BEACH
3
8:21:44AM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
(Continued)Total : 320.68 102661 5/25/2023 COUNTY OF LOS ANGELES00879
102662 5/25/2023 DEWEY PEST CONTROL Acct 1233239 SEWER RAT ABATEMENT/MAY2311449
160-3102-4201 278.00
Total : 278.0011449
102663 5/25/2023 EHS INTERNATIONAL, INC.3-20052 TRAFFIC CONTROL TRAINING FOR YARD STAFF22422
001-4202-4317 1,980.00
Total : 1,980.0022422
102664 5/25/2023 ELLIOTT, ZACHARY PO 39569 SPRING 2023 TUITION REIMBURSEMENT22924
001-1121-4317 5,542.00
Total : 5,542.0022924
102665 5/25/2023 FRONTIER 209-188-4669-0174985 LANDLINES/COMPUTER LINKS/MAY2319884
001-3302-4304 102.54
001-2101-4304 718.68
001-4204-4321 250.45
001-4202-4304 71.12
001-3304-4304 61.16
001-1204-4304 69.36
715-1206-4304 1,510.81
Total : 2,784.1219884
102666 5/25/2023 FRONTIER 209-190-0013-1206175 PD COMPUTER CIRCUITS/MAY2319884
001-2101-4304 856.18
Total : 856.1819884
102667 5/25/2023 FRONTIER 310-372-6373-0311045 PERSONNEL FAX LINE/MAY2319884
001-1203-4304 69.36
Total : 69.3619884
102668 5/25/2023 GEORGE, KAREN PO 39573 REFUND-27 UNUSED TAXI VOUCHERS22934
145-3853 27.00
Total : 27.0022934
102669 5/25/2023 GONZALEZ, MARIA PO39557 CITATION REFUNDS DUE TO OVERPAYMENTS22932
001-3302 261.00
Total : 261.0022932
60
05/25/2023
Check Register
CITY OF HERMOSA BEACH
4
8:21:44AM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102670 5/25/2023 HERMOSA AUTOMOTIVE INC 53750 MAT REQ 632919 PD WHEEL ALIGNMENT09136
715-2101-4311 120.00
Total : 120.0009136
102671 5/25/2023 JOHN L HUNTER AND ASSOC INC HB1MS412304 MUNI STORMWATER PROGRAM ASSIST/APR2305356
161-3109-4201 1,260.00
Total : 1,260.0005356
102672 5/25/2023 KDC INC.Pymt#2 CIP12-160 PCH TRAFFIC IMPROVEMENTS/APR2322853
115-8160-4201 18,844.20
Total : 18,844.2022853
102673 5/25/2023 LA SUPERIOR COURT - TORRANCE PO39570 CITATION PAYMENT SURCHARGES/APR2300118
001-3302 42,984.80
Total : 42,984.8000118
102674 5/25/2023 LOEZA, JOANNE PO39558 TUITION REIMBURSEMENT WINTER 202322925
001-2101-4317 387.95
Total : 387.9522925
102675 5/25/2023 MANN, DANIEL PO39559 CITATION (45001978) REFUND - VOIDED22931
001-3302 38.00
Total : 38.0022931
102676 5/25/2023 MARTINEZ, JAVIER OR MONIQUE PO39560 CITATION (38016576) REFUND - OVERPAID22930
001-3302 68.00
Total : 68.0022930
102677 5/25/2023 MAXIMOUS, MEDHAT F Parcel 4184 013 032 STREET LIGHT & SEWER TAX REBATE/FY2316451
001-6871 132.93
105-3105 24.61
Total : 157.5416451
102678 5/25/2023 MERCHANTS LANDSCAPE SERVICES 61464 ICE PLANT REMOVAL ON GREENBELT18071
001-6101-4201 1,887.00
Total : 1,887.0018071
102679 5/25/2023 MONTROY SUPPLY COMPANY 1003967.00 SIGN SHOP TRAINING SUPPLIES22691
001-3104-5405 681.75
001-3104-5405 64.77
61
05/25/2023
Check Register
CITY OF HERMOSA BEACH
5
8:21:44AM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102679 5/25/2023 (Continued)MONTROY SUPPLY COMPANY22691
SIGN SHOP PRACTICE MATERIALS1004724.00
001-3104-4201 677.25
001-3104-4201 64.34
Total : 1,488.1122691
102680 5/25/2023 ODP BUSINESS SOLUTIONS, LLC 311015711001 MAT REQ 632517/RETURNED DELL ADAPTER13114
001-4202-4305 -42.04
MAT REQ 838955/OFFICE SUPPLIES311928071001
001-2101-4305 6.54
MAT REQ 838955/OFFICE SUPPLIES311931692001
001-2101-4305 86.51
MAT REQ 632520/OFFICE SUPPLIES313538686001
001-4202-4305 39.03
MAT REQ 632520/OFFICE SUPPLIES313539181001
001-4202-4305 49.98
MAT REQ 632718/OFFICE SUPPLIES313646162001
001-1121-4305 72.26
Total : 212.2813114
102681 5/25/2023 ORIS DE ROA, ALEXIA PO39563 CITATION (35028951) REFUND - VOIDED22927
001-3302 28.00
Total : 28.0022927
102682 5/25/2023 PARKS COFFEE CALIFORNIA, INC.80005014/PO37942 PD COFFEE SERVICE/MAY2322071
001-2101-4305 49.62
001-2101-4306 49.62
Total : 99.2422071
102683 5/25/2023 PLATA, YUNUEN PO39571 SPRING 2023 TUITION REIMBURSEMENT18411
001-2101-4317 2,872.00
Total : 2,872.0018411
102684 5/25/2023 PUB CONSTRUCTION, INC App#002R1 PARK RESTROOM RENOVATIONS/APR2318946
301-8669-4201 255,763.75
Total : 255,763.7518946
102685 5/25/2023 RED SECURITY GROUP, LLC 80117 MAT REQ 939031 LOCKSMITH SERVICES13255
001-3304-4309 55.35
62
05/25/2023
Check Register
CITY OF HERMOSA BEACH
6
8:21:44AM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
(Continued)Total : 55.35 102685 5/25/2023 RED SECURITY GROUP, LLC13255
102686 5/25/2023 REDONDO BEACH, CITY OF 577643 CITY PROSECUTOR SERVICES/APR2303282
001-1132-4201 16,667.00
Total : 16,667.0003282
102687 5/25/2023 REGIONAL TAP SERVICE CENTER 6019467 BUS PASS SALES APRIL 202320061
145-3403-4251 20.00
001-1204-4251 12.50
Total : 32.5020061
102688 5/25/2023 RK SPORTS LLC PO39565 INSTRUCTOR PAYMENT CLASS 1074920932
001-4601-4221 325.50
Total : 325.5020932
102689 5/25/2023 SBCU VISA 01-002728-02-000284 COUNCIL CIP STUDY SESSION DINNER 4.20.2303353
001-1101-4305 281.91
SUPPLIES FOR RECORDS0229646-4647458 CC
001-2101-4305 32.98
001-2101-4305 3.14
BUSINESS PENS0272504-6449043 CC
001-2101-4305 35.97
001-2101-4305 9.98
PLATFORM SUBSCRIPTION FOR 2 ADDED USERS03765-20099411 CC
001-1201-4201 90.41
PD WATER DELIVERY/APR2303D0034513168 CC
001-2101-4305 814.88
SOCIAL MEDIA MGMT SUBSCRIPTION/APR230E2A7ACB-0015 CC
001-1201-4201 79.00
FIREARMS INSTRUCTOR CLASS/NAKAMOTO10044 CC
001-2101-4317 750.00
COUNCIL MEETING DINNER 4.25.231275 CC
001-1101-4305 350.18
SOUTH BAY CHIEFS LUNCH MEETING17556364288212992 CC
001-2101-4305 157.05
EXTERNAL HARD DRIVE1979406-8016212 CC
001-2101-4305 373.55
TR961 LACPCA CONFERENCE/P LEBARON2211967 CC
001-2101-4317 577.56
63
05/25/2023
Check Register
CITY OF HERMOSA BEACH
7
8:21:44AM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102689 5/25/2023 (Continued)SBCU VISA03353
MATERIALS FOR FIESTA HERMOSA28523955 CC
001-3302-4201 101.85
PREMIUM CONNECTIVITY SUBSCRIPTION/APR233000D0011315884 CC
715-2101-4311 9.99
RUSH PRINT ORDER FEE/3 CITY PLAQUES31629 CC
001-1101-4305 20.00
NO-CODE DATABASE SUBSCRIPTION/MAY233C711A9D-008 CC
715-1206-4201 96.00
UNMANAGED SWITCHES4371782-3933859 CC
715-1206-4201 46.98
715-1206-4201 4.55
CIVILIAN LEADERSHIP INSTITUTE/BURGOS50025 CC
001-1550 3,000.00
STANDING DESK FOR MGMT ANALYST6122349-7383409 CC
001-1203-4305 178.19
001-1203-4305 16.93
MAGAZINE CONTENT/GREEN BUSINESS AD7961 CC
001-1201-4201 500.00
TRULY HERMOSA MAGAZINE CONTENT7967 CC
001-1201-4201 2,500.00
EUTHANASIA SERVICES882969 CC
001-3302-4201 27.00
EUTHANASIA SERVICES882974 CC
001-3302-4201 27.00
MICROWAVE FOR BASEMENT BREAK ROOM9193082-9952213 CC
715-4204-4201 225.99
715-4204-4201 21.47
MAYORS COMMUNITY CLEANUP EVENT FOOD976354 CC
001-1101-4305 82.88
MAYORS COMMUNITY CLEANUP EVENT979903 CC
001-1101-4305 45.00
SUPERCHARGER FEES/APR23APRIL 2023
715-2101-4311 199.85
FASTRAK ACCOUNT REPLENISHMENT/APR23APRIL 2023 CC
001-2101-4305 160.00
ADDITIONAL STORAGE SCHEID/APR23MSM5YYXGMJ CC
001-2101-4305 0.99
ADDITIONAL PHONE STORAGE/LEBARON/APR23MXG1ABQFHH CC
64
05/25/2023
Check Register
CITY OF HERMOSA BEACH
8
8:21:44AM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102689 5/25/2023 (Continued)SBCU VISA03353
001-2101-4305 2.99
TRANSPORTATION WHILE @AXON CONFPO 39544 CC
001-2101-4317 60.29
MEDAL OF VALOR LUNCHEON 2023PO39446 CC
001-2101-4317 550.00
PREPAID TOLL ROAD FEESR#8256788354 CC
715-2101-4201 19.69
ANNUAL CONFERENCE REGISTRATIONSPNYK28CMYQ CC
001-1101-4317 1,500.00
MCDERMOTT/ICI COURSE/HOTEL 4.23-28.23TR965 CC
001-2101-4317 679.50
BLUMENFIELD/ICI COURSE/HOTEL DEPOSITTR966
001-2101-4317 135.90
SUMMER SEMINAR REGISTRATION/R JACKSONTR975
001-1550 700.00
PROPERTY ROOM MGMT CLASS/CLAUDIOWC-211529 CC
001-2101-4317 395.00
PARKING METER COIN COLLECTION BAGSX0231667 CC
001-3302-4201 960.94
001-3302-4201 79.69
Total : 15,905.2803353
102690 5/25/2023 SOCAL GAS 170-781-3287 9 YARD CNG STATION FUEL/APR2300170
715-3104-4310 83.75
715-4204-4310 83.75
715-6101-4310 83.75
Total : 251.2500170
102691 5/25/2023 SOCAL GAS 011 004 5767 8 CITY-OWNED BLDGS/NATURAL GAS/APR2300170
001-4204-4303 31.70
Total : 31.7000170
102692 5/25/2023 SOUTH BAY FORD 437028 MAT REQ 632915 VEHICLE REPAIR PARTS10532
715-2101-4311 230.76
Total : 230.7610532
102693 5/25/2023 SOUTH BAY REGIONAL PUBLIC COMM 04316 EQUIPMENT FOR NEW FLEET VEHICLE08812
715-2101-5402 926.10
65
05/25/2023
Check Register
CITY OF HERMOSA BEACH
9
8:21:44AM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102693 5/25/2023 (Continued)SOUTH BAY REGIONAL PUBLIC COMM08812
715-2101-5402 94.93
EQUIPMENT FOR NEW FLEET VEHICLE04317
715-2101-5402 1,423.23
715-2101-5402 145.88
EQUIPMENT FOR NEW FLEET VEHICLE04318
715-2101-5402 191.33
715-2101-5402 19.61
Total : 2,801.0808812
102694 5/25/2023 SPCALA 042023 ANIMAL SHELTERING SERVICES/APR2318821
001-3302-4201 661.00
Total : 661.0018821
102695 5/25/2023 SPECTRUM BUSINESS 8448 30 030 0352413 1301 HERMOSA/540 PIER CONNECTION/MAY2320236
001-2101-4304 278.83
Total : 278.8320236
102696 5/25/2023 STERICYCLE 3006475691 MEDICAL WASTE DISPOSAL/JUN2310412
001-2101-4201 82.69
Total : 82.6910412
102697 5/25/2023 TORRANCE, CITY OF 2023-00152472 INTEROPERABILITY NETWORK MEMBERSHIP/FY2316533
001-2101-4251 27,374.23
Total : 27,374.2316533
102698 5/25/2023 UNITED SITE SERVICES INV-01647552 ADA RESTROOM TRAILER/APR2318753
301-8669-4201 4,258.40
PORTA POTTIES@SOUTH PARK FOR HBSD/APR23INV-01649034
301-8669-4201 659.45
Total : 4,917.8518753
102699 5/25/2023 VALCOURT, ANDREA Parcel 4186 013 055 STREET LIGHT TAX REBATE/FY2318513
105-3105 24.61
Total : 24.6118513
102700 5/25/2023 WONG, ALLISON PO39576 CITATION (39025062) REFUND - VOIDED22933
001-3302 48.00
Total : 48.0022933
66
05/25/2023
Check Register
CITY OF HERMOSA BEACH
10
8:21:44AM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102701 5/25/2023 ZUMAR INDUSTRIES INC 99538 MAT REQ 909656/STREET SIGN MAINTENANCE01206
001-3104-4201 624.80
MAT REQ 909655/STREET SIGN MAINTENANCE99539
001-3104-4201 687.77
MAT REQ 909654/STREET SIGN MAINTENANCE99540
001-3104-4201 624.82
MAT REQ 909653/STREET SIGN MAINTENANCE99541
001-3104-4201 624.82
MAT REQ 909652/STREET SIGN MAINTENANCE99542
001-3104-4201 624.80
MAT REQ 909651/STREET SIGN MAINTENANCE99543
001-3104-4201 624.82
MAT REQ 854450/STREET SIGN MAINTENANCE99544
001-3104-4201 312.40
MAT REQ 909658/STREET SIGN MAINTENANCE99545
001-3104-4201 624.82
MAT REQ 909661/STREET SIGN MAINTENANCE99574
001-3104-4201 648.39
Total : 5,397.4401206
Bank total : 539,953.79 52 Vouchers for bank code :boa
539,953.79Total vouchers :Vouchers in this report 52
67
05/25/2023
Check Register
CITY OF HERMOSA BEACH
11
8:21:44AM
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 11 inclusive, of the check
register for 5/25/2023 are accurate funds are available for
payment, and are in conformance to the budget."
By
Finance Director
Date 5/25/23
68
05/31/2023
Check Register
CITY OF HERMOSA BEACH
1
3:26:41PM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102702 5/31/2023 AMGRAPH GROUP, INC 15801011 INSTALL & REMOVE FLAGS FOR MEMORIAL DAY17965
001-1101-4319 2,660.00
Total : 2,660.0017965
102703 5/31/2023 AT&T 287016141723X0514202 PW & CDD CELL PHONES/HOTSPOTS/APR2300321
001-4201-4304 773.99
001-4202-4304 450.98
001-4201-4304 410.98
Total : 1,635.9500321
102704 5/31/2023 AT&T MOBILITY 287298411168X0510202 PD & CSO CELL PHONES/LPR CAMERAS/APR2313361
001-2101-4304 1,572.94
001-3302-4304 88.04
001-2101-4201 117.60
Total : 1,778.5813361
102705 5/31/2023 CALIFORNIA WATER SERVICE Acct 4286211111 WATER USAGE - APR2300016
105-2601-4303 2,558.39
001-6101-4303 29,497.46
001-4204-4303 1,279.46
001-3304-4303 221.37
Total : 33,556.6800016
102706 5/31/2023 CANON SOLUTIONS AMERICA, INC 6004007248 COPIER MAINT/EOC/JAN-APR2310838
001-1201-4305 9.12
Total : 9.1210838
102707 5/31/2023 CAPITAL WHOLESALE LIGHTING 467813 MAT REQ 632629 ELECTRICAL MAINT SUPPLIES21720
001-3104-4201 134.20
MAT REQ 632630 ELECTRICAL MAINT SUPPLIES468272
001-3104-4201 947.14
MAT REQ 632631 ELECTRICAL MAINT SUPPLIES468274
001-3104-4201 885.75
Total : 1,967.0921720
102708 5/31/2023 COPELAND, VIKI PO39589 TR945 CLOSEOUT-CSMFO CONFERENCE00041
001-1202-4317 257.97
Total : 257.9700041
Attachment 369
05/31/2023
Check Register
CITY OF HERMOSA BEACH
2
3:26:41PM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102709 5/31/2023 CWE CORPORATION 22605 LOT C REPAIR PLANS/SEPT-NOV2217920
301-8699-4201 3,102.92
LOT C REPAIR PLANS/MAR-APR2323223
301-8699-4201 775.73
Total : 3,878.6517920
102710 5/31/2023 EDDY, WENDY R#22849 REFUND - THEATRE DAMAGE DEPOSIT22940
001-2111 500.00
Total : 500.0022940
102711 5/31/2023 FLYING LION, INC.1475 LEASE FOR 2 DRONE KITS/MAY2321402
153-2106-4201 1,500.00
Total : 1,500.0021402
102712 5/31/2023 FRONTIER 323-155-6779-0822065 FIBER OPTIC LINE/MAY2319884
715-1206-4201 226.56
Total : 226.5619884
102713 5/31/2023 FRONTIER 310-372-6186-0832895 2ND FL CITY HALL FAX LINE/MAY2319884
001-1121-4304 14.66
001-1141-4304 14.67
001-1201-4304 14.66
001-1202-4304 14.67
001-1203-4304 14.65
Total : 73.3119884
102714 5/31/2023 GRAINGER 9692229207 MAT REQ 632917/MAINTENANCE SUPPLIES10836
715-2101-4311 398.10
MAT REQ 632918/MAINTENANCE SUPPLIES9710813396
715-2101-4311 -398.10
MAT REQ 632522/MAINTENANCE SUPPLIES9714128389
001-3304-4309 -74.33
MAT REQ 632927/MAINTENANCE SUPPLIES9715164860
715-2101-4311 344.50
MAT REQ 632926/MAINTENANCE SUPPLIES9715164878
715-2101-4311 246.95
MAT REQ 632525/SAFETY EAR PLUGS9716661344
001-4202-4305 60.99
MAT REQ 632526/MAINTENANCE SUPPLIES9720233957
70
05/31/2023
Check Register
CITY OF HERMOSA BEACH
3
3:26:41PM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102714 5/31/2023 (Continued)GRAINGER10836
001-3304-4309 73.32
Total : 651.4310836
102715 5/31/2023 HAJOCA CORPORATION S168260750.001 MAT REQ 938773 PLUMBING SUPPLIES13330
001-6101-4201 311.80
Total : 311.8013330
102716 5/31/2023 HARTZOG & CRABILL, INC.23-0379 TRAFFIC ENGINEERING SVS/APR2314204
001-3104-4201 4,034.62
Total : 4,034.6214204
102717 5/31/2023 HERC RENTALS 33675762-001 EQUIPMENT RENTAL TO PULL SAND BACK22725
161-3109-4201 5,651.91
Total : 5,651.9122725
102718 5/31/2023 LA CO SHERIFFS DEPARTMENT 232981BL MAT REQ 939393/INMATE MEALS/APR2300151
001-2101-4306 243.48
Total : 243.4800151
102719 5/31/2023 MATEKO, KURT PO39598 SPRING 2023 TUITION REIMBURSEMENT22437
001-2101-4317 4,650.00
Total : 4,650.0022437
102720 5/31/2023 MBM GEAR 68288 3 JACKETS FOR PUBLIC WORKS STAFF22400
001-4202-4201 119.94
001-4202-4201 11.99
Total : 131.9322400
102721 5/31/2023 MCCOOL, MATT PO38943 CANDIDATE STMT REIMBURSEMENT20860
001-1121-4251 58.04
Total : 58.0420860
102722 5/31/2023 MCMAHON, ALISON PO39592 EMPLOYEE RECOGNITION DINNER RAFFLE PRIZE22939
001-1203-4201 70.00
Total : 70.0022939
102723 5/31/2023 NUVIS LANDSCAPE ARCHITECTURE 26450 PICKLEBALL COURT IMPROVEMENTS/APR2318996
301-8619-4201 8,755.00
71
05/31/2023
Check Register
CITY OF HERMOSA BEACH
4
3:26:41PM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
(Continued)Total : 8,755.00 102723 5/31/2023 NUVIS LANDSCAPE ARCHITECTURE18996
102724 5/31/2023 NV5, INC 326562 MUNI PIER CONSTRUCTION MGMT/MAR2321033
122-8629-4201 10,550.00
Total : 10,550.0021033
102725 5/31/2023 ODP BUSINESS SOLUTIONS, LLC 313260497001 MAT REQ 838959/OFFICE SUPPLIES13114
001-2101-4305 87.76
MATERIALS FOR RECORDS31371433001
001-2101-4305 80.76
001-2101-4305 7.67
MATERIALS FOR RECORDS313750984001
001-2101-4305 84.96
001-2101-4305 8.07
MAT REQ 632521/OFFICE SUPPLIES313963870001
001-4202-4305 73.13
Total : 342.3513114
102726 5/31/2023 OLYMPIC AUTO CENTER 14435 MAT REQ 632921 BODYWORK/AUTO REPAIR00093
715-3302-4311 1,646.28
Total : 1,646.2800093
102727 5/31/2023 PETTY CASH PO39599 PETTY CASH REPLENISHMENT/5.31.2318547
001-4101-4305 135.08
157-2702-4305 78.77
001-6101-4309 48.04
001-2101-4305 53.23
001-4601-4328 87.59
001-2101-4329 63.48
001-2101-4317 42.19
001-2101-4314 14.03
001-3302-4201 37.31
170-2105-4201 55.00
001-3305-4309 40.23
001-4202-4317 20.00
001-1201-4305 127.76
001-1101-4305 3.50
001-1203-4201 66.00
001-4601-4317 32.00
72
05/31/2023
Check Register
CITY OF HERMOSA BEACH
5
3:26:41PM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102727 5/31/2023 (Continued)PETTY CASH18547
001-1121-4317 65.55
001-2101-4317 75.00
Total : 1,044.7618547
102728 5/31/2023 PRUDENTIAL OVERALL SUPPLY Cust#12754-05 YARD UNIFORMS,TOWELS,&MATS/APR2317676
001-2101-4309 70.86
001-4202-4314 314.16
001-4204-4309 125.00
715-4206-4309 44.06
001-3104-4309 51.98
001-3302-4309 63.80
Total : 669.8617676
102729 5/31/2023 RJ PRINTING & PROMOTIONAL 1139 WINDOW & PLAIN ENVELOPES W/ RT ADDRESS21153
001-1208-4305 1,275.00
001-1208-4305 108.63
Total : 1,383.6321153
102730 5/31/2023 RYDIN DECAL PS-INV106800 OVERSIZED VEHICLE PERMITS09870
001-1204-4305 420.00
001-1204-4305 32.57
Total : 452.5709870
102731 5/31/2023 SECURITAS TECHNOLOGY CORP 6003259261 PANIC SYSTEM MAINT/MAY23-APR2416806
001-1550 2,814.96
SERVICE CALL-SYSTEM UPDATE6003309578
001-2101-4201 285.00
Total : 3,099.9616806
102732 5/31/2023 SITEONE LANDSCAPE SUPPLY, LLC 130316414-001 MAT REQ 938440/LANDSCAPING SUPPLIES19829
160-3102-4309 133.91
Total : 133.9119829
102733 5/31/2023 SOUTH BAY FORD 439195 MAT REQ 632925 VEHICLE REPAIR PARTS10532
715-2101-4311 289.77
Total : 289.7710532
102734 5/31/2023 SOUTH BAY REGIONAL PUBLIC COMM 4336 Q4 SUPPLEMENTAL BILLING/TRACKER MAINT08812
001-2101-4201 4,782.00
73
05/31/2023
Check Register
CITY OF HERMOSA BEACH
6
3:26:41PM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
(Continued)Total : 4,782.00 102734 5/31/2023 SOUTH BAY REGIONAL PUBLIC COMM08812
102735 5/31/2023 SPARKLETTS 4472788051823 WATER DELIVERY COMM RES-MAY2300146
001-4601-4305 149.91
Total : 149.9100146
102736 5/31/2023 SPECTRUM BUSINESS 8448 30 030 0088884 PW YARD CABLE/JUN2320236
001-4202-4201 161.67
Total : 161.6720236
102737 5/31/2023 SPECTRUM BUSINESS 8448 30 030 0350359 1301 HERMOSA/RRC CONNECTION/JUN2320236
001-2101-4304 149.99
Total : 149.9920236
102738 5/31/2023 SPECTRUM BUSINESS 8448 30 030 0049969 PD CABLE/MAY 2320236
001-2101-4201 81.90
Total : 81.9020236
102739 5/31/2023 SPECTRUM BUSINESS 8448 30 030 0504781 HOME INTERNET/COUNCILMAN FRANCOIS/MAY2320236
001-1101-4304 44.99
Total : 44.9920236
102740 5/31/2023 SRK PROMOTIONAL ADVERTISING 4958 INFORMATIONAL FLYER-DECEASED ANIMALS15398
001-3302-4201 120.45
001-3302-4201 26.44
Total : 146.8915398
102741 5/31/2023 T-MOBILE Acct 954297746 PW YARD CELL PHONES/HOTSPOTS/MAY2319082
001-4202-4304 561.24
Total : 561.2419082
102742 5/31/2023 TRIANGLE HARDWARE Acct 1009 MAINTENANCE SUPPLIES/MAY2300123
001-3104-4309 597.97
001-3104-4201 1,859.83
001-4204-4309 385.28
105-2601-4309 1,883.44
160-3102-4309 2,615.97
715-4204-4201 976.33
715-4206-4309 68.61
001-2021 137.49
74
05/31/2023
Check Register
CITY OF HERMOSA BEACH
7
3:26:41PM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102742 5/31/2023 (Continued)TRIANGLE HARDWARE00123
001-2022 -137.49
Total :8,387.4300123
102743 5/31/2023 UNION BANK OF CALIFORNIA, PARS #6746019200PO 37944 PARS/OPEB CONTRIBUTIONS/JUN2314528
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
001-4202-4190 1,307.00
001-4204-4190 495.00
001-4601-4190 848.00
001-6101-4190 1,029.00
105-2601-4190 154.00
160-3102-4190 449.00
715-4206-4190 427.00
Total : 37,416.0014528
102744 5/31/2023 UNIVERSAL CONCRETE GRINDING 1496 CITYWIDE CONCRETE GRINDING22914
115-3104-4201 14,994.00
Total : 14,994.0022914
102745 5/31/2023 VERIZON BUSINESS SERVICES 72583312 VOIP PHONES/CITY HALL & PD/APR2318666
001-1101-4304 16.68
001-2101-4304 373.49
001-4101-4304 77.68
001-4201-4304 94.36
001-4202-4304 155.35
001-4204-4321 12.94
160-3102-4201 12.95
715-1206-4304 12.94
75
05/31/2023
Check Register
CITY OF HERMOSA BEACH
8
3:26:41PM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102745 5/31/2023 (Continued)VERIZON BUSINESS SERVICES18666
001-1121-4304 44.39
001-1132-4304 12.95
001-1141-4304 25.88
001-1201-4304 119.60
001-1202-4304 62.24
001-1203-4304 62.24
001-1204-4304 77.68
001-1208-4304 5.56
Total : 1,166.9318666
102746 5/31/2023 VERIZON BUSINESS SERVICES 72582557 VOIP PHONES/YARD/APR2318666
001-4202-4304 103.57
Total : 103.5718666
102747 5/31/2023 VERIZON BUSINESS SERVICES 72582538 VOIP PHONES/COMM RES/APR2318666
001-4601-4304 101.09
Total : 101.0918666
102748 5/31/2023 VERIZON BUSINESS SERVICES 72581657 VOIP PHONES/BASE 3/APR2318666
001-3302-4304 77.67
Total : 77.6718666
102749 5/31/2023 VERIZON BUSINESS SERVICES 72583682 VOIP PHONES/BARD/APR2318666
001-3304-4304 49.31
Total : 49.3118666
102750 5/31/2023 VERIZON BUSINESS SERVICES 72583684 VOIP PHONES/EOC/APR2318666
001-1201-4304 41.87
Total : 41.8718666
102751 5/31/2023 WESTGROUP DESIGNS INC 23415-01 RECORDS CENTER DESIGN/APR2322612
301-8607-4201 2,320.00
Total : 2,320.0022612
102752 5/31/2023 WILLDAN ENGINEERING 228672 STAFF AUGMENTATION FOR COMM DEV/APR2310703
001-4201-4201 9,803.75
Total : 9,803.7510703
102753 5/31/2023 YUNEX LLC 5620042880 TRAFFIC SIGNAL MAINT/APR2322715
76
05/31/2023
Check Register
CITY OF HERMOSA BEACH
9
3:26:41PM
Page:
Bank code :boa
Voucher Date Vendor Invoice Description/Account Amount
102753 5/31/2023 (Continued)YUNEX LLC22715
001-3104-4201 1,320.00
Total : 1,320.0022715
Bank total : 174,075.42 52 Vouchers for bank code :boa
174,075.42Total vouchers :Vouchers in this report 52
"I hereby certify that the demands or claims covered by the
checks listed on pages 1 to 9 inclusive, of the check
register for 5/31/2023 are accurate funds are available for
payment, and are in conformance to the budget."
By
Finance Director
Date 5/31/23
77
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0332
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
ADOPTION OF THE 2023-24 APPROPRIATIONS LIMIT
(Finance Director Viki Copeland)
Recommended Action:
Staff recommends City Council adopt a Resolution approving and adopting the annual Appropriations
Limit for the Fiscal Year 2023-24.
Executive Summary:
In 1979,the State of California adopted appropriation limits on state and local governments and in
1990 updated the method of limit calculation.Each year,staff presents to City Council a resolution to
approve and adopt the City’s annual appropriations limit.
Background:
On November of 1979,Article XIII B of the California State Constitution was adopted by the voters
through Proposition 4.This Article established appropriations limits on state and local governments
using a formula for appropriation of revenue from tax proceeds.
On June 5,1990,Proposition 111 modified this method of calculating the limit,beginning with fiscal
year 1990-91,to allow the City to choose the most beneficial of two adjustment factors for inflation
and population as follows:
Inflation
California Per Capita Personal Income Change
or
Increase in Non-Residential Assessed Valuation Due to New Construction
Population
City Population Growth
or
County Population Growth
Proposition 111 also implemented a requirement that the Appropriations Limit be reviewed annually
City of Hermosa Beach Printed on 6/8/2023Page 1 of 3
powered by Legistar™78
Staff Report
REPORT 23-0332
Proposition 111 also implemented a requirement that the Appropriations Limit be reviewed annually
by the City’s Independent Auditor.
Analysis:
The 2023-24 limit was calculated,per the League of California Cities Uniform Guidelines,by applying
the population and inflation factors to the prior year limit.The County of Los Angeles’population
change of -0.75 percent was used as the population growth factor since the decrease is less than the
City’s population change of -0.98 percent.The California Per Capita Personal Income Change of 4.44
percent was used as the inflation factor since the increase in Non-Residential Assessed Valuation
Due to New Construction is 0.45 percent.The factor with the largest change is always chosen to give
the City maximum discretion with regard to appropriations.
The law requires adoption of the 2023-24 limit by resolution and a recorded vote of the Council to
select annual adjustment factors. The choice is set forth in the attached resolution.
The limit calculation will be reviewed by the City’s auditors during the annual financial audit.
General Plan Consistency:
PLAN Hermosa,the City’s long-range planning document,was adopted by the City Council in August
2017,and envisions a future where “Hermosa Beach is the small town others aspire to be;a place
where our beach culture,strong sense of community,and commitment to sustainability intersect.”
One of the guiding principles to achieve the vision is to make decisions and take actions that help
contribute to the City’s economic and fiscal stability.
This report and associated recommendations 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:
·Open meetings.Maintain the community’s trust by holding meetings in which decisions are
being made,that are open and available for all community members to attend,participate,or
view remotely.
Fiscal Impact:
There is no fiscal impact associated with the recommended action.
Attachments:
1.Resolution Adopting 2023-24 Appropriations Limit
2.2023-24 Calculation of Appropriations Limit
City of Hermosa Beach Printed on 6/8/2023Page 2 of 3
powered by Legistar™79
Staff Report
REPORT 23-0332
Respectfully Submitted by: Viki Copeland, Finance Director
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Printed on 6/8/2023Page 3 of 3
powered by Legistar™80
Page 1 of 2 RES NO. 23-XXXX
CITY OF HERMOSA BEACH
RESOLUTION NO. 23-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR
THE FISCAL YEAR 2023–24
WHEREAS, the voters of California, on November 6, 1979, added Article XIII
B to the State Constitution, placing various limitation on appropriations of state
and local governments; and
WHEREAS, Article XIII B provides that the appropriations limit for the fiscal
year 2022–2023 is calculated by adjusting the base year appropriations of fiscal
year 1978-79 and subsequent years for changes in the cost of living and
population; and
WHEREAS, Proposition 111 (Section 1.5 of Article XIII B), enacted by the
voters on June 5, 1990, modified the method of calculating the limit, beginning
with fiscal year 1990-91; and
WHEREAS, the City of Hermosa Beach has complied with all of the
provisions of Article XIII B in determining the appropriations limit for fiscal year
2023–2024.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City of Hermosa Beach chooses to use the California
Per Capita Personal Income Change as the inflation adjustment factor for fiscal
year 2023–2024.
SECTION 2. The City of Hermosa Beach chooses to use the Change in
Population for the County of Los Angeles as the growth adjustment factor for fiscal
year 2023–2024.
SECTION 3. The City of Hermosa Beach uses the Uniform Guidelines
published by the League of California Cities in March 1991 to determine the limit
and appropriations subject to the limit.
Attachment 1 81
Page 2 of 2 RES NO. 23-XXXX
SECTION 4. Documentation for calculation of the limit is on file in the
Finance Department and will be reviewed by the City’s auditors during the annual
financial audit, as required by Proposition 111.
SECTION 5. The appropriations limit for the City of Hermosa Beach for fiscal
year 2023–202 is $50,557,970.
SECTION 6. This Resolution shall take effect immediately. The City Clerk shall
certify to the passage and adoption of this Resolution; shall enter the same in the
book of original Resolutions; and shall make a minute of the passage and
adoption thereof in the records of the proceedings of the City Council meeting at
which the same is passed and adopted.
PASSED, APPROVED, and ADOPTED on this 13th day, June 2023.
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan,
City Clerk City Attorney
82
CITY OF HERMOSA BEACH
2022-23 CALCULATION OF APPROPRIATIONS
LIMIT HISTORY OF LIMITATION
Limitation for 1986-87 Fiscal Year $8,609,437
1987-88
Per Capita Income Change =3.47%
>1.0544
County of Los Angeles Population Change = 1.91%
Limitation $9,077,790
1988-89
Per Capita Income Change =4.66%
>1.0655
County of Los Angeles Population Change = 1.81%
Limitation $9,672,386
1989-90
Per Capita Income Change =5.19%
>1.0638
County of Los Angeles Population Change = 1.14%
Limitation $10,289,484
1990-91
Per Capita Income Change =4.21%
>1.0562
County of Los Angeles Population Change = 1.36%
Limitation $10,867,753
1991-92
Per Capita Income Change =4.14%
>1.0594
County of Los Angeles Population Change = 1.73%
Limitation $11,513,297
1992-93
Per Capita Income Change =-0.64%
>1.0084
County of Los Angeles Population Change = 1.49%
Limitation $11,610,009
1993-94
Per Capita Income Change =2.72%
>1.0371
County of Los Angeles Population Change = 0.96%
Limitation $12,040,740
1994-95
Per Capita Income Change =0.71%
>1.0147
County of Los Angeles Population Change = 0.75%
Limitation $12,217,739
1995-96
Per Capita Income Change =4.72%
>1.0507
County of Los Angeles Population Change = 0.33%
Limitation $12,837,178
1996-97
Per Capita Income Change =4.67%
>1.0517
County of Los Angeles Population Change = 0.48%
Limitation $13,500,860
Attachment 2 83
CITY OF HERMOSA BEACH
2022-23 CALCULATION OF APPROPRIATION LIMIT
HISTORY OF LIMITATION
1997-98
Per Capita Income Change =4.67%
>1.0597
County of Los Angeles Population Change = 1.24%
Limitation $14,306,861
1998-99
Per Capita Income Change =4.15%
>1.0604
County of Los Angeles Population Change = 1.81%
Limitation $15,170,995
1999-00
Per Capita Income Change =4.53%
>1.0639
County of Los Angeles Population Change = 1.78%
Limitation $16,140,422
2000-01
Per Capita Income Change =4.91%
>1.0675
County of Los Angeles Population Change = 1.75%
Limitation $17,229,900
2001-02
Per Capita Income Change =7.82%
>1.0961
County of Los Angeles Population Change = 1.66%
Limitation $18,885,693
2002-03
Increase in non-residential assessed valuation due
to new construction =1.00%
>1.0299
City of Hermosa Beach Population Change =1.97%
Limitation $19,450,375
2003-04
Per Capita Income Change =2.31%
>1.0401
County of Los Angeles Population Change = 1.66%
Limitation $20,230,335
2004-05
Per Capita Income Change = 3.28%
>1.0471
County of Los Angeles Population Change = 1.38%
Limitation $21,183,184
2005-06
Per Capita Income Change =5.26%
>1.0650
County of Los Angeles Population Change =1.18%
Limitation $22,560,091
2006-07
Per Capita Income Change =3.96%
>1.0477
County of Los Angeles Population Change =0.78%
Limitation $23,636,207
84
CITY OF HERMOSA BEACH
2022-23 CALCULATION OF APPROPRIATION LIMIT
HISTORY OF LIMITATION
2007-08
Per Capita Income Change =4.42%
>1.0515
County of Los Angeles Population Change =0.72%
Limitation $24,853,472
2008-09
Per Capita Income Change =4.29%
>1.0519
County of Los Angeles Population Change =0.86%
Limitation $26,143,367
2009-10
Increase in non-residential assessed valuation due
to new construction =0.88%
>1.0179
County of Los Angeles Population Change =0.90%
Limitation $26,611,333
2010-11
Increase in non-residential assessed valuation due
to new construction =1.01%
>1.019
City of Hermosa Beach Population Change =0.94%
Limitation $27,116,948
2011-12
Increase in non-residential assessed valuation due
to new construction =2.75%
>1.0314
County of Los Angeles Population Change =0.38%
Limitation $27,968,420
2012-13
Increase in non-residential assessed valuation due
to new construction =9.71%
>1.101268
County of Los Angeles Population Change =0.38%
Limitation $30,800,726
2013-14
Per Capita Income Change =5.12%
>1.05845328
County of Los Angeles Population Change =0.69%
Limitation $32,601,127
2014-15
Increase in non-residential assessed valuation due
to new construction =1.31%
>1.021002
County of Los Angeles Population Change =0.78%
Limitation $33,285,816
2015-16
Per Capita Income Change 3.82%
>1.046713
County of Los Angeles Population Change =0.82%
Limitation 34,840,696$
2016-17
Per Capita Income Change 5.37%
>1.062656
County of Los Angeles Population Change =0.85%
Limitation 37,023,675$ 85
CITY OF HERMOSA BEACH
2022-23 CALCULATION OF APPROPRIATION LIMIT
HISTORY OF LIMITATION
2017-18
Per Capita Income Change 3.69%
>1.042810
County of Los Angeles Population Change =0.57%
Limitation 38,608,659$
2018-19
Per Capita Income Change 3.67%
>1.041987
County of Los Angeles Population Change =0.51%
Limitation 40,229,720$
2019-20
Per Capita Income Change 3.85%
>1.040265
City of Hermosa Beach Population Change =0.17%
Limitation 41,849,570$
2020-21
Per Capita Income Change 3.73%
>1.036159
County of Los Angeles Population Change =-0.11%
Limitation 43,534,643$
2021-22
Per Capita Income Change 5.73%
>1.049159
County of Los Angeles Population Change =-0.77%
Limitation 45,674,763$
2022-23
Per Capita Income Change 7.55%
>1.067864
County of Los Angeles Population Change =-0.71%
Limitation 48,774,435$
2023-24
Per Capita Income Change 4.44%
>1.036567
County of Los Angeles Population Change =-0.75%
Limitation 50,557,970$
86
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0339
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
ACTION MINUTES OF THE PARKS, RECREATION AND
COMMUNITY RESOURCES ADVISORY COMMISSION
MEETING OF MAY 2, 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 May 2, 2023.
Attachments:
1.Action Minutes of the May 2, 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 6/8/2023Page 1 of 1
powered by Legistar™87
MINUTES
REGULAR MEETING of the PARKS, RECREATION AND COMMUNITY RESOURCES
ADVISORY COMMISSION
May 2, 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 Lange, Commissioner Pizer Mains,
Community Resources Manager Lisa Nichols, Office Assistant Kalyn Kaemerle, Assistant Engineer George Hernandez,
and City Attorney John Natalizio
Absent: Commissioner Ellman
IV. Announcements – Upcoming City Events
V. Presentations
a. None
VI. Community Resources Manager Report
a. 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, o n 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
City management or departmental operations are encouraged to submit those comments directly to the City
Manager.
88
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. Action Minutes of the Regular Meeting of April 17, 2023
Motion by Chairperson Horowitz to approve the Consent Calendar with a correction to item a. Action Minutes of the
Regular Meeting of April 17, 2023 noting that the meeting was adjourned in honor of Casey Rohrer, Hermosa Beach
resident, by Commissioner Ellman. Commissioner Pizer Mains seconded the motion. Motion passed with a 4-0 vote.
X. Items Removed from the Consent Calendar for Separate Discussion
b. None
XI. Public Hearings
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 long-term agreement
negotiations with the following organizations for the following special events:
o Amateur Athletic Union (AAU) for the AAU Junior National Championships;
o Association of Volleyball Professionals (AVP) for the Hermosa Beach Open;
o Junior Volleyball Association (JVA)/Beach Volleyball Clubs of America (BVCA) for the
JVA/BVCA National Championships; and
o Hermosa Beach Friends of the Parks for Pets in the Park, Movies at the Beach, and
Pumpkins in the Park.
Coming forward to address the Commission at this time: (00:42:55)
Denny Lennon, AAU event representative
Andrew Young, AVP event representative
Jeff Conover, AVP event representative
Jeff Smith, JVA/BVCA event representative
Motion by Vice-Chair Moroney to recommend to City Council the approval to commence long-term agreement
negotiations with the Hermosa Beach Friends of the Parks for Pets in the Park, Movies at the Beach, and Pumpkins in the
Park. Commissioner Pizer Mains seconded the motion. Motion passed with a 4-0 vote.
Motion by Chair Horowitz to recommend to City Council the approval to commence long-term agreement negotiations
with the following organizations for the following special events: Amateur Athletic Union (AAU) for the AAU Junior National
Championships; Association of Volleyball Professionals (AVP) for the Hermosa Beach Open; Junior Volleyball Association
(JVA)/Beach Volleyball Clubs of America (BVCA) for the JVA/BVCA National Championships . Commissioner Lange
seconded the motion. Motion passed with a 4-0 vote.
b. Creation of a Subcommittee to Consider the Request to Rename the Community Garden in Honor
of Jeff Duclos
• Recommendation: Staff recommends that the Parks, Recreation and Community Resources
Advisory Commission create a subcommittee to work collaboratively with a City Council
subcommittee to consider renaming the Community Garden in honor of former Mayor and
Councilmember Jeff Duclos.
89
Motion by Commissioner Lange to nominate Chairperson Horowitz and Vice Chairperson Moroney to serve on the
subcommittee to work collaboratively with a City Council subcommittee to consider renaming the Community Garden in
honor of former Mayor and Councilmember Jeff Duclos. Commissioner Pizer Mains seconded the motion. Motion passed
with a 4-0 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 8:36pm to the Tuesday, June 6, 2023, meeting.
90
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0338
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
APPROVAL OF THE COMMENCEMENT OF SPECIAL EVENT LONG-TERM AGREEMENT
NEGOTIATIONS
(Community Resources Manager Lisa Nichols)
Recommended Action:
Staff recommends City Council approve the commencement of long-term agreement negotiations
with the following organizations for the following special events:
·Hermosa Beach Friends of the Parks for Pets in the Park,Movies at the Beach,and Pumpkins
in the Park; and
·Shakespeare by the Sea Organization for the Shakespeare by the Sea.
Executive Summary:
The Community Resources Department is tasked with overseeing special event requests and permits
on public property.The Special Events Policy Guide outlines the Long-term Agreement (LTA)
Program,which allows organizations that meet the eligibility requirements to apply for an LTA to
solidify event dates for up to three years.
At its May 2,2023 meeting,the Parks,Recreation and Community Resources Commission
(Commission)recommended the commencement of LTA negotiations to City Council with Hermosa
Beach Friends of the Parks for Pets in the Park,Movies at the Beach,and Pumpkins in the Park
events.
At its June 6,2023 meeting,the Commission recommended the commencement of LTA Negotiations
to City Council with the Shakespeare by the Sea organization for the Shakespeare by the Sea.
Background:
The Community Resources Department is tasked with overseeing special event requests and permits
on public property.The Special Events Policy Guide (Attachment 1)serves as a comprehensive
document for event producers with information on the review and approval process,applicable fees,
policies,and Hermosa Beach Municipal Code chapters and sections pertaining to special events.
The Special Events Policy Guide outlines the Long-term Agreement (LTA)Program,which allows
organizations that meet the eligibility requirements to apply for an LTA to solidify event dates for up to
City of Hermosa Beach Printed on 6/8/2023Page 1 of 5
powered by Legistar™91
Staff Report
REPORT 23-0338
organizations that meet the eligibility requirements to apply for an LTA to solidify event dates for up to
three years and eliminates the need for organizations to submit a special event application each year
and participate in the annual review and approval process by the Commission and City Council.
Additionally,the LTA Program provides an opportunity for event fees to be subsidized with a decrease
or elimination through a negotiation process between the City and organization.
Since the implementation of the LTA Program,the City has entered into 10 LTAs.Attachment 2 is a
table of the current LTAs including the organization,event,term of the agreement,payable fees to the
City, and estimated fees waived annually for each agreement.
The LTA program requires the Commission to review and provide a recommendation to City Council
on whether it believes the City should enter into an LTA with an organization for its special event.
At its March 7,2023 meeting,the Commission recommended the commencement of LTA
negotiations to City Council with the following organizations for the following special events:
·Mychal’s Learning Place for the California Great Santa Stroll;
·Great Autos of Yesteryear for the Classic Car Show;
·The 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 Hermosa Beach Triathlon.
At its March 28, 2023 meeting, City Council approved Commission’s recommendation.
At its May 2,2023 meeting,the Commission recommended the commencement of LTA negotiations
to City Council with Hermosa Beach Friends of the Parks for Pets in the Park,Movies at the Beach,
and Pumpkins in the Park.
At its June 6,2023 meeting,the Commission recommended the commencement of LTA Negotiations
to City Council with Shakespeare by the Sea for the Shakespeare by the Sea event.
Past Commission and Council Actions
Meeting Date Description March 7, 2023 Commission recommended to City Council the
commencement of long-term agreement negotiations
March 28, 2023 City Council approved the commencement of long-term
agreement negotiations
May 2, 2023 Commission recommended to City Council the
commencement of long-term agreement negotiations
June 6, 2023 Commission recommended to City Council the
commencement of long-term agreement negotiations
City of Hermosa Beach Printed on 6/8/2023Page 2 of 5
powered by Legistar™92
Staff Report
REPORT 23-0338
Meeting Date Description March 7, 2023 Commission recommended to City Council the
commencement of long-term agreement negotiations
March 28, 2023 City Council approved the commencement of long-term
agreement negotiations
May 2, 2023 Commission recommended to City Council the
commencement of long-term agreement negotiations
June 6, 2023 Commission recommended to City Council the
commencement of long-term agreement negotiations
Discussion:
Staff received two additional LTA applications (Attachments 7 and 8).LTA applications may be
submitted anytime.However,staff requested organizations that currently hold an LTA set to expire in
2023,or organizations that had previously expressed interest in an LTA,to submit an LTA application
by February 23,2023 to allow staff adequate time to negotiate and form a new agreement for the
organizations’events from 2024 to 2026.Friends of the Parks’and Shakespeare by the Sea’s LTA
applications were received after the February 23,2023 deadline,which is why the organizations’
applications were not included within the original review of LTA applications at the Commission’s
March 7, 2023 meeting.
For an organization to be eligible for consideration of a long-term agreement for its special event,it
must meet at least three of the following:
·Its special event(s)must qualify as an Impact Level II or III (per the Impact Characteristics
Matrix in the Special Events Policy Guide) and meet at least one of the following:
o Have a combined estimated total of 5,000 people in attendance per day; or
o The special event must be at least two consecutive days, including setup and teardown.
·The special event has been held in Hermosa Beach for at least three consecutive years;
·The special event must be produced by an organization that serves,involves,and/or promotes
Hermosa Beach’s coastal lifestyle, its residents, schools, and/or businesses;
·The organization must be able to demonstrate how its programs (outside of those provided at
the special event)provide a positive impact to the City including enhancements to quality of
life to the Hermosa Beach community;or the offering of recreational,cultural,social,and/or
City of Hermosa Beach Printed on 6/8/2023Page 3 of 5
powered by Legistar™93
Staff Report
REPORT 23-0338
life to the Hermosa Beach community;or the offering of recreational,cultural,social,and/or
educational activities of interest to the community; or
·The special event can demonstrate:
o A community benefit; or
o A positive economic impact as a result of the special event.
Attachment 9 is a table of the two additional LTA requests including the organization,event,a brief
description of the event,the requested event dates,and whether it is a new LTA request or a renewal
LTA request.Attachments 10-12 are the 2024-2026 Special Events Calendars with the requested
event dates.The current 2023 Special Events Calendar is included as Attachment 13 for
informational purposes.Requested dates are not confirmed at this phase of review but would be part
of the negotiation process if City Council approves the commencement of negotiations with each
organization.The dates are provided for informational purposes only.If City Council affirms the
Commission’s recommendation to proceed with the four additional LTA requests,staff would begin
negotiations with the organizations and return to City Council for approval of the agreements.
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.
Parks and Open Space Element
Goal 3. Community parks and facilities encourage social activity and interaction.
Policies:
·3.1 Community-friendly events.Encourage,permit,and support community group,nonprofit,
or business organized events on City property that support physical activity,beach culture,and
family-friendly social interactions.
·3.2 Social and cultural events.Design and program parks and open space to accommodate
City of Hermosa Beach Printed on 6/8/2023Page 4 of 5
powered by Legistar™94
Staff Report
REPORT 23-0338
unique social and cultural events to foster connectedness and interaction.
·3.3 Commercial use of facilities.Regulate and enforce commercial use of City parks and
open spaces to ensure activities do not impact general use and enjoyment.
Goal 8.Special events at the beach are balanced to support community recreation and
economic development without restricting coastal access or impacting the community.
Policies:
·8.3 Community-focused events.Prioritize the approval of special events that enhance the
sense of community,improve economic vitality,and foster a healthy environment and active
lifestyles.
·8.4 Family-focused events.Prioritize events that appeal to a wide segment of community
members.
Fiscal Impact:
At this time,the fiscal impact associated with the recommended action is unknown.Special event
fees are negotiated as part of each agreement.Therefore,the impacts are not known until
negotiations are completed.
Attachments:
1.Special Events Policy Guide
2.Table of Current Long-term Agreements
3.Link to March 7, 2023 Commission Staff Report
4.Link to March 28, 2023 City Council Staff Report
5.Link to May 2, 2023 Commission Staff Report
6.Link to June 6, 2023 Commission Staff Report
7.Friends of the Parks Long-term Agreement Application
8.Shakespeare by the Sea Long-term Agreement Application
9.Table of Long-term Agreement Requests
10.2024 Special Events Calendar
11.2025 Special Events Calendar
12.2026 Special Events Calendar
13.2023 Special Events Calendar
Respectfully Submitted by: Lisa Nichols, Community 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 6/8/2023Page 5 of 5
powered by Legistar™95
HERMOSA BEACH
SPECIAL EVENTS POLICY GUIDE
96
1
This policy guide has been developed to clarify and carry out the City’s mission statement related to special
events that occur on outdoor public spaces within the community.
Cover Image: Hermosa Beach Murals Project - John Van Hamersveld
Mission Statement
Hermosa Beach strives to offer a safe and enjoyable environment for special
events to take place in a way that balances resident and visitor needs. Special
events in Hermosa Beach are celebrated for being community-friendly,
enhancing local beach culture, and offering a myriad of benefits to the local
community. The City of Hermosa Beach* works collaboratively with event
operators in an efficient and clear manner to process and carry out permits in
compliance with this policy.
* “City of Hermosa Beach” collectively refers to City staff, Parks, Recreation and Community Resources Advisory
Commission, City Manager, and City Council.
City Contact Information
The City of Hermosa Beach Department of Community Resources is available to assist and
answer any questions related to the special events process:
Website: www.hermosabeach.gov
Phone: (310) 318-0280
Email: hbconnect@hermosabeach.gov
Address: 710 Pier Avenue, Hermosa Beach, CA 90254
97
2
Table of Contents
General Information + Frequently Asked Questions.......................................................................................3
When is a special event permit required?
How do I apply for a special event permit?
Are private events allowed?
What is the “Nothing Weekend”?
How will this policy be enforced?
Where are special events allowed?
Use Classification + Impact Characteristics……………………………………………….…...…………………5
Impact Characteristics Matrix
Pass-Through Events
Pier Plaza Promotions
Approval Guidelines + Requirements……………………………………………………………………….…….6
Event Approval Findings
Application Submittal Deadlines and Approval Process
Peak Season Event Limits
Simultaneous Use of North and South Volleyball Courts
Pre/Post Event Meetings
Accessibility Plan
Site Plan, Equipment, and Signage
Amplified Sound
Food, Beverage, or Merchandise Sales
Professional Filming
Security
Insurance
Event Day Expectations
Applicable Fees…………………………………………………………………………………….……………10
Current Fee Schedule
Application Fees
Special event permit Fee
Additional Fees
Damage Deposit
Refund/Cancellation Policy
Compliance…...…………………………………………………………………………………………...……12
Environmental Requirements
Applicable Codes + Regulations
Fee Waivers…...…………………………………………………………………………….…………...………13
Funding Limits
Eligibility
Approval
Obligations
Disqualification
Long-term Agreements………………………………………………………………………………..…………14
Eligibility
Term Limits
Procedures
Obligations
98
3
General Information + Frequently Asked Questions
When is a special event permit required?
Any organized event, activity, celebration, or function involving the use of the beach at which one hundred or
more persons are to be assembled, or use of outdoor city facilities, rights-of-way, or parkland at which twenty-
five or more persons are to be assembled, requires a special event permit. Additionally, a special event permit
shall be required for any commercial or non-profit group requesting use of any outdoor city facilities, rights-of-
way, or parkland within the city.
How do I apply for a special event permit?
Applications for special events must be submitted using the online form on the City of Hermosa Beach website
and questions may be directed toward the Department of Community Resources.
Are private events allowed?
All events located on the beach within the commercial zone, the Pier, or Pier Plaza must be open to
spectators/general public free of charge. Participant entry fees are permissible.
What is the “Nothing Weekend”?
On at least one weekend during each summer season, the Parks, Recreation and Community Resources
Advisory Commission will recommend no special event permits be issued. This means that any application for a
special event permit that coincides with the designated “Nothing Weekend” will be asked to change dates for
the event to be considered.
How will this policy be enforced?
The special events policy will be strictly enforced by Community Resources Department, Code Enforcement
Officers, and the Police Department. Events, either permitted or unpermitted, found to be violating City policy
or failing to comply with any of the requirements of the Hermosa Beach Municipal Code may be subject to
penalties or fines. Special events, and any of its participants, vendors, or spectators, found to have caused
damage or be in violation of any City policy or the Hermosa Beach Municipal Code may be subject to greater
deposits, regulation, or restrictions when submitting special event applications in the future.
Where are special events allowed?
To ensure adequate space and resources are available, and to limit potential disturbances to the community,
special events are limited to the following locations:
• South of Pier within the Commercial Zone; between 10th Street and the Pier;
• North of the Pier within the Commercial Zone; between the Pier and 15th Street;
• Designated Surf Zone
• The Strand
o Strand use is only permitted for events continuously moving with no obstruction to public access;
• Pier Plaza;
• Within public right of way (please note that any event within the public right of way is subject to approval
by the Chief of Police); and
• The following City parks:
o Valley Park, 2521 Valley Drive;
o Community Center, 710 Pier Avenue;
o Clark Field, 861 Valley Drive;
o Edith Rodaway Park: 350 Prospect Avenue; and
o The Greenbelt.
Special event applications for City parks not included above will be considered on a case-by-case basis.
Special event permits will not be issued for South Park, 425 Valley Drive, or Noble Park, 1400 The Strand.
99
4
Commercial Zone
100
5
Use Classifications + Impact Characteristics
Special events are evaluated based on several factors and will be categorized as Impact Level I, II, or III based
on the information provided in the special event application. Once the information is submitted and reviewed
by the Community Resources Department, City staff will determine the Impact Level of the event using the
Impact Characteristics Matrix.
The Impact Level of the event will be used to determine:
o applicable fees;
o deadline for the special event application submittal;
o requirements for pre-event meeting(s) and post event walk through(s); and
o level of review for approval (City staff, Parks, Recreation and Community Resources Advisory
Commission and/or City Council).
Impact Characteristics Matrix
If more than one option is applicable, the highest characteristic will be used to determine the impact level.
Characteristic Impact Level I Impact Level II Impact Level III
Total Attendees and Spectators
Per Event Day
100-500 501 – 1,999 2,000 or More
Event Location(s) Park or Beach The Pier or Pier Plaza Streets, the Strand, or
Public Right of Way
Use of Volleyball Courts and
Beach Tennis Courts
None • North
Volleyball
Courts; or
• Beach
Tennis Courts
• North and South
Volleyball Courts;
or
• North and South
Volleyball Courts
and Beach Tennis
Courts; or
• North Volleyball
Courts and Beach
Tennis Courts
Event Season(s) Winter Spring or Fall Summer –
Peak Season
(Memorial Day to
Labor Day)
Event Day(s) Monday - Thursday Friday, Saturday, or
Sunday
Holiday
Total Consecutive Event Days
(Including Set-up and Tear-down)
1-2 3-4 5 or More
(May not exceed 15)
Additional requests such as Film/Still
Photo Permit, Reserved Parking,
Fencing, Staging, Street Closures, or
Amplified Sound Permit
None 1-2 3 or more
Impact Level 5 or More
Applicable
=Impact Level I
2 or More
Applicable
= Impact Level II
2 or more Applicable =
Impact Level III
Pass-Through Events
A pass-through event is exactly what the name implies, the event participants pass through the City of Hermosa
Beach and the event does not start or end in Hermosa Beach. A special event application is required to be
submitted and pass-through events are required to follow the approval process required based on the Impact
Level assigned to the event.
Pier Plaza Promotions
101
6
The Pier Plaza Promotion option is designed to provide companies or event sponsors a one-day promotional
opportunity on Pier Plaza subject to the Pier Plaza Use fee. These events must be strictly commercial product or
service promotions and not special events. Companies or sponsors who request approval for this use will be
required to submit a special event application. Up to five Pier Plaza Promotions may be approved each
calendar year.
Approval Guidelines + Requirements
Event Approval Findings
A special event permit may be issued upon finding that:
1. The applicant reimburses the City for all costs incurred by the City in connection with the event, including
public safety, traffic control and monitoring.
2. The number of estimated attendees can be accommodated at the proposed location and surrounding
area.
3. The applicant is capable and qualified to manage the event in a competent, professional manner in
accordance with all conditions of approval.
4. Adequate provision has been made for satellite parking, shuttle transportation and traffic control (as
requested and determined by City staff).
5. Adequate provision has been made for security, crowd control, ingress and egress, and clean-up (as
requested and determined by City staff).
6. Adequate provision has been made for trash clean-up and pick-up (as requested and determined by City
staff).
7. Adequate provision has been made for additional portable restroom facilities (as requested and
determined by City Staff).
8. The total number of days required for the event shall not exceed sixteen consecutive days.
9. The applicant provides required insurance, deposits, bonding and indemnification of the City.
Application Submittal Deadlines and Approval Process
Special event applications must be submitted as follows:
• New events: If the new event is an Impact Level I or II, the application must be submitted at least ninety
(90) days in advance of the event. If the new event is an Impact Level III, the application must be
submitted no later than July 30 for the following calendar year. New events to Hermosa Beach will be
subject to a Public Hearing by both the Parks, Recreation and Community Resources Advisory Commission
and City Council.
• Returning Level III events: Must be submitted no later than July 30 for the following calendar year. Upon
recommendation for approval by the Parks, Recreation and Community Resources Advisory Commission
and approval by City Council, permits will be processed and issued by the Community Resources
Manager.
• Returning Level II events: Must be submitted at least ninety (90) days in advance of the event. Upon Parks,
Recreation and Community Resources Advisory Commission approval, the Community Resources
Manager may process and issue permits. Should the Parks, Recreation and Community Resources Advisory
Commission recommend denial of a special event, that decision may be appealed to the City Council.
• Returning Level I events: Must be submitted at least thirty (30) days in advance of the event. Level I events
will be reviewed, and permits will be issued by the Community Resources Manager. Should the Community
Resources Manager recommend denial of a special event, that decision may be appealed to City
Council.
o Pier Plaza Promotions: Review and approval of Pier Plaza Promotion events will follow the same
approval process as Level I events.
Any returning event to the City that is requesting a significant change to the event format including the
location, total event days, or estimated attendance and spectator total may be subject to the application
submittal deadlines and approval process outlined for new events at the discretion of the Community
Resources Manager.
The Parks, Recreation and Community Resources Advisory Commission and City Council will evaluate and
recommend approval of returning Impact Level III events and a “Nothing Weekend” first, and then will consider
approval of returning Impact Level II events. Then staff will consider approval of Impact Level I events. Events
submitted earliest will be given priority for their preferred dates.
102
7
Review Timeline
(Returning Events)
Application Period
Opens
Last Day to
Submit Application
Parks, Recreation and
Community Resources
Advisory Commission
Review
City Council Review
Impact Level I
October 15
(for following
calendar year)
30 days prior to event n/a n/a
Impact Level II
October 15
(for following
calendar year)
90 days prior to event Beginning in
December n/a
Impact Level III
July 1
(for following
calendar year)
July 30
(for following
calendar year)
September Meeting
October Meeting
At the discretion of the Community Resources Manager, special event applications may be submitted for
consideration after the application submittal deadline has passed, provided:
• there are unforeseeable circumstances (memorial service, team victory celebration, need for
minimal marketing/advertising)
• the event does not exceed Peak Season Event Limits
• the event can still meet all of the event approval findings
The Community Resources Manager and the City’s Special Events Team will participate in the review and
approval of special event applications submitted after the deadline has passed. The Parks, Recreation and
Community Resources Advisory Commission and City Council will receive an update on the status of events
submitted after the deadlines.
Event organizers are expected to be present at the Parks, Recreation and Community Resources Advisory
Commission and City Council meetings (if required) where their event is scheduled to be reviewed.
Peak Season Event Limits
To balance coastal access with beach events, the Beach, the Strand, and Pier Plaza will be limited to the
following number of events during the peak summer season (Memorial Day to Labor Day – approximately 100
days over the summer):
o Maximum of 45 days used by Level III Events
o Maximum of 25 days used by Level I and II Events, and (on days not used by Level III Events)
Events under a Long-Term Agreement will be categorized by their Impact Level
o City Sponsored/Contracted Events will be categorized by their Impact Level
The monthly number of event limits for off-peak season (Labor Day to Memorial Day) will be limited to a
maximum of 15 days used by events per month. Additionally, only two events per any given day will be
permitted in the City.
Simultaneous Use of North and South Volleyball Courts
One side of the North and South of Pier Volleyball courts will be required to remain open for general public use
during special events occurring on weekends. An exception may be provided for events that occur at the
same time as City-sponsored classes utilizing the North or South of Pier Volleyball Courts or at the discretion of
the Parks, Recreation and Community Resources Advisory Commission and City Council.
Impact to Beach Tennis Courts
Any event requesting removal of the Beach Tennis Courts must provide one of the following:
• An event footprint that would allow for at least three of the permanent Beach Tennis Courts to remain
for general public use; or
• Temporary Beach Tennis Courts available for general public use.
o Temporary courts must remain at least 50 feet from the strand wall and shall not block beach
access or hinder emergency access onto and from the beach by the Los Angeles County
Lifeguards. If temporary courts are provided outside of the Commercial Zone, outside of the
event footprint, it is the responsibility of the event producer to set-up and remove the courts
daily as they are not permitted to remain overnight.
103
8
o The City and Beach Tennis community would assist with providing the temporary poles and nets
to the event producer and provide guidance for installation/removal.
Event Notifications
The Community Resources Department may require event producers to provide written notification to all
residents and businesses within a 500-foot radius of the event site. The City shall provide the notice, which shall
include the date and time of the event and the telephone number of the designated event representative.
Said written notice shall be provided to the surrounding residents and businesses by the event representative
not less than 1 week prior to the event. Additionally, new event requests for locations outside of the Beach or
downtown area, require event notifications to be posted at the event site leading up to the scheduled Public
Hearing to provide the community additional notice of the proposed new event.
Pre/Post Event Meetings
Pre-event meetings and post-event walkthrough/evaluations with City staff and event producers may be
required.
A “pre-event meeting” may be scheduled anytime between 3 months to several weeks prior to the actual
event date as determined by City staff. The goal of this meeting is to provide information to all City
Departments involved or impacted by the event. The Community Resources Department may require any
event to have an “on-site meeting” prior to the event and a final site map must be presented at this time. City
staff may require multiple meetings if the event details require further discussion or if additional information is
requested. First-time events that expect to be recurring events may also be required to attend a “post-event
meeting.” The Community Resources Department will invite representatives from other City Departments to
these meetings, which are involved or affected by the event.
Permits may also specify a time for a “post-event walkthrough” where the applicant, event coordinator, or an
authorized representative of the applicant is required to be present, as staff will walk through the site and assess
the condition it was left in. Failure to participate in pre or post meeting events, may jeopardize your approved
event or future events in Hermosa Beach.
Site Plan, Equipment, and Signage
A detailed map schematic must be submitted to move forward with the review and approval process that
includes the proposed location of the event, including all temporary facilities, structures, signage, and /or
equipment to be erected, ingress and egress, number and type of vehicles and whether existing structures
and/or facilities are to be relocated or modified. Events requiring Building, Police, or Fire Department review,
must include maps and plans that are drawn to scale.
All recreational activities and set-up of recreational equipment should remain at least 50 feet from the Strand
wall. Special considerations may be made for permitted, and City approved recreational events or activities.
All event-related activities and set-up shall not block beach access or hinder emergency access onto and from
the beach by the Los Angeles County Lifeguards.
All tents must remain at least 10 feet from the Strand wall.
A parking plan showing the number of public parking spaces to be occupied by the event organizers, the
location of satellite parking lots to be used for attendee parking, arrangements for shuttle bus transportation,
and plans for publicizing the availability of off-site public parking may be required.
Events that set up bleachers, stages higher than 2’ off the ground, fencing or other temporary structures will be
subject to review and inspection prior to the start of the event. Accessibility compliance will be required for
seating, bleachers or any stages higher than 2’ off the ground. Pedestrian access shall be maintained, and a
layout plan may be required to ensure proper access and circulation.
Events including promotional signs/banners, a frame signs, and other signage items shall not be placed on City
facilities or premises without prior written approval from the City and must include a temporary sign/banner
permit and site plan.
104
9
Accessibility Plan
It is the applicant’s responsibility to comply with all City, County, State and Federal disability access
requirements applicable to the event, including the American with Disabilities Act (ADA). All indoor and
outdoor sites, activities and programs must be accessible to persons with disabilities.
Amplified Sound
Amplified sound (Public Address system for announcements, etc.) is limited to the hours of 10:00 AM to 9:00 PM
for up to a total of four hours in any day. Exceptions may be approved for special events, in conjunction with
the special event approval process. Events must comply with the City Noise Ordinance HBMC 8.24 and
speakers must be facing westward (towards the ocean) at all times. Event producers are required to obtain an
Amplified Sound Permit if the event intends to use a loudspeaker or sound amplifying equipment for the
purpose of giving instructions, directions, lectures, or transmitting music. Requests should be noted when
submitting a special event application to the Community Resources Department to ensure proper coordination
with the Chief of Police. The Chief of Police will consider the following in the issuance of amplified sound
permits:
1. The volume and intensity of the noise, particularly as it is experienced within a residence or place of
business;
2. Whether the noise is prolonged and continuous;
3. How the noise contrasts with the ambient noise level;
4. The proximity of the noise source to residential and commercial uses;
5. The time of day; and
6. The anticipated duration of the noise
Food, Beverage, or Merchandise Sales
In accordance with HBMC Section 12.20.300, the sale of food, non -alcoholic beverages, or branded
merchandise from the event producer on the beach are allowed pursuant to a special event permit approved
by the City Council. The sale of any other commodity, merchandise, wares, products, or service on the beach
or the strand is not allowed.
Applicant is responsible for obtaining any applicable food or beverage permits. A Temporary Food Permit is
required when selling, serving, giving away, or sampling food or consumable products, including water or other
beverages, at a public event. Additionally, each food vendor at the event must also have a Temporary Food
Permit. Different permits, policies and procedures depend on the classification and the number of days of the
event. As part of the food handling requirements, applicants or event organizers are required to include public
safety features in the event plans such as hand-washing sinks. The County of Los Angeles Department of
Environmental Health issues food permits. It is the responsibility of the applicant to ensure all vendors have
current permits.
If the sale of alcohol is included in a special event application (requests for alcohol on the beach w ill not be
approved), approval from the City Council is required and the applicant must request authorization from the
State of California Department of Alcohol Beverage Control (ABC). A copy of the ABC License must be
provided to the Community Resources Department prior to the issuance of a permit. City departments may
place restrictions on the way in which alcohol is managed at a proposed event.
Professional Filming
A Film/Still Photo Permit is required for any event utilizing professional filming or still photo equipment or
recording or photographing of activities resulting in commercial use. Information about professional filming
permits can be obtained on the City of Hermosa Beach website.
Security
City staff or law enforcement may deem an activity warrants the presence of one or more Police Officers or
security personnel and the cost of such services shall be borne by the applicant. Security personnel must be
licensed, in uniform and are subject to approval by the City. Proof of obtaining the required security personnel
must be provided to the Community Resources Manager at least two (2) weeks prior to the event.
Portable Restrooms + Hand Sanitizing/Sink Facilities
Events may be required to provide portable restrooms and hand-sanitizing/sink facilities. The cost of such
services shall be borne by the applicant. The number of portable restrooms and hand-sanitizing/sink facilities
required will be determined by City staff and factors such as the event location, total duration of the event,
estimated attendance (participants and spectators), season the event takes place and whether food and
105
10
beverage will be served will be considered. City staff will designate the location for any portable restrooms and
hand-sanitizing/sink facilities required at the event location.
Insurance
At least ten (10) days prior to the event, applicants will provide the City with a certificate of insurance providing
liability insurance with the following requirements:
Applicant agrees to furnish the City of Hermosa Beach evidence of comprehensive general liability insurance in
the form of a certificate naming "the City of Hermosa Beach, its officers, agents, volunteers, and employees as
additional insureds." This exact verbiage is required. Applicant shall notify the City at least thirty (30) days prior
to the termination, reduction, cancellation, suspension, modification, or expiration of the
policy. Notwithstanding the foregoing, Applicant shall maintain insurance coverage meeting the standards
outlined in this Section at all times during the term of the activity or activities for which Applicant submitted its
application, as reflected in and permitted by this Agreement. All certificates are subject to approval of the
City’s Risk Manager.
Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering commercial general liability
on an "occurrence" basis, including property damage, bodily injury, death, and personal and advertising injury
with limits no less than two million dollars ($2,000,000) per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this Agreement, or the general aggregate limit shall
be twice the required occurrence limit. The City reserves the right to request greater or lesser amounts of
insurance coverage.
If the use includes athletic activities, Applicant shall provide evidence of that the commercial general liability
insurance includes coverage for injuries to athletic participants and participant ac cident insurance.
If the Applicant maintains broader coverage and/or higher limits than the minimums shown above, the City
requires and shall be entitled to the broader coverage and/or the higher limits maintained. Any available
insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to
the City.
Event Day Expectations
In order to immediately address any issues or changes that may arise during the course of an event, producers
are responsible for:
• Providing a cell phone number upon which City staff may contact the producer
• Being available on-site or providing a designated contact at all times during the event. This includes
agreement that producers (or their designated contact) will not actively participate in the event.
• Maintaining copies of all applicable special event permits and any other permits issued by the City of
Hermosa Beach on-site during the event.
Applicable Fees
All special events are subject to an application fee, special event category fees and additional fees
established by resolution of the City Council and any additional costs incurred by the City on behalf of the
event. Payment of special event fees is due upon receipt. The Community Resources Manager has the
discretion to revoke a permit or place a hold on processing future event applications if all ap plicable fees are
not paid in a timely manner.
Current Fee Schedule
Event Categories Fee
Category I
• Less than 500 people
Non-profit: $2 per registrant
and roster of participants
due to City
Commercial: 70/30
split of proceeds
and roster of participants
due to City
106
11
Category II
• Impacts public areas for no longer than one (1) day including set-up/tear-down
• Is conducted in the off-season (not between Memorial Day and Labor Day
or on any holiday)
• Participant plus spectator crowd more than 500 but less than 3,000
• Has no television coverage (except news)
• A non-profit entity is the beneficiary of the net revenues (100%)
• Does not meet any of the identifying criteria for a Category III or IV event
$3,169 per event day
Category III
• Impacts public areas for more than one (1) day including set-up/tear-down
• Participant plus Spectator crowd does not exceed 5,000
• Has no television coverage (except news)
• Has more than $3,000 and less than $50,000 in prize money
• Does not meet any of the identifying criteria for a Category IV event
$3,487 per event day
Category IV
• Meets Category III Criteria and has one or more of the following:
▪ Has network television coverage
▪ Estimated participant/spectator crowds exceed 5,000 people
▪ Prize money in excess of $50,000
▪ Charges admission to spectator
▪ Gross revenues in excess of $50,000
$6,341 per event day
Additional Fees Fees
Commercial Application Fee - non-refundable $996
Non-Profit Application Fee - non-refundable $664
Pass-Thru Application Fee - non-refundable $332
Amplified Sound Permit $195
Pier Plaza Use Fee $13,272 per event day
Event Co-Sponsor $335 each
Event Set-Up/Tear-Down $300 per location, per day
Community Resources Staff $398 per day
Parking Meter Space Fee $1.25 per hour (8am-8pm)
$1.50 per hour (8pm-8am)
Depending on event details additional fees may apply due to required staffing and/or services from the City of
Hermosa Beach’s Building Division, Police Department, Public Works Department and the Los Angeles County
Fire Department.
Application Fees
Upon review of the special event application, City staff will follow up to the event contact to collect payment
of the application fee, which will be due immediately to continue the review and approval process. This fee will
not be applied to special event permit fees and is non-refundable.
Special Event Permit Fees
Events are subject to a daily permit fee based on the designated event category level.
Payment of applicable special event permit fees shall be due following event approval and must be submitted
at least 10 days in advance of the scheduled event.
Additional Fees
The Community Resources Department will confirm the necessary permits during application review and will
coordinate with applicants to secure permits and process fees from the appropriate City departments once
the special event is approved by the appropriate review body. Additional fees may be required for:
• the use of Pier Plaza and reservation of City Facilities
• installation of street banners or temporary signs
• reservation/use of public parking spaces
107
12
• use of amplified sound
• use of professional filming or still photography
• presence of police, fire, community resources, or paramedic staff on site before, during or after event
• application for business license
Damage Deposit
Monetary deposits, bonds and other security may be necessary to guarantee performance of all required
conditions, clean-up and repair of any City property or facilities damaged as a result of the event. Events may
be required to submit a deposit to cover any potential damage to City facilities. All or a portion of the deposit
may be refunded upon post event inspection or sign -off by Public Works, Chief of Police, or other applicable
City staff. Events will be billed for the costs to repair or replace any City property damaged as a result of the
event if the damage exceeds the deposit provided.
Refund/Cancellation Policy
Once a permit is approved and issued, the special event permit and additional impact fees may be refunded
when written notice is given to the Community Resources Department at least two weeks prior to the event
date and provided that no staff services are incurred. If rain is predicted and the decision is made to cancel
within two weeks prior to the event, no monetary refund will be given but City staff will work with event
producers to re-schedule events to another available date.
Compliance
Environmental Requirements
All events will be required to submit an environmental protection plan showing proposed compliance to
reduce environmental impacts as part of the application form. Such measures may include, but shall not be
limited to:
• Waste recycling and reduction
• Energy efficiency
• Protection of the marine environment
• Community education opportunities
• Monitoring and reporting compliance with the environmental protection plan
Applicable Codes + Regulations
The City of Hermosa Beach Municipal Code governs the approval, review, and enforcement of special events.
The Special Event Policy rules and regulations must be strictly adhered to and all pertinent City Ordinances shall
be enforced. The sections of the Hermosa Beach Municipal Code relevant to special events include:
Title 8 – Health and Safety
8.24 Noise Control
8.64 Ban on Polystyrene Food Service Ware
Title 9 – Public Peace Morals and Welfare
9.28 Parties, Events and Gatherings on Private Property
Title 10 – Vehicles and Traffic
10.28 Loading and Unloading
10.32 Stopping, Standing and Parking
Title 12 Street, Sidewalks and Public Places
12.20 Beach and Strand Regulations
12.24 Municipal Pier
108
13
12.28 Parks, Playgrounds and Other Public Areas
12.30 Special Events on Public Property
Fee Waivers
To support qualifying organizations, the City provides special event fee waiver grant opportunities to assist in its
success by relieving the financial burden associated with the cost of the City’s special event fees. The Special
Event Fee Waiver Grant Policy is intended for those events required to complete the annual special event
application filing, review, and approval process. Events and organizations that qualify for a long -term
agreement or in a City Contract are not bound to the terms of this policy.
Funding Limits
The Parks, Recreation and Community Resources Advisory Commission (Commission) awards grant funding for
qualified organizations that have received approval to hold their event in the City of Hermosa Beach. The
annual award limit of the Special Event Fee Waiver Grant is approved by the City Council each fall for the
upcoming calendar year. Grants will be awarded up to a maximum of $2,500 per event or a 50% reduction of
indirect City special event fees, whichever is the lesser amount.
Awards may only be used toward indirect special event fees charged by the City; direct costs are not eligible
for consideration of this grant and organizations are required to pay those in full. A fee worksheet is included in
the Fee Waiver Grant Application that further outlines those fees eligible under this grant. The minimum amount
of requested special event fee waiver grants must total at least $250.
Eligibility
In order to be eligible to apply for a Special Event Fee Waiver Grant, the special event must be a returning
event to the City and have been successfully approved through its applicable approval process as outlined in
the Special Event Policy Guide. Fee waivers will not be considered for new events or events taking place during
the Peak Season between Memorial Day and Labor Day. Following approval of a special event, a completed
Special Event Fee Waiver Grant Application is required to be submitted to the C ommunity Resources
Department at least 60 days prior to the event. Following a review to ensure the completeness of the
application, the request will be included on an upcoming meeting of the Commission for its formal review and
determination of grant award.
Fee waivers may be granted when the Commission determines that the event is of significant value to the
community or to a significant portion of its residents. The organization producing the event must meet the
following criteria:
1) An organization that is not delinquent on city permits or fees.
2) The organization and/or event can demonstrate:
a. A community benefit; or
b. A positive economic impact as a result of the event.
Applicants will be requested to demonstrate the following:
• A financial need or other economic justification to be considered for a Fee Waiver Grant ;
• A positive community benefit through the organization or its event by meeting at least two of the
following criteria:
a. The organization and/or event serves, involves, and/or promotes Hermosa Beach, its residents,
schools, and/or businesses;
b. The organization and/or event can demonstrate broad community support and sponsorship;
c. The event appeals to a wide segment of community members;
d. The organization and/or event enhances the quality of life to the Hermosa Beach community;
offering recreational, cultural, social, and or and/or educational activities of interest to the
community;
e. The organization can demonstrate a commitment to supporting the City’s active and healthy
lifestyle as a result of the event; and/or
f. The organization/and or event addresses an unmet community need.
• A positive economic impact as a result of the event by providing the following information:
109
14
a. If the event is consecutive days, data indicating the total number of participants that utilize
overnight lodging in the City of Hermosa Beach; and
b. Data indicating the participants spending in Hermosa Beach during the duration of the event at
any of the businesses in the City of Hermosa Beach.
Additionally, applicants must be able to fully fund their event should they not receive a fee waiver grant and
may not be dependent on the fee waiver grant to determine their ability to hold the event.
Events specifically prohibited from receiving a fee waiver grant include those events that:
• Promote, advocate or advance a political message or belief.
• Projects or organizations who have unsatisfactorily fulfilled its obligations from previous fee waiver grants.
Approval
The five (5) member Commission is tasked with reviewing and determining the level of Specia l Event Fee Waiver
Grant award at one of their regular meetings held on the first Tuesday of each month beginning at 7:00pm.
Consideration will include careful review of:
• Special Event Fee Waiver Grant Application.
• Community Benefit Form
• Economic Impact Report
• Successful fulfillment of previously awarded grant obligations.
The Commission’s decision to deny grant funding for specific events is appealable by the City Council. The City
Council will not consider additional fee waiver considerations in addition to the maximum award amounts
allowable through the Special Event Fee Waiver Grant program.
Obligations
Organization receiving grant funding through the Special Event Fee Waiver Grant program will be required to
complete the following:
• A formal presentation to the Parks, Recreation and Community Resources Advisory Commission at one
of its regular meetings no more than 60-days following the event. The presentation shall include
discussion of:
o Number of attendees.
o Beneficiary of funds raised by the event (if applicable).
o Overview of event budget and financial outlook.
o Overview of the community benefit and/or positive economic impact to the City of Hermosa
Beach.
Disqualification
Failure to complete these requirements in accordance with this policy shall automatically disqualify the
organization from submitting a future request to receive a Special Event Fee Waiver Grant for the remainder of
the current calendar year plus one additional year.
If any information submitted as part of the Special Event Fee Waiver Grant is found to be fraudulent, event
approvals already granted for the remainder of the calendar year will be automatically revoked. While the
organization will be permitted to reapply for approval of event(s) in the following calendar year, it will no longer
be eligible to apply for Special Event Fee Waiver Grants.
Long-term Agreements
The City of Hermosa Beach recognizes the value in hosting a variety of beloved communi ty events that help
create a balanced and enjoyable Special Events Calendar for its residents. To support and develop a long -
term approach to the scheduling of events, eligible events can qualify for a Long -term Agreement (LTA) with
the City for a three-year term.
Eligibility
In order for an organization to be eligible for consideration of a long -term agreement, the event(s) must meet
at least three of the following:
110
15
□ The event(s) must qualify as an Impact Level II or III (per the Impact Worksheet), and at least one of
the following:
o Have a combined estimated total of 5,000 people in attendance; or
o The event must be at least two (2) consecutive days (including setup and teardown).
□ Have held its event in Hermosa Beach for at least three consecutive years
□ The event must be produced by an organization that serves, involves, and/or promotes
Hermosa Beach’s coastal lifestyle, its residents, schools, and/or businesses; and
□ The organization or event producer must be able to demonstrate how its programs (outside of those
provided at the event) provide a positive impact to the City including enhancements to quality of
life to the Hermosa Beach community; or the offering of recreational, cultural, social, and/or
educational activities of interest to the community.
□ The event can demonstrate:
o A community benefit; or
o A positive economic impact as a result of the event.
Applicants will be requested to demonstrate a positive community benefit through the organization or its event
by meeting at least two of the following criteria:
□ The event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or
businesses;
□ The organization and/or event can demonstrate broad community support and sponsorship;
□ The event appeals to a wide segment of community members;
□ The organization and/or event enhances the quality of life to the Hermosa Beach community;
offering recreational, cultural, social, and or and/or educational activiti es of interest to the
community;
□ The organization can demonstrate a commitment to supporting the City’s active and healthy
lifestyle as a result of the event; and/or
□ The organization/and or event addresses an unmet community need.
Applicants will be requested to demonstrate a positive economic impact to the City as a result of the event by
providing the following information:
• If the event is consecutive days, data indicating the total number of participants that utilize
overnight lodging in the City of Hermosa Beach; and
• Data indicating the participants spending in Hermosa Beach during the duration of the event at
any of the businesses in the City of Hermosa Beach.
If quantifiable data is not available, organizations will be required to describe the posit ive economic impact.
Upon request of an organization whose event does not satisfy one or more of the above eligibility criteria,
the City Council may at a regular Council meeting authorize such organization to apply for an LTA where
its event provides a demonstrable or differentiated benefit to the community or a service that the City
would otherwise be unable to provide.
Term Limits
LTA’s shall be for no less than two (2) years but shall not exceed a maximum of three (3) years unless otherwis e
determined by the City Council.
Procedures
The following steps are required to guide the development and implementation of a LTA:
1. Submittal of an LTA Application to the Community Resources Department that addresses how the
organization or event qualifies for each of the eligibility requirements.
2. Review and recommendation for City Council approval by the Parks, Recreation and Community
Resources Advisory Commission.
3. Review and approval by City Council to begin LTA negotiations with Staff.
4. LTA negotiations and development.
5. Presentation of the final LTA to City Council for approval.
111
16
Obligations
Organizations whose event(s) are approved through an LTA are required to provide a formal presentation to
the Commission at one of its regular monthly meetings no more than 60-days prior AND 60-days following its
event(s). The pre-event presentation shall include a general event overview including anticipated number of
attendees; an overview of the event footprint and individualized setup; and its anticipated impact(s) to the
community, etc. The post-event presentation shall include a general overview including the actual number of
attendees; actual impact(s) to the community; and any event struggles and successes, etc.
112
113
Attachment 2: Current Long-term Agreements
Estimated fees are calculated with the fees listed in the Master Fee Schedule effective December 1, 2021 to November 30, 2022
Page 1 of 2
Organization Event Term Annual Fees
Payable to the City
Estimated Annual
Total of Fees Paid
Annual Fees Waived Estimated Annual
Total of Fees Waived
Twin River Management Group AVP –
Hermosa Beach Open
December 8, 2020-
July 12, 2023
Direct Cost(s):
Amplified Sound
Parking (TBD)
City Staff, Resources, and or
Inspections (TBD)
Indirect Cost(s):
Category III x 6 days
Set-up x 6 days
Tear-down x 3 days
$22,093 (plus parking
and City Staff,
Resources, and or
Inspections TBD)
Direct Cost(s):
Application Fee
$616
Best Day Foundation
Beach Day June 14, 2020-
September 10, 2023
None None Direct Cost(s):
Application Fee
$616
The Jewish Community Center Community Chanukah
Celebration
December 14, 2022-
December 18, 2023
Direct Cost(s):
Amplified Sound
$181 Direct Cost(s):
Application Fee
Indirect Cost(s):
Pier Plaza Use
$12,928
Fine Arts Group
of Hermosa Beach
Fine Arts Festival September 24, 2021-
June 11, 2023
None None Direct Cost(s):
Application Fee
Indirect Cost(s):
Category III x 2
Set-up
$7,364
Great Autos of Yesteryear Endless Summer
Classic Car Show
May 7, 2022-
May 6, 2023
None None Direct Cost(s):
Application Fee
Indirect Cost(s):
Pier Plaza Use
$12,928
Friends of the Parks
Pets in the Park,
Movies at the Beach, and
Pumpkins in the Park
September 17, 2021-
October 14, 2023
Direct Cost(s):
Amplified Sound x 3 events
Parking (TBD)
$543 (plus parking TBD) Direct Cost(s):
Application Fee
x 3 events
Indirect Cost(s) –
Movies at the Beach:
Category III
Set-up
$8,874
Hermosa Beach
Education Foundation
Hearts of Hermosa March 1, 2021-
March 26, 2023
Direct Cost(s):
Amplified Sound
City Staff, Resources, and or
Inspections (TBD)
$181 (plus parking and
City Staff, Resources,
and or Inspections TBD)
Direct Cost(s):
Application Fee
Indirect Cost(s):
Category III
Set-up x 2 days
$4,407
114
Attachment 2: Current Long-term Agreements
Estimated fees are calculated with the fees listed in the Master Fee Schedule effective December 1, 2021 to November 30, 2022
Page 2 of 2
Organization Event Term Annual Fees
Payable to the City
Estimated Annual
Total of Fees Paid
Annual Fees Waived Estimated Annual
Total of Fees Waived
Spyder Surfboards Spyder Surf Fest April 24, 2021-
April 22, 2023
Direct Cost(s):
Amplified Sound
Parking (TBD)
$181 (plus parking TBD) Direct Cost(s):
Application Fee
Indirect Cost(s):
Pier Plaza Use
$12,928
International Surf Festival July 28, 2021-
August 7, 2023
None None Direct Cost(s):
Application Fee
Amplified Sound Permit
Parking (TBD)
Indirect Cost(s):
Category III
Set-up
$11,336 (plus parking
TBD)
Shakespeare by the Sea July 13, 2022-
July 13, 2023
None None Direct Cost(s):
Application Fee
Amplified Sound Permit
$797
Estimated Annual
Total of Fees Paid:
$23,179 Estimated Annual
Total of Fees Waived:
$72,794
115
Attachment 9: Long-term Agreement Requests
Page 1 of 2
Organization Event Event
Description
Event Date Requests New or Renewal
Hermosa Beach
Friends of the Parks
Pets in the Park,
Movies at the
Beach, and
Pumpkins in the
Park
Free community
events
Pets in the Park
2024:
May 4;
2025:
May 5; and
2026:
May 2
Movies at the Beach
2024:
Set-up: September 6, Event: September 7 and 14;
2025:
Set-up: September 5, Event: September 6 and 13;
and
2026:
Set-up: Friday, September 11, Event: September
12 and 19
Pumpkins in the Park
2024:
October 19;
2025:
October 11; and
2026:
October 10
Renewal
116
Attachment 9: Long-term Agreement Requests
Page 2 of 2
Organization Event Event
Description
Event Date Requests New or Renewal
Shakespeare by the
Sea
Shakespeare by
the Sea
Two-night
performance of a
live Shakespeare
production
2024: July 10 and July 11
2025: July 9 and July 10; and
2026: July 8 and July 9
Renewal
117
118
119
120
121
122
123
To Whom It May Concern,
Hermosa Beach Friends of the Parks has three annual signature events that have all previously been
approved for Long Term Agreements with the City of Hermosa Beach. The three events are Movies at
the Beach, Pumpkins in the Park & Pets in the Park. All three events have demonstrated success in and
have proven to be of great value to the local Hermosa and South Bay community.
In fact, Friends of the Parks was used as a case study when the city of Hermosa Beach decided to come
up with the LTA process itself. Given the type of organization and type of events - it was determined that
our signature events would meet all of the criteria for entering a long term agreement with the City.
We are submitting a request to renew an LTA for all three signature events (Movies at the Beach,
Pumpkins in the Park & Pets in the Park) for 2024 - 2026. All three events were previously granted LTA
status through 2024.
All three events take place in different places (Valley Park, Edith Rodaway Park & the Beach) in beautiful
Hermosa Beach. All three have occured over a number of years and have demonstrated success with
their event model, attendance and structure.
We look forward to continuing to collaborate with the City of Hermosa Beach and the Parks and
Recreation Department in delivering successful fun community events.
Thanks in advance for your review & consideration.
Sincerely,
Hermosa Beach Friends of the Parks
124
Page 1 of 5
City of Hermosa Beach
Community Resources Department
710 Pier Avenue ● Hermosa Beach, CA 90254
310.318.0280 ● hbconnect@hermosabeach.gov
SPECIAL EVENT LONG-TERM AGREEMENT APPLICATION
The City of Hermosa Beach recognizes the value in hosting a variety of beloved community events that help
create a balanced and enjoyable events calendar for its residents. To support and develop a long -term
approach to the scheduling of events, eligible events can qualify for a long-term agreement (LTA) with the
City.
Eligibility
In order for an organization to be eligible for consideration of a long -term agreement, its event(s) must
satisfactorily meet at least three of the following:
o The organization’s event(s) must qualify as an Impact Level II or III (per the Impact Characteristics
Worksheet found in the Special Events Policy Guide), AND meet at least one of the following:
o Have a combined estimated total of 5,000 people in attendance (participants and
spectators); or
o The event must be at least two (2) consecutive days (including setup and teardown).
□The organization has held its event in Hermosa Beach for at least three consecutive years.
□The event must be produced by an organization that serves, involves, and/or promotes Hermosa
Beach’s coastal lifestyle, its residents, schools, and/or businesses.
□The organization or event producer must be able to demonstrate how its programs (outside of those
provided at the event) provide a positive impact to the City including enhancements to quality of life
to the Hermosa Beach community; or the offering of recreational, cultural, social, and/or educational
activities of interest to the community.
□The event can demonstrate:
o A community benefit; or
o A positive economic impact as a result of the event.
Applicants will be requested to demonstrate a positive community benefit through the organization or its event
by meeting at least two of the following criteria:
□The organization and/or event serves, involves, and/or promotes Hermosa Beach, its residents,
schools, and/or businesses;
□The organization and/or event can demonstrate broad community support and sponsorship;
□The event appeals to a wide segment of community members;
□The organization and/or event enhances the quality of life to the Hermosa Beach community;
offering recreational, cultural, social, and or and/or educational activities of interest to the
community;
□The organization can demonstrate a commitment to supporting the City’s active and healthy
lifestyle as a result of the event; and/or
□The organization/and or event addresses an unmet community need.
Applicants will be requested to demonstrate a positive economic impact as a result of the event by providing
the following information:
•If the event is consecutive days, data indicating the total number of participants that utilize
overnight lodging in the City of Hermosa Beach; and
•Data indicating the participants spending in Hermosa Beach during the duration of the event
at any of the businesses in the City of Hermosa Beach.
x
x
x
x
x
x
x
x
x
x
125
Page 2 of 5
Upon request of an organization whose event does not satisfy one or more of the above eligibility criteria, the
City Council may at a regular Council meeting authorize such organization to apply for an LTA where its event
provides a demonstrable or differentiated benefit to the community or a service that the City would otherwise
be unable to provide.
Procedures for Consideration
The following steps are required to guide the development and implementation of an LTA:
1.Submittal of an LTA Application and corresponding letter to the Community Resources Department
that addresses how the organization or event qualifies for each of the eligibility requirements (as
outlined above).
2.Review and recommendation for City Council approval by the Parks, Recreation and Community
Resources Advisory Commission.
3.Review and approval by the City Council to begin LTA negotiations with Sta ff.
4.LTA negotiations and development.
5.Presentation of the final LTA to the City Council for approval.
126
Page 3 of 5
City of Hermosa Beach
Community Resources Department
710 Pier Avenue ● Hermosa Beach, CA 90254
310.318.0280 ● hbconnect@hermosabeach.gov
SPECIAL EVENT LONG-TERM AGREEMENT APPLICATION
ORGANIZATION INFORMATION
Applicant Name: Birthdate:
Organization Name:
Non-Profit? ☐No ☐Yes Non-Profit I.D. or Tax Exempt #:
If non-profit, please describe who will benefit from funds raised from your event:
Address:
City State Zip
Phone: Cell:
Email Address:
EVENT INFORMATION
Please indicate the number of years your event has been held in Hermosa Beach:
Event location:
Estimated # of Participants (daily): Age of Participants:
Estimated # of Spectators (daily): Total Estimated Attendance:
Please indicate your event level, selecting all that apply:
☐Local
☐Regional
☐National
☐Championship
☐Qualifier
Event Type (please select all that apply):
☐Race (run/walk, bike, etc.)
☐Parade
☐Concert
☐Street Fair/Festival
☐Concert
☐Tournament
☐Fundraiser
☐Swim/Paddle/Surf
☐Other
Shakespeare By The Sea
X 95-4785457
Funds raised support the Program Costs to present this FREE public arts event - actors and program staff wages,
tour costs.
777 Centre Street
San Pedro CA 90731
310217-7596
pad@shakespearebythesea.org
Stephanie Coltrin / Suzanne Dean - Co-Artistic Directors
Valley Park, (Valley & Gould, 2521 Valley Dr, Hermosa Beach, CA
24
375
all ages (4 - 80+)
750-900
x
x
x PUBLIC THEATRE PERFORMANCE
11-10-1964
3104087555
20 years
127
Page 4 of 5
EVENT INFORMATION CONTINUED…
Event Description – briefly describe your event and event activities:
EVENT DATES REQUEST
Please note the requested event dates, including set-up and tear-down dates, for the next three (3) years. Date
requests are not guaranteed.
YEAR ONE EVENT DATE(S):
Set-Up Date(s):
Event Date(s):
Clean-Up Date(s):
YEAR TWO EVENT DATE(S):
Set-Up Date(s):
Event Date(s):
Clean-Up Date(s):
YEAR THREE EVENT DATE(S):
Set-Up Date(s):
Event Date(s):
Clean-Up Date(s):
Please provide a brief explanation detailing a necessity for holding your event during the date(s) listed above:
I certify that the information contained herein is true and correct to the best of my knowledge.
Name/Company Representative
Signature Date
Wed July 10, 2024
Wed July 10, Thurs July 11
Thurs July 11
Wed July 9, 2025
Wed July 8, 2026
Wed July 8, Thurs July 9
July 9
Wed July 9 Thurs July 10
July 10
SBTS only performs in the summer. These are the dates traditionally selected by the City and the Park staff for
this annual event. SBTS is open to selecting other dates in July each summer.
Summer Shakespeare is a ticketless, Admission Free public theatre event for general audiences of all ages. Local
residents and their friends and families attend for the community engagement and a professional classical theatre
experience delivered in an open-air park setting. Children and adults have the ability to interact with the theatre
artists from beginning to end. Volunteer opportunities are open to Community members to participate in front of
house activities - passing our programs, selling concessions. The SBTS team arrives the day of the event, assembles
the set, lights and sound system, performs a full length Shakespeare play, then disassembles and packs up at the
end of the evening. Two different plays are produced each summer. SBTS has been bringing the program to the
Hermosa Beach community since 2001.
Suzanne Dean / Stephanie Coltrin, Co-Artistic Directors
3/7/2023
128
Page 5 of 5
129
STEPHANIE COLTRIN
Artistic Director
stephanie@shakespearebythesea.org
SUZANNE DEAN
Artistic Director
suzanne@shakespearebythesea.org
SONJA INGE
Administrative Assistant
sonja@shakespearebythesea.org
KIRA SHIRMAN
Tour Manager
info@shakespearebythesea.org
Board of Directors
MADELEINE DRAKE
Board President
Real Estate Broker
JEWELL JONES
Board Vice President
Real Estate Broker
LISA COFFI
Board Secretary / Treasurer
Founder SBTS / Retired
DENCY NELSON
Community Advocate/Directors
Guild of America – Retired
KYLE STEPHENS
Northrop Grumman
JASNA PENICH
Malaga Bank
RAY WOLFE
Consultant, GMAC
OUR MISSION:
To create theatrical experiences for
audiences in culturally diverse
communities to make theatre
accessible to all.
To provide theatre presentations
that incorporate community values
and ideas into a timeless and
dynamic theatrical experience.
To ignite imagination, promote
literacy, and encourage artistic
expression, while offering a venue
for technical and performing artists
to exercise their passion.
Non Profit ID:
95-4785457
March 7, 2023
City of Hermosa Beach
Community Resources Department
710 Pier Avenue
Hermosa Beach, CA 90254
Dear Community Resources Dept,
Help us set the stage for FREE Shakespeare by the Sea in Hermosa Beach each summer!
Since 2001, Shakespeare by the Sea has been bringing ADMISSION FREE family friendly
Shakespeare productions to the residents of Hermosa Beach. Each summer, our Artists and
theatre professionals arrive at Valley Park in Hermosa Beach with professional stagings of
two classic Shakespearean plays - one comedy and one drama - ready to inspire community,
engage with language, and thrill with timeless stories of the human condition.
SBTS is dedicated to making the classics accessible to as many people as possible.
Admission to a SBTS performance is open, accessible,and un-ticketed in order to reach
the broadest demographic, enriching neighborhoods with summer entertainment for all.
The SBTS program encourages audiences and participants to immerse themselves in unique
perspectives, unexpected moments, and open-hearted communication. Attendees and artists
appreciate the sense of community that comes from this shared arts experience.
We ask that the City of Hermosa Beach continue supporting Admission Free Summer
Shakespeare performances at Valley Park for summer 2024, 2025, 2026.
Take pride in knowing that you are supporting a much beloved annual event for the people of Hermosa
Beach. Summer Shakespeare has been enhancing the quality of life of local families with arts
entertainment and SBTS has broad community support. An estimated 750-800 people attend
Admission Free Shakespeare at Valley Park each summer.The impact goes beyond the event itself.
Children who have grown up with SBTS in their community have become Arts creators themselves and
often supporters of the Arts.
Your partnership will ensure we can continue to bring free arts programming to residents and
visitors to the area.
If you have any questions or need more information, please contact us at 310.217-7596.
Sincerely,
Suzanne Dean
Co-Artistic Director
130
TENTATIVE
2024 SPECIAL EVENTS
CALENDAR
City of Hermosa Beach
Community Resources Department
710 Pier Avenue, Hermosa Beach, CA 90254
(310) 318-0280
hbconnect@hermosabeach.gov
131
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
January 2024 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
132
Sun Mon Tue Wed Thu Fri Sat
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
February 2024 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
133
March 2024 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
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
Hearts of Hermosa
Community Center
(Load-in)
Impact Level III
30
Hearts of Hermosa
Community Center
Impact Level III
31
Hearts of Hermosa
Community Center
(Load-out)
Impact Level III
134
April 2024 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
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
Spyder Surf Fest
Pier Plaza
Impact Level III
28 29 30
135
May 2024 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4
Classic Car Show
Schumacher Plaza &
Pier Plaza
Impact Level II
Pets in the Park
Valley Park
Impact Level II
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
136
June 2024 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1
2 3 4 5 6 7
Fine Arts Festival
Community Center Lawn
(Load-in)
Impact Level III
8
Fine Arts Festival
Community Center Lawn
Impact Level III
9
Fine Arts Festival
Community Center Lawn
Impact Level III
10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25
26
27
28
29
30
137
Sun Mon Tue Wed Thu Fri Sat
1
2
3 4
5 6
7 8 9 10
Shakespeare by the Sea
Valley Park
Impact Level I
11
Shakespeare by the Sea
Valley Park
Impact Level I
12 13
14 15 16 17 18 19 20
21 22
23 24 25
26
27
28
29
30
31
International
Surf Festival
North & South of Pier
(Load-in)
Impact Level III
July 2024 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
138
August 2024 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1
International
Surf Festival
North & South of Pier
(Load-in)
Impact Level III
2
International
Surf Festival
North & South of Pier
Impact Level III
3
International
Surf Festival
North & South of Pier &
North Volleyball Courts (CBVA)
Impact Level III
4
International
Surf Festival
North & South of Pier
Impact Level III
5
International
Surf Festival
North & South of Pier
(Load-out)
Impact Level III
6 7 8 9
Triathlon
Downtown
(Load-in)
Impact Level III
10
Triathlon
Downtown
(Load-in)
Impact Level III
11
Triathlon
Downtown
Impact Level III
12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
139
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6
Movies at the Beach
South of Pier
(Load-in)
Impact Level III
7
Movies at the Beach
South of Pier
Impact Level III
8 9
10 11 12 13 14
Movies at the Beach
South of Pier
Impact Level III
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
September 2024 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
140
October 2024 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
Pumpkins in the Park
Edith Rodaway Park
Impact Level II
20
Skechers Pier to Pier
Friendship Walk
Strand (North of Pier) &
Pier Plaza
Impact Level III
21 22 23 24 25 26
27 28 29 30 31
141
Sun Mon Tue Wed Thu Fri Sat
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
November 2024 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
142
December 2024 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 7
8 9 10 11 12 13 14
California Great
Santa Stroll
Strand North of Pier &
Pier Plaza
Impact Level III
15 16 17 18 19 20 21
22 23
24 25 26 27 28
29
*Community
Chanukah Celebration*
Pier Plaza &
Greenwood Park
Impact Level II
30 31
*Menorah installation at Greenwood Park is Monday, December 23 2024, and the Menorah is removed Friday, January 3, 2025 143
TENTATIVE
2025 SPECIAL EVENTS
CALENDAR
City of Hermosa Beach
Community Resources Department
710 Pier Avenue, Hermosa Beach, CA 90254
(310) 318-0280
hbconnect@hermosabeach.gov
144
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
January 2025 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
145
Sun Mon Tue Wed Thu Fri Sat
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
February 2025 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
146
Sun Mon Tue Wed Thu Fri Sat
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
Hearts of Hermosa
Community Center
(Load-in)
Impact Level III
29
Hearts of Hermosa
Community Center
Impact Level III
30
Hearts of Hermosa
Community Center
(Load-out)
Impact Level III
31
March 2025 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
147
Sun Mon Tue Wed Thu Fri Sat
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
Spyder Surf Fest
Pier Plaza
Impact Level III
27 28 29 30
April 2025 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
148
Sun Mon Tue Wed Thu Fri Sat
1 2 3
Classic Car Show
Schumacher Plaza &
Pier Plaza
Impact Level II
Pets in the Park
Valley Park
Impact Level II
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
May 2025 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
149
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6
Fine Arts Festival
Community Center Lawn
(Load-in)
Impact Level III
7
Fine Arts Festival
Community Center Lawn
Impact Level III
8
Fine Arts Festival
Community Center Lawn
Impact Level III
9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24
25
26
27
28
29
30
June 2025 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
150
Sun Mon Tue Wed Thu Fri Sat
1
2
3
4 5
6
7
8
9
Shakespeare by the Sea
Valley Park
Impact Level I
10
Shakespeare by the Sea
Valley Park
Impact Level I
11
12
13
14
15 16 17 18 19
20 21 22 23 24
25
26
27
28
29
30 International
Surf Festival
North & South of Pier
(Load-in)
Impact Level III
31 International
Surf Festival
North & South of Pier
(Load-in)
Impact Level III
July 2025
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
151
Sun Mon Tue Wed Thu Fri Sat
1
International
Surf Festival
North & South of Pier
Impact Level III
2
International
Surf Festival
North & South of Pier &
North Volleyball Courts
(CBVA)
Impact Level III
3
International
Surf Festival
North & South of Pier
Impact Level III
4
International
Surf Festival
North & South of Pier
(Load-out)
Impact Level III
5 6 7 8
Triathlon
Downtown
(Load-in)
Impact Level III
9
Triathlon
Downtown
(Load-in)
Impact Level III
10
Triathlon
Downtown
Impact Level III
11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
August 2025 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
152
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5
Movies at the Beach
South of Pier
(Load-in)
Impact Level III
6
Movies at the Beach
South of Pier
Impact Level III
7 8 9 10 11 12 13
Movies at the Beach
South of Pier
Impact Level III
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
September 2025 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
153
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4
5 6 7 8 9 10 11
Pumpkins in the Park
Edith Rodaway Park
Impact Level II
12 13 14 15 16 17 18
19
Skechers Pier to Pier
Friendship Walk
Strand (North of Pier) &
Pier Plaza
Impact Level III
20 21 22 23 24 25
26 27 28 29 30 31
October 2025 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
154
Sun Mon Tue Wed Thu Fri Sat
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30
November 2025 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
155
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6
7 8 9 10 11 12 13
California Great
Santa Stroll
Strand North of Pier &
Pier Plaza
Impact Level III
14
Community
Chanukah Celebration*
Pier Plaza &
Greenwood Park
Impact Level II
15 16 17 18 19 20
21
22 23 24 25 26 27
28 29 30 31
December 2025 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
*Menorah installation at Greenwood Park is Wednesday, December 10, and the Menorah is removed Tuesday, December 23 , 2025. 156
TENTATIVE
2026 SPECIAL EVENTS
CALENDAR
City of Hermosa Beach
Community Resources Department
710 Pier Avenue, Hermosa Beach, CA 90254
(310) 318-0280
hbconnect@hermosabeach.gov
157
Sun Mon Tue Wed Thu Fri Sat
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
January 2026 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
158
Sun Mon Tue Wed Thu Fri Sat
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
February 2026 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
159
Sun Mon Tue Wed Thu Fri Sat
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
Hearts of Hermosa
Community Center
(Load-in)
Impact Level III
28
Hearts of Hermosa
Community Center
Impact Level III
29
Hearts of Hermosa
Community Center
(Load-out)
Impact Level III
30 31
March 2026 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
160
Sun Mon Tue Wed Thu Fri Sat
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
Spyder Surf Fest
Pier Plaza
Impact Level III
26 27 28 29 30
April 2026 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
161
Sun Mon Tue Wed Thu Fri Sat
1 2
Classic Car Show
Schumacher Plaza &
Pier Plaza
Impact Level II
Pets in the Park
Valley Park
Impact Level II
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
May 2026 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
162
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6
7 8 9 10 11 12
Fine Arts Festival
Community Center Lawn
(Load-in)
Impact Level III
13
Fine Arts Festival
Community Center Lawn
Impact Level III
14
Fine Arts Festival
Community Center Lawn
Impact Level III
15 16 17 18 19 20
21 22 23 24 25 26 27
28
29
30
June 2026 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
163
July 2026
Sun Mon Tue Wed Thu Fri Sat
1
2
3
4
5
6
7
8
Shakespeare by the Sea
Valley Park
Impact Level I
9
Shakespeare by the Sea
Valley Park
Impact Level I
10 11
12
13 14 15
16 17 18
19 20
21
22
23
24
25
26
27
28
29 International
Surf Festival
North & South of Pier
(Load-in)
Impact Level III
30 International
Surf Festival
North & South of Pier
(Load-in)
Impact Level III
31 International
Surf Festival
North & South of Pier
Impact Level III
Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
164
Sun Mon Tue Wed Thu Fri Sat
1
International
Surf Festival
North & South of Pier &
North Volleyball Courts
(CBVA)
Impact Level III
2
International
Surf Festival
North & South of Pier
Impact Level III
3
International
Surf Festival
North & South of Pier
(Load-out)
Impact Level III
4 5 6 7
Triathlon
Downtown
(Load-in)
Impact Level III
8
Triathlon
Downtown
(Load-in)
Impact Level III
9
Triathlon
Downtown
Impact Level III
10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
August 2026 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
165
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5
6 7 8 9 10 11
Movies at the Beach
South of Pier
(Load-in)
Impact Level III
12
Movies at the Beach
South of Pier
Impact Level III
13 14 15 16 17 18 19
Movies at the Beach
South of Pier
Impact Level III
20 21 22 23 24 25 26
27 28 29 30
September 2026 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
166
Sun Mon Tue Wed Thu Fri Sat
1 2 3
4 5 6 7 8 9 10
Pumpkins in the Park
Edith Rodaway Park
Impact Level II
11 12 13 14 15 16 17
18
Skechers Pier to Pier
Friendship Walk
Strand (North of Pier) &
Pier Plaza
Impact Level III
19 20 21 22 23 24
25
26 27 28 29 30 31
October 2026 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
167
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
November 2026 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
168
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5
6
Community
Chanukah Celebration*
Pier Plaza &
Greenwood Park
Impact Level II
7 8 9 10 11 12
California Great
Santa Stroll
Strand North of Pier &
Pier Plaza
Impact Level III
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
December 2026 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
*Menorah installation at Greenwood Park is Wednesday, December 2 and the Menorah is removed Monday, December 14, 2025. 169
TENTATIVE
2023 SPECIAL EVENTS
CALENDAR
City of Hermosa Beach
Community Resources Department
710 Pier Avenue, Hermosa Beach, CA 90254
(310) 318-0280
hbconnect@hermosabeach.gov
170
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
17 18 19 20
21
SCVA Winter Series
North Volleyball Courts
22 23
24
25
26
27
28
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
Sidewalk Sale
Hermosa Avenue, Pier Avenue &
Pier Plaza
Impact Level II
29
Sidewalk Sale
Hermosa Avenue, Pier
Avenue & Pier Plaza
Impact Level II
30
31
January 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
171
Sun Mon Tue Wed Thu Fri Sat
1 2
3 4
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
5 6 7 8 9 10 11
SCVA Winter Series
North Volleyball Courts
12 13 14 15 16
17 18
19 20 21 22 23 24 25
26
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
27 28
February 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
172
Sun Mon Tue Wed Thu Fri Sat
1 2
Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
3
Beach Tennis
Tournaments
Beach Tennis Courts
4 HBLL Opening Day
Clark Field
Impact Level II
Beach Tennis
Tournaments
Beach Tennis Courts
5 Beach Tennis
Tournaments
Beach Tennis Courts
6 RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
7 8 9 10 11 St. Patrick’s Day
Parade
Downtown
Impact Level III
12
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
13 14 15 16 17 18 State of the Art
Cypress Ave. & 6th St.
19 20 21
22 23
RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
24 Hearts of Hermosa
Community Center
(load-in)
Impact Level III
RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
25 Hearts of Hermosa
Community Center
Impact Level III
SoCal Beach Foundation
North Volleyball Courts
26 Hearts of Hermosa
Community Center
(load-out)
Impact Level III
CBVA
North Volleyball Courts
27 28 29
RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
30
31
March 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
173
Sun Mon Tue Wed Thu Fri Sat
1 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
2 3
RUHS Girls Beach
Volleyball Matches
North
Volleyball Courts
4
RUHS Girls Beach
Volleyball Matches
North
Volleyball Courts
5
RUHS Girls Beach
Volleyball Matches
North
Volleyball Courts
6
RUHS Girls Beach
Volleyball Matches
North
Volleyball Courts
7 8 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
You Are Enough 5K
Strand (North of Pier) &
Schumacher Plaza
9 Easter Sunrise Mass
South of Pier
10 11 12 13 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
14 Beach Tennis
Tournaments
Beach Tennis Courts
15 Beach Tennis Tournaments
Beach Tennis Courts
CBVA
North Volleyball Courts
16 Beach Tennis
Tournaments
Beach Tennis Courts
17 18 19 20 21
Surfers Walk of Fame
Kick-off Party
Community Theatre
impact Level II
22
Surfer’s Walk of Fame
Spyder Surf Fest
Pier Plaza
Impact Level III
23
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
Waterman's South Bay
Surf Series Contest
South of Pier
24 25 26 27 28 29
Dolphin Dash
Strand (North of Pier) &
Schumacher Plaza
30
April 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
174
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 Endless Summer
Classic Car Show
Schumacher Plaza &
Pier Plaza
Impact Level II
7 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
8 9 10 11 12 13
SoCal Beach Foundation
North Volleyball Courts
Night at the Ballpark
Clark Field
Impact Level II
14 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
15 16 17 18 19 20
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
21
CBVA
North Volleyball Courts
22 23 24 25 26 Fiesta Hermosa
Downtown
(Load-in)
Impact Level III
27 Fiesta Hermosa
Downtown
Impact Level III
CBVA
Volleyball Tournament
North Volleyball Courts
28 Fiesta Hermosa
Downtown
Impact Level III
CBVA
Volleyball Tournament
North Volleyball Courts
29 Fiesta Hermosa
Downtown
Impact Level III
CBVA
Volleyball Tournament
North Volleyball Courts
30 31
May 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
175
Sun Mon Tue Wed Thu Fri Sat
1 2 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
3 Beach Tennis
Tournaments
Beach Tennis Courts
South Bay Paddle
South of Pier
4 Beach Tennis
Tournaments
Beach Tennis Courts
5 6 7 8 9 Fine Arts Festival
Community Center Lawn
(Load-in)
Impact Level III
10 Fine Arts Festival
Community Center Lawn
Impact Level III
SCVA Spring
Championships Tournament
North Volleyball Courts
11 Fine Arts Festival
Community Center Lawn
Impact Level III
12
13 14 15 16 17
18 19
USAV Beach Trials
North Volleyball Courts
20
USAV Beach Trials
North Volleyball Courts
21
USAV Beach Trials
North Volleyball Courts
22
USAV Beach Trials
North Volleyball Courts
23 24
Nothing Weekend
25
Nothing Weekend
26 27 28 AVP
North & South
Volleyball Courts
& Beach Tennis Courts
(Load-in:
North & South)
Impact Level III
29 AVP
North & South
Volleyball Courts
& Beach Tennis Courts
(Load-in:
North & South)
Impact Level III
30 AVP
North & South
Volleyball Courts
& Beach Tennis Courts
(Load-in:
North & South)
Impact Level III
June 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
176
Sun Mon Tue Wed Thu Fri Sat
1 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in:
North & South)
Impact Level III
2 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in:
North & South)
Impact Level III
3 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in:
North & South)
Impact Level III
4 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in:
North & South)
Impact Level III
5 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in: North &
Jr. Event: South)
Impact Level III
6 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in: North &
Jr. Event: South)
Impact Level III
7 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Pro Event: North &
Jr. Event: South)
Impact Level III
8 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Pro Event: North &
Jr. Event: South)
Impact Level III
9 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Pro Event: North &
Jr. Event: South)
Impact Level III
10 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-out: North &
Jr. Event: South)
Impact Level III
11 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-out: North &
Jr. Event: South)
Impact Level III
12 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-out: North & South)
Impact Level III
Shakespeare by the Sea
Valley Park
Impact Level I
13 JVA & BVCA
National Championships
North & South
Volleyball Courts
(Load-in)
Shakespeare by the Sea
Valley Park
Impact Level I
14 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
15 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
16 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Hermosa Beach
Little League Closing Day
Clark Field
17 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
18 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
19 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in)
20 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
21 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
22 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
23 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
24 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
25 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
26 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-out)
27 28 29
SmackFest
South Volleyball Courts
30 31
July 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
177
Sun Mon Tue Wed Thu Fri Sat
1 2 International
Surf Festival
North & South of Pier
(Load-in)
Impact Level III
3 International
Surf Festival
North & South of Pier
(Load-in)
Impact Level III
4 International
Surf Festival
North & South of Pier
Impact Level III
5 International
Surf Festival
North & South of Pier &
North Volleyball Courts (CBVA)
Impact Level III
Sidewalk Sale
Hermosa Avenue, Pier Avenue &
Pier Plaza
Impact Level III
6 International
Surf Festival
North & South of Pier
Impact Level III
Sidewalk Sale
Hermosa Avenue, Pier
Avenue & Pier Plaza
Impact Level III
7 International
Surf Festival
North & South of Pier
(Load-out)
Impact Level III
8 9 10 11 Triathlon
Downtown
(Load-in)
12 Triathlon
Downtown
(Load-in)
Glow Ride for Cystic Fibrosis
Strand (North of Pier)
13 Triathlon
Downtown
CBVA
North Volleyball Courts
14 15 16 17 18 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
19 Beach Tennis
Tournaments
Beach Tennis Courts
20 Beach Tennis
Tournaments
Beach Tennis Courts
21 22 23 24 25 26
Nothing Weekend
27
Nothing Weekend
28 29 30 31
August 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
178
September 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1
End of Summer
Beach Concerts
South of Pier
(Load-in)
PENDING
2
CBVA
Volleyball Tournament
North Volleyball Courts
Movies at the Beach
South of Pier
(Using Concerts Infrastructure)
Impact Level III
3
CBVA
Volleyball Tournament
North Volleyball Courts
End of Summer
Beach Concerts
South of Pier
PENDING
4
End of Summer
Beach Concerts
South of Pier
(Event Infrastructure Only)
PENDING
5
End of Summer
Beach Concerts
South of Pier
(Event Infrastructure Only)
PENDING
6
End of Summer
Beach Concerts
South of Pier
(Event Infrastructure Only)
PENDING
7
End of Summer
Beach Concerts
South of Pier
(Event Infrastructure Only)
PENDING
8
End of Summer
Beach Concerts
South of Pier
(Event Infrastructure Only)
PENDING
9
Movies at the Beach
South of Pier
(Using Concerts Infrastructure)
Impact Level III
10
End of Summer
Beach Concerts
South of Pier
PENDING
11
End of Summer
Beach Concerts
South of Pier
(Load-out)
PENDING
12 13 14 15 16 Coastal
Cleanup Day
Schumacher Plaza,
North & South of Pier
Impact Level I
Hermosa Harmony Festival
South of the Pier
17
18 19 20 21 22 Movies at the Beach
South of Pier
(Load-in)
Impact Level III
23 Movies at the Beach
South of Pier
Impact Level III
24 25 26 27 28 29 30 AAU Southern Pacific
Gr& Prix Series
North Volleyball Courts
Locale 90254
Hermosa Avenue, & Lot A
Impact Level III
179
Sun Mon Tue Wed Thu Fri Sat
1 Locale 90254
Hermosa Avenue, & Lot A
Impact Level III
2 3 4 5 6 7
AAU Southern Pacific
Gr& Prix Series
North Volleyball Courts
Walk for Alzheimer’s
Str& (North of Pier) &
Pier Plaza
8 9 10 11 12 13 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
Community Movie Night
Community Center
Impact Level I
14 Pumpkins in the Park
Edith Rodway Park
Impact Level II
Beach Tennis
Tournaments
Beach Tennis Courts
15 Beach Tennis
Tournaments
Beach Tennis Courts
16 17 18 19 20 21
Volley4Sound
North Volleyball Courts
22 23 24 25 26 27 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
28 Beach Tennis
Tournament
Beach Tennis Courts
29 Skechers Pier to Pier
Friendship Walk
Str& (North of Pier) &
Pier Plaza
Beach Tennis
Tournaments
Beach Tennis Courts
30 31
October 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
180
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4
Sandy Sauté
North of the Pier
5 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
6 7 8 9 10 11 Veterans Day
Wreath Laying
Ceremony
Community Center
East Lawn
Impact Level II
12 13 14 15 16 17 Hermosa for the Holidays
Downtown
(Load-in)
Impact Level III
Community Movie Night
Community Center
Impact Level I
18 Hermosa for the Holidays
Downtown
Impact Level III
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
19 Hermosa for the Holidays
Downtown
Impact Level III
20
Hermosa for the Holidays
Downtown
(Load-out)
Impact Level III
21 22 23 24 25
26 27 28 29 30
November 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
181
Sun Mon Tue Wed Thu Fri Sat
1 2 Sand Snowman
Contest
North of Pier
Impact Level I
3 4 5 6 7 8 9 California Great
Santa Stroll
Strand (North of Pier) &
Pier Plaza
10 Community
Chanukah Celebration
Pier Plaza &
Greenwood Park
Impact Level II
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
27
28
29
30
31
December 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
182
Off-Season Monthly Events
(Labor Day – Memorial Day) # of Special Event Days # of Days Available
(out of 15)
January 4 11
February 3 12
March 13 2
April 15 1
May (through May 28) 9 6
September (from September 5) 11 8
October 9 7
November 7 8
December 4 11
Peak Season (Memorial Day: May 29, 2023– Labor Day: September 4, 2023) # of Special Event Days on the Beach/Str&/Pier Plaza
Level I & II Event Days
(not on Level III Event Days)
& City Sponsored/Contracted
(not on Level III, II or I Event Days)
(Maximum of 25)
Level III Event Days
(Maximum of 45)
Total # of Event Days
(out of 70 total)
12 43 55
Peak Season Event Limits:
To balance coastal access with events, events on the Beach, Str& & Pier Plaza will be limited to the following number of even ts during the
peak summer season (Memorial Day to Labor Day – approximately 100 days over the summer):
o Maximum of 45 days used by Level III Events
o Maximum of 25 days used by Level I & II Events, & City Sponsored/Contracted Events (on days not used by Level III Events)
City Sponsored or City Contracted Events, & Long -term Agreement Events are categorized by their Impact Level
183
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0356
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
ACTION MINUTES OF THE CIVIL SERVICE BOARD
MEETING OF APRIL 19, 2023
(Human Resources Manager Vanessa Godinez)
Recommended Action:
Staff recommends City Council receive and file the action minutes of the Civil Service Board meeting
of April 19, 2023.
Attachments:
1.Action Minutes of the April 19, 2023 Civil Service Board Meeting
Respectfully Submitted by: Vanessa Godinez, Human Resources Manager
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Printed on 6/8/2023Page 1 of 1
powered by Legistar™184
City of Hermosa Beach
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Regular Meeting Minutes
Wednesday, April 19, 2023
5:00 PM
Civil Service Board
Chairperson
Douglas Collins
Board Members
Lynda Castro
Robert Wolfe
Vanessa Zimmer
Kate Jones
Human Resources Manager
Vanessa Godinez
185
MINUTES OF THE REGULAR MEETING OF THE CIVIL SERVICE BOARD HELD ON
APRIL 19, 2023
1. CALL TO ORDER
The City of Hermosa Beach Civil Service Board Regular Meeting met in-person on Wednesday,
April 19, 2023. The meeting was called to order by Chairperson Collins at 5:00 p.m.
2. ROLL CALL
Present: Chairperson Collins, Board Members Castro and Jones
Excused: Board Members Wolfe and Zimmer
Staff Present: Vanessa Godinez, Human Resources Manager and Reanna Guzman, Deputy City
Clerk
3. PUBLIC COMMENT
No public comment to report.
4. RECESS TO CLOSED SESSION
The Civil Service Board recessed to Closed Session at 5:02pm.
5. RETURN TO OPEN SESSION
The Civil Service Board recessed to Open Session at 5:10pm.
6. REQUEST TO APPROVE MINUTES FOR THE REGULAR MEETING OF FEBRUARY 15, 2023
A motion was made by Board Member Castro, seconded by Board Member Jones, to approve
the meeting minutes of February 15, 2023.
AYES: Chairperson Collins, Board Members Castro and Jones
NOES: None
ABSENT: Commissioner Wolfe and Zimmer
7. REQUEST TO APPROVE ADJOURNMENT OF THE MEETING
A motion was made by Board Member Castro, seconded by Board Member Jones, to adjourn
the April 19, 2023 meeting at 5:11pm.
AYES: Chairperson Collins, Board Members Castro and Jones
NOES: None
ABSENT: Commissioner Wolfe and Zimmer
186
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0341
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
APPROVAL OF A REQUEST TO ESTABLISH A CLASS SPECIFICATION FOR RECREATION
SPECIALIST, ESTABLISH THE POSITION IN THE GENERAL AND SUPERVISORY EMPLOYEES’
BARGAINING UNIT, CALIFORNIA TEAMSTERS LOCAL 911, AND ESTABLISH A SALARY
RANGE
(Human Resources Manager Vanessa Godinez)
Recommended Action:
Staff recommends City Council:
1.Approve the establishment of a class specification for Recreation Specialist;
2.Approve the establishment of the position in the General and Supervisory Employees
Bargaining Unit, Teamsters 911; and
3.Approve the establishment of the five-step salary range for this position as $3,359 to $4,083
per month as proposed in the FY 2023-24 budget.
Executive Summary:
If the creation of a full-time Recreation Specialist position is approved by the adoption of the FY 2023
-24 budget this evening,the City would immediately begin the recruitment and selection process.To
do so, establishment of a class specification, bargaining unit, and salary range is required.
Background:
At its June 6,2023 meeting,the Hermosa Beach Civil Service Board approved the class specification
(Attachment 1) and bargaining unit for the Recreation Specialist position.
Past Board, Commission and Council Actions
Meeting Date Description
June 6, 2023 Civil Service Board approval of the class specification and
bargaining unit for the Recreation Specialist position
Discussion:
The Community Resources Department currently has two part-time Recreation Specialist positions
that support office operations,facility management,event programming,registration assistance,
City of Hermosa Beach Printed on 6/8/2023Page 1 of 2
powered by Legistar™187
Staff Report
REPORT 23-0341
that support office operations,facility management,event programming,registration assistance,
report writing,etc.As part-time positions,the incumbents are currently limited to working under 1,000
hours per fiscal year.Due to the critical nature of the position duties,staff requests the replacement
of the two part-time positions with one full-time position in the FY 2023-24 budget.
If the creation of one full-time Recreation Specialist position is approved by the adoption of the FY
2023-24 budget,the City would immediately begin the recruitment and selection process.To do so,
establishment of a class specification, bargaining unit, and salary range is required.
Under the direct supervision of the Recreation Coordinator(s),the Recreation Specialist would work
cooperatively with the Office Assistant and part-time staff to provide a variety of recreational services
to the public;assist in the implementation of program goals and objectives;provide administrative
and technical assistance for the delivery of recreation services and programs;and provide
information and assistance to customers.
To finalize the establishment of the Recreation Specialist position,staff requests City Council
approval of the proposed class specification, bargaining unit, and salary range.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s
General Plan. Relevant Policies are listed below:
Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.
Policy:
·1.2: Strategic planning.Regularly discuss and set priorities at the City Council and
management level to prioritize work programs and staffing needs.
Fiscal Impact:
The estimated salary and benefit costs of $65,372 for the Recreation Specialist position are included
in the preliminary FY 2023-24 Budget on the current City Council Agenda.
Attachments:
1. Recreation Specialist-Class Specification
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 6/8/2023Page 2 of 2
powered by Legistar™188
CITY OF HERMOSA BEACH
Class Specification
RECREATION SPECIALIST
DEFINITION
Under the direct supervision of the Recreation Coordinator(s), the Recreation
Specialist shall work cooperatively with the Office Assistant and part-time staff to
provide a variety of recreational services to the public; assist in the
implementation of program goals and objectives; provide administrative and
technical assistance to the delivery of recreation services and programs; and
provide information and assistance to customers.
EXAMPLES OF DUTIES
Duties include, but are not limited to:
Assist in the development and implementation of a variety of recreation programs
and events.
Assist in the development, implementation, and enforcement of department
policies and procedures.
Monitor the use of city facilities, equipment, and supplies.
Monitor the Community Resources Department’s general email account and
respond professionally to emails as needed.
Process class registrations, memberships, and facility reservations using recreation
software.
Create various reports, visual diagrams, and written instructions for a variety
of department programs and activities.
Create and post signage, such as reservation signs and no parking signs, for
various city facilities.
Submit, track, and follow up on work orders.
Have proficiency in completing a variety of general administrative duties.
QUALIFICATION GUIDELINES
189
Knowledge, Skills, & Abilities: Ability to provide exceptional customer service and
respond to public inquiries and complaints in an effective and tactful manner;
ability to communicate professionally both orally and in writing; ability to manage
time and prioritize workload; ability to work well under pressure in a busy
environment with constant disruptions and distractions; ability to work
cooperatively in a team environment. Ability to solve problems while making
sound judgments; the ability to interpret and explain pertinent department
policies and procedures; ability to direct and provide guidance to facility users
and assist as needed.
Education and Experience: Any combination of training and experience which
would provide the required knowledge and abilities is qualifying. A typical way to
obtain this required knowledge would be:
Educational achievement equivalent to graduation from high school and some
college-level coursework in recreation or a related field.
Previous experience working in a busy office environment that includes frequent
interactions with customers or the general public. Experience in a recreational
setting or similar field is preferred.
Licenses/Certificates: Possession of a valid Class C California Driver’s License with
a safe driving record is required and must be maintained as valid during the
course of employment.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable
accommodation may be made to enable individuals with disabilities to perform
the essential job functions.
Environment: Work is performed in a standard office environment and at indoor
and outdoor recreational facilities; travel to different locations; incumbents may
be exposed to inclement weather conditions; work and/or walk on various types
of surfaces including slippery or uneven surfaces; incumbents may be required to
work extended hours including evenings and weekends.
Physical: Primary functions require sufficient physical ability and mobility to work
in an office recreation facility setting; to lift, carry, push, and/or pull light to
moderate amounts of weight; to operate office equipment requiring repetitive
hand movement and fine coordination including use of a computer keyboard;
to travel to other locations using various modes of private and commercial
190
transportation; and to verbally communicate to exchange information. Some
program assignments may involve swimming, running, or other physical activities.
Vision: See in the normal visual range with or without correction.
Hearing: Hear in the normal audio range with or without correction.
Approved by the Civil Service Board:
Approved by the City Council:
191
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0343
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
APPROVAL OF A REQUEST TO RECLASSIFY THE SENIOR
PLANNER POSITION IN THE COMMUNITY DEVELOPMENT
DEPARTMENT TO PLANNING MANAGER; REVISE THE
PLANNING MANAGER CLASS SPECIFICATION;
RE-ESTABLISH THE PLANNING MANAGER BARGAINING
UNIT ASTHE PROFESSIONAL AND ADMINISTRATIVE
EMPLOYEE GROUP; AND APPROVE THE FIVE-STEP
SALARY RANGE
(Human Resources Manager Vanessa Godinez)
Recommended Action:
Staff recommends City Council:
1.Approve a request to reclassify the Senior Planner position in the Community Development
Department to Planning Manager;
2.Approve the revised class specification for the position of Planning Manager (Attachment 2);
3.Approve the reestablishment of the position in the Professional and Administrative Employee
Bargaining Group; and
4.Approve the establishment of the five-step salary range for this position as $11,803 to $14,407
per month.
Executive Summary:
The budgeted position of Senior Planner in the Community Development Department was recently
vacated and subsequently evaluated for organizational suitability.Upon completing the organizational
review,a reclassification of the position to Planning Manager is recommended to align qualifications
with the duties and responsibilities of the position and needs of the Community Development
Department.
Background:
The FY 2022-23 budget includes the authorization for one Senior Planner position in the Community
Development Department.In April 2023,the position was vacated.The recently vacated position was
previously assigned duties related to managing complex projects and providing assistance to junior
staff.The Community Development Department is in need of a Planning Manager to provide
City of Hermosa Beach Printed on 6/8/2023Page 1 of 3
powered by Legistar™192
Staff Report
REPORT 23-0343
staff.The Community Development Department is in need of a Planning Manager to provide
oversight of day-to-day planning-related operations and manage complex projects such as the
Housing Element Update and Zoning Code Update.The class specification for the Planning Manager
was revised to meet the needs of the Community Development Department.The revised class
specification was reviewed and approved by the Professional and Administrative Employee Group.
At its June 6,2023 meeting,the Hermosa Beach Civil Service Board approved the revised class
specification and bargaining unit for the position.Included with the staff report is the redlined class
specification for Planning Manager (Attachment 1)and the final class specification for Planning
Manager (Attachment 2).
Past Board, Commission and Council Actions
Meeting Date Description
June 6, 2023 Civil Service Board approval of the class specification and
bargaining unit for the Planning Manager position
Discussion:
After thorough review of the needs of the Community Development Department,staff recommends
reclassifying the Senior Planner position to a Planning Manager.The Community Development
Department needs a high-level staff member to provide oversight of day-to-day Planning Division and
planning-related operations and to manage complex projects such as the Housing Element Update
and Zoning Code Update.
While the skill set of a Senior Planner is appropriate for managing complex projects and providing
assistance to junior staff,it does not meet the division’s current business operation needs,which
include staff supervision,staff development,division organization and administration.Approval of the
reclassification would permit recruitment and selection of a candidate with a broader skillset to meet
the needs of the department.
Proposed revisions to the class specifications for the Planning Manager position include minor
updates to clarify responsibilities related to current and advanced planning and the City’s emphasis
on conversion to electronic records.To finalize these recommended changes,staff requests City
Council approval of the revised class specification reestablishment of the position in the Professional
and Administrative Employee Bargaining Group.A final draft of the proposed Planning Manager class
specification is included as Attachment 2.
The recommended five-step salary range for this position at $11,803 to $14,407 per month would be
in parity with neighboring jurisdictions,as well as internally with the Building Official position given the
City of Hermosa Beach Printed on 6/8/2023Page 2 of 3
powered by Legistar™193
Staff Report
REPORT 23-0343
alignment in roles in the Community Development Department.
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:
Reclassifying the Senior Planner to Planning Manager would increase the salary and benefit costs in
the Community Development Department by approximately $42,595 annually. The estimated
increased cost in Fiscal Year 2023-24 would be covered by a transfer from Prospective Expenditures.
Attachments:
1.Planning Manager-Redlined Class Specification
2.Planning Manager-Final Class Specification
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 6/8/2023Page 3 of 3
powered by Legistar™194
CITY OF HERMOSA BEACH
Class Specification
PLANNING MANAGER
DEFINITION
Under general direction of the Director of Community Development, the Planning
Manager manages the Planning Division (current and advance planning)
functions of the Department including the supervision of professional and
administrative staff; prepares and reviews reports on current and advance
planning projects; conducts or oversees the preparation of environmental impact
reviews and preparesor environmental assessments; manages the current and
advance planning functions of the department which includes the supervision of
subordinates in the Planning Division; works with boards, commissions, and
committees; and performs related planning duties as required. The Planning
Manager will assist with preparation/administration of the Department budget;
negotiating, preparing, implementing and administering contracts for services; in
addition to managing professional and administrative staff, and may from time
to timeoccasionally be required to serve as alternate for the Community
Development Director to oversee Community Development Department
functions.
EXAMPLES OF DUTIES
Manages all steps of the land use entitlement process from application through
final decision. Prepares and coordinates revisions and updates to the General
Plan, and Local Coastal Program, and Municipal Code, including the Zoning
Ordinance. Conducts comprehensive studies for both current and advance
planning projects; gathers information from a variety of sources to get informed
opinions and specific data to help in objectively analyzing possible impacts of
projects; answers inquiries from the public regarding policies of the City; explains
information to project applicants and advises on administrative costs and reviews
procedures to be followed; prepares (with assistance of consultants when
necessary) environmental assessment reports and administers environmental
impact procedures under terms of CEQA (California Environmental Quality Act);
collects and tabulates data relating to urban land use, population and related
social and economic zoning regulations; reviews and interprets regulations or
policies; assists in the review of zoning violations and determining appropriate
action; drafts revisions of ordinances to implement City goals and as necessary
meet current State and Federal laws; engages in employment activities related
to hiring, promotion, transfer, training, assigning and directing work, supervision,
195
evaluation, reward/discipline and termination of subordinate planning staff and
administrative staff; works with boards, commissions, and committees. Assists with
preparation and administration of Department budget; negotiates, prepares,
implements and administers contracts for services from external resources;
resolves discrepancies or procedural problems and responds to program
management and program delivery questions ensuring necessary follow-up
occurs. Coordinates activities of the Planning Division with those of other City
departments. Identifies and implements opportunities for improvingimprovements
to service delivery methods and procedures, including use of project tracking and
permitting systems, regular reporting, and records digitization and paper
reduction.. Will be required to attend Planning Commission and other City
commission meetings as well as City Council meetings as necessary. Assists in
administration of state and federal grant programs such as the Community
Development Block Grant and Proposition A.
QUALIFICATION GUIDELINES
Knowledge, Skills &Abilities: Knowledge of principles and practices of urban
planning, zoning and environmental law and practices, Community
Development Block Grant, transportation, air and water quality programs; proper
administration procedures to be followed in permitting and in implementing the
environmental program; record keeping procedures; supervisory principles,
practices and techniques. Ability to understand and visualize how projects may
impact the community in various ways; ability to deal with problems involving
several complex variables in non-standardized situations; ability to conduct
proper analyses of collected data and other inputs and to arrive at reasonable
conclusions; ability to make presentations before hearing boards, community
groups and the general public; ability to prepare comprehensive and analytical
reports; ability to communicate positively, effectively and tactfully verbally and in
writing with a variety of individuals, including the general public, elected and
appointed officials and staff at all levels of government; ability to establish and
maintain effective relationships with city officials, civic groups, other agencies
and the public.
Education and Experience: Equivalent to graduation from an accredited four-
year college or university with major work in urban planning, public administration
or a related field and eight years of progressively responsible experience in
municipal planning, including three years supervisory experience. A Master’s
Degree in municipal planning or related field is highly desirable and may be
substituted for work experience up to one additional year.
196
Licenses/Certificates: Possession of a valid Class C California Driver’s License with
a safe driving record is required and must be maintained as valid during the
course of employment. American Institute of Certified Planners (AICP)
certification and Leadership in Energy and Environmental Design (LEED)
certification is preferred.
Approved by the Civil Service Board: 08-16-17
Approved by the City Council: 09-12-17
197
CITY OF HERMOSA BEACH
Class Specification
PLANNING MANAGER
DEFINITION
Under general direction of the Director of Community Development, the Planning Manager
manages the Planning Division (current and advance planning) functions of the Department
including the supervision of professional and administrative staff; prepares and reviews reports on
current and advance planning projects; conducts or oversees the preparation of environmental
impact reviews or environmental assessments; works with boards, commissions, and committees;
and performs related planning duties as required. The Planning Manager will assist with
preparation/administration of the Department budget; negotiating, preparing, implementing and
administering contracts for services; and may occasionally be required to serve as alternate for the
Community Development Director to oversee Community Development Department functions.
EXAMPLES OF DUTIES
Manages all steps of the land use entitlement process from application through final decision.
Prepares and coordinates revisions and updates to the General Plan, Local Coastal Program, and
Municipal Code, including the Zoning Ordinance. Conducts comprehensive studies for both current
and advance planning projects; gathers information from a variety of sources to get informed
opinions and specific data to help in objectively analyzing possible impacts of projects; answers
inquiries from the public regarding policies of the City; explains information to project applicants
and advises on administrative costs and reviews procedures to be followed; prepares (with
assistance of consultants when necessary) environmental assessment reports and administers
environmental impact procedures under terms of CEQA (California Environmental Quality Act);
collects and tabulates data relating to urban land use, population and related social and economic
zoning regulations; reviews and interprets regulations or policies; assists in the review of zoning
violations and determining appropriate action; drafts revisions of ordinances to implement City
goals and as necessary meet current State and Federal laws; engages in employment activities
related to hiring, promotion, transfer, training, assigning and directing work, supervision, evaluation,
reward/discipline and termination of subordinate planning staff and administrative staff; works with
boards, commissions, and committees. Assists with preparation and administration of Department
budget; negotiates, prepares, implements and administers contracts for services from external
resources; resolves discrepancies or procedural problems and responds to program management
and program delivery questions ensuring necessary follow-up occurs. Coordinates activities of the
Planning Division with those of other City departments. Identifies and implements improvements to
service delivery methods and procedures, including use of project tracking and permitting systems,
regular reporting, and records digitization and paper reduction. Will be required to attend Planning
Commission and other City commission meetings as well as City Council meetings as necessary.
Assists in administration of state and federal grant programs such as the Community Development
Block Grant and Proposition A.
QUALIFICATION GUIDELINES
Knowledge, Skills &Abilities:Knowledge of principles and practices of urban planning, zoning and
environmental law and practices, Community Development Block Grant, transportation, air and
water quality programs; proper administration procedures to be followed in permitting and in
implementing the environmental program; record keeping procedures; supervisory principles,
practices and techniques. Ability to understand and visualize how projects may impact the 198
community in various ways; ability to deal with problems involving several complex variables in non-
standardized situations; ability to conduct proper analyses of collected data and other inputs and
to arrive at reasonable conclusions; ability to make presentations before hearing boards,
community groups and the general public; ability to prepare comprehensive and analytical reports;
ability to communicate positively, effectively and tactfully verbally and in writing with a variety of
individuals, including the general public, elected and appointed officials and staff at all levels of
government; ability to establish and maintain effective relationships with city officials, civic groups,
other agencies and the public.
Education and Experience: Equivalent to graduation from an accredited four-year college or
university with major work in urban planning, public administration or a related field and eight years
of progressively responsible experience in municipal planning, including three years supervisory
experience. A Master’s Degree in municipal planning or related field is highly desirable and may be
substituted for work experience up to one additional year.
Licenses/Certificates: Possession of a valid Class C California Driver’s License with a safe driving
record is required and must be maintained as valid during the course of employment. American
Institute of Certified Planners (AICP) certification and Leadership in Energy and Environmental Design
(LEED) certification is preferred.
Approved by the Civil Service Board: 08-16-17
Approved by the City Council: 09-12-17
Amended by the Civil Service Board: 06-06-23
199
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0348
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
APPROVAL OF A REQUEST TO ESTABLISH A CLASS
SPECIFICATION FOR EXECUTIVE ASSISTANT TO THE
CHIEF OF POLICE, ESTABLISH THE POSITION IN THE
UNREPRESENTED EMPLOYEE BARGAINING UNIT,
AND ESTABLISH A SALARY RANGE
(Human Resources Manager Vanessa Godinez)
Recommended Action:
Staff recommends City Council:
1.Approve the establishment of a class specification for Executive Assistant to the Chief of
Police;
2.Approve the establishment of the position in the Unrepresented Employee Bargaining Group;
and
3.Approve the establishment of the five-step salary range for this position as $6,286 to $7,640
per month as approved in the FY 2022-23 budget.
Executive Summary:
The FY 2022-23 Midyear Budget included the reclassification of the Administrative Assistant position
in the Police Department to the new classification of Executive Assistant to the Chief of Police.As the
City prepares to fill the budgeted and approved position,establishment of a class specification,
bargaining unit, and salary range is required.
Background:
At its February 28,2023 meeting,City Council approved the reclassification of a full-time
Administrative Assistant position in the Police Department to a full-time Executive Assistant to the
Chief of Police as part of the FY 2022-23 Midyear budget review.At its June 6,2023 meeting,the
Hermosa Beach Civil Service Board approved the class specification (Attachment 2)and bargaining
unit for this position.
City of Hermosa Beach Printed on 6/8/2023Page 1 of 3
powered by Legistar™200
Staff Report
REPORT 23-0348
Past Board, Commission and Council Actions
Meeting Date Description
February 28, 2023 City Council approval of reclassification of Administrative
Assistant to Assistant to the Chief of Police as part of the FY
2022-23 Midyear budget review
June 6, 2023 Civil Service Board approved the class specification and
bargaining unit for the Assistant to the Chief of Police
position.
Discussion:
The FY 2022-23 Midyear Budget included the reclassification of the Administrative Assistant position
in the Police Department to the new classification of Executive Assistant to the Chief of Police.The
current incumbent of the Administrative Assistant in the Police Department will be reclassified to the
Executive Assistant to the Chief of Police;therefore,the establishment of a class specification,
bargaining unit, and salary range is required.
Under the general direction of the Chief of Police,the Executive Assistant to the Chief of Police
performs a variety of responsible,confidential,and complex secretarial and administrative duties in
support of the Chief of Police and Command staff while exercising independent judgment,discretion,
and initiative.This position would assist and maintain proper information flow and communication
between the City Department Heads,Police Department staff,all other City departments,members
of the community, and the general public.
The position is distinguished from the Administrative Assistant position by the scope,breadth,
complexity,and sensitivity of duties performed in support of the Police Chief.The Executive
Assistant to the Chief of Police would be required to independently perform a variety of complex,
sensitive,highly responsible,and confidential office administrative,secretarial,advanced clerical,and
routine programmatic support functions of a general or specialized nature.In order to attract qualified
candidates and provide a competitive salary,staff recommends that the salary for the Assistant to the
Chief of Police be established at 5 percent above the salary range for the Administrative Assistant
position within the City of Hermosa Beach.
To finalize the establishment of the Executive Assistant to the Chief of Police position,staff requests
City Council approval of the proposed class specification, bargaining unit, and salary range.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s
City of Hermosa Beach Printed on 6/8/2023Page 2 of 3
powered by Legistar™201
Staff Report
REPORT 23-0348
General Plan. Relevant Policies are listed below:
Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.
Policy:
·1.2: Strategic planning.Regularly discuss and set priorities at the City Council and
management level to prioritize work programs and staffing needs.
Fiscal Impact:
The salary and benefit costs for this position were approved in the FY 2022-23 Midyear Budget.
Attachments:
1.Link to February 28, 2023 City Council Staff Report
2.Executive Assistant to the Chief of Police-Class Specification
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 6/8/2023Page 3 of 3
powered by Legistar™202
CITY OF HERMOSA BEACH
Class Specification
EXECUTIVE ASSISTANT TO THE CHIEF OF POLICE
DEFINITION
Under general supervision, performs a variety of responsible, confidential , and
complex secretarial and administrative duties in support of the Chief of Police and
Command staff while exercising independent judgment, discretion, and initiative.
This position will assist and maintain proper information flow and communication
between the City Department Heads, Police Department employees, all other
City departments, and the general public.
CLASS CHARACTERISTICS
The Executive Assistant will report directly to the Chief of Police. The Captain,
Lieutenants, Sergeants, and Department Supervisors are sometimes assisted by
the Executive Assistant to the Chief of Police.
EXAMPLES OF DUTIES
The duties listed below are intended only as illustrations of the various types of
work that may be performed and is not a comprehensive listing of all functions
and tasks performed by this position.
Performs a wide variety of executive secretarial and administrative duties in
support of the Chief of Police including maintaining the Chief’s calendar and
schedule;
Coordinates and arranges for executive-level Police Department official
representation at programs, special events, and functions;
Relieves command staff of administrative work including receiving and
responding to complaints and providing assistance in resolving operational
and administrative problems;
Directly interacts with residents requesting to see the Chief of Police. Listens to
their complaints/concerns and resolves the issue if possibl e; otherwise direct
the issue to the appropriate Department supervisor;
203
Screens inquiries and organizes the flow of communications, paperwork, and
activity through the Chief’s office, evaluates requests and provides
appropriate information or routes to the appropriate division;
Creates, formats, edits, revises, proofreads, and processes a variety of
documents and forms including reports, correspondence, memoranda,
agenda items, and agreements. Independently and appropriately responds
to letters and general correspondence of a routine nature;
Opens and sorts mail and maintains office records; organizes and oversees the
Chief’s filing system, basic data about the Police Department and the routing,
location, and status of all important transactions in process ;
Maintains personnel files for all Police Department employees;
Responsible for processing all Police Department permits including Amplified
Sound Permits, Block Party Permits, Residential Special Event Permits and
Visa/Clearance Letters, including ensuring that minimum requirements for the
permit are met and determining if the permit should be approved and
granted;
Prepares payroll documents and timesheets for the Police Department;
Maintains a calendar of all Police Department employee performance
evaluation dates and tracks all evaluations in process to ensure all employees
receive an annual evaluation.
Works with the Administrative Sergeant for all trainings that require travel for
department employees and processes all travel requests and completes
expense reports.
Provides backup at the front counter when Police Service Officers are busy
with inmates, which may include answering phone calls, transferring calls to
dispatch, directing members of the public to City offices , and answering
general questions.
Draft manuals for Police Department and/or City use;
Maintains the Police Department petty cash; and
Performs other related duties as assigned.
QUALIFICATION GUIDELINES
204
Knowledge, Skills and Abilities:
Knowledge of:
Organization, procedures and operating details of the Police Department;
Principles of Police Department organization, the City organization and general
public administrative problems; Principles of office organization, administration
and supervision; Office procedures, methods, and equipment including
computers and applicable software applications such as word processing,
spreadsheets and databases; Principles and practices of fiscal, statistical, and
administrative research and report preparation; Principles of business letter writing
and report preparation; Methods and techniques of proper telephone etiquette;
customer service and public relations methods and techniques;
English usage, spelling, grammar, and punctuation.
Ability to:
Independently perform a variety of complex, sensitive, highly responsible, and
confidential office administrative, secretarial, advanced clerical, and routine
programmatic support functions of a general or specialized nature in support of
the Chief of Police; Understand and carry out a wide variety of written and oral
instructions; Work cooperatively with professional staff, supervisors, associates,
other employees and the general public; Operate office equipment including
computers and supporting word processing, spreadsheet and database
applications; Type or enter data at a speed necessary for successful job
performance; Review work for accuracy and completeness; Learn and interpret
rules, regulations, laws and processes, learn and apply related Police Department
and City policies and procedures; Carry out sensitive and confidential
administrative assignments with discretion; communicate both orally and writing;
Effectively utilize strong human relations skills; Write and edit documents for
correct English grammar, punctuation and spelling, utilize public relations
techniques in responding to inquiries and complaints; make decisions in
procedural matters; Establish and maintain effective professional working
relationships with those contacted in the course of work; Maintain professionalism
while dealing with members of the public who are residentially challenged,
suffering from mental illness, or suffering from the effects of alcohol and/or drug
ingestion.
Must be able to pass a background investigation.
Education and Experience: Any combination of training and experience which
would provide the required knowledge and abilities is qualifying. A typical way to
obtain this required knowledge would be:
High School graduation or Graduate Equivalency Degree (GED) is required and
five years of increasingly responsible administrative and customer support
205
experience, including administrative responsibilities of a highly sensitive nature.
College or professional administrative training and experience in a Police
Department or administrative office is highly desirable.
Licenses/Certificates: Possession of a valid Class C California Driver’s License with
a safe driving record is required and must be maintained as valid during the
course of employment.
In accordance with California Government Code Section 3100, City of Hermosa
Beach employees, in the event of a disaster, are considered disaster service
workers and may be asked to protect the health, safety, lives, and property of the
people of the State.
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that must be met by an
employee to successfully perform the essential functions of this job. Reasonable
accommodations may be made to enable individuals with disabilities to perform
the essential job functions.
Environment:
Work is performed primarily in a standard office environment with extensive public
contact and constant interruptions. There is a jail in the facility which houses
inmates who may yell, kick, or bang on walls/bars, and scream profanities and
other offensive remarks; some inmates may have an unpleasant odor which
permeates the office environment.
Physical:
Primary functions require sufficient physical ability and mobility to work in an office
setting; to stand or sit for prolonged period of time; to walk up and down stairs; to
occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push
and/or pull light to moderate amounts of weight; to operate office equipment
requiring repetitive hand movement and fine coordination including use of a
computer keyboard; and to verbally communicate to exchange information.
Vision:
See in the normal vision range with or without correction.
Hearing:
Hear in the normal audio range with or without correction.
Approved by the Civil Service Board:
206
Approved by the City Council:
207
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0345
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
LOS ANGELES COUNTY FIRE AND AMBULANCE
MONTHLY REPORT FOR APRIL 2023
(Emergency Management Coordinator Israel Estrada)
Recommended Action:
Staff recommends City Council receive and file the April 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.The following report
provides details regarding services provided for the month of April 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 April 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.
Discussion:
The April 2023 monthly report provides an overview of services provided by LACoFD and McCormick
City of Hermosa Beach Printed on 6/8/2023Page 1 of 5
powered by Legistar™208
Staff Report
REPORT 23-0345
Ambulance (Attachment 1: April 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.
The April 2023 call transfer report provided by LACoFD indicates that there was a total of one call
with a transfer time longer than the NFPA standard.The call was received during periods of
increased call volume in the dispatch center.Staff is working with LACoFD to incorporate the South
Bay Regional Public Communications Authority (RCC)call transfer time data,currently provided semi
City of Hermosa Beach Printed on 6/8/2023Page 2 of 5
powered by Legistar™209
Staff Report
REPORT 23-0345
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.
Table 1 below provides the response details for the incident in Hermosa Beach.
Table 1: NFPA Standard Exceedance-Response Details
Date Call Type Call
Transfer
Time
Length of
Transfer
LACoFD
Dispatch
Time
On Scene
Time
Length of Arrival Total Response
Time
April 4 Injury-ALS 12:41 116
seconds
12:42 12:47 5 minutes 6 minutes 56
seconds
Table definitions
·Call Transfer Time:The exact time when the call was transferred from South Bay Regional
Public Communications Authority also known as Regional Communications Center (RCC).
·Length of Transfer:The length of time that it took from LACoFD dispatch center to answer the
call from RCC.
·LACoFD Dispatch Time:The time in which appropriate fire apparatus were dispatched to the
incident.
·On Scene Time: The time in which the dispatched units arrived at the incident location.
·Length of Arrival: The time between when the unit was dispatched and arrived on scene.
·Total Response Time:The total combined time between the call transfer time and the length of
time arriving units on scene.
McCormick Ambulance
McCormick Ambulances are staffed by two EMT’s who can provide and transport BLS patients
independently and,with the support of LACoFD paramedics riding in the ambulance,can also
transport ALS patients.
In April 2023,McCormick Ambulance responded to 65 calls for services within the City of Hermosa
Beach.The April 2023 report indicated that 10 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 10 delayed Code 3 calls,the average response time was
eleven (11)minutes,fifty-eight (58)seconds with the longest single response time at fifteen (15)
City of Hermosa Beach Printed on 6/8/2023Page 3 of 5
powered by Legistar™210
Staff Report
REPORT 23-0345
minutes, thirty-three (33) seconds.
There were nine delayed Code 2 responses in April 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.Of the nine delayed Code 2
calls,the average response time was thirteen (13)minutes,two (2)seconds with the longest
response time at seventeen (17) minutes, forty-four (44) seconds.
Staff reviewed the April 2023 McCormick Ambulance monthly report.The following outlines the
reasons for the delayed responses:
·Multiple Calls: (11) The dispatch center received multiple calls at the same time;
·Distance:(4)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
ambulance crew to the hospital for continuation of care.
McCormick Ambulance demonstrates a continuous effort to detect and correct service level
performance deficiencies by identifying the reason for delayed response times,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
46 calls in April 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
City of Hermosa Beach Printed on 6/8/2023Page 4 of 5
powered by Legistar™211
Staff Report
REPORT 23-0345
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-April 2023
2.Link to July 14, 2020 City Council Staff Report
3.Link to February 11, 2020 City Council Staff Report
Respectfully Submitted by: Israel Estrada, Emergency Management Coordinator
Concur: Angela Crespi, Deputy City Manager
Noted for Fiscal Impact: Viki Copeland, Finance Director
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Printed on 6/8/2023Page 5 of 5
powered by Legistar™212
E100 S100 Total
FIRE, EXPLOSION
154 ‐ Dumpster or other outside trash receptacle fire 1 1 0.41%
FIRE, EXPLOSION Total 1 ‐ 1 0.41%
RESCUE, EMS
300 ‐ Rescue, EMS incident, other 24 21 45 18.37%
311 ‐ Medical assist, assist EMS crew 11 11 22 8.98%
320 ‐ Emergency medical service, other 2 2 4 1.63%
321 ‐ EMS call, excluding vehicle accident with injury 61 54 115 46.94%
322 ‐ Motor vehicle accident with injuries 1 1 2 0.82%
RESCUE, EMS Total 99 89 188 76.73%
GOOD INTENT CALL
600 ‐ Good intent call, other 24 9 33 13.47%
611 ‐ Dispatched and cancelled en route 17 2 19 7.76%
GOOD INTENT CALL Total 41 11 52 21.23%
FALSE ALARM, FALSE CALL
743 ‐ Smoke detector activation, no fire ‐ unintentional 1 1 0.41%
FALSE ALARM, FALSE CALL Total 1 ‐ 1 0.41%
SPECIAL OR OTHER INCIDENT TYPE
900 ‐ Special type of incident, other 1 1 0.41%
911 ‐ Citizen complaint 2 2 0.82%
SPECIAL OR OTHER INCIDENT TYPE Total 3 ‐ 3 1.23%
Grand Total 145 100 245 100.00%
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 APRIL 2023
Incident Type UNIT RESPONSES Percentage
213
DAY OF THE WEEK E100 S100 Total
Sunday 23 18 41
Monday 14 8 22
Tuesday 19 11 30
Wednesday 19 12 31
Thursday 24 15 39
Friday 23 15 38
Saturday 23 21 44
Grand Total 145 100 245
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 APRIL 2023
UNIT RESPONSES
‐
5
10
15
20
25
30
E100
S100
214
TIME OF THE DAY E100 S100 Total
00:00:00 TO 00:59:59 2 2 4
01:00:00 TO 01:59:59 4 3 7
02:00:00 TO 02:59:59 4 4 8
03:00:00 TO 03:59:59 3 1 4
04:00:00 TO 04:59:59 3 2 5
05:00:00 TO 05:59:59 1 1 2
06:00:00 TO 06:59:59 7 5 12
07:00:00 TO 07:59:59 2 2 4
08:00:00 TO 08:59:59 8 7 15
09:00:00 TO 09:59:59 3 2 5
10:00:00 TO 10:59:59 6 5 11
11:00:00 TO 11:59:59 7 4 11
12:00:00 TO 12:59:59 12 9 21
13:00:00 TO 13:59:59 10 7 17
14:00:00 TO 14:59:59 7 3 10
15:00:00 TO 15:59:59 2 2
16:00:00 TO 16:59:59 6 3 9
17:00:00 TO 17:59:59 11 8 19
18:00:00 TO 18:59:59 7 5 12
19:00:00 TO 19:59:59 9 7 16
20:00:00 TO 20:59:59 13 8 21
21:00:00 TO 21:59:59 8 6 14
22:00:00 TO 22:59:59 5 3 8
23:00:00 TO 23:59:59 5 3 8
Grand Total 145 100 245
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 APRIL 2023
UNIT RESPONSES
‐
2
4
6
8
10
12
14
00:00:00 TO 00:59:5901:00:00 TO 01:59:5902:00:00 TO 02:59:5903:00:00 TO 03:59:5904:00:00 TO 04:59:5905:00:00 TO 05:59:5906:00:00 TO 06:59:5907:00:00 TO 07:59:5908:00:00 TO 08:59:5909:00:00 TO 09:59:5910:00:00 TO 10:59:5911:00:00 TO 11:59:5912:00:00 TO 12:59:5913:00:00 TO 13:59:5914:00:00 TO 14:59:5915:00:00 TO 15:59:5916:00:00 TO 16:59:5917:00:00 TO 17:59:5918:00:00 TO 18:59:5919:00:00 TO 19:59:5920:00:00 TO 20:59:5921:00:00 TO 21:59:5922:00:00 TO 22:59:5923:00:00 TO 23:59:59E100
S100
215
Ad Hoc Report:
Name:
Date:
Description:
Seizure Date Seizure Time ALI City Answer Secs Call Type ID ALI Class
4/1/2023 15:27:42 HERM BCH 16 911 Calls WPH2
4/2/2023 17:16:07 HERMOSA BEACH 2 911 Calls RESD
4/2/2023 21:14:34 HERMOSA BEACH 2 911 Calls WPH2
4/3/2023 17:19:37 HMB 2 911 Calls WPH2
4/3/2023 17:36:35 HERM BCH 2 911 Calls WPH2
4/4/2023 07:42:19 HMB 2 911 Calls WPH2
4/4/2023 07:42:50 HERMOSA BEACH 2 911 Calls VOIP
4/4/2023 07:42:55 HERM BCH 2 911 Calls WPH2
4/4/2023 12:39:54 HMB 116 911 Calls WPH2
4/5/2023 07:18:03 HERM BCH 2 911 Calls WPH2
4/5/2023 09:00:00 HERMOSA BEACH 2 911 Calls VOIP
4/6/2023 10:34:51 HERM BCH 2 911 Calls WPH2
4/6/2023 12:41:18 HERMOSA BEACH 2 911 Calls VOIP
4/6/2023 21:53:36 HMB 2 911 Calls WPH2
4/7/2023 23:20:02 HERMOSA BEACH 2 911 Calls RESD
4/7/2023 23:25:16 HERM BCH 15 911 Calls WPH2
4/10/2023 10:47:14 HERM BCH 2 911 Calls WPH2
4/10/2023 13:19:38 HERMOSA BEACH 2 911 Calls RESD
4/11/2023 06:38:30 HERMOSA BEACH 2 911 Calls WPH2
4/11/2023 08:33:16 HERMOSA BEACH 2 911 Calls WPH2
4/12/2023 13:33:07 HERMOSA BEACH 2 911 Calls BUSN
4/13/2023 08:19:50 HERMOSA BEACH 1 911 Calls RESD
4/13/2023 12:01:32 HMB 2 911 Calls WPH2
4/13/2023 18:47:06 HERM BCH 2 911 Calls WPH2
4/14/2023 06:53:42 HERMOSA BEACH 2 911 Calls VOIP
4/14/2023 14:21:08 HERM BCH 2 911 Calls WPH2
4/14/2023 16:23:55 HERMOSA BEACH 2 911 Calls VOIP
4/14/2023 17:53:21 HERM BCH 2 911 Calls WPH2
4/14/2023 17:54:21 HERM BCH 2 911 Calls WPH2
4/14/2023 21:38:06 HERMOSA BEACH 2 911 Calls WPH2
4/15/2023 08:29:43 HERMOSA BEACH 2 911 Calls RESD
4/15/2023 08:34:35 HERMOSA BEACH 2 911 Calls RESD
4/15/2023 20:13:44 HERM BCH 2 911 Calls WPH2
4/15/2023 20:20:19 HERMOSA BEACH 2 911 Calls WPH2
4/15/2023 22:01:29 HERMOSA BEACH 20 911 Calls RESD
4/16/2023 04:31:28 HERM BCH 2 911 Calls WPH2
4/16/2023 17:30:21 HERM BCH 2 911 Calls WPH2
4/16/2023 18:01:22 HERMOSA BEACH 2 911 Calls RESD
4/16/2023 22:20:29 HERM BCH 2 911 Calls WPH2
4/17/2023 14:30:52 HERM BCH 2 911 Calls WPH2
4/18/2023 13:52:43 HERM BCH 2 911 Calls WPH2
4/18/2023 13:52:48 HERM BCH 15 911 Calls WPH2
4/18/2023 17:05:47 HERMOSA BEACH 2 911 Calls RESD
Hermosa Call Answer Time
5/2/2023
April 2023
Los Angeles County Fire
216
4/19/2023 06:39:15 HERMOSA BEACH 2 911 Calls VOIP
4/19/2023 08:10:40 HERMOSA BEACH 2 911 Calls VOIP
4/20/2023 13:33:19 HERMOSA BEACH 2 911 Calls VOIP
4/20/2023 19:20:40 HERMOSA BEACH 2 911 Calls VOIP
4/20/2023 19:27:36 HMB 2 911 Calls WPH2
4/20/2023 20:45:23 HERM BCH 2 911 Calls WPH2
4/21/2023 08:15:35 HERM BCH 2 911 Calls WPH2
4/21/2023 21:26:43 HERM BCH 25 911 Calls WPH2
4/22/2023 02:01:52 HERMOSA BEACH 1 911 Calls WPH2
4/22/2023 08:56:11 HERM BCH 2 911 Calls WPH2
4/22/2023 16:01:02 HERMOSA BEACH 2 911 Calls WPH2
4/22/2023 17:15:46 HERMOSA BEACH 1 911 Calls WPH2
4/22/2023 19:43:36 HERM BCH 2 911 Calls WPH2
4/22/2023 20:54:11 HERM BCH 2 911 Calls WPH2
4/23/2023 03:07:51 HERM BCH 2 911 Calls WPH2
4/23/2023 18:16:35 HERMOSA BEACH 2 911 Calls RESD
4/24/2023 01:16:08 HMB 2 911 Calls WPH2
4/24/2023 16:37:26 HERM BCH 2 911 Calls WPH2
4/25/2023 12:38:10 HERM BCH 59 911 Calls WPH2
4/26/2023 13:59:31 HERM BCH 2 911 Calls WPH2
4/26/2023 16:13:06 HMB 2 911 Calls WPH2
4/26/2023 17:57:26 HERMOSA BEACH 2 911 Calls RESD
4/26/2023 20:45:58 HMB 56 911 Calls WPH2
4/27/2023 10:20:18 HERM BCH 2 911 Calls WPH2
4/28/2023 09:48:37 HERMOSA BEACH 2 911 Calls WPH2
4/28/2023 17:58:15 HERMOSA BEACH 25 911 Calls WPH2
4/28/2023 17:58:34 HERMOSA BEACH 44 911 Calls WPH2
4/29/2023 02:01:29 HERM BCH 2 911 Calls WPH2
4/30/2023 13:01:57 HERMOSA BEACH 56 911 Calls VOIP
4/30/2023 17:20:09 HERM BCH 2 911 Calls WPH2
4/30/2023 21:18:00 HERM BCH 60 911 Calls WPH2
Average Call Answer Time (seconds)8
217
McCormick Ambulance
April 2023
Total Number of Dispatched Calls
Dispatched Calls Totals
Transported 65
Canceled 50
Grand Total 115
NOTE: None
Calls per the day of the week
65, 57%
50, 43%
Total Dispatched Calls
Transported
Canceled
218
Day of the Week Completed Canceled Total
Sunday 11 8 19
Monday 7 3 10
Tuesday 5 9 14
Wednesday 8 7 15
Thursday 9 8 17
Friday 13 3 16
Saturday 12 12 24
Grand Total 65 50 115
Response by the Time of Day
0
2
4
6
8
10
12
14
Completed
Canceled
219
Time of Day Total Response
00:00:00 TO 00:59:59 2
01:00:00 TO 01:59:59 3
02:00:00 TO 02:59:59 5
03:00:00 TO 03:59:59 1
04:00:00 TO 04:59:59 2
05:00:00 TO 05:59:59 1
06:00:00 TO 06:59:59 6
07:00:00 TO 07:59:59 2
08:00:00 TO 08:59:59 7
09:00:00 TO 09:59:59 3
10:00:00 TO 10:59:59 6
11:00:00 TO 11:59:59 6
12:00:00 TO 12:59:59 7
13:00:00 TO 13:59:59 8
14:00:00 TO 14:59:59 4
15:00:00 TO 15:59:59 4
16:00:00 TO 16:59:59 9
17:00:00 TO 17:59:59 5
18:00:00 TO 18:59:59 8
19:00:00 TO 19:59:59 10
20:00:00 TO 20:59:59 7
21:00:00 TO 21:59:59 4
22:00:00 TO 22:59:59 4
23:00:00 TO 23:59:59 1
Grand Total 115
0
2
4
6
8
10
12
00:00:00 TO 00:59:5901:00:00 TO 01:59:5902:00:00 TO 02:59:5903:00:00 TO 03:59:5904:00:00 TO 04:59:5905:00:00 TO 05:59:5906:00:00 TO 06:59:5907:00:00 TO 07:59:5908:00:00 TO 08:59:5909:00:00 TO 09:59:5910:00:00 TO 10:59:5911:00:00 TO 11:59:5912:00:00 TO 12:59:5913:00:00 TO 13:59:5914:00:00 TO 14:59:5915:00:00 TO 15:59:5916:00:00 TO 16:59:5917:00:00 TO 17:59:5918:00:00 TO 18:59:5919:00:00 TO 19:59:5920:00:00 TO 20:59:5921:00:00 TO 21:59:5922:00:00 TO 22:59:5923:00:00 TO 23:59:59Time of Day
Responses
220
Response Times Within Allowable
Time Delayed Response Canceled Total
Code 3: Response Time
of 8:59 or less 23 10 0 33
Code 2: Response Time
of 15:00 or less 23 9 0 32
Canceled Responses 0 0 50 50
Grand Total 45 19 50 115
221
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0351
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA
APPROVING CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES FORM 130
DESIGNATION OF SUBRECIPIENT’S AGENTS
(Emergency Management Coordinator Israel Estrada)
Recommended Action:
Staff recommends City Council:
1.Adopt a resolution of the City of Hermosa Beach approving California Governor’s Office of
Emergency Services Form 130 Designation of Subrecipient’s Agents (Attachment 1); and
2.Approve submittal of Cal OES Form 130 (Attachment 2),designating the City Manager,
Deputy City Manager, and Finance Director as the City’s authorized agents.
Executive Summary:
To remain eligible for Federal and State assistance and grant programs,the California Office of
Emergency Services (Cal OEs)requires non-state agencies to submit a Form 130 every three years.
The proposed resolution would authorize the submittal of a new Form 130 designating the City
Manager,Deputy City Manager,and Finance Director as the City’s authorized agents for the purpose
of exchanging official documentation regarding funding.
Background:
At its April 14,2020 meeting,City Council reaffirmed Resolution 18-7153,and approved submittal of
a Cal OES Form 130 designating the City Manager,Finance Director,and Chief of Police as the
City’s authorized agents.The form has reached its three-year expiration and a new form is required
for continued eligibility.
Past Council Actions
Meeting Date Description
November 27, 2018 City Council approved Resolution 18-7153 and approved
submittal of Cal OES Form 130, designating the City
Manager, Finance Director, and Chief of Police as the City’s
authorized agents.
April 14, 2020 City Council reaffirmed Resolution 18-7153 adopted on
November 27, 2018 and approved submittal of an updated
Cal OES Form 130.
City of Hermosa Beach Printed on 6/8/2023Page 1 of 3
powered by Legistar™222
Staff Report
REPORT 23-0351Meeting Date Description
November 27, 2018 City Council approved Resolution 18-7153 and approved
submittal of Cal OES Form 130, designating the City
Manager, Finance Director, and Chief of Police as the City’s
authorized agents.
April 14, 2020 City Council reaffirmed Resolution 18-7153 adopted on
November 27, 2018 and approved submittal of an updated
Cal OES Form 130.
Discussion:
Cal OES requires non-state agencies,such as the City of Hermosa Beach,to submit an updated
Form 130 every three years to remain eligible for funding.The form documents the City’s authorized
agents to act on behalf of the City for purposes of receiving disaster assistance from Federal and
State agencies.
Staff recommends City Council adopt a resolution (Attachment 1)approving a new California
Governor’s Office of Emergency Services Form 130 (Attachment 2)designating the City Manager,
Deputy City Manager,and Finance Director as the City’s authorized agents.It is recommended to
switch the position of Chief of Police listed in the last Form 130 to the position of Deputy City
Manager as the primary delegate for the City Manager.
If approved,the form would be applicable for all disasters over the next three years.Should the form
not be submitted,the City would have limited ability to request Federal or State funding and
information for disaster relief and grants for preparedness.
General Plan Consistency:
This report and associated recommendations have been evaluated for their consistency with the
City’s General Plan. Relevant policies are listed below:
Public Safety 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.
Fiscal Impact:
There is no fiscal impact associated with the recommended action.Designating an authorized agent
may ultimately have a positive fiscal impact because it would enable the City to request public
assistance from Federal and State agencies to seek recovery of costs related any disaster that
affects the City of Hermosa Beach.
City of Hermosa Beach Printed on 6/8/2023Page 2 of 3
powered by Legistar™223
Staff Report
REPORT 23-0351
Attachments:
1. Draft Resolution
2. Cal OES Form 130
3. Link to April 14, 2020 City Council Staff Report
4. Link to November 27, 2018 City Council Staff Report
Respectfully Submitted by: Israel Estrada, Emergency Management Coordinator
Concur: Angela Crespi, Deputy City Manager
Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Printed on 6/8/2023Page 3 of 3
powered by Legistar™224
Page 1 of 2 RES NO. 23-
CITY OF HERMOSA BEACH
RESOLUTION NO. 23- XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA APPROVING CALIFORNIA GOVERNOR’S OFFICE OF
EMERGENCY SERVICES FORM 130 DESIGNATION OF SUBRECIPIENT’S
AGENTS
WHEREAS, The state of California, California Governor’s Office of
Emergency Services ensures that local jurisdictions meet federal and state
eligibility requirements defined in the Robert T. Stafford Disaster Relief and
Emergency Assistance act of 1988, as amended 44 CFR 302 and the California
Disaster Assistance Act.
WHEREAS, The City of Hermosa Beach is a public entity established under
the laws of the State of California, authorized to make applications and to file
them with the California Governor’s Office of Emergency Services (Cal OES) for
the purpose of obtaining certain federal assistance under Public Law 93-288, as
amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act
of 1988; and/or state financial assistance under the California Disaster Assistance
Act.
WHEREAS, The Cal OES Form 130 – Designation of Applicant’s Agent
Resolution is a required form designating the authorized agents of the City to
execute any and all documents related to pre and post disaster funding. Cal OES
Form 130 must be approved by City Council and on file with Cal OES prior to the
submission of funding requests.
WHEREAS, The City of Hermosa Beach is interested in receiving pre-disaster
mitigation funds to implement programs that will enhance the safety of the
community, increase response and recovery capabilities during disasters as well
as request cost recovery funding for disaster response not only in the City of
Hermosa Beach, but also mutual aid responses for county, regional, state, and
national disasters.
WHEREAS, The City of Hermosa Beach designated three authorized agents
by title: City Manager or Deputy City Manager or Finance Director to execute for
and on behalf of the City of Hermosa Beach for all matters pertaining to such
225
Page 2 of 2 RES NO. 23-
state disaster assistance, the assurances and agreements required under the laws
referenced above.
WHEREAS, The City of Hermosa Beach authorizes this resolution as a universal
resolution and is effective for all open and future disasters/grants up to three years
following the date of approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Authorizes the City Manager, Deputy City Manager, and
Finance Director of Hermosa Beach to execute all necessary applications,
agreements, grant reports, and amendments thereto to implement and carry out
the grant application and/or cost recovery processes at required by State and
Federal Law.
SECTION 2. This resolution shall take effect immediately. The City Clerk shall
certify to the passage and adoption of this Resolution; shall cause the original of
the same to be entered among the original resolutions of the City Council; and
shall make a minute of the passage and adoption thereof in the minutes of the
City Council meeting at which the same is passed and adopted.
PASSED, APPROVED, and ADOPTED on this 13th day, June 2023.
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan,
City Clerk City Attorney
226
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the ,
(Name of Applicant)
a public entity established under the laws of the State of California, this application
and to file it with the California Governor’s Office of Emergency Services for the
purpose of obtaining federal financial assistance for any existing or future grant
program, including, but not limited to any of the following:
-Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG),
California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard
Mitigation Grant Program (HMGP), Building Resilient Infrastructure and
Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under
-Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and
Emergency Assistance Act of 1988, and/or state financial assistance under the
California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National
Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b)
((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards
Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F,
Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141
- California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2,
Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12
That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the
Governor’s Office of Emergency Services for all matters pertaining to such state
disaster assistance the assurances and agreements required.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
OES-FPD-130 Rev. 10-2022 Page 1 of 4 227
Please check the appropriate box below
This is a universal resolution and is effective for all open and future
disasters/grants declared up to three (3) years following the date of approval.
This is a disaster/grant specific resolution and is effective for only
disaster/grant number(s):
Passed and approved this day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the
(Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 2 of 4 228
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all
Applicants to be eligible to receive funding. A new resolution must be submitted if a
previously submitted resolution is older than three (3) years from the last date of
approval, is invalid, or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1
and 2. The blanks are to be filled in as follows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the
Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of
Education, etc.
Name of Applicant: The public entity established under the laws of the
State of California.
Examples include: School District, Office of Education, City, County or Non-profit
agency that has applied for the grant, such as: City of San Diego, Sacramento
County, Burbank Unified School District, Napa County Office of Education,
University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body
to engage with the Federal Emergency Management Agency and the California
Governor’s Office of Emergency Services regarding grants for which they have applied.
There are two ways of completing this section:
1.Titles Only: The titles of the Authorized Agents should be entered here, not their
names. This allows the document to remain valid if an Authorized Agent leaves
the position and is replaced by another individual. If “Titles Only” is the chosen
method, this document must be accompanied by either a cover letter naming
the Authorized Agents by name and title, or the Cal OES AA Names
document. The supporting document can be completed by any authorized
person within the Agency (e.g., administrative assistant, the Authorized Agent,
secretary to the Director). It does not require the Governing Body’s signature.
2.Names and Titles: If the Governing Body so chooses, the names and titles of the
Authorized Agents would be listed. A new Cal OES Form 130 will be required if
any of the Authorized Agents are replaced, leave the position listed on the
document, or their title changes.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 3 of 4 229
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all
past disasters and for those declared up to three (3) years following the date of
approval. Upon expiration it is no longer effective for new disasters, but it remains
in effect for disasters declared prior to expiration. It remains effective until the
disaster goes through closeout unless it is superseded by a newer resolution.
Governing Body Representative: These are the names and titles of the approving
Board Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. The
names and titles cannot be one of the designated Authorized Agents. A
minimum of three (3) approving board members must be listed. If less than three
are present, meeting minutes must be attached in order to verify a quorum was
met.
Certification Section:
Name and Title: This is the individual in attendance who recorded the creation and
approval of this resolution.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk,
etc. This person cannot be one of the designated Authorized Agents or
Approving Board Member. If a person holds two positions (such as City Manager
and Secretary to the Board) and the City Manager is to be listed as an
Authorized Agent, then that person could sign the document as Secretary to
the Board (not City Manager) to eliminate “Self-Certification.”
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 4 of 4 230
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0316
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
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 Joe SanClemente)
Recommended Action:
Staff recommends City Council:
1.Adopt a resolution (Attachment 3)approving the Engineer's Report in connection with
Hermosa Beach Landscaping and Street Lighting District 2023-2024 made pursuant to the
requirements of Resolution No. 23-7367; and
2.Adopt a resolution (Attachment 4)declaring the City’s intention to order certain
improvements and to levy and collect assessments within the Hermosa Beach Landscaping
and Street Lighting District 2023-2024 for the Fiscal Year beginning July 1,2023,through
June 30,2024,and appointing July 11,2023,at the hour of 6:30 p.m.in the Civic Center
Council Chambers as the time and place for a public hearing in relation thereto.
Executive Summary:
The Hermosa Beach Landscaping and Street Lighting District (District)collects funds for the
maintenance and operation of the citywide street lighting program and landscaping within street
medians and parkways.The District must be renewed annually by following a three-step process.
Staff recommends continuation of the process for Fiscal Year 2023-2024.
Background:
The District was created in Fiscal Year 1989-1990,pursuant to the Landscaping and Lighting Act of
1972 (Street and Highway Code Sections 22500-22679).The District assessment provides funding
to maintain and operate streetlights,traffic signals,and landscaping located within parkways and
medians citywide.The assessment rate has not increased since the passage of Proposition 218 in
1996 and is set at $41.45 per dwelling unit.
The Hermosa Beach Landscaping and Street Lighting District partially funds the maintenance and
City of Hermosa Beach Printed on 6/8/2023Page 1 of 5
powered by Legistar™231
Staff Report
REPORT 23-0316
The Hermosa Beach Landscaping and Street Lighting District partially funds the maintenance and
operation of the citywide street lighting program and landscaping within street medians and
parkways.The anticipated assessment to be collected for Fiscal Year 2022-2023 is $461,300;a
subsidy of $239,245 was approved for transfer from the RTI Undersea Cable Fund and $1,590 was
approved for transfer from the Tyco Fund to the Landscaping and Street Lighting District Fund to
cover the shortfall for maintaining the citywide Landscaping and Street Lighting District for Fiscal
Year 2022-2023.
The District must be renewed annually by following a three-step process.First,Council authorizes
the Director of Public Works to prepare an Engineer’s Report containing the estimated cost of
maintaining the District,the list of parcels within the District,and the method of apportionment of the
assessment.At its May 9,2023 meeting,City Council adopted Resolution 23-7367 (Attachment 1)
authorizing preparation of a report.
Second,the Engineer’s Report (Attachment 2)is presented to Council for approval and the Council
sets a date for a Public Hearing declaring the City Council’s intention to order certain improvements
and to levy and collect assessments within the District for the new fiscal year.The third and final
step is to hold a Public Hearing to accept public input on the matter of the proposed assessment
and, if approved, to levy the assessment for the new fiscal year.
Past Council Actions
Meeting Date Description
May 9, 2023 City Council adopted Resolution 23-7367 authorizing the
preparation of a report for the annual levy of assessments
within the Hermosa Beach Landscaping and Street Lighting
District during Fiscal Year 2023-2024
Analysis:
The City is in compliance with Proposition 218 and can continue to levy assessments to pay for the
maintenance and operation of streetlights,street medians,and parkway landscaping without holding
another public hearing so long as the amount of the assessments are not increased.The
assessment rate per dwelling unit has not increased since the passage of Proposition 218 in 1996.
The Council is now considering the second step in the process.By approving the first resolution
(Attachment 3),City Council approves the Engineer’s Report,prepared by an expert Assessment
Engineer from NV5 acting as the duly appointed Engineer of Work.The report contains maps,
methodology,costs,and estimated assessments for the District and is on file in the office of the City
Clerk.Adoption of the proposed resolution confirms that the report was prepared prior to the public
City of Hermosa Beach Printed on 6/8/2023Page 2 of 5
powered by Legistar™232
Staff Report
REPORT 23-0316
hearing.
By approving the second resolution (Attachment 4),City Council sets July 11,2023,at 6:30 p.m.in
the City Hall Council Chambers as the time and place for a Public Hearing in order to accept input
on the report.The City Clerk would publish a Notice of Public Hearing in the Easy Reader a
minimum of 10 days in advance of the hearing. The draft public notice is included as Attachment 5.
In order to levy and collect assessments within the Hermosa Beach Landscaping and Street
Lighting District 2023-2024, the City Council must also:
1.Hold a Public Hearing and adopt a Resolution confirming the map and assessment for the
District for Fiscal Year 2023-2024 and levy the set assessment per-unit rate for the fiscal year
commencing July 1, 2023 and ending June 30, 2024; and
2.Adopt the Fiscal Year 2023-2024 estimated revenue for secured collections for the District.
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 2.A public realm that is safe,comfortable,and convenient for travel via foot,bicycle,public
transit,and automobile and creates vibrant,people oriented public spaces that encourage active
living.
Policies:
·2.1 Prioritize public rights-of-way.Prioritize improvements of public rights-of-way that provide
heightened levels of safe,comfortable,and attractive public spaces for all non-motorized
travelers while balancing the need of efficient vehicular circulation.
·2.4 Sustainable landscape.Use consistent and sustainable landscape and streetscape
designs that reflect the city’s community identity;showcase local assets and the community’s
unique and vibrant culture.
Parks + Open Space Element
Goal 10. Abundant landscaping, trees, and green space provided throughout the community.
Policy:
·10.3 Green space co-benefits.Recognize the many positive qualities provided by
landscaping,trees,and green space including reduced heat gain,controlled stormwater
runoff,absorbed noise,reduced soil erosion,improved aesthetic character,and absorption of
City of Hermosa Beach Printed on 6/8/2023Page 3 of 5
powered by Legistar™233
Staff Report
REPORT 23-0316
runoff,absorbed noise,reduced soil erosion,improved aesthetic character,and absorption of
air pollution.
Infrastructure Element
Goal 1. Infrastructure systems are functional, safe, and well maintained.
Policies:
·1.1 Infrastructure systems plan.Establish and adopt an integrated,holistic systems
approach to guide infrastructure development, improvement, maintenance, and resilience.
·1.4 Fair share assessments.Require new development and redevelopment projects to pay
their fair share of the cost of infrastructure improvements needed to serve the project and
ensure that needed infrastructure is available prior to or at the time of project completion.
Fiscal Impact:
The anticipated assessment to be collected for Fiscal Year 2023-2024 is $457,649.The total cost of
the operation,servicing and maintenance of the Landscaping and Street Lighting District 2023-2024
is estimated to be $960,850.Additional funding is comprised of $30,329 from Fiscal Year 2022-2023
Landscaping and Lighting District remaining fund balance,$4,348 from miscellaneous revenues,and
an additional $468,524 to be transferred from the General Fund to cover the shortfall in the
Landscaping and Street Lighting District Fund and maintain the citywide District for Fiscal Year 2023-
2024.
Council approved $25,000 in the FY 2022-2023 Budget to study the District rates and to consider
creating a new supplemental district.The study will seek to address the annual operating deficit,so
that no further subsidies from the General Fund or other discretionary funds would be required.The
study should include District-related recommendations from the Parks Master Plan,thereby shifting
completion of the study to FY 2023-24.Any proposed rate increase resulting from the study would be
processed in compliance with Proposition 218.
Attachments:
1.Resolution 23-7367 approving the preparation of the Engineer’s Report
2.Engineer’s Report
3.Draft Resolution 23-XXXX approving the Engineer’s Report
4.Draft Resolution 23-XXXX declaring the City’s intention
5.Draft Notice of Public Hearing
6.Link to May 9, 2023 City Council Staff Report
Respectfully Submitted by: German Alvarez, Assistant Engineer
Concur: Stephanie Holst, Senior Engineer
Concur:Lucho Rodriguez, City Engineer
City of Hermosa Beach Printed on 6/8/2023Page 4 of 5
powered by Legistar™234
Staff Report
REPORT 23-0316
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 6/8/2023Page 5 of 5
powered by Legistar™235
Page 1 of 2 #23-7367
CITY OF HERMOSA BEACH
RESOLUTION NO. 23-7367
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO
PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 4 OF CHAPTER 1
OF THE “LANDSCAPING AND LIGHTING ACT OF 1972”, BEING
DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE
STATE OF CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND
SERVICING OF STREET AND SIDEWALK LANDSCAPING, LIGHTING AND
APPURTENANT WORK IN THE CITY OF HERMOSA BEACH, CALIFORNIA,
FOR THE FISCAL YEAR COMMENCING JULY 1, 2023 AND ENDING JUNE
30, 2024.
HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2023 –2024
WHEREAS, the City Council of the City of Hermosa Beach, California,
proposes to renew the existing assessment district designated as “Hermosa Beach
Landscaping and Street Lighting District 2022–2023” pursuant to the “Landscaping
and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways
Code of the State of California; and
WHEREAS, the assessment district includes all parcels of land within the City
and shall be redesignated as the “Hermosa Beach Landscaping and Street
Lighting District 2023–2024;” and
WHEREAS, it is proposed to maintain and operate streets and sidewalks
within the assessment district, including the operation, maintenance, and
servicing of landscaping, lighting, and appurtenant facilities located in and along
such streets and sidewalks.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council hereby redesignates the existing
Hermosa Beach Landscaping and Street Lighting District 2022 –2023 as the
Hermosa Beach Landscaping and Street Lighting District 2023 –2024.
DocuSign Envelope ID: DBFDEC10-C6A6-4BFB-AE27-548A425F990D
2361012
Page 2 of 2 #23-7367
SECTION 2. That the Director of Public Works is hereby ordered to prepare
and file a report in accordance with Article 4 of Chapter 1 of the “Landscaping
and Lighting Act of 1972,” being Division 15, Part 2 of the Streets and Highways
Code of the State of California, for the maintenance and operation of streets and
sidewalks within the assessment district, including the operation, maintenance,
and servicing of landscaping, lighting, and appurtenant facilities located in and
along such streets and sidewalks, for the Fiscal Year commencing July 1, 2023 and
ending June 30, 2024, all as set forth in this resolution.
SECTION 3. That a certified copy of this resolution be presented to the
Director of Public Works for their information and guidance.
SECTION 4. 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 proceeding of the City Council of said City in the minutes of the
meeting at which the same is passed and adopted.
PASSED, APPROVED, and ADOPTED this 9th day of May 2023.
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________
Myra Maravilla, MPA, CMC Patrick Donegan
City Clerk City Attorney
DocuSign Envelope ID: DBFDEC10-C6A6-4BFB-AE27-548A425F990D
2371013
State of California )
County of Los Angeles ) ss
City of Hermosa Beach )
May 23, 2023
Certification of Council Action
RESOLUTION NO. 23-7367
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE
A REPORT IN ACCORDANCE WITH ARTICLE 4 OF CHAPTER 1 OF THE
“LANDSCAPING AND LIGHTING ACT OF 1972”, BEING DIVISION 15,
PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND SERVICING OF
STREET AND SIDEWALK LANDSCAPING, LIGHTING AND APPURTENANT
WORK IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL
YEAR COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024.
I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify t hat the
above and foregoing Resolution No. 23-7367 was duly approved and adopted by
the City Council of said City at its regular meeting thereof held on the 9th day of
May 2023 and passed by the following vote:
AYES: MAYOR JACKSON, MAYOR PRO TEMPORE MASSEY, COUNCILMEMBERS
FRANCOIS, SAEMANN, and DETOY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
________________________________
Myra Maravilla, MPA, CMC
City Clerk
DocuSign Envelope ID: DBFDEC10-C6A6-4BFB-AE27-548A425F990D
2381014
ENGINEER’S REPORT
CITY OF HERMOSA BEACH
LANDSCAPING AND
STREET LIGHTING DISTRICT
2023-2024
239
ENGINEER'S REPORT
CITY OF HERMOSA BEACH
LANDSCAPING AND
STREET LIGHTING DISTRICT
2023-2024
Prepared By:
NV5
Jeffrey M. Cooper, PE
Senior Vice President
June 13, 2023
240
ENGINEER'S REPORT
CITY OF HERMOSA BEACH
LANDSCAPING AND STREET LIGHTING DISTRICT 2023-2024
TABLE OF CONTENTS
Certificate .................................................................................................. 1
Report........................................................................................................ 2
Part A - Plans and Specifications ................................................... 4
Part B - Estimate of Cost ................................................................ 5
Part C - Assessment Roll ............................................................... 6
Part D - Method of Apportionment of Assessment .......................... 7
Part E - Property Owner List........................................................... 9
Part F - Assessment District Boundary ........................................... 10
241
1
ENGINEER’S REPORT
CITY OF HERMOSA BEACH
LANDSCAPING AND STREET LIGHTING DISTRICT 2023-2024
The undersigned respectfully submits the enclosed report as directed by the City Council.
DATED: May 23, 2023
BY: Jeffrey M. Cooper, PE
Senior Vice President, NV5
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and
Diagram thereto attached was filed with me on the day of , 2023.
City Clerk, City of Hermosa Beach
Los Angeles County, California
By
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and
Diagram thereto attached, was approved and confirmed by the City Council of the City of
Hermosa Beach, California, on the day of , 2023.
City Clerk, City of Hermosa Beach
Los Angeles County, California
By
I HEREBY CERTIFY that the enclosed Assessment Roll and Diagram were filed with the
County Auditor of the County of Los Angeles, on the day of , 2023.
City Clerk, City of Hermosa Beach
Los Angeles County, California
By
242
2
FISCAL YEAR 2023-2024
CITY OF HERMOSA BEACH
ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE
LANDSCAPING AND LIGHTING ACT OF 1972, SECTION 22500 THROUGH
22679, OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California,
and in accordance with the Resolution of Initiation adopted by the Council of the City of
Hermosa Beach, State of California, in connection with the proceedings for:
HERMOSA BEACH
LANDSCAPING AND STREET LIGHTING DISTRICT 2023-2024
Hereinafter referred to as the "Assessment District" or "District", Jeffrey M. Cooper, PE,
Assessment Engineer, the duly appointed ENGINEER OF WORK, submit herewith the "Report"
consisting of six (6) parts as follows:
PART A
Plans and specifications for the improvements showing and describing the general nature,
location and extent of the improvements.
PART B
An estimate of the cost of the proposed improvements for FY 2023-2024, including incidental
costs and expenses in connection therewith.
PART C
An assessment of the estimated cost of the improvements on each benefited lot or parcel of
land within the Assessment District.
PART D
The method of apportionment of assessments, indicating the proposed assessment of the total
amount of the costs and expenses of the improvements upon the several lots and parcels of land
within the Assessment District, in proportion to the estimated benefits to be received by such lots
and parcels.
243
3
PART E
A list of the names and addresses of the owners of real property within the Assessment District,
as shown on the last equalized roll of the Assessor of the County of Los Angeles.
PART F
The Diagram of the Assessment District Boundaries showing the exterior boundaries of the
Assessment District, the boundaries of any zones within the Assessment District and the lines
and dimensions of each lot or parcel of land within the Assessment District.
244
4
PART A
PLANS AND SPECIFICATIONS
The facilities, which have been constructed within the City of Hermosa Beach, and those which
may be subsequently constructed, will be operated, serviced and maintained as generally
described as follows:
DESCRIPTION OF IMPROVEMENTS
FOR THE HERMOSA BEACH
LANDSCAPING AND STREET LIGHTING DISTRICT 2023-2024
The proposed improvements for FY 2023-2024 may be generally described as the continued
maintenance and operation of streets and sidewalks within the District, including the operation,
servicing and maintenance of landscaping, lighting and appurtenant facilities that are located in
and along such streets and sidewalks, including but not limited to, personnel, electrical energy,
utilities such as water, materials, contracting services, and other items necessary for the
satisfactory operation of these services described as follows:
Street Landscaping and Appurtenant Facilities
Landscaping, planting, shrubbery, trees and appurtenant facilities, including irrigation systems,
hardscapes and fixtures in public street and sidewalk rights-of-way, including parkways and
medians, within the boundaries of the Assessment District.
Street Lighting and Appurtenant Facilities
Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals,
metering devices and appurtenant facilities as required to provide street lighting and traffic signals
in public street and sidewalk rights-of-way, including parkways and medians, within the
boundaries of the Assessment District.
Maintenance means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of the landscaping, lighting facilities and appurtenant
facilities, including repair, removal or replacement of all or part of any of the landscaping, lighting
facilities or appurtenant facilities; providing for the life, growth, health and beauty of the
landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease
or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning,
sandblasting, and painting of walls and other improvements to remove or cover graffiti.
Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance
of any of the lighting facilities or appurtenant facilities and the furnishing of electric current or
energy, gas or other illuminating agent for the lighting facilities, or for the lighting or operation of
the landscaping or appurtenant facilities.
The plans and specifications for the improvements, showing and describing the general nature,
location, and the extent of the improvements, are on file in the office of the City Clerk and are
incorporated herein by reference.
245
5
PART B
ESTIMATE OF COSTS
LANDSCAPING AND STREET LIGHTING DISTRICT
Proposed Budget - Fiscal Year 2023-2024
The estimated cost of the operation, servicing and maintenance of the street and sidewalk
improvements for fiscal year 2023-2024, as described in Part A, are summarized herein and described
below.
Lighting and Landscaping Maintenance and Servicing
• Median & Pkwy Landscaping Maintenance and Servicing
• Lighting Maintenance and Servicing
• Tree Trimming
$657,602
Administration Costs $11,054
Insurance $235,343
L.A. County Tax Collection Costs $2,000
Equipment Replacement $54,851
Proposed Capital Improvements $0
Expenditures Subtotal: $960,850
Appropriation from Fund balance $30,329
Amount transferred from General Fund $468,524
Miscellaneous Revenues $4,348
Total Assessment: $457,649
Fund Balance 6/30/24 $0
Total amount of $239,245 will be transferred from the RTI Undersea Cable Fund and $1,590
will be transferred from the Tyco Fund to maintain the District for FY 2022–23.
An additional amount of $468,524 will be transferred from the General Fund to maintain
the District for FY 2023–24.
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the
District. Funds raised by assessment shall be used only for the purpose as stated herein. A
contribution to the District by the City may be made to reduce assessments, as the City Council
deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next
fiscal year.
Note: Total cost of the operation, servicing and maintenance of the Landscaping and Street
Lighting District 2023-2024 is estimated to be $960,850.
246
6
PART C
ASSESSMENT ROLL
The total proposed assessment for Fiscal Year 2023-2024 and the amount of the total proposed
assessment apportioned to each lot or parcel within the District, as shown on the latest
assessment roll at the Los Angeles County Assessor's Office, are contained in the Assessment
Roll on file in the office of the City Clerk of the City of Hermosa Beach, which is incorporated
herein by reference.
The description of each lot or parcel is part of the Los Angeles County assessment roll and this
roll is, by reference, made part of this Report.
247
7
PART D
METHOD OF APPORTIONMENT OF ASSESSMENT
GENERAL
Part 2, of Division 15, of the Streets and Highways Code, the Landscaping and Lighting Act of
1972, permits the establishment of assessment districts by cities for the purpose of providing
certain public improvements which include operation, maintenance and servicing of street lights,
traffic signals and landscaping.
The 1972 Act requires that maintenance assessments be levied according to benefit rather than
according to assessed value. Section 22573 provides that:
“The net amount to be assessed upon lands within an assessment district
may be apportioned by any formula or method which fairly distributes the
net amount among all assessable lots or parcels in proportion to the
estimated benefits to be received by each such lot or parcel from the
improvements.”
The Act permits the designation of zones of benefit within any individual assessment district if "by
reason of variations in the nature, location, and extent of the improvements, the various areas will
receive different degrees of benefit from the improvements" (Sec. 22574) Thus, the 1972 Act
requires the levy of a true "benefit assessment" rather than a "special tax."
Exempted from the assessment would be the areas of all publicly owned property in use in the
performance of a public function. Railroad and utility rights-of-way are also exempt from
assessment.
BENEFIT ANALYSIS
• Street Lighting and Traffic Signals - The proper functioning of street lighting and traffic
signals is imperative for the welfare and safety of the public and property throughout the City.
Proper operation, maintenance and servicing of the street lighting system benefits properties
within the District by providing proper illumination for ingress and egress and safe traveling at
night. Properties within the District also benefit from the proper functioning of the District's
traffic signal system. Proper operation of the streetlight and traffic signal systems is imperative
to public convenience, orderly traffic flow, enhanced congestion management and safety.
Improved security, fuel conservation, protection of property from crime and vandalism, and
reduction of traffic accidents, are special and direct benefits to all properties within the City;
lighting benefits are directly related to public safety and property protection and therefore
increase property values.
• Median and Parkway Landscaping and Tree Trimming - Trees, landscaping, hardscaping
and appurtenant facilities, if well maintained, provide beautification, shade and enhancement
of the desirability of the surroundings, and therefore increase property value.
The City maintains trees and miscellaneous shrubbery and landscaping throughout the City. The
trees, shrubbery and landscaping are located within the public street and sidewalk rights-of- way,
including parkways and medians. These trees, shrubbery and landscaping provide an
248
8
aesthetically pleasing environment, shade, beautification, and, according to some authorities, air
purification and sound attenuation. These positive attributes increase the value of all properties
throughout the City.
Therefore, all property within the District receive an overall specific and direct benefit from the
maintenance and servicing of the street median and parkway landscaping and street tree trimming
programs.
Special benefits which are received by all parcels in the City are considered to be City-wide
Benefits, and the associated costs of these special benefits are spread equally, based on
Equivalent Dwelling Units, to all parcels within the District. All properties in the District benefit
from the operation, maintenance and servicing of the street lighting, traffic signals, street median
and parkway landscaping and street tree trimming.
The degree of benefit to each parcel of land varies depending on its land use and the size of the
parcel. If assessments were spread on an individual parcel basis, not considering land use or
parcel size, it would not be an equitable method of spread because a single family parcel would
pay the same assessment as a 50-unit apartment parcel or a large commercial parcel. Therefore,
the method for spreading the improvement costs, which must be based on special and direct
benefit, is on an Equivalent Dwelling Unit (EDU) basis. The EDU method uses the residential
dwelling unit as the basic unit and compares other uses to it, as follows:
• Residential parcels are assessed based on the number of dwelling units on each parcel,
where each residential dwelling unit equals one EDU
• Non-residential parcels have been converted into EDU'S, based on engineering judgment
taking into consideration the size of the parcel and the amount of frontage along the street.
Every parcel is assessed a minimum of one (1) EDU.
There are a total of 11,041 EDU's within the Assessment District.
ASSESSMENT RATE CALCULATION
Based on a budget of $457,649 as shown in Part B of this report, the preliminary assessment
rate for FY 2023-2024 is calculated as follows:
$457,649 ÷ 11,041 EDU's = $41.45 per EDU
The assessment for FY 2022-2023 was $41.45 per EDU.
249
9
PART E
PROPERTY OWNER LIST
A list of names and addresses of the owners of all parcels within this District is shown on the last
equalized Property Tax Roll of the Assessor of the County of Los Angeles, which by reference is
hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown
on the Assessment Roll on file in the office of the City Clerk of the City of Hermosa Beach.
250
10
PART F
ASSESSMENT DISTRICT BOUNDARY
The boundaries of the District are coterminous with the boundaries of the City of Hermosa Beach.
A diagram showing the exterior boundaries of the District, the boundaries of any zones within the
District, and the lines and dimensions of each lot or parcel of land within the District is on file in
the office of the City Clerk of the City of Hermosa Beach, and is incorporated herein by reference.
The lines and dimensions of each lot or parcel within the District are those lines and dimensions
shown on the maps of the Assessor of the County of Los Angeles for fiscal year 2023-2024. The
Assessor's maps and records are incorporated by reference herein and made part of this report.
251
11
252
Page 1 of 2 RES NO. 23-
CITY OF HERMOSA BEACH
RESOLUTION NO. 23-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, APPROVING THE ENGINEER’S REPORT IN CONNECTION
WITH HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT
2023-2024
HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2023-2024
WHEREAS, the City Council of the City of Hermosa Beach, California, by its
Resolution No. 23-7367, adopted May 9, 2023, ordered the Director of Public Works
to prepare and file a report in accordance with Article 4 of Chapter 1 of the
Landscaping and Lighting Act of 1972, Part 2 of Division 15 (Section 22500, et seq.)
of the Streets and Highways Code of the State of California, in connection with
the proposed maintenance and operation of streets and sidewalks within an
existing assessment district to be designated as the “Hermosa Beach Landscaping
and Street Lighting District 2023-2024”, including the operation, maintenance and
servicing of landscaping, lighting and appurtenant facilities located in and along
such streets and sidewalks for the fiscal year commencing July 1, 2023 and ending
June 30, 2024; and
WHEREAS, under the direction of the Director of Public Works, the expert
Assessment Engineer, acting as the duly appointed Engineer of Work, prepared
and filed in the office of the City Clerk a written report in accordance with Article
4 of Chapter 1 of the Landscaping and Lighting Act of 1972; and
WHEREAS, the City Clerk presented the report of the expert Assessment
Engineer to the City Council, and the City Council carefully examined, inspected
and considered the report and is satisfied with the report and with each and all
of the items set forth therein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The report of the expert Assessment Engineer entitled
“Engineer’s Report, Hermosa Beach Landscaping and Street Lighting District 2023-
2024,” which was prepared and filed pursuant to the provisions of the
253
Page 2 of 2 RES NO. 23-
Landscaping and Lighting Act of 1972, Part 2 of Division 15 (Section 22500, et seq.)
of the Streets and Highways Code of the State of California, is hereby approved
as filed.
SECTION 2. This Resolution shall take effect immediately. The City Clerk shall certify
to the passage and adoption of this Resolution, shall cause the original of the
same to be entered among the original resolutions of the City Council, and shall
make a minute of the passage and adoption thereof in the minutes of the City
Council meeting at which the same is passed and adopted.
PASSED, APPROVED, and ADOPTED on this 13th day, June 2023.
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan,
City Clerk City Attorney
254
Page 1 of 3 RES NO. 23-
CITY OF HERMOSA BEACH
RESOLUTION NO. 23-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN
IMPROVEMENTS AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE
HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2023-
2024 FOR THE FISCAL YEAR BEGINNING JULY 1, 2023 AND ENDING JUNE
30, 2024, AND APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING
IN RELATION THERETO
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The public interest and convenience require, and it is the
intention of the City Council of the City of Hermosa Beach, California, to order
certain improvements within an existing citywide assessment district for the fiscal
year beginning July 1, 2023 and ending June 30, 2024, and to levy and collect
assessments against properties within the assessment district for that fiscal year.
SECTION 2. The proposed improvements are the continued maintenance
and operation of the streets and sidewalks within the assessment district including
the operation, servicing and maintenance of landscaping, lighting and
appurtenant facilities that are located in and along such streets and sidewalks.
SECTION 3. The assessment district is designated as the “Hermosa Beach
Landscaping and Street Lighting District 2023-2024.” The assessment district is
comprised of all of the City of Hermosa Beach, as shown in the Engineer’s Report
and on the “MAP OF LANDSCAPING AND STREET LIGHTING DISTRICT 2023-2024” on
file in the Office of the City Clerk.
SECTION 4. The assessments to be levied and collected against the
assessable lots and parcels of land within the assessment distric t for fiscal year
2023-2024 are not proposed to increase from those levied and collected in fiscal
year 2022-2023.
255
Page 2 of 3 RES NO. 23-
SECTION 5. Reference is hereby made to the report prepared by the
expert Assessment Engineer, entitled “Engineer’s Report, for Hermosa Beach
Landscaping and Street Lighting District 2023-2024,” on file in the Office of the City
Clerk, for a full and detailed description of the improvements, the boundaries of
the assessment district and any zones therein, and the proposed assessments
upon assessable lots and parcels of land within the assessment district.
SECTION 6. The improvements shall be provided pursuant to the provisions
of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 (Section 22500,
et seq.) of the Street and Highways Code of the State of California, and in
accordance with plans and specifications on file in the office of the City Clerk.
SECTION 7. The assessment shall be levied and collected at the same time
and in the same manner and with the same interest and penalties as general
taxes of the City, which are collected for the City by the Los Angeles County Tax
Collector.
SECTION 8. Public property owned by any public agency and in use in the
performance of a public function, which is included within the boundaries of the
assessment district shall be omitted and exempt from the assessment to be made
to cover the costs and expenses of the improvements.
SECTION 9. To expedite the making of the improvements, the City Council
may transfer into the “Hermosa Beach Landscaping and Street Lighting District
2023-2024 Fund,” out of any money in the General Fund, any sums as it shall deem
necessary, and the sums so transferred shall be deemed a loan to such fund and
shall be repaid in accordance with the Landscaping and Lighting Act of 1972.
SECTION 10. NOTICE IS HEREBY GIVEN that Tuesday, July 11, 2023, at the hour
of 6:30 PM in Civic Center Council Chambers, 1315 Valley Drive, Hermosa Beach,
California, is appointed as the date, time, and place for hearing protests to the
question of approving and confirming the levy of the proposed assessment.
SECTION 11. The City Clerk is hereby authorized, designated and directed
to give notice of the public hearing in the time, form and manner required by law.
256
Page 3 of 3 RES NO. 23-
SECTION 12. The EASY READER, a weekly newspaper of general circulation
circulated within the City, is hereby designated as the newspaper in which said
notice shall be published.
SECTION 13. This Resolution shall take effect immediately. The City Clerk shall
certify to the passage and adoption of this Resolution, shall cause the original of
the same to be entered among the original resolutions of the City Council and
shall make a minute of the passage and adoption thereof in the minutes of the
City Council meeting at which the same is passed and adopted.
PASSED, APPROVED, and ADOPTED on this day of 13th day, June 2023.
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan,
City Clerk City Attorney
257
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0323
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
APPROVAL OF ROAD REPAIR AND ACCOUNTABILITY
ACT OF 2017 (SENATE BILL 1) PROJECT LIST FOR THE
CITY OF HERMOSA BEACH FOR FISCAL YEAR 2023-24
(Public Works Director Joe SanClemente)
Recommended Action:
Staff recommends City Council:
1.Approve a resolution (Attachment 1)adopting a list of projects for Fiscal Year 2023-24 funded
by Senate Bill 1 Road Repair and Accountability Act of 2017; and
2.Direct staff to submit the project list (Attachment 2)and supporting documentation to the
California Transportation Commission by July 1, 2023.
Executive Summary:
Senate Bill 1 (SB 1),the Road Repair and Accountability Act of 2017,provides funding for the
maintenance and repair of local streets and roads through a Road Maintenance and Rehabilitation
Account (RMRA).To be eligible for Fiscal Year 2023-24 funding,the City must submit a project list to
the California Transportation Commission (CTC or Commission)by July 1,2023,with a resolution
documenting the approval of the City’s project list.
Background:
April 28,2017,the Governor of California signed SB 1 (Beall,Chapter 5,Statutes of 2017),known as
the Road Repair and Accountability Act of 2017,to address road maintenance,rehabilitation,and
critical safety needs on both the state highway system and local street and road system.SB 1
provides funding from sources including fuel excise taxes,commercial vehicle weight fees,local
transactions and use taxes, and federal funds.
A percentage of this funding is apportioned by formula to eligible cities and counties for road
maintenance,rehabilitation,and critical safety projects on the local street and road system.The
projected revenue for the City of Hermosa Beach in Fiscal Year 2023-24 is $487,384.
SB 1 revenue is not intended to replace existing local discretionary funding,such as General Fund or
Capital Improvement Funds,for road repair and maintenance projects.Therefore,it requires cities
City of Hermosa Beach Printed on 6/8/2023Page 1 of 5
powered by Legistar™258
Staff Report
REPORT 23-0323
Capital Improvement Funds,for road repair and maintenance projects.Therefore,it requires cities
and counties to maintain their existing commitment of local funds for street,road,and highway
purposes in order to remain eligible for an RMRA funding apportionment as defined by the
Maintenance of Effort (MOE)estimate.The MOE estimate establishes the minimum amount of
funding that the City of Hermosa Beach must continue to allocate on an annual basis toward street
and highway projects from local discretionary funds.
The State Controller’s Office (SCO)completed its review of the City’s certified General Fund
discretionary expenditures for street purposes for the period of July 1,2009 to June 30,2012.Based
on the review, the SCO set the City’s MOE at $833,246.
The City is required to submit a list of projects (Attachment 2)to the CTC each fiscal year.The FY
2023-24 list is due to the Commission by July 1,2023.The City is also required to develop and
submit a project expenditure report to the Commission by October 1,2023 for the FY 2022-23
expenditures and comply with all requirements including reporting requirements for RMRA funding.
RMRA funding may be used for road maintenance,rehabilitation,and critical safety projects on the
local street and road system.Streets and Highways Code (SHC)Section 2030 provides a number of
example projects and uses for RMRA funding that include, but are not limited to, the following:
·Road maintenance and rehabilitation;
·Safety projects;
·Railroad grade separations;
·Complete Streets components including active transportation purposes,pedestrian and
bicycle safety projects,transit facilities,and drainage and stormwater capture projects in
conjunction with any other allowable project; and
·Traffic control devices.
Additionally, RMRA projects may incorporate, where feasible, the following project elements:
·Technologies and material recycling techniques that lower greenhouse gas emissions and
reduce the cost of maintaining local streets and roads through material choice and
construction method;
·Systems and components in transportation infrastructure that recognize and accommodate
technologies including but not limited to Zero Emissions Vehicle (ZEV)fueling or charging and
infrastructure-vehicle communications for transitional or fully autonomous vehicles;
·Project features that increase resilience to the impacts of climate change,fires,floods,and
sea level rise; and
·Complete Streets elements that improve the quality of bicycle and pedestrian facilities and that
City of Hermosa Beach Printed on 6/8/2023Page 2 of 5
powered by Legistar™259
Staff Report
REPORT 23-0323
improve safety for all users of transportation facilities.
A city or county may spend its apportionment of RMRA funds on transportation priorities other than
those outlined in SHC Section 2030 if the city or county’s average pavement condition index (PCI)
meets or exceeds 80.Hermosa Beach currently has an average PCI below 80,therefore,the City
must spend the available funds on the types of projects listed above.
RMRA funds may also be used to satisfy a match requirement in order to obtain state or federal
funds for eligible projects.
Analysis:
Based on the expected revenues available for Fiscal Year 2023-24,staff has identified projects that
meet the Street and Highway Code guidance for projects for this year’s list.The recommended
projects are described below and in Attachment 2.
CIP 105-Annual Street Improvements
Total Fiscal Year 2023-2024 Budget: $2,740,000
CIP 105 would provide pavement rehabilitation of streets at various locations.The project will also
address limited quantities of deteriorated concrete sidewalk,curb and gutter,curb ramps,and
drainage deficiencies.
CIP 112-City Sidewalk Improvements
Total Fiscal Year 2023-2024 Budget: $880,000
CIP 112 would provide grinding,replacement,and other improvements to sidewalks throughout the
City to maintain and improve safety.
CIP 143-PCH Mobility Improvement Project
Total Fiscal Year 2023-2024 Budget: $51,851
CIP 143 would improve accessibility, mobility, and safety along the Pacific Coast Highway corridor.
CIP 160-PCH Traffic Improvements
Total Fiscal Year 2023-2024 Budget: $292,046
CIP 160 improves operational mobility along Pacific Coast Highway.The project also includes but is
not limited to truck turning radius, ADA curb ramps, striping, and pedestrian signal improvements.
CIP 188-Strand Bikeway and Walkway Improvements at 35th Street
City of Hermosa Beach Printed on 6/8/2023Page 3 of 5
powered by Legistar™260
Staff Report
REPORT 23-0323
Total Fiscal Year 2023-2024 Budget: $100,000
CIP 188 would improve accessibility and connectivity for bicyclists traveling between the Cities of
Hermosa Beach and Manhattan Beach via The Strand at 35th Street.
CIP 191-Annual Street Improvements
Total Fiscal Year 2023-2024 Budget: $1,564,000
CIP 191 would provide pavement rehabilitation of streets at various locations.The project will also
address limited quantities of deteriorated concrete sidewalk,curb and gutter,curb ramps,and
drainage deficiencies.
CIP 193-Pedestrian Crossing Safety Improvements
Total Fiscal Year 2023-2024 Budget: $497,100
CIP 193 would implement pedestrian safety and accessibility improvements at several uncontrolled
locations throughout the City.Improvements may include installation of rectangular rapid flashing
beacons (RRFB),median closures,modifications to parking to enhance sight lines,enhanced
pavement markings and signage,curb extensions,accessible ramp improvements,and other safety
measures as deemed appropriate.
CIP 195-City Sidewalk Improvements
Total Fiscal Year 2023-2024 Budget: $137,383
CIP 195 would provide repairs,replacements,and improvements to sidewalks throughout the City at
various locations to maintain and improve safety.
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:
·1.2 Priority investments.Use City Council established priorities and the Capital Improvement
Program (CIP) to identify and allocate funding for projects identified in the infrastructure plan.
Goal 2.Roadway infrastructure maintenance supports convenient,attractive,and complete
City of Hermosa Beach Printed on 6/8/2023Page 4 of 5
powered by Legistar™261
Staff Report
REPORT 23-0323
Goal 2.Roadway infrastructure maintenance supports convenient,attractive,and complete
streets and associated amenities.
Policies:
·2.1 Preventive street maintenance.Maintain streets,sidewalks and other public rights-of-
way to provide a reliable network for circulation through a proactive preventive maintenance
program.
·2.2 Pavement rating system.Prioritize roadway re-pavement projects by regularly evaluating
pavement ratings and identifying roadway segments with the greatest deficiencies.
·2.3 Street and sidewalk standards.Require the use of standardized roadway,sidewalk,
parkway,curb and gutter designs to ensure continuity and consistency as property redevelops
over time.
Fiscal Impact:
The projected SB 1 revenue for the City in Fiscal Year 2023-24 is $487,384,which would be
expended on projects listed in the Fiscal Year 2023-24 RMRA Project List (Attachment 2).
Attachments:
1.Draft Resolution Adopting a List of Projects for FY 2023-24 Funded by SB 1
2.Hermosa Beach Fiscal Year 2023-24 RMRA Project List
Respectfully Submitted by: 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 6/8/2023Page 5 of 5
powered by Legistar™262
Page 1 of 2 RES NO. 23-
CITY OF HERMOSA BEACH
RESOLUTION NO. 23-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24
FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of
2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into
law by the Governor in April 2017 to address the significant multi-modal
transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will
ensure the residents of the City of Hermosa Beach are aware of the projects
proposed for funding in our comm unity and which projects have been
completed each fiscal year; and
WHEREAS, the City of Hermosa Beach must adopt by resolution a list of
projects proposed to receive fiscal year funding from the Road Maintenance and
Rehabilitation Account (RMRA), created b y SB 1, which must include a description
and the location of each proposed project, a proposed schedule for the project’s
completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Hermosa Beach, will receive an estimated $487,384 in
RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City of Hermosa Beach is
receiving SB 1 funding and will enable the City of Hermosa Beach County to
continue essential road maintenance and rehabilitati on projects, safety
improvements, repairing and replacing aging bridges, and increasing access and
mobility options for the traveling public that would not have otherwise been
possible without SB 1; and
WHEREAS, the City of Hermosa Beach has undergone a robust public process
to ensure public input into our community’s transportation priorities/the project list;
and
WHEREAS, the City of Hermosa Beach used a Pavement Management
System to develop the SB1 project list to ensure revenues are being used on the
most high-priority and cost-effective projects that also meet the communities
priorities for transportation investment. The projects placed on the SB1 list for Fiscal
263
Page 2 of 2 RES NO. 23-
Year 2023-24 involves the rehabilitation of a street with a Pavement Condition Index
(PCI) ranging from 34 to 69; and
WHEREAS, the funding from SB1 will help the City of Hermosa Beach maintain
and rehabilitate various streets and sidewalks throughout the City of Hermosa
Beach this year and similar projects in the future; and
WHEREAS, the 2020 California Statewide Local Streets and Roads Needs
Assessment found that the City of Hermosa Beach’s streets and roads are in an At
Risk condition and this revenue will help us increase the overall quality of our road
system and over the next decade will bring our streets and roads into Good
condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and
roads infrastructure with a focus on basic maintenance and safety, investing in
complete streets infrastructure, and using cutting-edge technology, materials
and practices, will have significant positive co-benefits statewide. Without
revenue from SB1, the City of Hermosa Beach would have to otherwise delay
projects throughout the community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. The foregoing recitals are true and correct.
2. The following list in “Attachment 2” of newly proposed projects will be
funded in-part or solely with Fiscal Year 2023-24 Road Maintenance
and Rehabilitation Account revenues.
PASSED, APPROVED, and ADOPTED on this 13th day, June 2023.
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan,
City Clerk City Attorney
264
Agency Contact:Lucho Rodriguez(310) 318-0210LoCode:5155lrodriguez@hermosabeach.govPre- ConstructionConstruction Min. Max.CIP 105 Annual Street ImprovementsThis project proposes pavement rehabilitation of streets at various locations. The project will also address limited quantities of deteriorated concrete sidewalk, curb and gutter, curb ramps and drainage deficiencies.Locations TBD3/31/2024 12/1/202410 20CIP 112 City Sidewalk ImprovementsThis project will provide grinding, replacement, and other improvements to sidewalks throughout the City to maintain and improve safety.Locations TBD11/30/2024 5/31/202510 20CIP 143 PCH Mobility Improvement ProjectThis project is to improve accessibility, mobility and safety along the Pacific Coast Highway corridor.Pacific Coast Highway within City limits7/21/2025 10/30/202815 30CIP 160 PCH Traffic ImprovementsThis project improves operational mobility along Pacific Coast Highway. The project also includes improvements including but not restricted to truck turning radius, ADA curb ramps, striping and pedestrian signal improvements.Pacific Coast Highway and 14th St7/21/2021 6/30/202310 20CIP 188 Strand Bikeway and Walkway Improvements at 35th StreetThis project would provide improved accessibility and connectivity for bicyclists travelling between the Cities of Hermosa Beach and Manhattan Beach via The Strand at 35th Street.Hermosa Ave and 35th St7/1/2025 6/1/202615 30CIP 191 Annual Street ImprovementsThis project proposes pavement rehabilitation of streets at various locations. The project will also address limited quantities of deteriorated concrete sidewalk, curb and gutter, curb ramps and drainage deficiencies.7th St From Pacific Coast Highway To Prospect Ave17th St From Prospect Ave To EndGolden Ave From 16th St To EndProspect Ave12/1/2023 12/31/202410 20CIP 193 Pedestrian Crossing Safety ImprovementsThis project will implement pedestrian safety and accessibility improvements at several uncontrolled locations throughout the City. Improvements may include installation of rectangular rapid flashing beacons (RRFB), median closures, modifications to parking to enhance sight lines, enhanced pavement markings and signage, curb extensions, accessible ramp improvements, and other safety measures as deemed appropriate.Including but not limited to: Hermosa Avenue at 2nd, 4th, 6th, 19th, 24th, and 25th StreetsPier Avenue at Manhattan Avenue, Loma Drive, and Cypress Avenue245 Valley DriveHerondo Street at Monterey Boulevard4/30/2024 11/30/202410 20CIP 195 City Sidewalk ImprovementsThis project provides repairs, replacements, and improvements to sidewalks throughout the City at various locations to maintain and improve safety.Hermosa Ave From 13th St To 14th Ct34th St From Hermosa Ave To Palm DrValley Park Ave From 18th St To End11th St From Hermosa Ave To Beach Dr4/30/2023 9/1/202310 20STATE OF CALIFORNIA • CALIFORNIA TRANSPORTATION COMMISSIONSenate Bill (SB) 1 Proposed Project List Form Local Streets and Roads Program Agency Name:FYHermosa Beach23/24Summary of Proposed Project ListProject No.Project Title Project Description Project LocationEstimated Completion Date(mm/dd/yyyy)Estimated Useful Life (# of yrs)265
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0326
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
RESOLUTION APPROVING THE CITY’S PARTICIPATION
IN THE LOS ANGELES URBAN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
(Public Works Director Joe SanClemente)
Recommended Action:
Staff recommends City Council:
1.Adopt a resolution approving the City’s continued participation in the Los Angeles Urban
County Community Development Block Grant Program (Attachment 1); and
2.Authorize the City Manager to execute and the City Clerk to attest to a three-year cooperation
agreement with the County of Los Angeles,effective July 1,2024 through June 30,2027
subject to approval by the City Attorney (Attachment 2).
Executive Summary:
The Los Angeles County Development Authority (LACDA)recently issued an invitation to the City to
continue participating in the Urban County Community Development Block Grant (CDBG)Program.
The City is required to execute a three-year cooperation agreement with LACDA in order to continue
receiving annual CDBG funds.The new three-year participation period commences July 1,2024 and
extends through June 30, 2027.
Background:
Hermosa Beach has been a participating city under the Urban County CDBG Program since 2014.
The City currently receives an annual CDBG allocation of approximately $70,000.In recent years,the
City has made a push to construct projects that achieve citywide efforts in improving accessibility and
mobility for senior adults and disabled persons,and improving Safe Route to Schools with the
implementation of new access ramps, which are funded with CDBG funds.
At its May 26,2020 meeting,City Council adopted a resolution approving the City’s continued
participation in the Los Angeles Urban County Community Development Block Grant Program for the
three-year term beginning July 1,2021 and ending June 30,2024.As the prior three-year
qualification period reaches the June 30,2024 expiration date,LACDA requests that cities wishing to
City of Hermosa Beach Printed on 6/8/2023Page 1 of 4
powered by Legistar™266
Staff Report
REPORT 23-0326
continue participating in the Urban County CDBG Program renew for another three-year term.
Past Council Actions
Meeting Date Description
May 26, 2020 City Council adopted a resolution approving the City’s
continued participation in the Los Angeles Urban County
Community Development Block Grant (CDBG) Program for
the three-year term beginning July 1, 2021 and ending June
30, 2024.
Discussion:
The Community Development Block Grant Program is authorized under Title I of the Housing and
Community Development Act of 1974.The primary objective of Title I is to develop viable urban
communities by providing decent housing,a suitable living environment,and expanding economic
opportunities,principally for low-and moderate-income persons.The CDBG program,funded by the
U.S.Department of Housing and Urban Development (HUD),offers communities federal funds to
implement program activities that best meet the needs of their communities,in accordance with the
national objectives and requirements of the CDBG program.
The mission of the CDBG Program is to improve the quality of life for seniors and disabled persons,
increase accessibility,aid in the prevention of neighborhood deterioration,and meet other urgent
community development needs.LACDA administers the Los Angeles Urban County CDBG Program
on behalf of 48 small participating cities throughout the County.LACDA receives CDBG funds directly
from HUD on behalf of the participating cities.
To continue participating in the Los Angeles Urban County CDBG Program and remain eligible for
CDBG funds,the City is required to adopt a resolution approving the execution of a new three-year
cooperation agreement.The agreement must be executed to ensure compliance with requirements
set forth by HUD.If approved,the term of the City’s participation would extend an additional three-
years to June 30, 2027.
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 2.A public realm that is safe,comfortable,and convenient for travel via foot,bicycle,public
transit,and automobile and creates vibrant,people oriented public spaces that encourage active
City of Hermosa Beach Printed on 6/8/2023Page 2 of 4
powered by Legistar™267
Staff Report
REPORT 23-0326
living.
Policy:
·2.1 Prioritize public rights-of-way.Prioritize improvements of public rights-of-way that provide
heightened levels of safe,comfortable and attractive public spaces for all non-motorized
travelers while balancing the needs of efficient vehicular circulation.
Goal 3.Public rights-of-way supporting a multimodal and people-oriented transportation system
that provides diversity and flexibility on how users choose to be mobile.
Policies:
·3.1 Enhance public rights-of-way.Where right-of-way clearance allows,enhance public rights
-of-way to improve connectivity for pedestrians,bicyclists,disabled persons,and public transit
stops.
·3.2 Complete pedestrian network.Prioritize investment in designated priority sidewalks to
ensure a complete network of sidewalks and pedestrian-friendly amenities that enhances
pedestrian safety, access opportunities and connectivity to destinations.
·3.10 Require ADA standards.Require that all public rights-of-way be designed per Americans
with Disabilities Act (ADA)standards by incorporating crosswalks,curb ramps,pedestrian
signals, and other components to provide ease of access for disabled persons.
Fiscal Impact:
The City currently receives an annual CDBG allocation of approximately $70,000.Approving the
City’s continued participation in the CDBG Program would allow the City to fund capital improvement
projects that improve accessibility and mobility for the City.Using CDBG funds to implement eligible
capital improvement projects decreases the use of other funding sources.The preliminary FY 2023-
24 Budget,on the current City Council agenda,includes CDBG Funds of $366,406,which includes
funds from previous years’ allocations.
There is no fiscal impact to the City’s General Fund associated with the recommended action.CDBG
funds are restricted funds for approved eligible projects only.
Attachments:
1. Draft Resolution
2. Cooperation Agreement
3. Link to May 26, 2020 City Council Staff Report
Respectfully Submitted by: Andrew Nguyen, Associate Engineer
Concur: Stephanie Holst, Senior Engineer
Concur: Lucho Rodriguez, City Engineer
City of Hermosa Beach Printed on 6/8/2023Page 3 of 4
powered by Legistar™268
Staff Report
REPORT 23-0326
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 6/8/2023Page 4 of 4
powered by Legistar™269
Page 1 of 2 RES NO. 23-
CITY OF HERMOSA BEACH
RESOLUTION NO. 23-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA APPROVING PARTICIPATION IN THE LOS ANGELES URBAN
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BY
AUTHORIZING THE CITY MANAGER TO SIGN A COOPERATION
AGREEMENT WITH THE COUNTY OF LOS ANGELES
WHEREAS, the City of Hermosa Beach desires to participate in the Los
Angeles Urban County Community Development Block Grant (CDBG) Program
for the qualification period commencing on July 1, 2024 through June 30, 2027.
WHEREAS, the City authorizes the execution of a Cooperation Agreement
with the County of Los Angeles in order to receive said CDBG funds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council adopts and approves the County of Los
Angeles Participating City Cooperation Agreement between the City of Hermosa
Beach and the County of Los Angeles for the time period of July 1, 2024 through
June 30, 2027.
SECTION 2. The City Council authorizes the City Manager, or designee, to
execute any and all documents necessary for participation in the Los Angeles
Urban County CDBG Program on behalf of the City of Hermosa Beach.
SECTION 3. The City Council further authorizes the City Manager, or
designee, to timely execute all necessary CDBG Program contracts and
agreements with the Los Angeles County Development Authority, together with
any changes therein which may be approved by the City Manager and, as
necessary, the City Attorney.
PASSED, APPROVED, and ADOPTED on this 13thday, June 2023.
270
Page 2 of 2 RES NO. 23-
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan,
City Clerk City Attorney
271
May 2023 1
COUNTY OF LOS ANGELES
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
HOME INVESTMENT PARTNERSHIPS PROGRAM
EMERGENCY SOLUTIONS GRANT PROGRAM
PARTICIPATING CITY
COOPERATION AGREEMENT
This COOPERATION AGREEMENT (“Agreement”) is being entered into on
this 13th day of June 2023, to be effective on the 1st day of July 2024, by and between the CITY
OF HERMOSA BEACH, hereinafter referred to as “City,” and the County of Los Angeles, by
and through the Executive Director of the Los Angeles County Development Authority,
hereinafter referred to as “County,” and shall remain in effect for the County's
Consolidated Plan for Fiscal Years 2024-2026. The County and the City are collectively
referred to as the “Parties” or individually “Party.”
WITNESSETH THAT:
WHEREAS, in 1974, the U.S. Congress enacted and the President signed a law entitled,
the Housing and Community Development Act of 1974, as amended, herein called the “Act”;
WHEREAS, the Parties desire to cooperate to undertake, or assist in undertaking,
community development, community renewal of lower-income housing assistance activities,
specifically urban renewal and publicly assisted housing, including, but not limited to, the
improvement or development of housing for persons of low- to moderate-incomes, and other
community or urban renewal activities authorized by the Act, the Cranston-Gonzalez National
Affordable Housing Act (“NAHA”), and the U.S. Housing Act of 1937, as amended;
WHEREAS, the Community Development Block Grant (“CDBG”) Program, the HOME
Investment Partnerships (“HOME”) Program, and the Emergency Solutions Grant (“ESG”)
Program are required to have an approved comprehensive housing strategy as authorized under
NAHA;
WHEREAS, the County has requested of the U.S. Department of Housing and Urban
Development, hereinafter referred to as “HUD”, that the County be designated as an urban county,
hereinafter referred as to the “Los Angeles Urban County”;
WHEREAS, the City has participated with the County in the Los Angeles Urban County
Program and desires to renew its participation with the County in said Los Angeles Urban County
Program for the County's Consolidated Plan for Fiscal Years 2024-2026;
WHEREAS, as the Los Angeles Urban County designee, the County will take
responsibility and assume all obligations of an applicant under federal statu tes, including: the
analysis of needs, the setting of objectives, the preparation of community development and housing
assistance plans, the consolidated plan, and the assurances of certifications;
272
May 2023 2
WHEREAS, the terms and provisions of this Agreement are fully authorized under state
and local law, and this Agreement provides full legal authority for the County to undertake, or
assist in undertaking, essential community development and housing assistance activities,
specifically urban renewal and publicly assisted housing; and
WHEREAS, by executing this Agreement, the Parties hereby give notice of the intention
to participate in the Los Angeles Urban County Program.
NOW, THEREFORE, the Parties agree as follows:
1.The City hereby authorizes the County to perform, or cause to be performed, those
acts necessary or appropriate to implement the community development and
housing assistance activities. Specifically urban renewal and publicly assisted
housing, including, but not limited to, improvement or development of housing for
persons of low- to moderate-income, and other community or urban renewal
activities authorized under the Act for the City in the County's Consolidated Plan
for Fiscal Years 2024-2026, which will be funded from the CDBG Program, and,
where applicable HOME and ESG Programs, from federal annual appropriations
and from any program income generated from the expenditure of such funds.
In the event this Agreement extends into succeeding fiscal years and funds have not
been appropriated, this Agreement will automatically terminate as of June 30 of the
then-current fiscal year. The County will endeavor to notify the City in writing
within ten (10) days of receipt of non-appropriation notice.
2.This Agreement covers the following formula funding programs administered by
HUD where the County is awarded and accepts funding directly from HUD: The
CDBG Program, the HOME Program, and the ESG Program.
3.In executing this Agreement, the City understands the following:
a.The County has the final responsibility for selecting CDBG, and, where
applicable, HOME and ESG, activities and submitting the Consolidated Plan to
HUD.
b.The City is not eligible to apply for grants under the State CDBG (“Small Cities
CDBG”) Program for appropriations for the County's Consolidated Plan for
Fiscal Years 2024-2026.
c.The City may participate in the HOME Program only through the Los Angeles
Urban County Program. Thus, even if the County does not receive a HOME
formula allocation, the City cannot form a HOME consortium with other local
governments.
d.The City may participate in the ESG Program only through the Los Angeles
273
May 2023 3
Urban County Program.
4.The term of this Agreement shall be for the County's Consolidated Plan for Fiscal
Years 2024-2026 and commence on July 1, 2024 through June 30, 2027 ("Urban
County Term"). The Parties agree that they cannot terminate or withdraw from this
Agreement while it remains in effect. The City provides written notice at least 60
days prior to June 30 2026 that it elects not to participate in the next urban county
qualification period. Towards the end of the second year of the Urban County
Term, the County will notify the City in writing of its right not to participate in the
County's successive Consolidated Plan for the next three-year period.
The Parties agree to adopt amendments to this Agreement incorporating changes
necessary to meet the requirements for cooperation agreements set forth in HUD’s
Urban County Qualification for Participation Notice, prior to the subsequent three-
year extension of the term.
5.This Agreement shall be effective for the Urban County Term and for such period
of time for the expenditure of all CDBG funds, or where applicable, HOME and
ESG funds, allocated to the City under this Agreement and appropriations from any
program income therefrom and for the completion of the funded activities. The
Parties agree that they cannot terminate or withdraw from this Agreement while it
remains in effect.
6.The Parties agree to cooperate to undertake, or assist in undertaking, community
renewal and lower-income housing assistance activities, specifically urban renewal
and publicly assisted housing, including, but not limited to, the improvement or
development of housing for persons of low- to moderate-incomes, and other
community or urban renewal activities authorized by the Act.
The Parties in the performance of this Agreement shall take all actions necessary
or appropriate to assure compliance with the Los Angeles Urban County Program’s
certification under Section 104(b) of Title I of the Act, as amended, that the grant
will be conducted and administered in conformity with Title VI of the Civil Rights
Act of 1964; and the implementing regulations at 24 CFR Part 1, and the Fair
Housing Act, and the implementing regulations at 24 CFR Part 100, and will
affirmatively further fair housing. See 24 CFR § 91.225(a) and Affir matively
Furthering Fair Housing Definitions and Certifications (86 FR 30779, June 10,
2021), to be codified at 24 CFR 5.151 and 5.152, available at
https://www.federalregister.gov/documents/2021/06/10/2021-12114/restoring-
affirmatively-furthering-fair-housing-definitions-and-certifications.
Furthermore, the Parties in the performance of this Agreement shall take all actions
necessary or appropriate to assure compliance with Section 109 of Title I of the
Act, and the implementing regulations at 24 CFR Part 6, which incorporates Section
504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR
Part 8, Title II of the Americans with Disabilities Act, and the implementing
274
May 2023 4
regulations at 28 CFR Part 35, the Age Discrimination Act of 1975, and the
implementing regulation at 24 CFR Part 146, and Section 3 of the Housing and
Urban Development Act of 1968, and all other applicable laws and regulations.
The Parties agree that CDBG and, where applicable, HOME and ESG funding is
prohibited for any activities in, or in support of, any cooperating City that does not
affirmatively further fair housing within its own jurisdiction or that impedes the
County’s action to comply with its fair housing certification. The City
acknowledges and agrees to HUD’s 424-B Form, Assurances and Certifications.
7.Pursuant to 24 CFR § 570.501(b), the City is subject to all requirements applicable
to subrecipients, including the requirement of a written agreement as set forth in 24
CFR § 570.503.
8.The City shall report to the County of any income generated by the use of CDBG
and, where applicable, HOME and ESG funds received by the City. Any such
program income, if applicable, must be remitted to the County within 30 days of
receipt. Such program income may be used for eligible activities in accordance with
all CDBG and, where applicable, HOME and ESG, requirements as may then
apply.
9.The County shall be responsible for monitoring and reporting to HUD on the use
of any program income; therefore, the City shall be required to maintain appropriate
record keeping and reporting for this purpose.
10.The City may not sell, trade or otherwise transfer all or any portion of CDBG, and,
where applicable, HOME and ESG funds to another metropolitan city, urban
county, unit of general local government, or Indian tribe, or insular area that directly
or indirectly receives CDBG, and, where applicable, HOME and ESG funds in
exchange for any other funds, credits or non-federal consideration, but must use
such funds for activities eligible under Title I of the Act.
11.In the event of grant close-out or termination of this Agreement, any program
income that is on hand or received subsequent to the close-out or change in status
shall be paid to the County within 60 days after grant closeout or termination of this
Agreement.
12.All program income generated from the disposition or transfer of real property
acquired or improved by the City using CDBG and, where applicable, HOME and
ESG, funds or program income, during the Urban County Term, shall be subject to
all the terms and conditions of this Agreement.
13.Any real property which is acquired or improved by the City during the term of this
Agreement, in whole or in part, using CDBG and/or HOME and ESG funds or
program income in excess of $25,000, shall be subject to the following standards:
275
May 2023 5
a.The County shall be notified by the City in writing of any modification or
change in the use or disposition of such real property from that planned at
the time of the acquisition or improvement. Such notification shall be made
prior to the modification, change in use or disposition.
b.If such real property is sold within five (5) years or transferred for a use
which does not qualify as an eligible activity under CDBG and/or HOME
and ESG regulations, the City shall reimburse to the County an amount
equal to the pro-rata share of the current fair market value of the property
or proceeds from the sales. The pro-rata share shall be calculated by
multiplying the current market value by the percentage of the purchase price
paid with CDBG funds or program income.
14.The City shall make available for inspection and audit to County’s and HUD’s
representatives, upon request, at any time during the duration of this Agreement
and for a period of five (5) years thereafter, all of its books and records relating to
CDBG and, where applicable, HOME and ESG, program activities and income.
15.Following the end of the three-year reimbursable contract period and after resolving
any financial or programmatic findings, if the City elects to leave the Los Angeles
Urban County Program and is not eligible to become an entitlement city, the City
will be unable to request that its allocation or any remaining balance be transferred
to the City. Any remaining balance will be transferred to the funding pool of the
Supervisorial District in which the City is located.
16.The City has adopted and is enforcing:
a.A policy prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in non-violent civil
rights demonstrations; and
b.A policy of enforcing applicable state and local laws against physically
barring entrance to or exit from a facility or location which is the subject of
such non-violent civil rights demonstrations within its jurisdiction.
17.The City shall provide a drug-free workplace by:
a.Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is
prohibited in the City’s workplace and specifying the actions that will be
taken against employees for violation of such prohibition.
b.Establishing an ongoing drug-free awareness program to inform employees
about:
i.The dangers of drug abuse in the workplace;
276
May 2023 6
ii.The City’s policy of maintaining a drug-free workplace;
iii.Any available drug counseling, rehabilitation, and employee
assistance programs; and
iv.The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
c.Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by
paragraph “a” of this Section 17.
d.Notifying the employee in the statement required by paragraph “a” of this
Section 17 that, as a condition of employment funded by the CDBG, and
where applicable, HOME and ESG grant, the employee will:
i.Abide by the terms of the statement; and
ii.Notify the City in writing of his or her conviction of a violation of a
criminal drug statute occurring in the workplace no later than five
(5)calendar days after such conviction.
e.Notifying the County in writing, within ten (10) calendar days after
receiving notice under subparagraph d(ii) of this Section 17 from an
employee or otherwise receiving actual notice of any such conviction; and
the City must provide written notice, including position or title, of any City
employees convicted of any criminal drug statute to every County officer
or other designee who processed a CDBG, HOME, or ESG grant which
funded any activity on which the convicted employee was working, unless
HUD has designated an identification number(s) of each affected grant.
f.Taking one (1) of the following actions, within 30 calendar days of
receiving notice under subparagraph d(ii) of this Section 17, with respect to
any employee who is so convicted:
i.Taking appropriate personnel action against such an employee, up
to and including termination, consistent with the requirements of the
Rehabilitation Act of 1973, as amended; or
ii.Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purpose by a
federal, state, local health, law enforcement, or other appropriate
agency.
g.Making a good faith effort to continue to maintain a drug-free workplace
through the implementation of paragraphs a, b, c, d, e, and f, of this Section
17.
277
May 2023 7
18.This Agreement may be executed in any number of counterparts, each of which
shall be effective only upon delivery, and therefore shall be deemed an original,
and all of which shall constitute one and the same document, for the same effect as
if all parties hereto had signed the same signature page.
The facsimile, email, or other electronically delivered signature of the Parties shall
be deemed to constitute original signatures, and facsimile or electronic copies
hereof shall be deemed to constitute duplicate originals.
278
IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has
caused this Agreement to be subscribed by the Executive Director of the LACDA, and the City
has subscribed the same through its duly authorized officers, on the day, month, and year first
above written.
County Counsel Certification
The office of the County Counsel hereby certifies that the terms and provisions of this
Agreement are fully authorized under state and local laws, and that the Agreement provides full
legal authority for the County to undertake or assist in undertaking essential community
development and housing assistance activities, specifically urban renewal and public assisted
housing.
By: ___________________________________ ___________________________
Principal Deputy County Counsel Date
COUNTY OF LOS ANGELES
By: ________________________________
EMILIO SALAS, Executive Director
Los Angeles County Development Authority
ATTEST:
City Clerk
By: ________________________________
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By: ________________________________
BEHNAZ TASHAKORIAN
Principal Deputy County Counsel
CITY OF HERMOSA BEACH
By: ________________________________
MAYOR OR DESIGNEE
APPROVED AS TO FORM:
By: ________________________________
CITY ATTORNEY
279
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0355
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
PARTICIPATION IN BEACH CITIES TRANSIT (BCT) LINE 109
AGREEMENT, WITH NO REQUIRED FINANCIAL CONTRIBUTION
FROM THE CITY FOR FISCAL YEAR 2023-2024, WITH THE CITIES
OF EL SEGUNDO, MANHATTAN BEACH AND REDONDO BEACH,
FUNDED FROM PROPOSITION A FUNDS
(Community Development Director Carrie Tai)
Recommended Action:
Staff recommends City Council:
1.Approve participation in the Beach Cities Transit (BCT)Line 109 along with the other beach
cities, with no required financial contribution from the City for Fiscal Year 2023-2024; and
2.Authorize the Mayor to sign and the City Clerk to attest to the Transit Service Operation
Agreement subject to approval by the City Attorney (Attachment 1).
Executive Summary:
The Beach Cities Transit (BCT)Line 109 provides service for a portion of former Line 439 that was
discontinued by Metro in 2006.Since that time,Hermosa Beach along with the cities of El Segundo,
Manhattan Beach,and Redondo Beach have participated in a cost-share agreement to provide
funding for BCT Line 109 operation.BCT Line 109 route runs from Redondo Beach Riviera Village to
LAX City Bus Center.The current agreement is set to expire on June 30,2023 and the participating
cities desire to enter into a new agreement for a one-year term ending June 30, 2024.
Background:
The City of Redondo Beach is a municipal transit operator and annually receives dedicated transit
funds under the Formula Allocation Procedures (FAP),which incorporates transit performance data to
allocate transit funding.The Los Angeles County Metropolitan Transportation Authority (MTA)
allocates the FAP funds,consisting of dedicated Proposition A and C,Measure R and Measure M
funds,in addition to other dedicated transit funding,to the municipal transit operators.BCT Line 109
is funded through this combination of regional FAP transit funds,fare revenues from riders,and
dedicated Proposition A Local Return Transportation Funds.Redondo Beach estimates BCT Line 109
would be fully funded by the dedicated transit funding and other State funds.
City of Hermosa Beach Printed on 6/8/2023Page 1 of 5
powered by Legistar™280
Staff Report
REPORT 23-0355
On July 1,2006,Redondo Beach and Hermosa Beach entered into the first Transit Service Operation
Agreement to enable BCT Line 109 to take over public transportation services for the discontinued
Los Angeles County MTA Line 439 for a two-year term.Redondo Beach and Hermosa Beach
subsequently entered into new agreements relating to Line 109 in 2008,2010,2011,2012,2013,
2015, 2017, 2019, 2020, 2021 and 2022.
Past Council Actions
Meeting Date Description
June 1, 2006 Approval of participation in Beach Cities Transit (BCT) Line
109 two-year agreement
November 25, 2008 Approval of participation in Beach Cities Transit (BCT) Line
109 two-year agreement
July 27, 2010 Approval of participation in Beach Cities Transit (BCT) Line
109 one-year agreement
April 26, 2011 Approval of participation in Beach Cities Transit (BCT) Line
109 one-year agreement
June 16, 2012 Approval of participation in Beach Cities Transit (BCT) Line
109 one-year agreement
June 25, 2013 Approval of participation in Beach Cities Transit (BCT) Line
109 two-year agreement
June 9, 2015 Approval of participation in Beach Cities Transit (BCT) Line
109 two-year agreement
June 15, 2017 Approval of participation in Beach Cities Transit (BCT) Line
109 two-year agreement
May 28, 2019 Approval of participation in Beach Cities Transit (BCT) Line
109 one-year agreement
May 26, 2020 Approval of participation in Beach Cities Transit (BCT) Line
109 one-year agreement
June 22, 2021 Approval of participation in Beach Cities Transit (BCT) Line
109 one-year agreement
June 14, 2022 Approval of participation in Beach Cities Transit (BCT) Line
109 one-year agreement
Analysis:
BCT initially estimated the FAP fund sources would fully cover the operating expenses and costs
associated with the installation of Real-Time Information (RTI)capital equipment and systems,and
related operation expenses. Therefore, the City’s contribution for FY 2023-24 would be $0.
During the COVID-19 Pandemic,BCT service hours were reduced in March 2020,and fare collectionCity of Hermosa Beach Printed on 6/8/2023Page 2 of 5
powered by Legistar™281
Staff Report
REPORT 23-0355
During the COVID-19 Pandemic,BCT service hours were reduced in March 2020,and fare collection
enforcement was suspended.BCT’s 109 service hours were reinstated in July 2021,and fare
collection and BCT bus pass sales resumed in October 2022.Other transit enhancements such as
the Real-Time Information (Google Maps,Transit App,Moovit,etc.)and TAP cards continue to give
passengers a seamless ride on BCT and other regional transit systems.BCT has experienced a
significant drop in ridership,since the COVID-19 pandemic response began in March 2020.Public
Transit services throughout the region saw workers,students,and the general public previously using
public transit vanish,leaving essential workers as the majority of ridership.BCT service hours were
reduced to adjust to the new environment.Despite reduced service hours,costs increased due to
the new transit operations contract that began in July 2020.Transit ridership continues to be in
recovery,and BCT is approximately 80 percent of pre-COVID levels,consistent with regional and
national transit providers.Staff continues to monitor ridership.Public notices and all updates
regarding the service modifications were provided to the beach cities partners,posted on the Beach
Cities Transit webpage and on Twitter @RedondoBeachBCT.
Redondo Beach awarded a new agreement to Transportation Concepts,Inc.on May 5,2020 for
Fiscal Years 2020-2021 through 2022-2023 with an option to extend two years through Fiscal Year
2024-25.The new agreement with Transportation Concepts would increase service costs.However,
Redondo Beach would have reduced Compressed Natural Gas (CNG)fuel costs,due to the new
CNG fueling station that was recently installed at the Redondo Beach public works yard.
BCT would fully fund the operating expenses incurred by the transit contractor,and fuel expenses.
Operating expenses are incorporated in the service hour rates and include without limitation,driver
wages,general administration and overhead,and maintenance costs.In addition,BCT awarded a
contract to GMV Syncromatics to provide Real-Time Information (RTI)services on the transit buses
and has installed Real-Time Information (RTI)capital equipment and systems,and related operation
expenses.The system has been operational since September 2020.RTI System expenses include
without limitation,capital equipment,passenger/administration interface programs,cellular and
internet hosting of RTI services and report management programs.RTI allows passengers to receive
real-time,up-to-date transit information provided by vehicle GPS tracking to predict when the next
vehicle would arrive at any given transit stop,thereby reducing wait times and the reliance on
schedules.This system improves customer service,increases customer satisfaction,and improves
visibility of transit in the community.RTI can be received through phone,website,smartphone
applications,and SMS text messaging.RTI is also available to users of Google Maps which would
include live arrival and departure times to bus stops and service alerts.
Redondo Beach continues moving forward with enhancing future public transit in the South Bay
region.Construction of the new transit center,located at 1521 Kingsdale Avenue in Redondo Beach,
was completed in February 2023 and is operational.It includes 12 bus bays,a passenger waiting
area,automated transit ticket machine,driver operator lounge,bike facilities,and 339 parking
spaces.The transit center is a major transit connection,served by Metro,Torrance Transit,GTrans,
City of Hermosa Beach Printed on 6/8/2023Page 3 of 5
powered by Legistar™282
Staff Report
REPORT 23-0355
spaces.The transit center is a major transit connection,served by Metro,Torrance Transit,GTrans,
Lawndale Beat,and BCT.In addition,this location is under consideration as a rail stop for the Metro
Green Line Rail Extension.
With the 2022 Agreement set to expire on June 30,2023,the participating cities desire to enter into a
new agreement on the terms and conditions set forth in the attached agreement (Attachment 1).If
approved,the new Transit Service Operation Agreement would be effective July 1,2023 and would
have a one-year term expiring on June 30, 2024.
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 1.Complete Streets that serve the diverse functions of mobility,commerce,recreation,
and community engagement for all users whether they travel by walking,bicycling,transit,or
driving.
Policy:
·1.1 Consider all modes.Require the planning,design,and construction of all modes
of travel to create safe, livable and inviting environments for all users of the system.
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.
Policy:
·3.4 Access opportunities.Provide enhanced mobility and access opportunities for
local transportation and transit services in areas of the city with sufficient density and
intensity of uses,mix of appropriate uses,and supportive bicycle and pedestrian network
connections that can reduce vehicle trips within the city’s busiest corridors.
Fiscal Impact:
Currently,there are no funding shortfalls for the transit service,therefore Redondo Beach is not
requesting a City of Hermosa Beach contribution for FY 2023-2024.As such,there is no
corresponding request to Council to appropriate Proposition A funds for BCT Line 109 in the 2023-24
Preliminary Budget for BCT Line 109.
Estimated Line 109 Costs Estimated Transit Funding
Operation $1,603,888
Fuel $268,307
RTI Capital/Ops $11,639
Total Estimate $1,883,834
Operation/RTI Funding FAP $1,808,834
Fare Revenues $75,000
Total Estimated Revenues $1,883,834
Net Shortfall NoneCity of Hermosa Beach Printed on 6/8/2023Page 4 of 5
powered by Legistar™283
Staff Report
REPORT 23-0355Estimated Line 109 Costs Estimated Transit Funding
Operation $1,603,888
Fuel $268,307
RTI Capital/Ops $11,639
Total Estimate $1,883,834
Operation/RTI Funding FAP $1,808,834
Fare Revenues $75,000
Total Estimated Revenues $1,883,834
Net Shortfall None
BCT Line 109 Cost Sharing Estimates Discussion for Fiscal Year 2022-2023
The estimated annual operating cost to operate regular service for BCT Line 109 is approximately
$1,883,834 for the operation of 20,285 projected annual service hours.Cost increases from the prior
year are the result of increased fuel expenses,the transit contractor annual operating increases,and
real-time information system expenses.The services would be funded by Relief and Economic
Security (CARES)Act,Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA),
American Rescue Plan Act (ARPA), and Proposition A Local Return Funds.
Based on the preliminary FAP fund marks issued by Metro in March 2023,the City estimates FY
2023-24 BCT Line 109 operations will be fully-funded.
Attachments:
1.Transit Service Operation Agreement for Fiscal Year 2023-2024
2.Cost Sharing Proposal April 13, 2023
3.Link to November 25, 2008 City Council Agenda
4.Link to July 27, 2010 City Council Agenda
5.Link to April 26, 2011 City Council Agenda
6.Link to June 26, 2012 City Council Agenda
7.Link to June 25, 2013 City Council Agenda
8.Link June 9, 2015 City Council Staff Report
9.Link June 15, 2017 City Council Staff Report
10.Link May 28, 2019 City Council Staff Report
11.Link May 26, 2020 City Council Staff Report
12.Link June 22, 2021 City Council Staff Report
13.Link June 14, 2022 City Council Staff Report
Respectfully Submitted by: 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 6/8/2023Page 5 of 5
powered by Legistar™284
1
TRANSIT SERVICE OPERATION AGREEMENT
BETWEEN THE CITY OF REDONDO BEACH AND
THE CITY OF HERMOSA BEACH
THIS TRANSIT SERVICE OPERATION AGREEMENT (this “Agreement”) is entered
into by and between the City of Redondo Beach (“Redondo Beach”), on behalf of Beach
Cities Transit (“BCT”), which is a division of Redondo Beach, and the City of Hermosa
Beach (“Hermosa Beach”).
RECITALS
A. WHEREAS, on July 1, 2006, Redondo Beach and Hermosa Beach entered into that
certain Transit Service Operation Agreement (“First Agreement”) to enable BCT Line
109 as described in Attachment A to take over public transportation services for the
discontinued LACMTA Line 439 for a two (2) year term.
B. WHEREAS, Redondo Beach and Hermosa Beach subsequently entered into new
agreements relating to Line 109 in 2008, 2010, 2011, 2012, 2013, 2015, 2017, 2019,
2020, 2021, and 2022 (the "2022 Agreement").
C. WHEREAS, the 2022 Agreement expires on June 30, 2023, and the parties desire to
enter into a new agreement on the terms and conditions set forth below.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. TERM
This Agreement shall be effective as of July 1, 2023, and shall have a one (1) year term
expiring on June 30, 2024. Hermosa Beach acknowledges that an agreement in similar
form to this Agreement or an amendment may be negotiated for continued Line 109
service beyond June 30, 2024. In the event Hermosa Beach intends to renew this
Agreement, Hermosa Beach shall notify Redondo Beach of its intent to renew at least
182 days prior to the expiration of this term.
2. SERVICE DESCRIPTION
A. Redondo Beach shall operate Line 109 consistent with the maps shown in
Attachment A, which is attached hereto and by this reference incorporated herein
("Line 109" or the "Service").
B. Redondo Beach shall operate Line 109 on the days of the week, service times and
days, and frequencies of service equal to or better than that which was operated by
BCT immediately prior to the effective date of this Agreement. The service
schedules for Line 109, as illustrated in Attachment B is attached hereto and by
this reference incorporated herein.
285
2
C. Redondo Beach may adjust the route and schedule of Line 109; however, any
changes or reductions to the Service in excess of 10% shall be brought to Hermosa
Beach in writing for review and comment prior to implementation.
D. Redondo Beach reserves its rights, at its sole discretion, to enter into contracts for
Line 109 service with any other provider of its choice at any time without the
approval of Hermosa Beach. Redondo Beach shall be responsible for any and all
aspects of administration of the service contract, and shall assure that the contract
includes provisions pertaining to insurance, age, maintenance and operation of
vehicles, driver qualifications and other similar provisions typical of an agreement
of that kind.
E. Redondo Beach shall base the percentage of cost for Line 109 on the route service
mile calculations, as illustrated in the attached Attachment C.
3. PASSENGER FARES
Redondo Beach may charge fares for the Service consistent with their existing fixed-
route service. Redondo Beach will accept interagency transfers with adjacent transit
operators and participate in the EZ Pass Program. Redondo Beach shall retain all
farebox revenues. BCT Line 109 passenger fare revenues shall be used to offset
operation expenses.
4. FUNDING
A. For costs associated with the operation of Line 109, Hermosa Beach shall pay
Redondo Beach in accordance with this Section. Hermosa Beach shall not pay
Redondo Beach for capital costs nor shall Hermosa Beach provide equipment to
operate the Service.
B. FY 2023-24: Funding from Hermosa Beach shall be $0 for fiscal year 2023-24.
Service operating expenses are incorporated in the service hour rates and include
without limitation, driver wages, general administration and overhead, and
maintenance costs. The calculation for these estimated costs shall be in accordance
with the Management Agreement for the Operation and Maintenance of Beach
Cities Transit Fixed Route Transit Between the City of Redondo Beach and Parking
Concepts, Inc. dba Transportation Concepts. The estimated revenues shall be
based on the LACMTA funding formula and the prior fiscal year’s fare revenues
for Line 109.
Real Time Information (“RTI”) system operating expenses include without
limitation, capital equipment, passenger/administration interface programs,
cellular and internet hosting of RTI services and report management programs.
C. Redondo Beach is responsible for all marketing and promotion of the service.
Notwithstanding the foregoing, Hermosa Beach may advertise at its sole expense,
but any reference to BCT must be approved in writing by Redondo Beach prior to
such reference. Only the BCT logo may be used to advertise or market the service.
286
3
D. On a quarterly basis, BCT will meet with Hermosa Beach to develop additional
marketing strategies directed towards increasing BCT Line 109 ridership.
Hermosa Beach shall provide assistance for public outreach and information to
target Hermosa Beach residents and non-resident community members.
5. REPORTING/INVOICING
A. Redondo Beach shall report to Hermosa Beach on a quarterly basis, all of the
following data for the Line 109 Service:
(1) Passengers carried
(2) Revenue hours operated
(3) Revenue miles operated
(4) Total operating costs, including service operating expenses and
RTI capital and operating expenses
B. Redondo Beach shall submit said report to the Hermosa Beach City Manager in
writing within fifteen (15) days after the end of each reporting quarter.
C. Redondo Beach shall submit quarterly reports to the Hermosa Beach City Manager.
D. Redondo Beach shall incorporate Line 109 data into its Federal Transit
Administration’s National Transit Data (NTD) annual report for the entire BCT
fixed route transportation system. Redondo Beach shall provide to Hermosa Beach
annual NTD random sampling data which provides the statistics to estimate the
number of passengers boarding and alighting by stop in Hermosa Beach, and the
total estimated Hermosa Beach passengers. Redondo Beach shall be responsible
for any and all aspects of administration of the service contract, and shall include
provisions pertaining to insurance.
E. Hermosa Beach retains the right to audit the BCT’s records of Line 109 Service,
and to periodically monitor the Service.
F. Redondo Beach shall schedule quarterly joint meetings with the partnering cities of
El Segundo, Hermosa Beach, and Manhattan Beach. Redondo Beach will provide
a quarterly update of Line 109 services, and discuss coordinated marketing and
public outreach efforts and operating and financing issues that affect BCT services.
6. INSPECTION OF RECORDS
BCT records relevant to this Agreement shall be available for inspection by Hermosa
Beach at all reasonable times for a period of at least three (3) years for each year or
after the termination date, whichever comes first.
7. NON-DISCRIMINATION
No person shall on the grounds of race, color, religion, national origin, ancestry, age,
sex, physical or mental disability, be excluded from participation in, or be subject to
discrimination in the operation of the Line 109 Service.
287
4
8. COORDINATION
A. Redondo Beach shall coordinate its BCT services, to the extent practical, so that
passengers transferring between transit operators will have minimal waiting times.
This coordination will require transit agencies to communicate with each other as
many weeks as possible in advance of any planned schedule change to the services
that may affect passenger transfers.
B. The Hermosa Beach Project Manager for this project shall be the City Manager or
his/her designee. BCT coordinator for this project shall be the Community Services
Director or his/her designee.
9. WAIVER OF BREACH
The waiver of each party of any breach of any provision of this Agreement shall not
operate or be construed as a waiver of any subsequent breach of that same or any other
provision.
10. NOTICES
A. All notices, requests, demands, or other communications under this Agreement
shall be in writing. Notice shall be given as follows:
(1) Personal Delivery. Personally delivered to the recipient. Notice is
effective on delivery.
(2) First Class Mail. First class to the last address of the recipient
known to the party giving notice. Notice is effective three mail
delivery days after deposit in a United States Postal Service office
or mailbox.
(3) Certified Mail. Certified mail with return receipt requested. Notice
is effective on receipt, if delivery is confirmed by a return receipt.
(4) Overnight Delivery. Delivered by an overnight delivery service,
charges prepaid or charged to the sender’s account. Notice is
effective on delivery, if delivery is confirmed by the delivery
service.
(5) Email. Sent by email to the last email address of the recipient
known to the party giving notice. Notice is effective upon receipt.
Any notice given by email shall be deemed received on the next
business day if it is received after 5:00 p.m. (recipient’s time) or
on a non-business day.
288
5
Addresses for purpose of giving notice shall be as follows:
Beach Cities Transit: City of Redondo Beach
Transit Operations and Transportation Facilities Manager
Attention: Line 109
415 Diamond Street
Redondo Beach, CA 90277
Email: joyce.rooney@redondo.org
With a copy to: City of Redondo Beach
The City Clerk’s Office
415 Diamond Street
Redondo Beach, CA 90277-2836
Email: cityclerk@redondo.org
City of Hermosa Beach: City of Hermosa Beach
Community Development Director
1315 Valley Drive
Hermosa Beach, CA 90254-3885
Attention: Carrie Tai
Email: CTai@hermosabeach.gov
With a copy to: City Clerk
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254-3885
Email: cityclerk@hermosabeach.gov
B. Any correctly addressed notice that is refused, unclaimed, or undeliverable because
of an act or omission of the party to be notified, shall be deemed effective as of the
first date the notice was refused, unclaimed or deemed undeliverable by the postal
authorities, messenger or overnight delivery service.
C. Either party may change its address or email address number by giving the other
party written notice of the change.
11. SEVERABILITY
Should any part, term or provision of this Agreement or any document required herein
to be executed be declared invalid, void or unenforceable, all remaining parts, terms
and provisions hereof shall remain in full force and effect and shall in no way be
invalidated, impaired or affected thereby.
289
6
12. INTEGRATION; AMENDMENT
This Agreement represents the entire understanding of Hermosa Beach and Redondo
Beach as to those matters contained in it. No prior oral or written understanding shall
be of any force or effect with respect to the subject matter hereof. The Agreement may
not be modified or altered except by written amendment executed by both parties.
13. INTERPRETATION
The terms of this Agreement should be construed in accordance with the meaning of
the language used and should not be construed for or against either party by reason of
the authorship of this Agreement or any other rule of construction that might otherwise
apply.
14. GOVERNING LAW; JURISDICTION
This Agreement will be administered and interpreted under the laws of the State of
California. Jurisdiction of any litigation arising from the Agreement will be in Los
Angeles County, California.
15. COMPLIANCE WITH STATUTES AND REGULATIONS
BCT will be knowledgeable of and will comply with all applicable federal, state, county
and city statutes, rules, regulations, ordinances and orders.
16. NON-LIABILITY OF CITIES
No officer or employee of either city shall be personally liable to the other, in the event
of any default or breach thereunder.
17. INDEMNIFICATION
Each party hereby agrees to defend, protect, indemnify and hold harmless the other
party, its officers, employees, volunteers, agents, elected and appointed officials, and
members of boards and commissions from and against any and all loss, damages, costs,
expenses, liabilities, claims, demands, causes of action, proceedings, and judgments,
including reasonable attorney’s fees, expert fees and costs of suit arising directly or
indirectly from or in any manner related to or in connection with or caused by the
performance or failure of the party, its agents, servants or employees to perform the
services required of the party’s employees under the terms of this Agreement.
18. AUTHORITY
Each party warrants that the individuals who have signed this Agreement have the legal
power, right and authority to enter into and execute this Agreement on behalf of each
respective party.
SIGNATURES FOLLOW ON NEXT PAGE
290
7
IN WITNESS WHEREOF, the parties have executed this Agreement in Redondo Beach,
California, as of this ____ day of ________, 2023.
CITY OF REDONDO BEACH CITY OF HERMOSA BEACH
By: ______________________________ By: ______________________________
William C. Brand, Mayor Raymond Jackson, Mayor
APPROVED AS TO FORM: APPROVED AS TO FORM:
______________________________ ______________________________
Michael W. Webb, City Attorney Patrick Donegan, City Attorney
ATTEST: ATTEST:
______________________________ ______________________________
Eleanor Manzano, City Clerk Myra Maravilla, City Clerk
291
8
Attachment A: Line 109 Map
292
9
Attachment B: BCT Line 109 Time Schedule
293
10
Attachment C
Beach Cities Transit Line 109
Route Service Mile Calculations by City
Route Miles NB Miles SB Miles Average
Miles Per
City
Allocation
Formula %
Redondo Beach & Los Angeles 5.3 6.9 6.1 34.95%
Hermosa Beach 2.2 1.6 1.90 10.89%
Manhattan Beach 3.4 2.2 2.8 16.05%
El Segundo 7.7 5.6 6.65 38.11%
Total Miles 18.6 16.3 17.45 100.00%
294
BCT Line 109
Cost Sharing Proposal: Fiscal Year 2023-2024
April 2023
Service
Overview
Update
Statistics
Beach Cities Transit (BCT) operates Line 109 route with agency partners, including Redondo
Beach, Hermosa Beach, Manhattan Beach and El Segundo. The partner agencies have
shared operating costs for Line 109.
Since FY 2019-20, BCT Line 109 operations have been fully-funded by the City’s annual
Transit Formula Procedure funding (FAP) allocations and Proposition A Local Return Funds.
Cost sharing funds were not needed from the partner Cities for FY 2019-20, FY 2020-21, FY
2021-22 and FY 2022-23. The City received Coronavirus 2019 (COVID-19) relief funds to
support farebox and pass revenue losses, fund new expenses to address COVID-19 safety
measures, and replace reduced dedicated sales taxes related transit funding. The COVID-
19 Transit funding received during the past three fiscal years were the Coronavirus Aid,
Relief and Economic Security (CARES) Act, Coronavirus Response and Relief Supplemental
Appropriations Act (CRRSA), and American Rescue Plan Act (ARPA).
During the COVID-19 Pandemic, BCT service hours were reduced in March 2020, and fare
collection enforcement was suspended. BCT’s 109 service hours were reinstated in July
2021, and fare collection and BCT bus pass sales resumed in October 2022. Other transit
enhancements such as the Real-Time Information (Google Maps, Transit App, Moovit, etc.)
and TAP cards continue to give passengers a seamless ride on BCT and other regional transit
systems.
The City is in the process of conducting a Transit Services Study that is evaluating the fixed
route and Dial-A-Ride services, and provide Zero Bus Emissions recommendations. In
relation to the Line 109 services, the study is looking at options to improve Line 109
routing, plan for LAX area route changes, and adjust future service hours. The final Transit
Services Study is planned for approval by City Council in 2023.
BCT has experienced a significant drop in ridership, since the California Stay At Home Order
(COVID-19 Pandemic) issued by Governor Newsom in March 2020. Public Transit services
throughout the region saw workers, students and the general public previously using public
transit essentially vanish, leaving essential workers as the majority of ridership. BCT service
hours were reduced to adjust to the new environment. Despite reduced service hours,
costs increased due to the new transit operations contract that began in July 2020. Transit
ridership continues to be in recovery, and BCT is approximately 80% of pre-COVID levels,
consistent with regional and national transit providers.
295
April 13, 2023 BCT Line 109 Cost Sharing Estimates
Page 2
Actual Service Statistics History of BCT Line 109 Chart
FY 17-18 FY 18-19 FY19-20 FY20-21 FY21-22
Service Hours 20,265 20,251 18,881 17,351 20,285
Operating Cost $1,260,936 $1,322,672 $1,262,133 $1,424,736 $1,683,783
Fare Revenues $141,197 $140,509 $105,265 0 0
Passenger Trips 179,020 173,983 143,404 87,239 139,173
Transit
Funding
Cost Sharing
Allocation
Cost
Estimates
Fiscal Year
2023-2024
Los Angeles Metro’s annual Transit Formula Allocations Procedure program (FAP) to
municipal transit operators is based on sales tax revenue receipts. Metro based Regional
Funding estimates increases for FY 2023-24 by 3.71% based on several economic
forecasts.
The cost sharing allocations, are based on the percent of average route miles within each
City. Redondo Beach will pay more than the other Cities’ allocated percentage, in order
to cover increased costs over costs that exceed estimates.
The total cost for FY 2023-24 is estimated at $1,883,834 for the operation of 20,285
projected annual service hours. Cost increases from the prior year are the result of
increased fuel expenses, the transit contractor annual operating increases, and real-time
information system expenses.
Cost Estimates History Chart
City %
Investment
FY 17-18
Actual
FY 18-19
Actual
FY 19 -20
Actual
COVID YEARS,
FY20-21, FY21-22
Redondo Beach 34.95% $39,817 $20,731 0 0
Hermosa Beach 10.89% $12,407 $6,460 0 0
Manhattan Beach 16.05% $18,285 $9,521 0 0
El Segundo 38.11% $43,417 $33,606 0 0
TOTAL SHORTFALL 100% $113,926 $59,317 0 0
Investment
Estimates
Based on the preliminary FAP fund marks issued by Metro in March 2023, the City
estimates FY 2023-24 BCT Line 109 operations will be fully-funded.
2023-2024
Estimated
Expenditures
The expenses included in the cost sharing estimates for BCT Line 109 are the operating
expenses incurred by the transit contractor, fuel expenses and Real-Time Information
(RTI). The funding sources for these expenditures are based on the FAP and fare
revenues.
Estimated Expenditures 2023- 2024 Chart
Estimated Line 109 Costs Estimated Transit Funding
Operations $1,603,888
Fuel $268,307
RTI Capital/Ops $11.639
Total Estimate $1,883,834
Operation/RTI Funding FAP $1,808,834
Fare Revenues $75,000
Total Estimated Revenues $1,883,834
Net Shortfall None
296
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0354
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
VACANCY-BUILDING BOARD OF APPEALS-
ADVERTISE AND SCHEDULE APPLICANT INTERVIEWS
(City Clerk Myra Maravilla)
Recommended Action:
Staff recommends City Council:
1.Direct staff to immediately advertise and request applications from qualified applicants for one
Building Board of Appeals vacancy; and
2.Schedule the presentation of applicants and applicant interviews on or before Tuesday,July
25, 2023 with the option to make an appointment on the same date.
Executive Summary:
The Community Development Department received a resignation letter from Building Board of
Appeals member Mike Ludwig (Attachment 1).Staff requests Council direction to begin the
application process to fill the vacancy.This position serves for an undefined term at the pleasure of
the City Council.
Background:
In accordance with Hermosa Beach Municipal Code Chapter 15.04.020,the Building Board of
Appeals determines the suitability of alternate materials and methods of construction and provides for
reasonable interpretations of the Building Code.The Board of Appeals consists of five members who
are qualified by experience and training to pass upon matters pertaining to building construction and
who are not employees of the City.
The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure for
undefined terms.The board adopts rules and procedures for conducting its business and shall render
all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.
The Board is staffed by the Community Development Department and meets on an as-needed basis
in the Council Chambers at 7:00 p.m. on Mondays.
Discussion:
Following established procedures,staff requests City Council direction to advertise for one Building
Board of Appeals Member position.If so directed,the City Clerk would prepare a notice for physical
City of Hermosa Beach Printed on 6/8/2023Page 1 of 3
powered by Legistar™297
Staff Report
REPORT 23-0354
Board of Appeals Member position.If so directed,the City Clerk would prepare a notice for physical
posting and publication in the Easy Reader on Thursday, June 22, 2023.
Based on the advertising date,staff would set an application filing deadline of 6:00 p.m.on Thursday,
July 12,2023.Applications from interested parties would be presented to the City Council at a special
meeting on or before the regular meeting on Tuesday,July 25,2023.Appointments for the undefined
term can be made by the City Council at the same meeting.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s
General Plan. Relevant Policies are listed below:
Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.
Policies:
·1.1 Open meetings.Maintain the community’s trust by holding meetings in which decisions
are being made,that are open and available for all community members to attend,participate,
or view remotely.
·1.4 Consensus oriented. Strive to utilize a consensus-oriented decision-making process.
·1.7 Diversity of representation.Strive to reflect a comprehensive cross-section of the
community in appointments to Commission and Advisory Committees.
Goal 2. The community is active and engaged in decision-making process.
Policies:
·2.3 Public participation guidelines.Establish parameters and guidelines to ensure public
participation is promoted through diverse methods.
·2.6 Responsive to community needs.Continue to be responsive to community inquiries,
providing public information and recording feedback from community interactions.
Fiscal Impact:
The estimated cost of one publication in the Easy Reader is $200.Funds are available in the City
Clerk’s Fiscal Year 2022-23 Budget.
Attachments:
1.Resignation Letter
Respectfully Submitted by: Myra Maravilla, City Clerk
City of Hermosa Beach Printed on 6/8/2023Page 2 of 3
powered by Legistar™298
Staff Report
REPORT 23-0354
Noted for Fiscal Impact:Viki Copeland, Finance Director
Legal Review:Patrick Donegan, City Attorney
Concur: Carrie Tai, Community Development Director
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Printed on 6/8/2023Page 3 of 3
powered by Legistar™299
300
301
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0340
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, IMPLEMENTING DROUGHT RESPONSE LEVEL 1 CONSERVATION
MEASURES PURSUANT TO HERMOSA BEACH MUNICIPAL CODE SECTION 8.56.090
(Environmental Programs Manager Doug Krauss)
Recommended Action:
Staff recommends City Council adopt a resolution implementing Level 1 Conservation Measures,
pursuant to Hermosa Beach Municipal Code Chapter 8.56.090 (Attachment 1).
Executive Summary:
Due to persistent Statewide drought conditions,the Governor issued Executive Order N-7-22
declaring emergency water use restrictions and directing water purveyors to implement restrictions
(Attachment 2).The Hermosa Beach Municipal Code (HBMC)identifies drought restriction
measures that can be approved by Council to address such conditions.At its June 14,2022 meeting,
City Council approved a resolution implementing Level 2 restrictions citywide.Drought conditions
have now subsided and State and local water agencies have reduced water conservations
restrictions.The proposed resolution ending Level 2 restrictions and implementing Level 1
restrictions would ensure the City’s strategies are consistent with those of our local water purveyor,
California Water Service (CalWater)(Attachment 3).
Background:
On March 28,2022,Governor Gavin Newsom issued Executive Order N-7-22 reiterating prior
conservation measures issued in 2021 (Attachment 1).The order was issued in response to the
ongoing drought conditions affecting much of the State and required local water purveyors to
implement water shortage contingency plans and called upon all Californians to limit indoor and
outdoor water usage.
At its June 14,2022 meeting,City Council approved a resolution implementing Level 2 drought
restrictions,per the Hermosa Beach Municipal Code.Due in part to the unusually high statewide rain
totals during the Winter of 2022-23,State and local water purveyors are now recommending
implementing Level 1 drought restrictions.
City of Hermosa Beach Printed on 6/8/2023Page 1 of 3
powered by Legistar™302
Staff Report
REPORT 23-0340
Past Council Actions
Meeting Date Description
August 26, 2014 City Council approved a resolution declaring drought
emergency conditions.
June 14, 2022 City Council approved a resolution declaring a Level 2
drought emergency.
Discussion:
Drought response Level 1 is declared when a water use reduction of 10 percent is required.This is
accomplished primarily through restricting landscape and lawn irrigation to no more than three days
per week,and not more than 15 minutes per watering station or area.These restrictions are
implemented in addition to the many permanent water conservation measures already in place per
the City’s Drought Management Plan,detailed in Chapter 8.56 of the Hermosa Beach Municipal
Code. These include a variety of ongoing conservation requirements such as:
·Prohibition of watering between 9:00 a.m. and 6:00 p.m.;
·Prohibition of ornamental fountains that do not utilize water recycling or re-circulation;
·Requirement of restaurants to provide water only upon request;
·Restrictions on certain outdoor cleaning activities; and
·Requirements for new buildings to install water-efficient devices.
The City also has a variety of ongoing water conservation measures already in place for its facilities
and parks.Once such measure is the use of reclaimed water at its largest green areas including
Valley Park,South Park,Clark Field,and the Greenbelt.Although reclaimed water use is not subject
to conservation requirements,the City utilizes smart controllers and reduced watering schedules to
reduce reclaimed water use at these facilities.The City utilizes smart irrigation controllers for most of
its parks and green areas and would work with its landscaping contractor to adjust irrigation
schedules to align with new restrictions.
Staff is currently working with CalWater and West Basin Municipal Water District to identify potential
turf replacement opportunities and to perform an assessment of the City’s facilities to identify other
equipment replacements or adjustments to increase conservation.
While in place,the Level 2 drought response gave the City greater enforcement ability for prohibited
activities.In addition,the City’s water purveyor,CalWater,was able to enforce these same
restrictions.Although shifting to Level 1 drought restrictions would be less stringent,staff would
continue to work with CalWater to coordinate enforcement and messaging efforts to the community.
CalWater already began messaging regarding the Level 1 restrictions to its customers and City staff
would utilize its various outreach tools and media to augment this messaging.The City’s GoHermosa
City of Hermosa Beach Printed on 6/8/2023Page 2 of 3
powered by Legistar™303
Staff Report
REPORT 23-0340
would utilize its various outreach tools and media to augment this messaging.The City’s GoHermosa
app includes an option to allow users to report violations of drought restrictions.The State also offers
a portal at savewater.ca.gov for reporting water waste,which could be shared through the City’s
outreach efforts.
The Level 1 drought restrictions would remain in place until City Council approves a resolution ending
the declaration.City staff would monitor the ongoing drought conditions and communicate with
CalWater and State and regional agencies to determine when an end to the Level 1 response is
appropriate.
General Plan Consistency:
This report and associated recommendations have been evaluated for their consistency with the
City’s General Plan. Relevant Policies are listed below:
Sustainability and Conservation
Goal 5. Water conservation practices, recycled water use, and innovative water technologies
support a resource efficient community.
Policies:
·5.3 Water conservation programs.Update and improve water conservation and efficiency
programs, requirements, and incentives on a regular basis.
·5.4 Conservation behavior.Maximize water conservation and efficiency upgrades through
education, regulation, and incentives covering every aspect of water use.
Fiscal Impact:
There are no fiscal impacts associated with the recommended action.
Attachments:
1.Draft Resolution
2.Governor’s Executive Order N-7-22
3.CalWater News Release
4.Link to August 26, 2014 City Council Staff Report
5.Link to June 14, 2022 City Council Staff Report
Respectfully Submitted by: Douglas Krauss, Environmental Program 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 6/8/2023Page 3 of 3
powered by Legistar™304
Page 1 of 1 RES NO. 23-
CITY OF HERMOSA BEACH
RESOLUTION NO. 23- XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH DECLARING A DROUGHT EMERGENCY CONDITION AND
IMPLEMENTING LEVEL 1 CONSERVATION MEASURES PURSUANT
TO HERMOSA BEACH MUNICIPAL CODE 8.56
WHEREAS, in 2022, the Governor of California declared a drought
emergency proclamation and the City’s water provider, California Water Service,
implemented Stage 2 of its Water Shortage Contingency Plan and informed
customers of certain of certain water use prohibitions; and,
WHEREAS, climate conditions during Winter 2022-23 have produced
sufficient water supplies Statewide to cause the City’s water purveyor, California
Water Service, to rescind Stage 2 of its Water Contingency Plan; and,
WHEREAS, in order to maintain consistency with the local water purveyor, in
congruence with the City’s vision of an environmentally sustainable community,
and to ensure customers are provided a consistent message, it is appropriate that
the water users within the city transition to Level 1 drought restrictions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. City Council declares a Drought Response Level 1, “Drought
Emergency Condition” and invokes all provisions of Response Level 1 of Chapter
8.56 applicable to all persons using potable water.
PASSED, APPROVED, and ADOPTED on this 13th day, June 2023.
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan
City Clerk City Attorney
305
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19,
2021, I proclaimed states of emergency that continue today and exist across a ll
the counties of California, due to extreme and expanding drought conditions;
and
WHEREAS climate change continues to intensify the impacts of droughts
on our communities, environment, and economy, and California is in a third
consecutive year of dry conditions, resulting in continuing drought in all parts of
the State; and
WHEREAS the 21st century to date has been characterized by record
warmth and predominantly dry conditions, and the 202 1 meteorological
summer in California and the rest of the western United States was the hottest on
record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October
and December 2021 gave way to the driest January and February in recorded
history for the watersheds that provide much of California's water supply; and
WHEREAS the ongoing drought will have significant, immediate impacts on
communities with vulnerable water supplies, farms that rely on irrigation to grow
food and fiber, and fish and wildlife that rely on stream flows and cool water;
and
WHEREAS the two largest reservoirs of the Central Valley Project, which
supplies water to farms and communities in the Central Valley and the Santa
Clara Valley and provides critical cold-water habitat for salmon and other
anadromous fish, have water storage levels that are approximately l .1 million
acre-feet below last year's low levels on this date; and
WHEREAS the record-breaking dry period in January and February and the
absence of significant rains in March have required the Department of Water
Resources to reduce anticipated deliveries from the State Water Project to
5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect
human safety and public health in those places where water supplies are
disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total
water supply on an average annual basis but as much as 58 percent in a
critically dry year, and approximately 85 percent of public water systems rely on
groundwater as their primary supply; and
WHEREAS coordination between loca l entities that approve permits for
new groundwater wells and local groundwater sustainability agencies is
important to achieving sustainable levels of groundwater in critically
overdrafted basins; and
306
WHEREAS the duration of the drought, especially following a multiyear
drought that abated only five years ago, underscores the need for California to
redouble near-, medium-, and long-term efforts to adapt its water management
and delivery systems to a chang ing climate, shifting precipitation patterns, and
water scarcity; and
WHEREAS the most consequential, immediate action Californians can take
to extend available supplies is to voluntarily reduce their water use by
15 percent from their 2020 levels by implementing the commonsense measures
identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 );
and
WHEREAS to protect public health and safety, it is critica l the State take
certain immediate actions without undue delay to prepare for and mitigate the
effects of the drought conditions, and under Government Code section 8571, I
find that strict compliance with various statutes and regulations specified in this
Proclamation would prevent, hinder, or delay t he mitigation of the effects of the
drought conditions.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California,
in accordance with the authority vested in me by the State Constitution and
statutes, including the California Emergency Services Act, and in particular,
Government Code sections 8567, 8571, and 8627, do hereby issue the following
Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. The orders and provisions contained in my April 21, 2021, May 10, 2021,
July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force
and effect, except as modified by those Proclamations and herein.
State agencies shall continue to implement all directions from those
Proclamations and accelerate implementation where feasible.
2. To help the State achieve its conservation goals and ensure sufficient
water for essential indoor and outdoor use, I call on all Californians to
strive to limit summertime water use and to use water more efficiently
indoors and out. The statewide Save Our Water conservation
campaign at SaveOurWater.com provides simple ways for Californians
to reduce water use in their everyday lives. Furthermore, I encourage
Californians to understand and track the amount of water they use
and measure their progress toward their conservation goals.
3. By May 25, .2022, the State Water Resources Control Board (Water
Board) shall consider adopting emergency regulations that include a ll
of the following:
a. A requirement that each urban water supplier, as defined in
section 10617 of the Water Code, shall submit to the Department
of Water Resources a preliminary annual water supply and
demand assessment consistent with section 10632.1 of the Water
Code no later t han June 1, 2022, and submit a fina l annual water
307
supply and demand assessment to the Department of Water
Resources no later than the deadline set by section 10632.1 of
the Water Code;
b. A requirement that each urban water supplier that has
submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the
shortage response actions adopted under section 10632 of the
Water Code for a shortage level of up to twenty percent (Level
2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not
submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board,
which shall take into consideration model actions that the
Department of Water Resources shall develop for urban water
supplier water shortage contingency planning for Level 2, by a
date to be set by the Water Board.
To further conserve water and improve drought resiliency if the drought
lasts beyond this year, I encourage urban water suppliers to conserve
more than required by the emergency regulations described in this
paragraph and to voluntarily activate more stringent local
requirements based on a shortage level of up to thirty percent (Level
3).
4 . To promote water conservation, the Department of Water Resources
shall consult with leaders in the commercial, industrial, and institutional
sectors to develop strategies for improving water conservation,
including direct technical assistance, financial assistance, and other
approaches. By May 25, 2022, the Water Board shall consider adopting
emergency regulations defining "non-functional turf" (that is, a
definition of turf that is ornamental and not otherwise used for human
recreation purposes such as school fields, sports fields, and parks) and
banning irrigation of non-functional turf in the commercial, industrial,
and institutional sectors except as it may be required to ensure the
health of trees and other perennial non-turf plantings.
5. In order to maximize the efficient use of water and to preserve water
supplies critical to human health and safety and the environment,
Public Resources Code, Division 13 (commencing with section 21000)
and regulations adopted pursuant to that Division are hereby
suspended, with respect to the directives in paragraphs 3 and 4 of this
Order and any other projects and activities for the purpose of water
conservation to the extent necessary to address the impacts of the
drought, and any permits necessary to carry out such projects or
activities. Entities that desire to conduct activities under this suspension,
other than the directives in paragraphs 3 and 4 of this Order, shall first
request that the Secretary of the Natural Resources Agency make a
determination that the proposed activities are eligible to be
conducted under this suspension. The Secretary shall use sound
discretion in applying this Executive Order to ensure that the suspension
serves the purpose of accelerating conservation projects that are
necessary to address impacts of the drought, while at the same time
308
protecting public health and the environment. The entities
implementing these directives or conducting activities under this
suspension shall maintain on their websites a list of all activities or
approvals for which these provisions are suspended.
6. To support voluntary approaches to improve fish habitat that would
require change petitions under Water Code section 1707 and either
Water Code sections 1425 through 1432 or Water Code sections 1725
through 1732, and where the primary purpose is to improve conditions
for fish, the Water Board shall expeditiously consider petitions that add
a fish and wildlife beneficial use or point of diversion and place of
storage to improve conditions for anadromous fish. California Code of
Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are
suspended with respect to any petition that is subject to this
paragraph.
7. To facilitate the hauling of water for domestic use by loca l
communities and domestic water users threatened with the loss of
water supply or degraded water quality resulting from drought, any
ordinance, regulation, prohibition, policy, or requirement of any kind
adopted by a public agency that prohibits the hauling of water out of
the water's basin of origin or a public agency's jurisdiction is hereby
suspended. The suspension authorized pursuant to this paragraph shall
be limited to the hauling of water by truck or bottle to be used for
human consumption, cooking, or sanitation in communities or
residences threatened with the loss of affordable safe drinking water.
Nothing in this paragraph limits any public health or safety requirement
to ensure the safety of hauled water.
8. The Water Board shall expand inspections to determine whether illegal
diversions or wasteful or unreasonable use of water are occurring and
bring enforcement actions against illegal diverters and those engaging
in the wasteful and unreasonable use of water. When access is not
granted by a property owner, the Water Board may obtain an
inspection warrant pursuant to the procedures set forth in Title 13
(commencing with section 1822.50) of Part 3 of the Code of Civil
Procedure for the purposes of conducting an inspection pursuant to
this directive.
9. To protect health, safety, and the environment during this drought
emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of
an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium-or
high-priority without first obtaining written verification from a
Groundwater Sustainability Agency managing the basin or area
of the basin where the well is proposed to be located that
groundwater extraction by the proposed well would not be
inconsistent with any sustainable groundwater management
program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability
309
Agency and would not decrease the likelihood of achieving a
sustainability goal for the basin covered by such a plan; or
b. Issue a permit for a new groundwater well or for alteration of an
existing well without first determining that extraction of
groundwater from the proposed well is (1) not likely to interfere
with the production and functioning of existing nearby wells, and
(2) not likely to cause subsidence that would adversely impact or
damage nearby infrastructure.
This paragraph shall not apply to permits for wells that will provide less
than two acre-feet per year of groundwater for individual domestic
users, or that will exclusively provide groundwater to public water
supply systems as defined in section 116275 of the Health and Safety
Code.
10. To address household or small community drinking water shortages
dependent upon groundwater wells that have failed due to drought
conditions, the Department of Water Resources shall work with other
state agencies to investigate expedited regulatory pathways to
modify, repair, or reconstruct failed household or small community or
public supply wells, while recognizing the need to ensure the
sustainability of such wells as provided for in paragraph 9.
11. State agencies shall collaborate with tribes and federal, regiona l,
and local agencies on actions related to promoting groundwater
recharge and increasing storage.
12. To help advance groundwater recharge projects, and to
demonstrate the feasibility of projects that can use available high
water flows to recharge local groundwater while minimizing flood
risks, the Water Board and Regional Water Quality Control Boards
shall prioritize water right permits, water quality certifications, waste
discharge requirements, and conditional waivers of waste discharge
requirements to accelerate approvals for projects that enhance the
ability of a local or state agency to capture high precipitation events
for local storage or recharge, consistent with water right priorities and
protections for fish and wildlife. For the purposes of carrying out this
paragraph, Division 13 (commencing with section 21000) of the
Public Resources Code and regulations adopted pursuant to that
Division, and Chapter 3 ( commencing with section 85225) of Part 3 of
Division 35 of the Water Code and regulations adopted pursuant
thereto are hereby suspended to the extent necessary to address the
impacts of the drought. This suspension applies to (a) any actions
taken by state agencies, (b) any actions taken by local agencies
where the state agency with primary responsibility for the
implementation of the directives concurs that local action is required,
and (c) permits necessary to carry out actions under (a) or (b). The
entities implementing these directives shall maintain on their websites
a list of all activities or approvals for which these provisions are
suspended.
13 . With respect to recharge projects under either Flood-Managed
Aquifer Recharge or the Department of Water Resources Sustainable
310
Groundwater Management Grant Program occurring on open and
working lands to replenish and store water in groundwater basins that
will help mitigate groundwater conditions impacted by drought, for
any (a) actions taken by state agencies, (b) actions taken by a loca l
agency where the Department of Water Resources concurs that
local action is required, and (c) permits necessary to carry out
actions under (a) or (b), Public Resources Code, Division 13
(commencing with section 21000) and regulations adopted pursuant
to that Division are hereby suspended to the extent necessary to
address the impacts of the drought. The entities implementing these
directives shall maintain on their websites a list of all activities or
approvals for which these provisions are suspended.
14. To increase resilience of.state water supplies during prolonged
drought conditions, the Department of Water Resources shall prepare
for the potential creation and implementation of a multi-year transfer
program pilot project for the purpose of acquiring water from willing
partners and storing and conveying water to areas of need.
15. By April 15, 2022, state agencies shall submit to the Department of
Finance for my consideration proposals to mitigate the worsening
effects of severe drought, including emergency assistance to
communities and households and others facing water shortages as a
result of the drought, facilitation of groundwater recharge and
wastewater recycling, improvements in water use efficiency,
protection of fish and wildlife, mitigation of drought-related
economic or water-supply disruption, and other potential investments
to support short-and long-term drought response.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be
filed in the Office of the Secretary of State and that widespread publicity and
notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity, against the State of
California, its agencies, departments, entities, officers, employees, or any other
person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.
I I
,:, .l · I'
t (.1 I
l~~-~--
GAVIN NEWSOM
Governor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
311
May 8, 2023
Contact: Yvonne Kingman, 310-257-1434
For Immediate Release
California Water Service Rolling Back to Stage 1
of Water Shortage Contingency Plan
Some Water Restrictions Remain Amid Easing of Drought Conditions
SAN JOSE, Calif.—California Water Service (Cal Water) submitted a filing today with the California Public
Utilities Commission (CPUC) to rescind Stage 2 of its Water Shortage Contingency Plan because of
improved drought conditions and increased water supply throughout its districts. Stage 1 becomes
effective immediately but remains subject to a 30-day review period by the CPUC.
“This year has been one of the wettest on record, with a snowpack that has reached historic levels;
however, we must remember that it follows three of the driest years on record,” said Martin A.
Kropelnicki, Cal Water President and CEO. “As our changing climate makes these extreme weather
patterns more frequent, we will continue to work with our customers to build and maintain long-term
conservation habits that prepare us for when the weather pendulum swings back to dry years.”
Although Cal Water is moving to Stage 1, customers must continue to observe any city or county
landscape irrigation ordinances in effect. Cal Water also encourages customers to remain vigilant about
their water use and, in particular, ensure landscaping actually needs water before irrigating it.
Some outdoor water-use restrictions remain in place, including:
• No watering of non-functional turf at commercial, industrial, and institutional properties.
• Watering only between the hours of 6 p.m. and 8 a.m.
• No watering of outdoor landscapes during and within 48 hours after measurable rainfall.
• Only washing vehicles with a hose that has a shutoff nozzle or similar device, or at a car wash
that uses recycled water.
• No watering driveways, sidewalks, or other paved areas, unless for health and safety purposes.
312
Cal Water’s conservation rebates and programs will also continue, including a $3-per-square-foot rebate
for lawn-to-garden conversions, a 50 cents-per-square-foot rebate for spray-to-drip conversions, and its
popular Smart Landscape Tune-Up Program. For a complete list of rebates, programs, and water-use
restrictions, visit calwater.com/conservation.
About California Water Service
California Water Service provides high-quality, reliable water utility services to about 2 million people
statewide through 496,400 service connections. What sets Cal Water apart is its commitment to
enhancing the quality of life for its customers and communities. Guided daily by their promise to provide
quality, service, and value, the utility’s employees lead the way in working to protect the planet, care for
people, and operate with the utmost integrity. Integral to Cal Water’s strategy is investing responsibly in
infrastructure, sustainability initiatives, and community well-being. The utility has been named one of
“America’s Most Responsible Companies” and “America’s Most Trustworthy Companies” by Newsweek
and a Great Place to Work®. More information is available at www.calwater.com.
# # #
313
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0327
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
INTRODUCTION OF AN ORDINANCE TO AMEND
HERMOSA BEACH MUNICIPAL CODE TITLE 15, CHAPTER
15.20 TO ADOPT THE 2023 LOS ANGELES COUNTY
FIRE CODE
(Building and Code Enforcement Official Guillermo Hobelman and Community Development Director
Carrie Tai)
Recommended Action:
Staff recommends City Council:
1.Introduce and waive full reading and introduce by title only an Ordinance of the City of
Hermosa Beach,California,adopting by reference Title 32,Fire Code,of the Los Angeles
County Code,incorporating the California Fire Code,2022 edition,with certain changes and
amendments;making amendments to said codes;amending Title 15 of the Hermosa Beach
Municipal Code;and finding the action exempt from the California Environmental Quality Act
(Attachment 1);
2.Direct staff to set a public hearing on July 11, 2023; and
3.Direct the City Clerk to publish a summary ordinance.
Executive Summary:
The Los Angeles County Fire Code has been updated as of March 2,2023.The City of Hermosa
Beach must adopt the 2022 Edition of the California Fire Code by reference,and Title 32 of the Los
Angeles County Code,with local amendments,as outlined in Attachment 4.Adopting the code
locally would amend Title 15 of the Hermosa Beach Municipal Code and provide for the issuance of
permits and the collection of fees,adequate remedies for code violations,establish administrative
procedures consistent with City protocols,and ensure State standards are reasonably tailored to
local conditions.
Background:
The California Building Standards Commission (Building Standards Commission)is an independent
commission with the State Business,Consumer Services,and Housing Agency responsible for
reviewing,adopting,and publishing building standards for the State of California.Every three years,
City of Hermosa Beach Printed on 6/8/2023Page 1 of 4
powered by Legistar™314
Staff Report
REPORT 23-0327
reviewing,adopting,and publishing building standards for the State of California.Every three years,
the Building Standards Commission adopts a compilation of updated building regulations,known as
the California Building Standards Code, which includes the California Fire Code.
Pursuant to California Government Code Section 50022.2,local jurisdictions in California may adopt
the volumes of the California Building Standards Code by reference.Title 15 of the Hermosa Beach
Municipal Code comprises the Building Standards Code adopted by reference,along with local
amendments.Title 15 consists of regulations for all construction,including but not limited to
buildings (structural),fire prevention,electrical,mechanical,and plumbing.At its October 25,2022
meeting,City Council approved an ordinance adopting by reference the 2022 Edition of the Building
Standards Code.At that time,it was acknowledged that the development of the updated Fire Code
was still ongoing and would return for adoption.
Pursuant to sections 17958.7 and 18941.5 of the California Health and Safety Code,jurisdictions
may adopt local amendments to the California Fire Code which are determined to be reasonably
necessary due to local climatic, geological, or topographical conditions.
Since January 1,2018,the City has contracted for fire protection services with Los Angeles County.
Pursuant to the contract,the City agreed to adopt the County Fire Code.On January 31,2023,the
Los Angeles County Board of Supervisors adopted Ordinance No.2023-0008,repealing Title 32 of
the Los Angeles County Code,replacing it with the 2022 Edition of the California Fire Code,and
making certain local changes and amendments thereto (Attachment 5).
Past Board, Commission and Council Actions
Meeting Date Description
October 25, 2022 City Council approved an ordinance adopting by reference the
2022 Edition of the California Building Standards Code.
Discussion:
The City’s Community Development Department,Building and Safety Division is responsible for
building plan review,permit issuance,and construction inspection,to ensure that the proposed
construction and activity comply with regulations and are safe.As a city contracted with Los Angeles
County for fire services,the City of Hermosa Beach has agreed to adopt the County Fire Code,Title
32 of the Los Angeles County Code, which adopts the state fire code with local amendments.
State law allows the County and Consolidated Fire Protection District of Los Angeles County
(District)to adopt more restrictive building standards than the 2022 Edition of the California Fire
Code,if they are reasonably necessary due to local climatic,geological,and/or topographical
City of Hermosa Beach Printed on 6/8/2023Page 2 of 4
powered by Legistar™315
Staff Report
REPORT 23-0327
conditions, which are described in Attachment 4.
The more restrictive amendments are based on findings that consider the local dry and windy
climatic conditions,geological conditions with high seismic activity,and topographical conditions of
the County of Los Angeles that can accelerate the spread of fire and greatly impact fire response.
These factors warrant more restrictive amendments and are established to lower the risk of fast
spreading fires and to mitigate any hazards that may hamper fire response.The amendments
include a continuation of the current guidelines that ensure the installation of automatic fire sprinkler
systems in existing homes,after they surpass a prescribed threshold.The amendments also follow
the previously established fee structure that ensures that funding is provided to maintain and add to
the fire protection infrastructure.These local amendments expand on preventive requirements
through increased brush clearance,increased identification of alternative fuel vehicles,greater
secure requirements for construction around high-powered utility services,safer collection of high-
risk batteries,increased clearances around equipment for firefighting personnel,and other
measures that ensure communication, life safety, and property protection.
Staff recommends adopting by reference Title 32,Fire Code,of the Los Angeles County Code,
incorporating the California Fire Code,2022 edition,with certain changes and amendments;making
amendments to said codes.Adoption of the County code,with amendments,would result in
revisions to Title 15 of the Hermosa Beach Municipal Code as outlined in Attachments 2 and 3.If
approved, staff would proceed with scheduling a public hearing regarding the posed changes.
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. Injuries and loss of life are prevented, and property loss and damage are minimized.
Policy:
•1.1 Evaluate risks.Buildings and infrastructure will be periodically evaluated for seismic,
fire,flood,and coastal storm hazard risks and identified risks will be minimized by complying
with California Building Code standards and other applicable regulations.
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 needs.
Goal 7. Community sustainability and health are a priority in policy and decision-making.
Policy:
•7.6 Livability Principles.Amend and update policies that may run counter to livability
City of Hermosa Beach Printed on 6/8/2023Page 3 of 4
powered by Legistar™316
Staff Report
REPORT 23-0327
•7.6 Livability Principles.Amend and update policies that may run counter to livability
principles.
Land Use Element
Goal 5.Quality and authenticity in architecture and site design in all construction and
renovation of buildings.
Policy:
•5.2 High quality materials.Require high quality and long-lasting building materials on all
new development projects in the City.
Environmental Determination:
Pursuant to the California Environmental Quality Act Guidelines section 15061(b)(3),it can be seen
with certainty that there is no possibility that the activity contemplated by this ordinance may have a
significant effect on the environment.
Fiscal Impact:
There is no fiscal impact associated with the recommended action.
Attachments:
1.Draft Ordinance 23-XXX Adopting 2023 Fire Code
2.Amended Municipal Code Chapter 15 Fire Prevention Code
3.Redlined Municipal Code Chapter 15 Fire Prevention Code
4.Findings in Support of More Restrictive Amendments to CA Fire Code
5.Title 32 of the Los Angeles County Code (Fire Code)
6.Link to October 25, 2022 City Council Staff Report
Respectfully Submitted by: Guillermo Hobelman, Building and Code Enforcement Official
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 6/8/2023Page 4 of 4
powered by Legistar™317
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ADOPTING BY REFERENCE TITLE 32, FIRE CODE, OF THE LOS
ANGELES COUNTY CODE, INCORPORATING THE CALIFORNIA
FIRE CODE, 2022 EDITION, WITH CERTAIN CHANGES AND
AMENDMENTS; MAKING AMENDMENTS TO SAID CODES;
AMENDING TITLE 15 OF THE HERMOSA BEACH MUNICIPAL CODE;
AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AS
FOLLOWS:
SECTION 1. RECITALS.
1. In July 2022, the California Building Standards Commission adopted the
2022 Edition of the California Building Standards Code (“CBSC”),
effective January 1, 2023, and codified in Title 24 of the California Code
of Regulations (“CCR”).
2. The CBSC consists of building standards that regulate the erection,
construction, enlargement, alteration, repair, moving, removal,
demolition, conversion, occupancy, equipment, use, height, area,
electrical systems, plumbing, mechanical systems, and maintenance of
all buildings in the state and includes the California Fire Code (CCR, Title
24, Part 9).
3. On January 31, 2023, the Los Angeles County Board of Supervisors
adopted Ordinance No. 2023-0008, amending Title 32 of the Los Angeles
County Code by repealing and replacing it with the 2022 Edition of the
California Fire Code and making certain local changes and
amendments thereto.
4. Pursuant to California Government Code Section 50022.2, the City of
Hermosa Beach (“City”) may adopt the 2022 Edition of the California
Fire Code by reference.
5. Pursuant to sections 17958.7 and 18941.5 of the California Health &
Safety Code, the City may adopt local amendments to the California
Fire Code determined by the City Council to be reasonably necessary
because of local climatic, geological, or topographical conditions.
6. The City desires to adopt Title 32 of the Los Angeles County Code and
the 2022 Edition of the California Fire Code, with local amendments to
318
provide for the issuance of permits and the collection of fees, to provide
adequate remedies for code violations, to establish administrative
procedures consistent with City protocols, and to ensure that the state
standards are reasonably tailored to local conditions.
7. Findings. Based on the foregoing, the City Council of the City of
Hermosa Beach does hereby find that the proposed amendments to
the 2022 Edition of the California Fire Code are reasonably necessary for
reasons of local climatic, geologic, and topographic conditions as set
forth in “Exhibit A” of this Ordinance.
SECTION 2. FIRE PREVENTION CODE.
Chapter 15.20 of Title 15 of the Hermosa Beach Municipal Code is hereby
amended in its entirety to read as follows:
“Chapter 15.20
Fire Prevention Code
15.20.010 Adoption of Fire Code.
15.20.020 Automatic sprinkler systems.
15.20.030 Fire protection improvement fee.
15.20.010 Adoption of Fire Code.
Except as hereinafter provided in this chapter and in Chapter 14.08,
Title 32, Fire Code, of the Los Angeles County Code, as amended and in
effect on March 2, 2023, which constitutes an amended version of the
California Fire Code 2022 Edition (Part 9 of Title 24 of the California Code of
Regulations), including current and future errata and supplements,
published by the California Building Standards Commission, is hereby
adopted by reference and made a part of this chapter as though set forth
in this chapter in full. Said codes shall comprise the Fire Code of the City of
Hermosa Beach.
In the event of any conflict between the provisions of the California
Fire Code, 2022 Edition, Title 32 of the Los Angeles County Code, or any
amendment to the Fire Code contained in the Hermosa Beach Municipal
Code, the provision contained in the later-listed document shall control.
A copy of Title 32 of the Los Angeles County Code, along with a copy
of the California Fire Code, 2022 Edition, has been deposited in the office
of the City Clerk and shall be at all times whil e in force maintained by the
Clerk for use and examination by the public.
319
Permits, as required by provisions within this code, may be issued for
an identified period of time, subject, however, to the right of the fire chief
or their designee to revoke said permit for misuse or violation of the terms
of the permit.
15.20.020 Automatic sprinkler systems.
Section 903 of the 2022 California Fire Code, as incorporated into Title
32 of the Los Angeles County Code, is hereby amended to add Section
903.2.13 and to amend Section 903.2 to read as follows:
SECTION 903
903.2 Where required. Approved automatic sprinkler systems in new
buildings and structures shall be provided in the locations described in
Sections 903.2.1 through 903.2.13 and Sections 903.2.14 through 903.2.21.
903.2.13 Expansion of existing buildings. An automatic sprinkler system
is required in any existing building subject to alteration or expansion if (1)
the expansion exceeds 50 percent of the existing gross floor area; or (2) the
cost of remodeling, expansion or improvement exceeds 50 percent of the
value of the existing structure as determined by the Building Official.
a. The size or valuation of an existing building shall be deemed to
exceed fifty (50) percent if:
1. The expansion exceeds fifty (50) percent of the existing
gross floor area; or
2. The cost of remodeling, expansion, or improvement
exceeds fifty (50) percent of the value of the existing
structure as determined by the building official.
15.20.030 Fire protection improvement fee.
Section 110 of the 2022 California Fire Code, as incorporated into Title 32 of
the Los Angeles County Code, is hereby amended to add the following section:
Section 110HB: The purpose of the fire protection improvement fee is
to mitigate the fire protection impacts caused by new development in the
city by financing fire protection improvements in direct relation to the
development’s fair share of the construction costs of these improvements.
A. Fire Protection Improvement Fee. The fire protection improvement fee
established by Ordinance No. 88-932 shall continue in effect at the rates
set forth in subsection (C) of this section. The fee shall be paid prior to
320
issuance of a building permit for any new structure or expansion of an
existing structure as described in subsection (C) of this section in the city.
B. Fee Account. The revenues raised by payment of the fire protection
improvement fee shall be placed in a separate and special fund and
such revenues, along with any interest earnings on that fund, shall be
used solely to pay for the improvements and apparatus described in
subsection (D) of this section.
C. Amount of Fee.
1. Residential: nine cents ($0.09) per square foot of net floor area.
2. Nonresidential: eleven and one-half cents ($0.115) per square foot
of net floor area. The calculation of floor area shall include the floor
area of all structures including the main structure and any accessory
structures, including, but not limited to garages, structural decks, and
balconies, and shall be measured from the outside of the walls or
perimeter of said structures. For new projects, the net floor area shall
be calculated as the total floor area of the new structure minus any
floor area of any existing legally permitted structures demolished as
part of the new project. For existing structures that add floor area,
the fee shall be applied to the net increase in floor area.
D. Use of Fee. The fee shall be solely used to pay for:
1. Fire hydrants; riser connections from main to hydrant; necessary
valves and attachments; repairs to publ ic improvements
necessitated by installation of hydrants, riser connections, valves and
attachments; fire stations, training facilities, administrative offices,
communications centers, and maintenance centers; and firefighting
equipment, vehicles, apparatus, and appliances;
2. Reimbursement to the city for the development’s fair share of those
capital improvements already constructed by the city; and
3. Reimbursement to developers who have constructed public facilities
where those facilities were beyond that needed to mitigate the
impact of the developers’ project.”
SECTION 3. Filing. The City Clerk shall file a certified copy of this Ordinance with
the California Building Standards Commission pursuant to section 17958.7 of the
California Health and Safety Code.
321
SECTION 4. CEQA. The City Council finds that the adoption of the California
Fire Code, Title 32 of the Los Angeles County Code of Ordinances, and local
amendments thereto is exempt from the California Environmental Quality Act
(“CEQA”) under CEQA Guideline section 15061(b)(3) (the common sense
exemption). The action is largely administrative in nature and designed to
improve and not degrade environmental quality such that there is no possibility
that adopting this Ordinance would adversely affect the environment in any
manner that could be significant.
SECTION 5. Severability. If any provision of this Ordinance is declared to be
invalid by a court of competent jurisdiction, it shall not affect any remaining
provision hereof. The City Council of the City of Hermosa Beach hereby declares
that it would have adopted this Ordinance despite any partial invalidity of its
provisions.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after
its final passage and adoption, consistent with California Government Code
section 36937.
322
SECTION 7. Certification. The City Clerk is directed to certify the passage and
adoption of this Ordinance; cause it to be entered into the City’s book of original
ordinances; make a note of the passage and adoption in the records of this
meeting; and, within fifteen (15) days after the passage and adoption of this
Ordinance, cause it to be published or posted in accordance with California law.
PASSED, APPROVED and ADOPTED this __ day of _______ 2023.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
MAYOR of the City of Hermosa
Beach, California
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
323
Exhibit A
Findings to Support Local Amendments to the
2022 Edition of the California Fire Code
Pursuant to California Health & Safety Code sections 17958.5, 17958.7, and
18941.5, this Exhibit A to Ordinance No. ___ of the City of Hermosa Beach sets
forth the City Council’s express findings and determinations justifying the City’s
local amendments to the 2022 Edition of the California Fire Code as reasonably
necessary because of local climatic, geologic, and/or topographic conditions.
Chapter 15.20 Amendments to California Fire Code (CFC)
Municipal Code
Section
CFC Section
Added or
Amended
Substance of Amendment
(full text in Ordinance No. ____)
Justificatio
n (see key
below)
Sec. 15.20.020 903.2.13 Requiring automatic sprinklers in
existing buildings subject to
expansion or alteration
B(ii)
Sec. 15.20.030 110HB Fire protection improvement
fee
A
Justifications KEY:
A – This is an administrative amendment, which does not modify a building
standard as defined in California Health & Safety Code section 18909. The
amendment establishes administrative procedures for the effective
enforcement of the building standards in the City of Hermosa Beach.
B – This amendment is reasonably necessary because of the following local
climatic, geological, or topographical conditions:
i. Local soil and air conditions (salt laden sand and sea mist) tend to
be highly corrosive, thereby diminishing the integrity of metal
components such as cast iron pipes and vents in a shorter time
span than in other areas.
ii. The City of Hermosa Beach is one of the most densely populated
cities in southern California. Homes and other buildings are often six
feet or less from one another making fire spread more likely, and
enhancing the likelihood of rodents to migrate from one to
another. Further, the overhead clutter of utility lines reduces the
aesthetic quality of the City.
324
iii. Hermosa Beach is located directly adjacent to the Pacific Ocean
and is subject to storm surge, tsunami impact and high ground
water near the coast.
iv. Hermosa Beach has an aging sewer system, portions of which are
more than eighty years old. This amendment assists in reducing
blockage of the system.
325
“Chapter 15.20
Fire Prevention Code
15.20.010 Adoption of Fire Code.
15.20.020 Automatic sprinkler systems.
15.20.030 Fire protection improvement fee.
15.20.010 Adoption of Fire Code.
Except as hereinafter provided in this chapter and in Chapter 14.08, Title 32, Fire
Code, of the Los Angeles County Code, as amended and in effect on March 2, 2023, which
constitutes an amended version of the California Fire Code 2022 Edition (Part 9 of Title
24 of the California Code of Regulations), including current and future errata and
supplements, published by the California Building Standards Commission, is hereby
adopted by reference and made a part of this chapter as though set forth in this chapter in
full. Said codes shall comprise the Fire Code of the City of Hermosa Beach.
In the event of any conflict between the provisions of the California Fire Code,
2022 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire
Code contained in the Hermosa Beach Municipal Code, the provision contained in the
later-listed document shall control.
A copy of Title 32 of the Los Angeles County Code, along with a copy of the
California Fire Code, 2022 Edition, has been deposited in the office o f the City Clerk and
shall be at all times while in force maintained by the Clerk for use and examination by the
public.
Permits as required by provisions within this code may be issued for an identified
period of time, subject, however, to the right of th e fire chief or their designee to revoke
said permit for misuse or violation of the terms of the permit.
15.20.020 Automatic sprinkler systems.
Section 903 of the 2022 California Fire Code, as incorporated into Title 32 of the
Los Angeles County Code, is hereby amended to add Section 903.2.13 and to amend
Section 903.2 to read as follows:
SECTION 903
903.2 Where required. Approved automatic sprinkler systems in new buildings and
structures shall be provided in the locations described in Sections 903.2.1 through 903.2.13
and Sections 903.2.14 through 903.2.21.
903.2.13 Expansion of existing buildings. An automatic sprinkler system is
required in any existing building subject to alteration or expansion if (1) the expansion
exceeds 50 percent of the existing gross floor area; or (2) the cost of remodeling, expansion
or improvement exceeds 50 percent of the value of the existing structure as determined by
the Building Official.
326
a. The size or valuation of an existing building shall be deemed to exceed fifty
(50) percent if:
1. The expansion exceeds fifty (50) percent of the existing gross floor
area; or
2. The cost of remodeling, expansion, or improvement exceeds fifty
(50) percent of the value of the existing structure as determined by
the building official.
15.20.030 Fire protection improvement fee.
Section 110 of the 2022 California Fire Code, as incorporated into Title 32 of the Los
Angeles County Code, is hereby amended to add the following section:
Section 110HB: The purpose of the fire protection improvement fee is to mitigate
the fire protection impacts caused by new development in the city by financing fire
protection improvements in direct relation to the development’s fair share of the
construction costs of these improvements.
A. Fire Protection Improvement Fee. The fire protection improvement fee established by
Ordinance No. 88-932 shall continue in effect at the rates set forth in subsection (C) of
this section. The fee shall be paid prior to issuance of a building permit for any new
structure or expansion of an existing structure as described in subsection (C) of this
section in the city.
B. Fee Account. The revenues raised by payment of the fire protection improvement fee
shall be placed in a separate and special fund and such revenues, along with any interest
earnings on that fund, shall be used solely to pay for the improvements and apparatus
described in subsection (D) of this section.
C. Amount of Fee.
1. Residential: nine cents ($0.09) per square foot of net floor area.
2. Nonresidential: eleven and one-half cents ($0.115) per square foot of net floor area.
The calculation of floor area shall include the floor area of all structures including
the main structure and any accessory structures, including, but not limited to
garages, structural decks, and balconies, and shall be measured from the outside of
the walls or perimeter of said structures. For new projects, the net floor area shall
be calculated as the total floor area of the new structure minus any floor area of
any existing legally permitted structures demolished as part of the new project. For
existing structures that add floor area, the fee shall be applied to the net increase in
floor area.
D. Use of Fee. The fee shall be solely used to pay for:
1. Fire hydrants; riser connections from main to hydrant; necessary valves and
327
attachments; repairs to public improvements necessitated by installation of
hydrants, riser connections, valves and attachments; fire stations, training facilities,
administrative offices, communications centers, and maintenance centers; and
firefighting equipment, vehicles, apparatus, and appliances;
2. Reimbursement to the city for the development’s fair share of those capital
improvements already constructed by the city; and
3. Reimbursement to developers who have constructed public facilities where those
facilities were beyond that needed to mitigate the impact of the developers’
project.”
328
Chapter 15.20
Fire Prevention Code
15.20.010 Adoption of fire code.
15.20.020 Automatic sprinkler systems.
15.20.030 Fire protection improvement fee.
15.20.010 Adoption of fire code.
Except as provided in this chapter and elsewhere in this title, the California Fire
Code, 2019 Edition (Part 9 of Title 24 of the California Code of Regulations), is
hereby adopted by reference and made a part of this chapter as though set forth in
this chapter in full. Said code shall comprise the fire code of the city of Hermosa
Beach. A copy of the fire code shall be maintained in the office of the city clerk, and
shall be made available for public inspection while the code is in force.
Permits as required by provisions within this code may be issued for an identified
period of time, subject, however, to the right of the fire chief or his or her designee
to revoke said permit for misuse or violation of the terms of the permit.
15.20.010 Adoption of Fire Code.
Except as hereinafter provided in this chapter and in Chapter 14.08, Title 32, Fire
Code, of the Los Angeles County Code, as amended and in effect on March 2, 2023, which
constitutes an amended version of the California Fire Code 2022 Edition (Part 9 of Title
24 of the California Code of Regulations), including current and future errata and
supplements, published by the California Building Standards Commission, is hereby
adopted by reference and made a part of this chapter as though set forth in this chapter in
full. Said codes shall comprise the Fire Code of the City of Hermosa Beach.
In the event of any conflict between the provisions of the California Fire Code,
2022 Edition, Title 32 of the Los Angeles County Code, or any amendment to the Fire
Code contained in the Hermosa Beach Municipal Code, the provision contained in the
later-listed document shall control.
A copy of Title 32 of the Los Angeles County Code, along with a copy of the
California Fire Code, 2022 Edition, has been deposited in the office o f the City Clerk and
shall be at all times while in force maintained by the Clerk for use and examination by the
public.
Permits as required by provisions within this code may be issued for an identified
period of time, subject, however, to the right of th e fire chief or their designee to revoke
said permit for misuse or violation of the terms of the permit.
329
15.20.020 Automatic sprinkler systems.
Section 903 of the 2019 2022 California Fire Code, as incorporated into Title 32 of
the Los Angeles County Code, is hereby amended to add Section 903.2.13 and to amend
Section 903.2 to read as follows:
SECTION 903
903.2 Where required. Approved automatic sprinkler systems in new buildings and
structures shall be provided in the locations described in Sections 903.2.1 through 903.2.13
and Sections 903.2.14 through 903.2.21.
903.2.13 Expansion of existing buildings. An automatic sprinkler system is
required in any existing building subject to alteration or expansion if (1) the expansion
exceeds 50 percent of the existing gross floor area; or (2) the cost of remodeling, expansion
or improvement exceeds 50 percent of the value of the existing structure as determined by
the Building Official.
a. The size or valuation of an existing building shall be deemed to exceed fifty
(50) percent if:
1. The expansion exceeds fifty (50) percent of the existing gross floor
area; or
2. The cost of remodeling, expansion, or improvement exceeds fifty
(50) percent of the value of the existing structure as determined by
the building official.
15.20.030 Fire protection improvement fee.
Section 113 110 of the 2022 California Fire Code, as incorporated into Title 32 of the Los
Angeles County Code, is hereby amended to add the following section:
Section 113110HB: The purpose of the fire protection improvement fee is to
mitigate the fire protection impacts caused by new development in the city by financing
fire protection improvements in direct relation to the development’s fair share of the
construction costs of these improvements.
A. Fire Protection Improvement Fee. The fire protection improvement fee established by
Ordinance No. 88-932 shall continue in effect at the rates set forth in subsection (C) of
this section. The fee shall be paid prior to issuance of a building permit for any new
structure or expansion of an existing structure as described in subsection (C) of this
section in the city.
B. Fee Account. The revenues raised by payment of the fire protection improvement fee
shall be placed in a separate and special fund and such revenues, along with any interest
earnings on that fund, shall be used solely to pay for the improvements and apparatus
described in subsection (D) of this section.
330
C. Amount of Fee.
1. Residential: nine cents ($0.09) per square foot of net floor area.
2. Nonresidential: eleven and one-half cents ($0.115) per square foot of net floor area.
The calculation of floor area shall include the floor area of all structures including
the main structure and any accessory structures, including, but not limited to
garages, structural decks, and balconies, and shall be measured from the outside of
the walls or perimeter of said structures. For new projects, the net floor area shall
be calculated as the total floor area of the new structure minus any floor area of
any existing legally permitted structures demolished as part of the new project. For
existing structures that add floor area, the fee shall be applied to the net increase in
floor area.
D. Use of Fee. The fee shall be solely used to pay for:
1. Fire hydrants; riser connections from main to hydrant; necessary valves and
attachments; repairs to public improvements necessitated by installation of
hydrants, riser connections, valves and attachments; fire stations, training facilities,
administrative offices, communications centers, and maintenance centers; and
firefighting equipment, vehicles, apparatus, and appliances;
2. Reimbursement to the city for the development’s fair share of those capital
improvements already constructed by the city; and
3. Reimbursement to developers who have constructed public facilities where those
facilities were beyond that needed to mitigate the impact of the developers’
project.”
331
FINDINGS IN SUPPORT OF ADOPTION OF MORE RESTRICTIVE BUILDING
STANDARDS.
The provisions of this ordinance contain various changes, modifications, and
additions to the 2022 California Fire Code. Some of those changes are administrative
in nature in that they do not constitute changes or modifications to requirements
contained in the building standards adopted by the State Fire Marshal and published in
the California Building Standards Code. Pursuant to Health and Safety Code
Sections 17958.5, 17958.7, and 18941.5, the Hermosa Beach City Council, as did the
Board of Supervisors of Los Angeles County hereby expressly finds and determines
that all of the changes and modifications to requirements contained in the building
standards published in the California Building Standards Code, contained in this
ordinance, which are not administrative in nature, are reasonably necessary because of
local climatic, geological, or topographical conditions in the County of Los Angeles and
in the Consolidated Fire Protection District of Los Angeles County (“District”). This
expressed finding is supported and based upon the following more specific
determinations:
CLIMATIC – The County of Los Angeles/District is located in an area subject to
climatic conditions with long periods of low humidity and hot weather, combined with
unpredictable seasonal high winds (Santa Ana wind conditions), resulting in increased
exposure to fire risk. This combination of events creates an environment that is
conducive to rapidly spreading fires. Control of such fires requires rapid response.
332
With the time that is required to deal with potential obstacles from the wind, such as
fallen trees, street lights, and utility poles, in addition to the time required to climb
75 feet vertically up flights of stairs, the ability to respond rapidly is negatively impacted.
Additionally, there is a significant increase in the amount of wind at 60 feet above the
ground. Use of aerial-type firefighting apparatus above this height would place rescue
personnel at increased risk of injury. High winds will also cause burning embers to
become airborne resulting in the rapid spread of a fire to nearby structures. Immediate
containment of a fire is the only method by which it can be controlled during high w ind
conditions. In high fire severity zones, a unique combination of low humidity, strong
winds, and dry vegetation exists.
GEOLOGICAL – The County of Los Angeles/District is located in the middle of
the seismically active area identified as Seismic Zone 4. The viability of the public water
system would be questionable at best after a major seismic event. Tall buildings would
become vulnerable to uncontrolled fires due to a lack of available water and an inability
to pump sufficient quantities of any available water to floors above the 55-foot level. A
severe seismic event has the potential to negatively impact any rescue or fire
suppression activities because it is likely to create significant physical obstacles and
logistical challenges. With the probability of strong aftershocks, there exists a need to
provide increased protection for anyone on upper floors.
Geological conditions created by the numerous faults will result in increased fire
danger to structures, delayed Fire Department response, and unique rescue challenges.
Seismic events of sufficient magnitude will cause substantial damage to structures.
These damages are likely to be accompanied by a substantial number of fires that may
333
exceed the Fire Department suppression capabilities. Accordingly, built-in fire suppression
systems provide the only adequate measure to mitigate the potential hazards from and
damage caused by such fires.
The County of Los Angeles/District is subject to occasional severe rainstorms. The
impacts from these rainstorms are exacerbated if hillside areas have been burned by wildland
fires because significant mud and debris flows can occur. Mud and debris flows can impair
Fire Department access or delay response times if access roads are obstructed by mud or
debris.
TOPOGRAPHICAL – The topographical conditions of the County of
Los Angeles/District includes many mountains, hills, and canyons which tend to accelerate
the periodic high-velocity winds by means of a Venturi effect. These canyon winds and the
significant growth of vegetation of a combustible nature increase the fire danger.
Additionally, long periods of dry, hot weather, combined with unpredictable seasonal winds
(Santa Ana wind conditions) result in increased exposure to fire risk.
The hillside areas have access roads that are narrow, steep, and contain many sharp curves,
all of which makes timely response by large fire apparatus difficult.
The specific sections of this code that constitute more restrictive building standards
are identified in the table set forth below. The more restrictive building standards contained
in this code and identified in the table below shall be applicable only in those cities served by
the District which have ratified the aforesaid sections in accordance with California Health
and Safety Code Section 13869.
Section Local Condition Explanation and Findings
110
Administrative Adds fire protection fees for new development in
City. This is an administrative amendment, which
does not modify the building standard as defined
in California Health and Safety Code section
18909.
304.1.2 –
Vegetation.
Climatic and
Topographical
Local amendment requiring brush clearance to
maintain defensible space for fire operations that
334
Section Local Condition Explanation and Findings
is necessary due to the unique climate and
topography of the County/District to reduce risk of
fire and to minimize the spreading of fire to
structures.
314.4 –
Vehicles.
Climatic,
Geological, and
Topographical
Local amendment providing the fuel-amount
equivalencies for indoor display of vehicles using
alternative fuels and other newer technologies.
Necessary due to the increased risks of fire,
earthquake movement and damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
316.6.1 –
Structures.
Climatic,
Geological, and
Topographical
Imposes additional requirements for the
grounding of construction under high-voltage
transmission lines to protect property, the public,
and fire fighters responding to emergencies.
Necessary due to the unique climate and
topography of the County/District to reduce risk of
fire, to reduce the possibility of fires being causes
by downed high-voltage transmission lines, to
minimize the spreading of fires that may begin
under transmission lines, and to protect fire
fighters responding to emergencies under
transmission lines. Further necessary because
risk of fire is increased due to the prevalence of
earthquakes in the County/District.
321 – Artificial
Combustible
Vegetation.
Administrative Deletion in order to clarify that neither the State
nor the District adopts this section or the sections
of Chapter 8 that are referenced by it.
322.3 – Fire
safety plan.
Administrative. Declaratory of existing law for clarification to the
code user.
322.4.1 –
Limited indoor
storage in
containers.
Climatic,
Geological, and
Topographical
Local amendment providing the ability for the fire
code official to consider other factors affecting
the safety of the placement containers used for
the collection of damaged and used lithium-
based batteries. These batteries have been
identified as a known source of fires, especially
when damaged or aged. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
335
Section Local Condition Explanation and Findings
County/District. These factors also complicate
response times, water needs and availability, and
access.
326.7 – Fire
protection
facilities
required.
Climatic,
Geological, and
Topographical
Local amendment to require fire safety measures
including but not limited to water supply,
firebreaks, posting of fire watchers, access roads,
restriction of activities during high fire hazard and
other conditions to maintain reasonable fire
safety. Necessary due to the unique climate and
topography of the County/District to reduce risk of
fire, to reduce the possibility of wildland fires
spreading to structures, and to minimize impacts
of fire. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
326.12.2 –
Chimneys.
Climatic and
Topographical
Local amendment to reduce the threat of fires by
requiring spark arrestors on chimneys that is
necessary due to the unique climate and
topography of the County/District to reduce risk of
fire and to minimize impacts of fire. Such spark
arrestors reduce the likelihood of embers exiting
a chimney and igniting a fire. These spark
arrestors are required by the SFM in both CCR
Title 19 and the Building Code.
326.14 –
Roadway
clearance.
Climatic and
Topographical
Local amendment requiring clearance of
roadways to provide adequate access for
firefighting apparatus, to create defensible space
for fire operations, and to reduce the possibility of
wildland fires spreading to structures. Necessary
due to the unique climate and topography of the
County/District.
401.10 – Fire
watch
procedures,
401.10.1,
401.10.2,
401.10.3,
401.10.4,
401.10.5,
401.10.6.
Climatic,
Geological, and
Topographical
Provides for consistency in the minimum
requirements of a fire watch program. Necessary
to ensure adequate response times and actions
due to the unique climatic and topographical
conditions that increase the risk of fires in fire
hazard severity zones. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.
336
Section Local Condition Explanation and Findings
503.1.1 –
Buildings and
facilities.
Climatic,
Geological, and
Topographical
Provides for clarification regarding the
determination of the fire code official for certain
special circumstances. Necessary to ensure
adequate response times and actions due to the
unique climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
503.1.2 –
Additional
access.
Climatic,
Geological, and
Topographical
Provides for additional access requirements
necessary because of terrain, climate, or other
factors that limit access. Necessary to ensure
adequate response times due to the unique
climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
503.2.1 –
Dimensions,
503.2.1.1,
503.2.1.2,
503.2.1.2.1,
503.2.1.2.2,
503.2.1.2.2.1,
503.2.1.2.2.2
Climatic,
Geological, and
Topographical
Requires unobstructed clearance to sky on fire
apparatus access roads with exception for
protected tree species. Necessary to prevent
obstruction of access roads by tree limbs or other
obstructions and thus allow for quick response
times to fires and other emergencies. Necessary
to ensure adequate response times due to the
unique climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Requires sufficient fire apparatus access
road widths and the location of said roads in
respect to buildings. Necessary because risk of
fire and collapse is increased due to the
prevalence of earthquakes in the County/District.
503.2.4 –
Turning radius,
503.2.5 –
Dead-ends,
503.2.7 –
Grade.
Climatic,
Geological, and
Topographical
Provides for more stringent width, turning radius,
and grade specifications for access roads to
ensure access for fire apparatus. Necessary due
to unique climatic and topographical conditions
that increase the risk of fires. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.
337
Section Local Condition Explanation and Findings
503.4 –
Obstruction of
fire apparatus
access roads.
Climatic,
Geological, and
Topographical
Adds speed bumps and speed humps to list of
prohibited obstructions to fire apparatus access
roads. Speed bumps and speed humps reduce
response times to fires and other emergencies
because fire apparatus have to slow down to
pass over them or drive around them. Necessary
to ensure adequate response times due to the
unique climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
503.4.1 –
Traffic-calming
devices.
Climatic,
Geological, and
Topographical
Requires fire code official approval to install
traffic calming devices such as speed bumps and
speed humps. Such devices can reduce
response times to fires and other emergencies.
Necessary to ensure adequate response times
due to the unique climatic and topographical
conditions that increase the risk of fires in fire
hazard severity zones. This section is necessary
because the risk of fire is increased due to the
prevalence of earthquakes in the County/District.
503.6 – Gates. Climatic,
Geological, and
Topographical
Requires gates placed across fire apparatus
access roads meet parameters to ensure
emergency access widths and operability.
Necessary due to the increased risks of fire,
earthquake damage, and electrical power
interruption that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District.
503.7 – Fire
apparatus
access roads
in recreational
vehicle,
mobilehome,
manufactured
housing, sales
lots, and
storage lots.
Climatic,
Geological, and
Topographical
Requires fire apparatus access roads in
recreational vehicle, mobilehome, manufactured
housing, sales lots, and storage lots. Necessary
to ensure adequate water supply and access to
such locations due to the unique climatic and
topographical conditions that increase the risk of
fires in fire hazard severity zones. Further
necessary because the risk of fire is increased
due to the prevalence of earthquakes in the
County/District.
503.8– Fire
apparatus
access roads
in mobilehome
parks and
Climatic,
Geological, and
Topographical
Requires additional fire apparatus access roads
in mobilehome parks and special occupancy
parks. Necessary to ensure adequate water
supply and access to such locations due to the
unique climatic and topographical conditions that
338
Section Local Condition Explanation and Findings
special
occupancy
parks.
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
504.5 –
Rooftop
barriers and
parapets.
Climatic,
Geological, and
Topographical
Provides for emergency access to and egress
from the roof in the event of fire or other
emergency. Necessary because of increased
danger of fire in the County/District due to unique
climatic, geological, and topographical conditions.
506.1 – Where
required.
Climatic,
Geological, and
Topographical
Local amendment providing for access to
structures or areas where immediate access is
necessary for life-saving or fire-fighting purposes.
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
507.2.2 –
Water tanks.
Climatic,
Geological, and
Topographical
Requires installation and maintenance standards
for water tanks providing water for fire protection.
Extends certain requirements to associated
support structures and piping. Necessary due to
the increased risks of fire and exposure that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These unique conditions also
increase emergency response times, thereby
increasing the time during which these water tank
systems must remain in functional order.
507.5.10 –
Draft system
identification
sign.
Climatic,
Geological, and
Topographical
Provides posting of sign to notify Fire Department
of draft hydrants, including those for swimming
pools and spas in fire hazard severity zone.
Necessary because of unique climatic and
topographical conditions that increase the risk of
fires in fire hazard severity zones. Further
necessary because risk of fire is increased due to
the prevalence of earthquakes in the
County/District.
509.1.1 –
Utility and
hazardous
equipment
identification,
509.2 –
Climatic,
Geological, and
Topographical
Provides for identification and access to the
disconnection means that are required for
hazardous equipment and/or energy sources
serving structures, as necessary for the
protection of life and for fire-fighting purposes.
Necessary due to the increased risks of fire,
339
Section Local Condition Explanation and Findings
Equipment
and
disconnection-
means access,
509.3
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
510.1 –
Emergency
responder
communicatio
n coverage
(ERCC) in new
buildings.
Administrative Clarifies how the fire code official will make the
determination that is required of them by the
State code.
510.4.1,
510.4.1.1,
510.4.1.2,
510.4.2,
510.4.2.3,
510.5, 510.5.1,
510.5.4, 510.6,
510.6.2 –
Emergency
responder
communicatio
n coverage.
Climatic,
Geological, and
Topographical
When the circumstances of a structure
necessitate emergency responder
communication coverage systems, this
amendment specifies “critical areas” of the
building, referred to in the State code, at which it
is critical that emergency personnel have radio
coverage. This list of areas is built upon the list
of areas that are required to be served when a
wired system is installed in lieu of an emergency
responder radio coverage system. Systems are
required to be provided with standby power for a
duration of time. Amendment also clarifies
required design standards otherwise left up to
determination by the fire code official. Necessary
due to the increased risks of fire, earthquake
movement and damage, and electrical power
interruption that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. Further necessary due to
the artificial topographical physical features of a
structure or area that limit and/or interfere with
emergency radio communications for first
responders.
603.4 –
Working space
and
clearances.
Climatic,
Geological, and
Topographical
Provides for maintenance of the working
clearances that are required to be maintained
about electrical equipment such as electrical
panels and other equipment specified by the
Electrical Code. Necessary due to the increased
risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
340
Section Local Condition Explanation and Findings
County/District. These factors also complicate
response times, water needs and availability, and
access.
603.4.1 –
Electrical
signage and
labeling.
Climatic,
Geological, and
Topographical
Provides clarification of the interpretation of this
section, and reference to the related section of
code. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
604.4 –
Emergency
signs.
Climatic,
Geological, and
Topographical
Provides guidance with local criteria that the fire
code official will use in making the determination
required of them by this section. Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6 –
Inspection,
testing, and
maintenance.
Climatic,
Geological, and
Topographical
Prohibits obstruction or impairment of fire
protection and life safety system equipment,
including initiating devices, alarm notification
appliances, and annunciators. Necessary due to
the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6.4 –
Aboveground
controls and
valves for
water-based
fire protection
systems.
Climatic,
Geological, and
Topographical
Introductory section to Sections 901.6.4.1
through 901.6.4.4. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6.4.1
–Signage.
Climatic,
Geological, and
Topographical
Provides signage requirements for water-control
valves to facilitate fire-fighter identification and
use of said valves in an emergency. Necessary
341
Section Local Condition Explanation and Findings
because of unique climatic and topographical
conditions that increase the risk of fires in fire
hazard severity zones. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.
901.6.4.2 –
Locks.
Climatic,
Geological, and
Topographical
Provides for the security, and accessibility to
proper authorities, of water-based fire protection
systems. Necessary due to the increased risks
of fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
901.6.4.3 –
Painting
identification.
Climatic,
Geological, and
Topographical
Provides for the identification and maintenance of
water-based fire protection systems. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6.4.4 –
Clear space.
Climatic,
Geological, and
Topographical
Provides clearance requirements for water-
control valves to facilitate fire-fighter identification
and use of said valves in an emergency.
Necessary because of unique climatic and
topographical conditions that increase the risk of
fires in fire hazard severity zones. Further
necessary because risk of fire is increased due to
the prevalence of earthquakes in the
County/District.
903
Automatic
Sprinkler
Systems
Climatic,
Geological, and
Topographical,
with dense
population and
construction in
close proximity
to neighboring
properties
Amends § 903.2 to require automatic sprinkler
systems in locations described in Sections 903.2.1
through 903.2.13
342
903
Automatic
Sprinkler
Systems
Climatic,
Geological, and
Topographical,
with dense
population and
construction in
close proximity
to neighboring
properties
Adds § 903.2.13 to require fire sprinklers when
existing buildings are subject to alteration or
expansion as specified
903.2.8 –
Group R.
Climatic,
Geological, and
Topographical
Requires that fire sprinklers be installed in
mobilehomes and manufactured homes located
outside of mobilehome parks. Necessary due to
the increased risks of fire and exposure that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District.
903.2.11.7 –
Occupancies
in fire hazard
severity zones
and within the
San Gabriel
Climatic,
Geological, and
Topographical
Provides an additional level of protection to
occupancies in case of a fire by requiring
installation of automatic fire sprinklers.
Necessary because of unique climatic and
topographical conditions that increase the risk of
catastrophic fires in fire hazard severity zones
343
Section Local Condition Explanation and Findings
Southface
Area or
Malibu–Santa
Monica
Mountains
Area.
and due to the topography that reduces response
times to fires. Further necessary because risk of
fire is increased due to the prevalence of
earthquakes in the County/District.
903.4.2,
903.4.2.1 –
Remote
annunciator.
Climatic,
Geological, and
Topographical
Provides for fire-fighter access to the alarm
system information/status where necessary due
to otherwise being inaccessible or inapparent.
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
904.1.1 –
Certification of
service
personnel for
fire-
extinguishing
equipment
Administrative. Clarification to the code user that neither the
Consolidated Fire Protection District of
Los Angeles County, nor the State of California
adopt this section.
904.3.5 –
Monitoring.
Climatic,
Geological, and
Topographical
Requires monitoring of all automatic fire-
extinguishing systems when a sprinkler
monitoring system is otherwise required.
Necessary due to the increased risks of fire and
exposure that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District.
905.2.1 –
Class I
standpipes.
Climatic Construction and installation requirements for
Class I standpipes to ensure adequate fire
protection systems and water supply due to fires
in the hot and windy climate of the
County/District.
905.4 –
Location of
Class I
standpipe
hose
connections,
905.4.3.
Climatic Installation/Regulation of Fire Protection System
to ensure proper location of hose connection to
control fires in the hot and windy climate of the
County/District.
344
Section Local Condition Explanation and Findings
905.5.3 –
Class II
system
1½-inch hose.
Climatic Installation and regulation of interior wet
standpipes to ensure adequate fire protection
system due to fires in the hot and windy climate
of the County/District.
905.9 – Riser
shutoff valve
supervision
and drain.
Climatic Additional requirements to fire protection system
for testing, maintenance, and operation.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions.
905.13 –
Standpipe
diameter.
Climatic Size requirements for Class III standpipes to
ensure adequate fire protection system.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions.
910.2 –
Where
required.
Climatic and
geological
Requires smoke and heat removal for buildings.
Necessary to increase ability of fire fighters to
respond to, and fight, fires in buildings.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions and the prevalence of earthquakes in
the County/District.
910.2.3 –
Group S-2.
Climatic,
Geological, and
Topographical
Requires smoke and heat removal for basement-
level parking garages. Necessary to increase
ability of fire fighters to respond to fires in parking
garages. Necessary due to the increased risks of
fire and earthquake damage that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. Further necessary due to the
artificial topographical physical features of a
structure or area that limit and/or interfere with
the ability of emergency responders to protect
life, property, and the environment.
345
Section Local Condition Explanation and Findings
910.3 –
Smoke and
heat vent
design and
installation.
910.3.2,
910.3.4,
910.3.4.1,
910.3.4.2,
910.3.4.2.1,
910.3.4.2.2,
910.3.4.3
910.3.5.
Climatic,
Geological, and
Topographical
Requirements for smoke and heat vents in
buildings. Necessary due to the increased risks
of fire and earthquake damage that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. Further necessary due to the
artificial topographical physical features of a
structure or area that limit and/or interfere with
the ability of emergency responders to protect
life, property, and the environment.
910.4.3,
910.4.4 –
Mechanical
smoke
removal
systems.
Geological Requirements for smoke and heat vents and
mechanical smoke removal systems in buildings.
Necessary because of increased danger of fire in
the County/District due to seismic concerns with
potential water supply issues.
912.2 –
Location.
Geological and
Topographical
Requires that more than one fire department
connection may be required. Necessary due to
natural and artificial local topography, and the
effects of seismic activity that could limit and/or
interfere with the ability of emergency responders
to access certain locations.
912.2.1 –
Visible
location.
Climatic,
Topographical,
Geological
Requires fire department connections to be
located within 150 feet of a public fire hydrant
and at a safe distance from the building.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions. Further necessary because the risk
of fire is increased due to the prevalence of
earthquakes in the County/District.
912.7 –
Inspection,
testing and
maintenance.
Climatic,
Geological, and
Topographical
Clarifies where provisions for signage, painting,
hose threads, physical protection, and clear
space, for fire department connections, shall
apply. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
912.8 –
Identification
Climatic,
Topographical
Requires red paint on fire department
connections subject to rust or corrosion to identify
346
Section Local Condition Explanation and Findings
— paint color. them to fire fighters and protect from the
elements. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions.
912.9 –
Breakable
caps or plugs.
Climatic,
Topographical
Requires breakable caps or plugs for fire hose
couplings to protect them from the elements and
to ensure easy access to the fire department
connection during fires. Necessary because of
increased danger of fire in the County/District due
to hot and windy conditions.
914.9.1 –
Spray booths.
Climatic Requires spray booths to have automatic fire
sprinkler system protection under specified
conditions. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions. Further necessary
because the risk of fire is increased due to the
prevalence of earthquakes in the County/District.
1032.4 – Exit
signs,
1032.4.1,
1032.4.2,
1032.4.3
Climatic,
Geological, and
Topographical
Requirements for minimum exit signage
maintenance, including a bringing-to-one-location
of existing CA requirements scattered about the
code and/or providing reference thereto.
Addresses warnings against elevator use in an
emergency, and stairway access. Necessary to
ensure proper notice and evacuation in case of
fire or other emergency. Necessary because of
increased danger of fire in the County/District due
to hot and windy conditions. Further necessary
because risk of fire and need for evacuation is
increased due to the prevalence of earthquakes
in the County/District.
1103.11 – Fire
department
access.
Climatic,
Geological, and
Topographical
Clarifies where provisions for fire department
access apply, including reference to a related
section of the code. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1203.2.3 –
Emergency
responder
communicatio
n coverage
Climatic,
Geological, and
Topographical
Maintains current level of safety by maintaining
current standby-power capacity duration for
emergency responder communication coverage
systems. Necessary due to the increased risks
of fire, earthquake damage, and unpredictable
347
Section Local Condition Explanation and Findings
systems. power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
1203.2.5 –
Exhaust
ventilation.
Climatic,
Geological, and
Topographical
Maintains current level of safety by maintaining
current standby-power capacity duration for
electrical energy storage system mechanical
exhaust ventilation systems. Necessary due to
the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1203.2.7 –
Gas detection
systems.
Climatic,
Geological, and
Topographical
Corrects reference number for section
addressing exhaust ventilation for electrical
energy storage systems. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1204.4 –
Grounding.
Climatic,
Geological, and
Topographical
Clarifies when grounding will be required of
portable generators. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1205.2 –
Access and
pathway.
Climatic,
Geological, and
Topographical
Clarifies that exceptions to access and pathway
requirements may not negate the ability of
occupants to reliably identify escape and rescue
pathways and avoid electrified components
therein. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
348
Section Local Condition Explanation and Findings
availability, and access.
1205.4 –
Buildings with
rapid
shutdown.
Climatic,
Geological, and
Topographical
Provides reference to the related section of code.
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
1205.5.1 –
Vegetation
control.
Climatic,
Geological, and
Topographical
Clarifies where this maintenance provision
applies. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
1206.10 –
Manual
shutoff.
Climatic,
Geological, and
Topographical
Provides reference to the related section of code,
and harmonizes this section thereto. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.1.2 –
Permits,
1207.1.3,
1207.1.4,
1207.1.4.1,
1207.1.4.2,
1207.1.5,
1207.1.7.
Climatic,
Geological, and
Topographical
Require approved permitting for electrical energy
storage systems (ESS), including
criteria/clarification regarding hazard mitigation
analysis and special approvals beyond what the
code allows by default. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.3.4,
1207.3.4.1,
1207.3.5
Climatic,
Geological, and
Topographical
Specifies design and installation requirements for
electrical energy storage systems (ESS).
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
349
Section Local Condition Explanation and Findings
complicate response times, water needs and
availability, and access.
1207.4 –
General
installation
requirements,
1207.4.1,
1207.4.2,
1207.4.7,
1207.4.8 –
Signage.
Climatic,
Geological, and
Topographical
Specifies/clarifies location, separation, and
signage requirements for electrical energy
storage systems (ESS). Provides clarification
and reference to other code requirements already
applicable to these installations. Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, responding resources, water
needs and availability, and access.
1207.5.2,
1207.5.8,
Table 1207.7,
1207.7.1,
1207.7.2,
1207.7.3,
1207.7.4,
1207.8.3,
1207.8.4.
Climatic,
Geological, and
Topographical
Specifies/clarifies location and separation
requirements for electrical energy storage
systems (ESS). Maintains preexisting safety
levels. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
1207.4.13,
1207.5.4 –
Fire detection,
1207.6.1.1,
1207.6.1.2,
1207.6.1.2.1,
1206.1.2.2,
1207.6.1.2.3
1207.6.1.2.4.
Climatic,
Geological, and
Topographical
Specifies requirements for fire-extinguishing
systems, ventilation, standby power, gas
detection, explosion control, and the ability to
release energy, for electrical energy storage
systems (ESS). Includes references to the code
sections regarding fire department connections
and hydrants. Necessary due to the increased
risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
Table 1207.6,
1207.6.1.1–12
07.6.1.2.4.
Climatic,
Geological, and
Topographical
Specifies design and installation requirements for
various battery technologies used in electrical
energy storage systems (ESS). Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
350
Section Local Condition Explanation and Findings
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.6.3 –
Explosion
control.
Administrative Corrects typo to reference therein to a section
within Chapter 1, which was reorganized in
2021/2022.
1207.4.6 –
Combustible
storage,
1207.5.7 –
Vegetation.
Climatic,
Geological, and
Topographical
Clarifies that combustible storage within ESS
cabinets and enclosures is not allowed, and that
vegetation maintenance (operational)
requirements for electrical energy storage
systems (ESS) apply to both new and existing
installations. Necessary due to the increased
risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.9.4,
1207.9.5.
Climatic,
Geological, and
Topographical
Addresses special installations of battery energy
storage systems (ESS), including those on
rooftops and in parking garages. Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
Table 1207.10,
1207.10.6,
1207.10.7.2,
1207.10.7.3,
1207.10.7.6.
Climatic,
Geological, and
Topographical
Addresses mobile versions of electrical energy
storage system (ESS) installations. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.11,
1207.11.1,
1207.11.2.1,
1207.11.3,
1207.11.3.1,
Climatic,
Geological, and
Topographical
Addresses installations of battery energy storage
systems in Group R-3 and R-4 occupancies.
Maintains and clarifies standing requirements in
the jurisdiction in order to maintain minimum
levels of safety regarding explosion, fire, and
351
Section Local Condition Explanation and Findings
1207.11.4,
1207.11.5.1,
1207.11.6,
1207.11.7,
1207.11.7.1,
Figure
1207.11.7.1,
1207.11.7.2,
1207.11.7.3,
1207.11.7.4,
1207.11.7.4.1,
1207.11.7.4.2,
1207.11.8.
toxic gas hazards, both for the property in
question and that of neighboring properties.
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, responding
resources, water needs and availability, and
access.
2007.9
–Emergency
Helicopter
Landing
Facility
(EHLF),
2007.9.1.
Climatic and
Topographical
Provides for public safety by an
evacuation/landing area on high-rise buildings
and the maintenance thereof. Necessary due to
large number of high-rise buildings in the
County/District and difficulty in evacuating high-
rise buildings, and getting resources thereto, in
case of fire or other emergency.
2007.10
–Ground-
based
helicopter
facilities,
2007.10.1 –
Surface.
Climatic,
Geological, and
Topographical
Provides design standards for helistops and
heliports, primarily for establishment in fire
hazard severity zones, to enable helicopters and
associated water tenders and support equipment
to safely operate to conduct operations to combat
fires and render other services in those areas.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions and topography that hinders the ability
for fire apparatus to gain access to remote
portions of the County/District. Further
necessary due to the increased risks of
earthquake damage that complicate response
times, water needs and availability, and access.
352
Section Local Condition Explanation and Findings
2007.10.2 –
Hydrant.
Climatic;
Topographical
Requires a hydrant next to helistops and
heliports, especially in fire hazard severity zones,
to enable helicopters to fill their tanks to facilitate
water drops on wildland fires in those areas, and
for response to aviation accidents. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions
and topography that hinders the ability for fire
apparatus to gain access to remote portions of
the County/District.
2007.10.3 –
Access.
Climatic;
Topographical
Adopts requirements for fire apparatus access to
helistops and heliports, especially in fire hazard
severity zones, to enable support equipment and
apparatus associated with helicopter operations
to combat fires and render other services in those
areas. Necessary because of increased danger
of fire in the County/District due to hot and windy
conditions and topography that hinders the ability
for fire apparatus to gain access to remote
portions of the County/District.
2007.11 –
Maintenance,
2007.11.1 –
Fire
Department
permit
required.
Climatic,
Geological, and
Topographical
Requires maintenance of the safe and necessary
functionality of a new or existing helicopter facility
intended to some extent for emergency Fire
Department use. Where such functionality or
availability is impaired, a permit and/or
notification is required. Necessary because of
increased danger of fire in the County/District due
to hot and windy conditions; and both topography
and seismic geological activity that hinders the
ability for fire apparatus to gain access to
portions of the County/District, including for
patient care.
2203.3 – Dust-
collection
systems.
Climatic,
Geological, and
Topographical
Clarifies applicability of this provision, corrects
reference error by the State, and maintains the
required interlock provision. Necessary due to
the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
2203.4.2 –
Static
electricity.
Climatic,
Geological, and
Topographical
Maintains the requirement for permanent
grounding or bonding in accordance with
approved standards. Necessary due to the
353
Section Local Condition Explanation and Findings
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
2404.4 – Fire
protection.
Climatic Provides for spray booths to be equipped with
automatic fire sprinklers. Necessary because of
increased danger of fire in the County/District due
to hot and windy conditions.
2504.6, 2507.2
–FRUIT AND
CROP
RIPENING
Climatic and
Geological
Provides requirements for fruit and crop ripening
operations to prevent ignition of ethylene gas and
reduce risk of fire and explosion. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions
and to reduce risk of fires and explosion from
earthquakes.
3104.5 –
Helicopter
landing
facilities.
Climatic,
Geological, and
Topographical
Provides notice within the section concerning
tents and temporary membrane structures that
consideration must be given to nearby helicopter
landing facilities so as not to interfere with their
safe and necessary functionality. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions;
and both topography and seismic geological
activity that hinders the ability for ground-based
fire apparatus to gain access to portions of the
County/District, including for patient care.
3107.15.2.1 –
Quantity limit.
Climatic,
Geological, and
Topographical
Harmonizes the code by providing reference to
the related section of the code. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions;
and both topography and seismic geological
activity that hinders the ability for ground-based
fire apparatus to gain access to portions of the
County/District, including for patient care.
3107.18 –
Combustible
vegetation.
Climatic and
Topographic
Increased clearance requirements for
combustible vegetation near tents and membrane
structures. Necessary to increase fire and life
safety around such structures and to create
defensible space. Necessary because of fire risk
due to climate and unique topography of the
County/District.
354
Section Local Condition Explanation and Findings
TABLE 3206.2 Climatic and
Geological
Removes an exception for smoke and heat
removal in high-piled combustible storage.
Necessary because of unique climatic conditions
that increase the risk of fires. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.
3305.5.2.1 –
Duties.
Climatic,
Geological, and
Topographical
Harmonizes this new provision to the other
longstanding requirements for fire watch within
the code. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions; and both topography and
seismic geological activity that hinders the ability
for ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
3505.9 –
Flashback
prevention.
Geological Requires protective devices to be installed on
fuel gas and oxygen lines to increase safety and
reduce risk of explosion and fire. Necessary
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
4801.3 –
DEFINITIONS.
Climatic,
Geological, and
Topographical
Clarifies the interpretation of the code for the
code user. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions; and both topography and
seismic geological activity that hinders the ability
for ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
4902.1 –
General.
Climatic,
Geological, and
Topographical
Provides definitions by which to clarify the
interpretation of the code for the code user.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions; and both topography and seismic
geological activity that hinders the ability for
ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
4906.2 –
Application.
Climatic,
Geological, and
Topographical
Serves to clarify the interpretation of the code for
the code user. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions; and both topography and
seismic geological activity that hinders the ability
for ground-based fire apparatus to gain access to
portions of the County/District, including for
355
Section Local Condition Explanation and Findings
patient care.
4906.3 –
Landscape
Plans,
4906.3.1 –
Contents.
Climatic,
Geological, and
Topographical
Original content is being moved to become
subsections of 4906.3, and these sections are
being utilized to explain the administrative
procedures for fuel modification plans in fire
hazard severity zones within the jurisdiction.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions; and both topography and seismic
geological activity that hinders the ability for
ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
4906.3.2 –
Penalties,
4906.3.3 –
Appeals,
4906.3.4 Fuel
modification
plan review
fee schedule.
Administrative Provide administrative procedures regarding the
fuel modification plan process.
4906.3.5,
4906.3.5.1,
4906.4,
4906.4.1,
4906.4.2,
4906.4.2.1.
Administrative Renumbering of code sections for harmonization
with longstanding local provisions within which
these processes (newly described by new State
language) have and will continue to take place.
4907.3 –
Requirements.
Administrative Provides reference to other applicable codes;
declaratory of existing law.
4907.3 –
Requirements.
Climatic and
Topographical
Local amendment providing notice of preexisting
requirement that defensible space shall also
comply with vegetation clearance requirements
elsewhere in the Fire Code (e.g., for LPG tanks,
PV, and ESS), as well as specifically within
Chapter 3 of this code. Necessary due to the
unique climate and topography of the
County/District to reduce risk of fire and to
minimize impacts of fire in Fire Hazard Severity
Zone.
5003.11.3.8 –
Floors.
Climatic and
Geological
Creates requirements for floors in buildings
where hazardous materials are used or stored.
Necessary to increase fire and life safety and to
minimize fire danger from hazardous materials.
Necessary because risk of fire and spillage of
hazardous materials is increased due to the
356
Section Local Condition Explanation and Findings
prevalence of earthquakes in the County/District.
5704.2.8.3 –
Secondary
containment.
Geological Requires secondary containment of flammable
and combustible liquids that are necessary to
increase fire and life safety and to prevent fires
involving flammable and combustible liquids from
spreading. Necessary because risk of leaks or
tank failure is increased due to the prevalence of
earthquakes in the County/District.
5704.2.8.16.1
– System
requirements.
Climatic and
Geological
Requires foam deluge system. Necessary
because of increased danger of fire in the
County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
5704.2.9.1.1 –
Required foam
fire protection
systems.
Geological and
Climatic
Requires all existing aboveground tanks
exceeding 1,500 square feet of liquid surface
area used for the storage of Class I or Class II
flammable liquids to be provided with foam fire
protection. Necessary because of increased
danger of fire in the County/District due to
climatic conditions and because risk of leaks or
tank failure is increased due to the prevalence of
earthquakes in the County/District.
5704.2.9.6.1.3
– Location of
tanks for
boilover
liquids.
Geological and
Climatic
Provides for additional spacing between tanks to
reduce fire danger and help prevent fire from
spreading to adjacent tanks. Necessary because
of increased danger of fire in the County/District
due to climatic conditions and because risk of
leaks or tank failure is increased due to the
prevalence of earthquakes in the County/District.
5704.3.7.6 –
Construction.
Geological and
Climatic
Construction and fire access requirements for
liquid storage rooms. Necessary because of
increased danger of fire in the County/District due
to climatic conditions and because risk of
explosion or container failure is increased due to
the prevalence of earthquakes in the
County/District.
5706.5.1.1 –
Location.
Geological and
Climatic
Provides increased distances for bulk transfer
and process transfer operations so that they are
farther away from the public and other buildings.
Necessary because of increased danger of fire in
the County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
357
Section Local Condition Explanation and Findings
5706.5.1.19 –
Liquid transfer.
Geological and
Climatic
Class I, II, or III liquids shall be transferred from a
tank vehicle or tank car only into an approved
atmospheric tank or approved portable tank.
Necessary because of increased danger of fire in
the County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
6104.4 –
Multiple LP-
gas container
installations.
Geological and
Climatic
Requirements for LP-gas storage tank distances.
Necessary because of increased danger of fire in
the County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
CHAPTER 81
–AUTOMOBIL
E
WRECKING
YARDS
8104 – Fire
apparatus
access roads.
8106 –
Housekeeping.
8108 – Tires.
8110.4 –
Batteries.
Climatic,
Geological, and
Topographical
Creates requirements for fire access roads and
storage requirements for tire storage in
automobile wrecking yards to enable fire
apparatus and fire fighters to gain access to fight
fires and respond to emergencies. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
CHAPTER 82
–
INFRACTION
S.
Administrative Lists the violations deemed to be infractions
rather than the standard misdemeanor required
by the provisions of Chapter 1.
CHAPTER 83
–
CONSOLIDAT
ED FIRE
PROTECTION
DISTRICT OF
LOS
ANGELES
COUNTY
FIRE CODE
Administrative Declaration of this code as the Fire Code for the
Consolidated Fire Protection District of
Los Angeles County (“District”).
APPENDIX B,
Section
B105.1 – One-
and two-family
Topographical
and Climatic
Provides for increased minimum fire-flow in fire
hazard severity zones to allow for more water to
be available to fight fires. Necessary because of
increased danger of fire in the County/District due
358
Section Local Condition Explanation and Findings
dwellings,
Group R-3 and
R-4 buildings
and
townhouses.
to climatic and topographical conditions.
APPENDIX B,
Section
B105.5 – Land
subdivision
projects.
Topographical
and Climatic
Provides for increased fire-flow for subdivisions
of certain undeveloped land due to the
undetermined building size and type of
construction to allow for sufficient water to be
available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.
APPENDIX C,
Section
C102.2 –
Location on
street.
Topographical
and Climatic
Provides for hydrant spacing on streets to ensure
hydrants are accessible to fire fighters.
Necessary because of increased danger of fire in
the County/District due to climatic and
topographical conditions.
APPENDIX C,
Section
C105.2 – One-
and two-family
dwellings, and
Group R-3
buildings.
Topographical
and Climatic
Provides for hydrant spacing to ensure that water
is available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.
APPENDIX C,
Section
C105.3 -
Buildings other
than one- and
two-family
dwellings, and
Group R-3
buildings.
Topographical
and Climatic
Provides for hydrant spacing for buildings other
than one- and two-family dwellings, and Group R-
3 buildings to ensure that there is adequate water
supply available to fight fires. Necessary
because of increased danger of fire in the
County/District due to climatic and topographical
conditions.
APPENDIX C,
Section
C105.4 –
Cul-de-sac
hydrant
location.
Topographical
and Climatic
Provides for hydrant spacing for cul-de-sacs to
ensure that there is adequate water supply
available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.
APPENDIX C,
Section C106 -
On-site
hydrants.
Topographical
and Climatic
Provides requirements for on-site hydrants to
ensure that there is adequate water supply
available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.
APPENDIX O, Topographical, Provides various design and location
359
Section Local Condition Explanation and Findings
Section O103
– General
requirements.
Geographic, and
Climatic
requirements for temporary haunted houses,
ghost walks, and similar amusement uses where
the means of egress are not apparent due to
decorative materials, confusing sounds, and/or
visual effects. Necessary because of increased
danger of fire in the County/District due to
climatic and topographical conditions and the
prevalence of earthquakes in the County/District.
APPENDIX PP
– LOCAL
AGENCY
VERY HIGH
FIRE HAZARD
SEVERITY
ZONES
Administrative Portion of ordinance serving to fulfill the Statutory
requirements of the County/District per California
Government Code Sections 51175 through
51189. Recognizes the authorities of the State to
impose Fire Hazard Severity Zone designations
and of individual cities to expand upon them
within the parameters defined by State statute.
Also serves to define the “Malibu–Santa Monica
Mountains Area” and the “San Gabriel Mountains
Southface Area” for the sprinkler provisions
therein, as described in Chapter 9.
APPENDIX
QQ – LOS
ANGELES
COUNTY
FIRE-CODE
FEE
SCHEDULE
Administrative Provides the code user with the Fire Department
fee schedule, specifically for the services
provided by the Fire Department in accordance
with the Fire Code.
APPENDIX
RR – RIFLE
RANGE
Topographical
and Climatic
Provides the basic fire- and life-safety
requirements for the operation of rifle ranges.
Necessary because of increased danger of fire in
the County/District due to climatic and
topographical conditions.
360
ANALYSIS
This ordinance repeals Title 32 – Fire Code – of the Los Angeles County Code,
which incorporated by reference portions of the 2019 Edition of the California Fire Code,
and replaces it with a new Title 32 containing that incorporates by reference the 2022
Edition of the California Fire Code, with certain changes and amendments, which itself
largely incorporates by reference, with certain changes and amendments, the 2021
Edition of the International Fire Code.
State law allows the County and Consolidated Fire Protection District of
Los Angeles County (District) to adopt more restrictive building standards than the 2022
Edition of the California Fire Code if they are reasonably necessary because of local
climatic, geological, and/or topographical conditions. This ordinance contains findings
that all of the amendments to the 2022 Edition of the California Fire Code that constitute
more restrictive building standards are reasonably necessary because of local climatic,
geological, and/or topographical conditions in the County of Los Angeles. This
ordinance further amends Title 32 by making administrative changes and editorial
corrections. Unless deleted or modified herein, the previously enacted provisions of
Title 32 continue in effect. This ordinance adopts Title 32 as the Fire Code for the
District.
Very truly yours,
DAWYN R. HARRISON
Interim County Counsel
By
JENNY P. TAM
Senior Deputy County Counsel
Justice and Safety Divison
JT:bd
Requested:10/19/22
Revised:11/28/22
361
ORDINANCE NO. 2023-0008
An ordinance amending Title 32 – Fire Code – of the Los Angeles County Code,
by repealing it and replacing it with the 2022 Edition of the California Fire Code, by
incorporating it by reference with certain changes and amendments, which itself largely
incorporates by reference, with certain changes and amendments, the 2021 Edition of
the International Fire Code.
This ordinance adopts more restrictive building standards than those imposed by
the State of California and its agencies that are reasonably necessary because of local
climatic, geological, and/or topographical conditions. Finally, this ordinance adopts
Title 32 as the Fire Code for the Consolidated Fire Protection District of Los Angeles
County.
The Board of Supervisors of the County of Los Angeles, also acting as the
governing body of the Consolidated Fire Protection District of Los Angeles County,
ordains as follows:
SECTION Title 32 is hereby repealed in its entirety.
SECTION California Code of Regulations Title 24 – Part 9: 2022
California Fire Code is hereby adopted by reference as Title 32 – Fire Code – of the
Los Angeles County Code, except as amended by those changes and additions
adopted in this ordinance. The section numbers used in this Title 32 are the same
numbers used in the California Fire Code due to its incorporation herein.
362
HOA.103903238.11 2
SECTION Section 100 is hereby added to read as follows:
100 CALIFORNIA FIRE CODE AND INTERNATIONAL FIRE
CODE ADOPTION BY REFERENCE:
Except as changed, amended, added to, or removed, as established by
ordinance and reflected herein, the following, as if set forth fully below, are hereby
adopted by reference, incorporated into, and shall be known as the chapters,
appendices, sections, and other parts of Title 32 of the Los Angeles County Code:
1.The 2022 Edition of the California Fire Code, Part 9 of California
Code of Regulations Title 24, including current and future errata
and supplements, as reflected by the "California Matrix Adoption
Tables" therein.
2.The following chapters of the 2021 Edition of the International Fire
Code, each in their entirety, as published with the 2022 Edition of
the California Fire Code, specifically for sections that were not
adopted as part of the 2022 Edition of the California Fire Code:
Chapters 1–7, 9–10, 12, 20–37, 39–40, 50–51, 53–56, 59–67, and
80.
3.The following chapters and appendices, each in their entirety, as
added by the County of Los Angeles:
a.Chapters 81–83.
b.Appendices O, PP, QQ, and RR.
A copy of the 2022 Edition of the California Fire Code, with errata and
supplements, and a copy of the 2021 International Fire Code shall be at all times
363
HOA.103903238.11 3
maintained by the Executive Office of the Board of Supervisors for use and examination
by the public.
SECTION Section 101.1 is hereby amended to read as follows:
101.1 Title.
These regulations shall be known as the Fire Code of [NAME OF
JURISDICTION]Title 32 of the Los Angeles County Code shall be known as the
LOS ANGELES COUNTY FIRE CODE, hereinafter referred to as "this code."
References made herein to the "California Fire Code" shall mean this code.
SECTION Section 101.2 is hereby amended to read as follows:
101.2 Scope.
This code establishes regulations affecting or relating to structures, processes,
premises and safeguards regarding all of the following:
. . .
5.Conditions affecting the safety of the fire fighters and emergency
responders during emergency operations.
6.Fire hydrant systems, water supply, fire equipment access, posting
of fire equipment access, parking, lot identification, weed
abatement, and combustible brush and vegetation that represents
an imminent fire hazard, debris abatement, combustible storage
abatement including flammable liquid storage, hazardous material
storage and use, open-flame and open-burning, and burglar bars at
State-regulated mobilehome and special occupancy parks within
the jurisdiction of the County of Los Angeles Fire Department as
364
HOA.103903238.11 4
per California Health and Safety Code Sections 18691 and
18873.5.
SECTION Section 101.2.1 is hereby amended to read as follows:
101.2.1 Appendices.
Provisions in the appendices shall not apply unless specifically adopted. Only
Appendix B, Appendix BB, Appendix C, Appendix CC, and Appendix H, from the
2022 California Fire Code have been incorporated into this code. This code also adopts
Appendix O, Appendix PP, Appendix QQ, and Appendix RR.
SECTION Section 101.3 is hereby amended to read as follows:
101.3 Purpose.
The purpose of this code is to establish the minimum requirements consistent
with nationally recognized good practice for providing a reasonable level of life safety
and property protection from the hazards of fire, explosion or dangerous conditions in
new and existing buildings, structures and premises, and to provide a reasonable level
of safety to fire fighters and emergency responders during emergency operations.
Consistent with this purpose, the provisions of this code are intended, and have always
been intended, to confer a benefit on the community as a whole and are not intended to
establish a duty of care toward any particular person.
This code shall not be construed to hold the County, the County of Los Angeles
Consolidated Fire Protection District, or any officer, employee, or agent thereof
responsible for any damage to persons or property by reason of any inspection
authorized herein or by reason of the issuance or non-issuance of any permit authorized
herein, and/or for any action or omission in connection with the application and/or
365
HOA.103903238.11 5
enforcement of this code. By adopting the provisions of this code, the County, any
district member city, or the County of Los Angeles Consolidated Fire Protection District,
does not intend to impose on itself, its employees, or agents any mandatory duties of
care toward persons and property within its jurisdiction so as to provide a basis of civil
liability for damages. This section is declaratory of existing law and is not to be
construed as suggesting that such was not the purpose and intent of previous code
adoptions.
SECTION Section 101.6 is hereby added to read as follows:
101.6 Amendments.
When reference is made to a portion of this code or other applicable laws or
ordinances, the reference applies to all amendments and additions now or hereafter
made. Where there is a conflict between amendments, unless otherwise expressly
noted, the most recent amendment shall apply.
SECTION Section 101.7 is hereby added to read as follows:
101.7 California Fire Code errata and supplements.
When the California Building Standards Commission approves and publishes
errata or supplements to the California Fire Code, Title 24, Part 9, any change made
that affects the requirement or meaning of any amendment found in this ordinance shall
not necessarily void or alter the requirement of that amendment. The fire code official
shall render the interpretation and intent of the amendment with the new language of
the errata or supplement as per Section 104.1.
366
HOA.103903238.11 6
SECTION Section 102.5 is hereby amended to read as follows:
102.5 Application of residential code.
Where structures are designed and constructed in accordance with the California
Residential Code, the provisions of this code shall apply as follows:
1.Construction and design provisions of this code pertaining to the
exterior of the structure shall apply including, but not limited to,
premises identification, fire apparatus access and water supplies.
Provisions of this code pertaining to the interior of the structure
shall apply when specifically required by this code including, but not
limited to, Section 903.2.11.7. Requirements pertaining to
disconnects, shutoffs, and identification of utility and similar
hazards shall apply in all cases unless expressly stated otherwise.
Where interior or exterior systems or devices are installed,
construction permits required by Section 105.6 of this code shall
apply.
2.Administrative, operational, and maintenance provisions of this
code shall apply.
SECTION Section 103.1 is hereby amended to read as follows:
103.1 Creation of agency County of Los Angeles Fire
Department.
The [INSERT NAME OF DEPARTMENT] is hereby created and the official in
charge thereofFire Marshal of the County of Los Angeles Fire Department ("Fire
Department"), the Fire Department being the fire authority of the Consolidated Fire
367
HOA.103903238.11 7
Protection District of Los Angeles County ("District"), shall be known as the fire code
official. The function of the agencyFire Department shall beis charged with the
implementation, administration and enforcement of the provisions of this code within the
jurisdiction of the District.
SECTION Section 103.2 is hereby amended to read as follows:
103.2 AppointmentFire Marshal.
The fire code official shall be appointed by the chief appointing authority of the
jurisdiction.The Fire Chief shall appoint a chief officer to the position of Fire Marshal.
SECTION Section 103.2.1 is hereby added to read as follows:
103.2.1 Health Hazardous Materials Division and Forestry
Division staff.
The provisions of this code may be enforced by any duly authorized member of
the Health Hazardous Materials Division or the Forestry Division of the Fire Department.
SECTION Section 103.2.2 is hereby added to read as follows:
103.2.2 Enforcement by Commissioner.
The provisions of Section 325 of this code may be enforced by the Agricultural
Commissioner of the County of Los Angeles.
SECTION Section 104.1 is hereby amended to read as follows:
104.1 General.
The fire code official is hereby authorized to enforce the provisions of this code.
The fire code official shall have the authority to render interpretations of this code and to
adopt policies, procedures, rules and regulations in order to implement its provisions or
to clarify the application of its provisions. Such interpretations, policies, procedures,
368
HOA.103903238.11 8
rules and regulations shall be in complianceconsistent with the intent and purpose of
this code. Such policies, procedures, rules and regulations shall not have the effect of
waiving requirements specifically provided for in this code. A copy of such
interpretations, rules, and regulations shall be filed with the Executive Office of the
Board of Supervisors and shall be in effect immediately thereafter.
SECTION Section 104.1.1 is hereby added to read as follows:
104.1.1 Enforcement authority.
Under the Fire Chief's direction, members of the Fire Department are authorized
to enforce all ordinances of the jurisdiction and the laws of the State pertaining to:
1.The prevention of fires.
2.The suppression or extinguishment of dangerous or hazardous
fires.
3.The storage, use, and handling of hazardous materials.
4.The installation and maintenance of automatic, manual, and other
private fire alarm systems and fire-extinguishing equipment.
5.The maintenance and regulation of fire escapes.
6.The maintenance of fire protection and the elimination of fire
hazards on land and in buildings, structures, and other property,
including those under construction.
7.The maintenance of means of egress.
8.The investigation of the cause, origin, and circumstances of fire and
unauthorized releases of hazardous materials.
9.Brush clearance.
369
HOA.103903238.11 9
10.All other matters within the scope of this code.
Note:For authority related to control and investigation of emergency scenes,
see Section 104.11.
SECTION Section 104.5.1 is hereby added to read as follows:
104.5.1 Fire and law enforcement personnel.
The fire code official and designated representatives of the fire code official may
issue citations for violations of this code, of the regulations authorized by this code, and
of the standards as set forth in Chapter 82 of this code.
When requested to do so by the fire code official, the chief of any law
enforcement agency is authorized to assign such available law enforcement officers as
necessary to assist the Fire Department in enforcing the provisions of this code.
SECTION Section 104.7 is hereby amended to read as follows:
104.7 Liability.
The fire code official, member of the board of appealsfire code appeals review
panel, officer or employee charged with the enforcement of this code, while acting for
the jurisdiction, in good faith and without malice in the discharge of the duties required
by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or
criminally liable personally, and is hereby relieved from all personal liability for any
damage accruing to persons or property as a result of an act or by reason of an act or
omission in the discharge of official duties.
370
HOA.103903238.11 10
SECTION Section 104.10 is hereby amended to read as follows:
104.10 Alternative materials, design and methods of
construction and equipment.
The provisions of this code are not intended to prevent the installation of any
material or to prohibit any design or method of construction not specifically prescribed
by this code, provided that any such alternative has been approved. An alternative
material, design or method of construction shall be approved where the fire code official
finds that the proposed design is satisfactory and complies with the intent of the
provisions of this code, and that the material, method or work offered is, for the purpose
intended, not less than the equivalent of that prescribed in this code in quality, strength,
effectiveness, fire resistance, durability and safety. Requests for approval to use an
alternate material, assembly of materials, equipment, method of construction, method of
installation of equipment or means of protection shall be made in writing to the Fire
Marshal by the owner or the owner's authorized representative and shall be
accompanied by a justification that is supported by evidence to substantiate any claim
being made regarding the requested alternative and its compliance with the intent of this
code. The Fire Marshal may require independent tests be performed by an approved
testing organization in order to substantiate the proposed alternative.
Approval of a request for use of an alternative material, assembly of materials,
equipment, method of construction, method of installation of equipment or means of
protection made pursuant to these provisions shall be limited to the particular case
covered by the request and shall not be construed as establishing any precedent for
any future request. Where the alternative material, design or method of construction is
371
HOA.103903238.11 11
not approved, the fire code official shall respond in writing, stating the reasons why the
alternative was not approved.
SECTION Section 104.11 is hereby amended to read as follows:
104.11 Fire investigations.
The fire code official, the fire department or other responsible authority or
authorized personnel shall have the authority to investigate promptly the cause, origin
and circumstances of any fire, hazardous material incident, explosion, or other
hazardous condition which is of suspicious origin. The investigator is authorized to take
immediate charge of all physical evidence relating to the cause of the incident, and to
pursue the investigation to its conclusion under the direction of the Fire Chief or an
authorized deputy Fire Chief, in cooperation with the appropriate law enforcement
agency. Information that could be related to trade secrets or processes shall not be
made part of the public record, except as directed by a court of law.
SECTION Section 104.12.4 is hereby added to read as follows:
104.12.4 Privately contracted private fire prevention resources.
Any privately contracted private fire prevention resource shall focus on prefire
treatment activities and pretreatment of values-at-risk and other nonemergency
activities, and shall comply with Sections 104.12.4.1 through 104.12.4.5.
SECTION Section 104.12.4.1 is hereby added to read as follows:
104.12.4.1 Permit required.
A valid operational permit shall be obtained by privately contracted private fire
prevention resources. Permits shall be required as set forth in Section 105.5. Privately
contracted fire prevention resources shall comply with all State and local requirements.
372
HOA.103903238.11 12
SECTION Section 104.12.4.2 is hereby added to read as follows:
104.12.4.2 Requirement to obey orders.
Any privately contracted private fire prevention resource must obey all
regulations, and legal orders, including evacuation orders, given by the incident
commander or incident commander's designee within an emergency area.
SECTION Section 104.12.4.3 is hereby added to read as follows:
104.12.4.3 Required check in.
Upon arriving at the emergency area, any privately contracted private fire
prevention resource shall check-in with the incident commander or incident
commander's designee.
SECTION Section 104.12.4.4 is hereby added to read as follows:
104.12.4.4 Permit display.
Each privately contracted private fire prevention resource vehicle must display a
copy of the valid privately contracted private fire prevention resources permit in clear
view from the exterior of the vehicle.
SECTION Section 104.12.4.5 is hereby added to read as follows:
104.12.4.5 Liaison.
Privately contracted private fire prevention resources shall have a liaison at the
incident command post.
SECTION Section 105.1 is hereby amended to read as follows:
105.1 General.
Permits shall be in accordance with Sections 105.1.1 through 105.6.2425.
373
HOA.103903238.11 13
SECTION Section 105.1.1.1 is hereby added to read as follows:
105.1.1.1 Fee schedule.
For fee amounts, refer to the currently adopted version of the Fire-Code Fee
Schedule, Appendix QQ of this code.
SECTION Section 105.5 is hereby amended to read as follows:
105.5 Required operational permits.
The fire code official is authorized to issue operational permits for any activities
within the scope of this code, the operationsincluding but not limited to those set forth in
Sections 105.5.2 through 105.5.5255.
SECTION Section 105.5.10 is hereby amended to read as follows:
105.5.10 Covered and open mall buildings.
An operational permit is required for:
1.The placement of retail fixtures and displays, concession
equipment, displays of highly combustible goods and similar items
in the mall.
2.The display of liquid- or gas-fired equipment in the mall.
3.The use of open-flame or flame-producing equipment in the mall.
4.The use of a mall as a place of assembly.
SECTION Section 105.5.16 is hereby amended to read as follows:
105.5.16 Explosives.
An operational permit is required for the manufacture, storage, handling, sale or
use of any quantity of explosives, explosive materials, fireworks, or pyrotechnic special
effects within the scope of Chapter 56 of this code, or when a local permit or approval
374
HOA.103903238.11 14
from the fire code official is required by the California Code of Regulations, Title 19,
Division 1, Chapter 6 – Fireworks, or Chapter 10 – Explosives. See Health and Safety
Code Division 11, Part 1, Section 12000, et seq. for additional requirements.
Exceptions:
1.Storage in Group R-3 occupancies of smokeless propellant, black
powder and small arms primers for personal use, not for resale and
in accordance with Section 5606.
2.Small arms ammunition of .75 caliber or less, cartridges for
propellant-actuated power devices and cartridges for industrial
guns, 20 pounds or less of smokeless powder, five pounds or less
of black sporting powder providing such smokeless or black
sporting powder is for the hand loading of small arms or small arms
ammunition of .75 caliber or less and that it is for personal use and
not for resale.
3.The possession, and use of California State Fire Marshal classified
safe and sane fireworks as allowed by State law and local
ordinance in accordance with California Health and Safety Code
Section 12541.1.
4.The possession, and use of California State Fire Marshal classified
snap caps or party poppers pyrotechnic devices in accordance with
California Code of Regulations, Title 19, Public Safety.
375
HOA.103903238.11 15
SECTION Section 105.5.18 is hereby amended to read as follows:
105.5.18 Flammable and combustible liquids.
An operational permit is required:
. . .
6.To operate tank vehicles, equipment, tanks, plants, terminals, wells,
including natural gas wells, fuel-dispensing stations, refineries,
distilleries and similar facilities where flammable and combustible
liquids are produced, processed, transported, stored, dispensed, or
used. See Section 5706.3.9 for oil and natural gas wells.
. . .
12.Allow a tank car to remain on a siding at the point of delivery while
connected for transfer operations. Transfer operations shall be in
accordance with Department of Transportation requirements and
this code.
SECTION Section 105.5.22 is hereby amended to read as follows:
105.5.22 Hazardous materials.
An operational permit is required to store, transport on site, dispense, use or
handle hazardous materials in excess of the amounts listed in Table 105.5.22. In
addition, unified program facility permits are required by Chapters 12.50, 12.52, and
12.64 of Title 12, Environmental Protection, of the County Code.
376
HOA.103903238.11 16
SECTION Section 105.5.24 is hereby amended to read as follows:
105.5.24 High-piled combustible storage.
An operational permit is required to use a building or portion thereof with more
than 500 square feet (46 m2), including aisles, of high-piled combustible storage. In
addition to any of the requirements of Chapter 32 of this code, a letter describing the
type and amount of material to be stored and the method of storage, plus a floor plan
showing the dimension and location of the stockpiles and aisles shall be submitted with
applications for such permits.
SECTION Section 105.5.29 is hereby amended to read as follows:
105.5.29 LP-gas. An operational permit is required for:
1.Storage and use of LP-gas.
Exceptions: A permit is not required for individual
containers with a 500-gallon (1893 L) water capacity or less
or multiple container systems having an aggregate quantity
not exceeding 500 gallons (1893 L), serving occupancies in
Group R-3.
a.A permit is not required for an individual nonportable
outdoor container with a 500-gallon (1893 L) water
capacity or less, or for multiple nonportable outdoor
containers or outdoor nonportable container systems
having an aggregate quantity not exceeding 500
gallons (1893 L) water capacity serving occupancies
in Group R-3 on one premises.
377
HOA.103903238.11 17
b.A permit is not required for outdoor portable
containers of less than 125-gallon (473.2 L)
aggregate water capacity on one premises.
c.A permit is not required for the storage of LP-gas in
Department of Transportation specification cylinders
with a maximum water capacity of 2½ pounds (1 kg)
used in completely self-contained hand torches and
similar applications stored or displayed at a consumer
or retail site and the total aggregate capacity of all LP-
gas containers does not exceed 200 pounds as
allowed per Section 6109.9 of this code.
2.Operation of cargo tankers that transport LP-gas.
SECTION Section 105.5.34 is hereby amended to read as follows:
105.5.34 Open burning.
An operational permit is required for the kindling or maintaining of an open fire or
a fire on any public street, alley, road, or other public or private ground. Instructions and
stipulations of the permit shall be complied with.
Exception: RA recreational fires is subject to the provisions of this code,
but is exempt from need for a permit provided that all of the following
apply:
1.The fire is not located in a wildfire risk area or in a very high, high,
or moderate fire hazard severity zone, except where located on
private property with consent of the owner; meeting the size
378
HOA.103903238.11 18
requirements in #2, below; and meeting the requirements of
Sections 307.4 through 307.5.
2.The fire conforms to the definition of a "recreational fire", which
limits the size of the fire to a total fuel area of 3 feet (914 mm) or
less in diameter and 2 feet (610 mm) or less in height; limits the
combustibles to burning no rubbish; and restricts the purpose of the
fire to pleasure, religious, ceremonial, cooking, warmth or similar.
For restrictions and requirements for each type of open burning, including but not
limited to bonfires and recreational fires, see Section 307. For fires, including a small
fire, in wildfire risk areas, see "Activities in wildfire risk areas" permit requirements
(Sections 105.5.55.1 and 326.2).
SECTION Section 105.5.42 is hereby amended to read as follows:
105.5.42 Pyrotechnic special effects material.
An operational permit is required for use and handling of pyrotechnic special
effects material. See Health and Safety Code Division 11, Part 2, Section 12500, et
seq. for additional requirements. For pyrotechnic and special effects used for motion
picture, television, and commercial productions, see Section 105.5.54(2).
SECTION Section 105.5.46 is hereby amended to read as follows:
105.5.46 Rooftop heliportshelicopter facilities.
An operational permit is required for the operation of a rooftop heliporthelicopter
facility, including but not limited to one referred to in this code as an Emergency
Helicopter Landing Facility (EHLF) for high-rise buildings. See Sections 2007.9 through
2007.11.1.
379
HOA.103903238.11 19
Issuance of this permit shall be determined at the level of the Fire Marshal, on a
case-by-case basis.
SECTION Section 105.5.54 is hereby amended to read as follows:
105.5.54 AdditionalFilm and production permits.
In addition to the permits required by Section 105.6, the following permits shall
be obtained from the Bureau of Fire Prevention Division prior to engaging in the
following activities, operations, practices, or functions:
1.Production facilities. To change use or occupancy, or allow the
attendance of a live audience, or for wrap parties.
2.Motion picture, television, commercial, and related production
filming — Ppyrotechnics and special effects. To use
pyrotechnic special effects, open flame, hot work, use of flammable
or combustible liquids and gases, dust, welding, and the parking of
motor vehicles in any building or location used for the purpose of
motion picture, television and commercial production.
3.Live audiences. To install seating arrangements for live
audiences in approved production facilities, production studios and
sound stages. See Chapter 48.
4.Motion picture, television, commercial, and related production
filming. An operational permit is required to conduct motion
picture, television, commercials, and related productions outside of
an approved production facility.
380
HOA.103903238.11 20
5.Motion picture, television, commercial, and related production
filming — fuel-dispensing trucks and vehicles. An annual
operational permit is required to dispense flammable or
combustible liquids, liquefied petroleum gases, or compressed
natural gas from trucks or vehicles to equipment and vehicles on
motion picture, television, and commercial production locations.
6.Commercial still photography production with on-site cast and
crew numbering fifteen (15) or more persons. An operational
permit is required to take still photographs for commercial purposes
outside of an approved production facility and where the on-site
cast and crew numbers fifteen (15) or more persons.
SECTION Section 105.5.55 is hereby added to read as follows:
105.5.55 Additional required operational permits.
The fire code official is authorized to issue permits for any of the following:
SECTION Section 105.5.55.1 is hereby added to read as follows:
105.5.55.1 Activities in wildfire risk areas.
An operational permit is required for any of the activities as described in
Section 326.2 of this code.
SECTION Section 105.5.55.2 is hereby added to read as follows:
105.5.55.2 Automobile wrecking yards.
See Chapter 81, AUTOMOBILE WRECKING YARDS.
381
HOA.103903238.11 21
SECTION Section 105.5.55.3 is hereby added to read as follows:
105.5.55.3 Bonfire.
An operational permit is required for a bonfire, which is defined in this code as
"An outdoor fire utilized for ceremonial purposes," and shall be subject to the
requirements of open burning. See "Open burning" permit requirement (Sections
105.5.34 and 307), and "Activities in wildfire risk areas" permit requirements (Section
105.5.55.1 and 326.2).
SECTION Section 105.5.55.4 is hereby added to read as follows:
105.5.55.4 Helicopter landing facility.
An operational permit is required for nonemergency use of any helicopter landing
facility that is intended for emergency use, even if not exclusively; or that is required by
the code. See Sections 2007.9 through 2007.11.1. For a "rooftop helicopter facility,"
see operational permit by that name.
SECTION Section 105.5.55.5 is hereby added to read as follows:
105.5.55.5 Mass-gathering event.
If attendance is greater than 5,000 people, the event shall be in accordance with
Reference No. 842 of the County of Los Angeles Department of Health Services
Prehospital Care Manual, and a permit for mass-gathering event shall be required. See
Section 403.11.2.
SECTION Section 105.5.55.6 is hereby added to read as follows:
105.5.55.6 Model rockets.
An operational permit is required to operate a model rocket motor or an
experimental high-powered rocket motor as defined in Title 19 California Code of
382
HOA.103903238.11 22
Regulations, Section 980. See Sections 5611, MODEL ROCKETS, and 5612,
EXPERIMENTAL HIGH POWER ROCKETS AND MOTORS.
SECTION Section 105.5.55.7 is hereby added to read as follows:
105.5.55.7 Pallet yard.
An operational permit is required to store, manufacture, refurbish, or otherwise
handle greater than 2,500 cubic feet (71 m3) of combustible plastic or wood pallets in an
outdoor yard.
SECTION Section 105.5.55.8 is hereby added to read as follows:
105.5.55.8 Parade float.
An operational permit is required to use a parade float for public performance,
presentation, spectacle, entertainment, or parade. See Section 324, PARADE
FLOATS.
SECTION Section 105.5.55.9 is hereby added to read as follows:
105.5.55.9 Privately contracted private fire prevention resource.
An operational permit is required for any privately contracted resource to conduct
private fire prevention activities in an emergency area. Privately contracted fire
prevention resources shall comply with all State and local requirements.
See Section 104.12.4, Privately contracted fire prevention resources.
SECTION Section 105.5.55.10 is hereby added to read as follows:
105.5.55.10 Recreational fire.
See "Open burning" permit (Sections 105.5.34 and 307), and "Activities in wildfire
risk areas" permit (Sections 105.5.55.1 and 326.2) requirements.
383
HOA.103903238.11 23
SECTION Section 105.5.55.11 is hereby added to read as follows:
105.5.55.11 Rifle range.
An operational permit is required to establish, maintain, or operate a rifle range.
See Section 326.2, and Appendix RR, RIFLE RANGE.
SECTION Section 105.6 is hereby amended to read as follows:
105.6 Required construction permits.
The fire code official is authorized to issue construction permits for work asany
activities within the scope of this code, including but not limited to, those set forth in
Sections 105.6.1 through 105.6.2425.
SECTION Section 105.6.15 is hereby amended to read as follows:
105.6.15 LP-gas.
A construction permit is required for installation of, or modification to, an LP-gas
system. Maintenance performed in accordance with this code is not considered to be a
modification and does not require a permit. Also see Section 6101.3.
SECTION Section 105.6.25 is hereby added to read as follows:
105.6.25 Additional required construction permits.
The fire code official is authorized to issue permits for any of the following:
SECTION Section 105.6.25.1 is hereby added to read as follows:
105.6.25.1 Fuel modification plan review.
Review and approval by the fire code official is required prior to the installation of
landscaping that is required to be fire resistive by this code or by another requirement
enforced by the fire code official. See Chapter 49, REQUIREMENTS FOR WILDLAND-
URBAN INTERFACE FIRE AREAS.
384
HOA.103903238.11 24
SECTION Section 105.6.25.2 is hereby added to read as follows:
105.6.25.2 Land development plan review.
When required by law or other agencies, review and approval by the fire code
official is required prior to final approval of the following applications: tract maps, parcel
maps, final maps, planned unit developments, conditional use permits, design overlay
reviews, environmental impact reviews, road vacations, zone changes, water plan
reviews, and gate design review for land development projects. See Section 328,
LAND DEVELOPMENT AND ENVIRONMENTAL REVIEW FEES.
SECTION Section 106.2.1 is hereby amended to read as follows:
106.2.1 Information on construction documents.
Construction documents shall be drawn to scale on suitable materialsubstantial
paper. Documents in a digital format are allowed to be submitted where approved by
the fire code official. Construction documents shall be of sufficient clarity to indicate the
location, nature and extent of the work proposed and show in detail that it will conform
to the provisions of this code and relevant laws, ordinances, rules and regulations as
determined by the fire code official. The first sheet of each set of plans shall give the
street address of the property, the assessor's parcel number, the name and address of
the owner, and persons who prepared the plans. Plans shall also include a plot plan
showing the location of the proposed building and of every existing building on the
property.
385
HOA.103903238.11 25
SECTION Section 106.2.4.2 is hereby added to read as follows:
106.2.4.2 Expiration of construction documents approval by fire
code official when no building permit issued.
A fire code official construction document approval necessary for a building
permit to be issued, for which the building official ultimately does not issue a building
permit, shall expire one year after the date of approval by the fire code official.
Construction documents including plans, specifications, and computations previously
submitted may thereafter be returned to the applicant or destroyed by the fire code
official. The fire code official may extend the time for action by the applicant for a period
of six months beyond the one-year limit upon written request by the applicant showing
that circumstances beyond the control of the applicant have prevented action from
being taken. No construction or plan approval document shall be extended more than
twice.
Once a construction document approval and any extension thereof has expired,
the applicant shall resubmit construction documents including plans, specifications,
computations, and payment of plan review fees. Construction document approval for
which a building permit has been issued and thereafter expired according to the
Building Code shall be null and void. In such circumstances, construction documents
including plans, specifications, and computations shall be resubmitted for construction
document approval.
386
HOA.103903238.11 26
SECTION Section 106.4 is hereby amended to read as follows:
106.4 Retention of construction documents.
One set of construction documents shall be retained by the fire code official for a
period of not less than 18090 days from date of completion of the permitted work, or as
required by Section 19850 of the California Health and Safety Code, or other applicable
state or local laws. One set of approved construction documents shall be returned to
the applicant, and said set shall be kept on the site of the building or work at all times
during which the work authorized thereby is in progress.
SECTION Section 107.3 is hereby amended to read as follows:
107.3 Permit valuationsReserved.
The applicant for a permit shall provide an estimated permit value at the time of
application. Permit valuations shall include the total value of work, including materials
and labor, for which the permit is being issued, such as electrical, gas, mechanical,
plumbing equipment and permanent systems. If, in the opinion of the fire code official,
the valuation is underestimated on the application, the permit shall be denied unless the
applicant can show detailed estimates to meet the approval of the fire code official.
Final permit valuation shall be set by the fire code official.
SECTION Section 107.6.1 is hereby added to read as follows:
107.6.1 Plan review refunds.
No portion of the plan review fee shall be refunded, unless no review has been
performed on a set of plans, in which case 80 percent of the plan review fee shall be
refunded.
387
HOA.103903238.11 27
SECTION Section 109.7 is hereby added to read as follows:
109.7 Occupant count.
When required by the fire code official, the permittee holding a place of assembly
operational permit shall use an approved method to maintain an accurate count of the
number of occupants present in a place of an assembly room including any accessory
areas. If at any time the fire code official determines that an accurate count of
occupants is not being maintained by the permittee, the assembly room and accessory
areas shall be cleared of occupants until an accurate occupant count can be made.
SECTION Section 111.1 is hereby amended to read as follows:
111.1 Board of appeals establishedAppeals process.
In order to hear and decide appeals of orders, decisions or determinations made
by the fire code official relative to the application and interpretation of this code, there
shall be and is hereby created a board of appeals. The board of appeals shall be
appointed by the applicable governing authority and shall hold office at its pleasure.
The board shall adopt rules of procedure for conducting its business, and shall render
all decisions and findings in writing to the appellant with a duplicate copy to the fire code
official. When an applicant seeking an approval from the fire code official disagrees
with the decision of the fire code official regarding the conditions, methods of
construction, equipment, or operations regulated by this code, the applicant may file a
written appeal to the Assistant Fire Chief of the Fire Prevention Division (i.e., the Fire
Marshal) pursuant to Section 109.2 of this code. A written appeal must be submitted no
later than 30 days after the applicant has notice of the decision being appealed. The
Fire Marshal, after considering all the facts presented, including any communication
388
HOA.103903238.11 28
from the general public regarding the matter appealed, shall provide a written decision
responding to the appeal. If the applicant is not satisfied with the decision of the Fire
Marshal, the applicant shall, within 10 days of receipt of the Fire Marshal's decision,
request in writing that the decision be reviewed by a fire code appeals review panel, a
three-person panel consisting of the following individuals: the Deputy Fire Chief of
Prevention, the Deputy Fire Chief of Operations, and the jurisdictional Building Official,
or equivalent, or designee thereof. The fire code appeals review panel shall transmit its
written decision on the appeal to the applicant. The fire code appeals review panel shall
be the final authority in the appeals process.
SECTION Section 111.2 is hereby amended to read as follows:
111.2 Limitations on authority.
An applicationapplicant's forappeal shall be based on a claim that the true intent
of this code or the rules legallyregulations adopted thereunder have been incorrectly
interpreted, that the provisions of this code do not fullyapply, or that an equivalent or
better form of construction iswas proposed by the applicant and was denied by the fire
code official. The board shall not have authorityappeals process shall not be used to
waive requirements of this code or interpret the administration of this code.
For an appeal regarding fuel modification plan requirements, an applicant must
use the appeals process as per Section 4906.3.3.
SECTION Section 111.3 is hereby amended to read as follows:
111.3 Qualifications.
The board offire code appeals review panel shall consist of members who are
qualified by experience and training to pass on matters pertaining to hazards of fire,
389
HOA.103903238.11 29
explosions, hazardous conditions or fire protection systems, and are not employees of
the jurisdictionthe Deputy Chief of Prevention, the Deputy Chief of Operations, and the
jurisdictional Building Official, or equivalent, or designee thereof.
SECTION Section 111.4 is hereby amended to read as follows:
111.4 Administration.
The fire code official shall take immediate action in accordance with the decision
of the boardfire code appeals review panel.
SECTION Section 112.4 is hereby amended to read as follows:
112.4 Violation penalties.
Persons who shall violate a provision of this code or shall fail to comply with any
of the requirements thereof or who shall erect, install, alter, repair or do work in violation
of the approved construction documents or directive of the fire code official, or of a
permit or certificate used under provisions of this code, shall be guilty of a [SPECIFY
OFFENSE]misdemeanor unless such violation is declared to be an infraction by
Chapter 82 of this code, punishable by a fine of not more than [AMOUNT] dollars$1,000
or by imprisonment not exceeding [NUMBER OF DAYS]six months, or both such fine
and imprisonment. Each day that a violation continues after due notice has been
served shall be deemed a separate offense. For the purposes of this section, a
forfeiture of bail shall be equivalent to a conviction.
SECTION Section 112.4.1 is hereby amended to read as follows:
112.4.1 Abatement of violation.
In addition to the imposition of penalties herein described, the fire code official is
authorized to institute appropriate action to prevent unlawful construction or to restrain,
390
HOA.103903238.11 30
correct, or abate a violation; or to prevent illegal occupancy of a structure or premises;
or to stop an illegal act, conduct of business or occupancy of a structure on or about any
premises.
The owner of any parcel upon which a nuisance is found to exist may, as
provided for by State, County, and local law, be liable for all costs of abatement of the
nuisance.
SECTION Section 112.5 is hereby added to read as follows:
112.5 Responsibility for fire suppression and related costs.
Any person: (1) who negligently, or in violation of the law, sets a fire, allows a
fire to be set, or allows a fire kindled or attended by him/her to escape onto any public
or private property; (2) other than a mortgagee, who, being in actual possession of a
structure, fails or refuses to correct, within the time allotted for correction, despite having
the right to do so, a fire hazard prohibited by law, for which a public agency properly has
issued a notice of violation respecting the hazard; or (3) including a mortgagee, who,
having an obligation under other provisions of law to correct a fire hazard prohibi ted by
law, for which a public agency has properly issued a notice of violation respecting the
hazard, fails or refuses to correct the hazard within the time allotted for correction,
despite having the right to do so, is liable for the fire suppression costs incurred in
fighting the fire, for the cost of providing rescue or emergency medical services, for the
cost of investigating and making any reports with respect to the fire, and for the costs
relating to accounting for that fire and the collection of any funds pursuant to State or
local law, including but not limited to, administrative costs of operating a fire
suppression cost recovery program to the fullest extent authorized by law. All of these
391
HOA.103903238.11 31
costs shall be a charge against that person, shall constitute a debt of that person, and is
collectible by the federal, State, County, public, or private agency, incurring those costs
in the same manner as in the case of an obligation under a contract, expressed or
implied.
SECTION Section 112.5.1 is hereby added to read as follows:
112.5.1 Responsibility for costs for emergency response related
to hazardous substances.
All expenses of an emergency response necessary to protect the public from a
real and imminent threat to health and safety by a public agency to confine, prevent, or
mitigate the release, escape, or burning of hazardous substances are a charge against
any person whose negligence causes the incident to the fullest extent authorized by
law, if either of the following occurs:
1.Evacuation beyond the property where the incident originates is
necessary to prevent loss of life or injury.
2.The incident results in the spread of hazardous substances or fire
posing a real and imminent threat to public health and safety
beyond the property of origin.
Expenses reimbursable to the County or Fire District pursuant to this section are
a debt of the person liable therefor, and shall be collectible in the same manner as in
the case of an obligation under contract, express or implied. The charge created
against the person related to hazardous substances by this section is also a charge
against the person's employer if the negligence causing the incident occurs in the
course of the person's employment.
392
HOA.103903238.11 32
SECTION Section 113.1 is hereby amended to read as follows:
113.1 Order.
Where the fire code official finds any work regulated by this code being
performed in a manner contrary to the provisions of this code, or in a dangerous or
unsafe manner, the fire code official is authorized to issue a stop work order. The fire
code official is authorized to order the work, the operation, or the use stopped or the
evacuation of any premises, building, or vehicle or portion thereof which has or is a
condition hazardous to life or property.
SECTION Section 113.4 is hereby amended to read as follows:
113.4 Failure to comply.
Any person who shall continue any work after having been served with a stop
work order, except such work as that person is directed to perform to remove a violation
or unsafe condition, shall be subject to fines established by the authority having
jurisdictionliable for administrative fines and subject to prosecution as allowed by Title 1,
Section 1.25 of the County Code or other applicable laws or regulations.
SECTION Section 114.1.1 is hereby amended to read as follows:
114.1.1 Unsafe conditions.
Structures or existing equipment that are or hereafter become unsafe, insanitary
or deficient because of inadequate means of egress, inadequate light and ventilation, or
that constitute a fire hazard, are otherwise dangerous to human life or the public
welfare, or involve illegal or improper occupancy or inadequate maintenance,
dilapidation, obsolescence, hazardous material contamination, disaster damage, or
abandonment as specified in this code shall be deemed an unsafe condition. Unsafe
393
HOA.103903238.11 33
structures shall be taken down and removed or made safe, as the fire code official
deems necessary and as provided for in this section. A vacant structure that is not
secured against unauthorized entry shall be deemed unsafe.
SECTION Section 202 is hereby amended to read as follows:
202 GENERAL DEFINITIONS
. . .
AREA OF FIREFIGHTING OPERATIONS. Those portions of the fire apparatus
access road in which the structure's exterior walls face the required fire apparatus
access road. The area of firefighting operations also includes the area in between such
portions of the fire apparatus roads and the structure.
. . .
BONFIRE. An outdoor fire utilized for ceremonial purposes. A bonfire is a fire
that would otherwise be considered a recreational fire except that it exceeds the size
restrictions of a recreational fire, those being a total fuel area of 3 feet (914 mm) or less
in diameter and 2 feet (610 mm) or less in height.
. . .
COMMISSIONER. Shall mean the Agricultural Commissioner/Director of
Weights and Measures for the County of Los Angeles.
. . .
CROWD MANAGER. Standby personnel, usually security or usher personnel,
who are trained in the proper procedure to exit people from a tent or other place of
public assemblage in an orderly and calm fashion in the event of an emergency.
. . .
394
HOA.103903238.11 34
EMERGENCY AREA. The geographical area where the fire code official,
exercising authority pursuant to Section 104.11 at the scene of a fire or other
emergency involving the protection of life or property, has declared there is an
immediate risk to health, life, property, or the environment within that area.
. . .
EMERGENCY HELICOPTER LANDING FACILITY (EHLF). A clear area at
ground level or on the roof of a building capable of accommodating a helicopter
engaged in firefighting and/or emergency evacuation operations.
. . .
FIRE APPARATUS ACCESS ROAD. A road that provides fire apparatus
access from a fire station to a facility, building or portion thereof. This is a general term
inclusive of all other terms such as fire lane, public street, private street , private
driveway, parking lot lane and access roadway.
. . .
FIRE- FLOW. See Appendix B, Section B102.
FIRE HAZARD SEVERITY ZONES. See Section 4902.1.
. . .
FIRE WATCH. A temporary measure intended to ensure continuous and
systematic surveillance of a premises, building, or portion thereof, by one or more
qualified individuals for the sole purposes of identifying and controlling fire hazards,
detecting early signs of unwanted fire, raising an alarm of fire, alerting the occupants,
and notifying the fire department. Also see Section 401.10, Fire watch procedures.
. . .
395
HOA.103903238.11 35
FLOAT. A floating structure normally used as a point of transfer for passengers
and goods, or both, for mooring purposes. Not to be confused with "Parade Float" (as
in Section 324).
FLOATING LUMINARY is a floating airborne device containing open flaming or
smoldering material capable of causing ignition to combustibles with which it may come
into contact. Floating luminaries may also be referred to as sky lanterns, flying lanterns,
sky candles, and wish lanterns. Also see "Sky Lantern."
. . .
FUEL MODIFICATION. Shall mean any modification or removal of fuels to
reduce the likelihood of ignition or the resistance to fire control.
. . .
GOVERNING BODY. Shall mean the official board or council elected to rule the
municipality or other public agency.
. . .
HAZARDOUS MATERIALS. Those chemicals or substances which are physical
hazards or health hazards as defined and classified in this chapter, whether the
materials are in usable or waste condition. Hazardous materials mixtures are those
substances that contain one percent or more of a hazardous ingredient, or one-tenth of
one percent of a carcinogen. This definition includes, but is not limited to, those
hazardous wastes, hazardous materials, and extremely hazardous wastes listed in the
California Code of Regulations, Title 22, Division 4.5, Chapter 11, Article 5:
Section 66261.126 and Appendix X.
. . .
396
HOA.103903238.11 36
HAZARDOUS WASTE. Shall mean a waste, or combination of wastes, which
because of its quantity, concentration, or physical, chemical, or infectious characteristics
poses a substantial present or potential hazard to human health or the environment
when improperly treated, stored, transported, or disposed of, or otherwise managed.
HAZARDOUS WASTE CONTROL LAW. Shall mean the State law which
implements a cradle-to-grave management system found in the California Health and
Safety Code.
. . .
HEALTH HAZARDOUS MATERIALS DIVISION (HHMD). Shall mean a part of
the Consolidated Fire Protection District of Los Angeles County (District) or Los Angeles
County Fire Department, Prevention Services Bureau, that is responsible for regulating
hazardous materials business plans and chemical inventories, hazardous waste
generators, on-site treatment of hazardous waste, risk management plans for
responding with hazardous materials squads to emergency incidents involving
hazardous materials, supervising cleanup of on-site and containment facilities, and
declaring emergency response scenes safe for re-entry.
. . .
MALIBU–SANTA MONICA MOUNTAIN. See Appendix PP, Section PP103.
. . .
SAN GABRIEL SOUTHFACE AREA. See Appendix PP, Section PP103.
. . .
397
HOA.103903238.11 37
SPECIAL AMUSEMENT AREA. A special amusement area is any temporary or,
permanent, or mobile building or portion thereof that is occupied for amusement,
entertainment or educational purposes and is arranged in a manner that:
1. Makes the means of egress path not readily apparent due to visual
and audio distractions, or
2. Intentionally confounds identification of the means of egress path,
or
3. Otherwise makes the means of egress path not readily available
because of the nature of the attraction or mode of conveyance
through the special amusement area, building, structure or portion
thereof.
. . .
UNAUTHORIZED DISCHARGE. A release or emission of materials in a manner
which does not conform to the provisions of this code or applicable public health and
safety regulations. This shall mean any spilling, leaking, releasing, leaching, emptying,
dumping, or disposing of a hazardous material/waste into the environment, unless
permitted by a regulatory agency.
UNIFIED PROGRAM. Consolidates six environmental programs regarding the
management of hazardous waste, hazardous materials, and underground storage tanks
under one management system.
UNIFIED PROGRAM FACILITY PERMIT. A consolidated permit issued
pursuant to Section 25284 of the Health and Safety Code and Division 4 of Title 11 of
the County Code relating to the underground storage of hazardous materials,
398
HOA.103903238.11 38
Chapter 12.52 of Title 12 of the County Code relating to the generation or handling of
hazardous waste or extremely hazardous waste, Chapter 12.64 of Title 12 of the County
Code relating to handling of hazardous materials or acutely hazardous materials, and
those city codes or resolutions related to the unified program elements administered by
those cities as participating agencies to the Los Angeles County Certified Unified
Program Agency.
. . .
WASTE. A material that has been used or for whatever reason can or will no
longer be used for its intended purpose, or has been discarded and not specially
excluded by Health and Safety Code, Division 20, Chapter 6.5.
WATER UTILITY. An organization that provides water within a geographic
service area and the water purveyor is recognized by the County of Los Angeles Fire
Department.
WATER UTILITY SERVICE AREA. A geographic area in which a water
purveyor could provide the required fire flow from approved fire hydrants for firefighting
purposes.
. . .
SECTION Section 301.2 is hereby amended to read as follows:
301.2 Permits.
Permits shall be required as set forth in Section 105.5 for the activities or uses
regulated by Sections 306, 307, 308, 315, 320 and 322, 324, 326, and 328.
SECTION Section 302.1 is hereby amended to read as follows:
399
HOA.103903238.11 39
302.1 Definitions.
The following terms are defined in Chapter 2:
. . .
BONFIRE.
COMMISSIONER.
FIRE HAZARD SEVERITY ZONES.
FLOATING LUMINARY.
GOVERNING BODY.
. . .
SECTION Section 304.1.1 is hereby amended to read as follows:
304.1.1 Waste material.
Accumulations of wastepaper, wood, hay, straw, weeds, litter or combustible or
flammable waste or rubbish of any type shall not be permitted to remain on a roof;
under a ground-mounted photovoltaic array; or in any court, yard, vacant lot, alley,
parking lot, or open space,; or beneath a grandstand, bleacher, pier, wharf,
manufactured home, recreational vehicle or other similar structure.
SECTION Section 304.1.2 is hereby amended to read as follows:
304.1.2 Vegetation.
Weeds, grass, vines or other growth that is capable of being ignited and
endangering property, shall be cut down and removed by the owner or occupant of the
premises. Vegetation clearance requirements in wildland-urban interface areas shall be
in accordance with Section 325 and Chapter 49 of this code.
400
HOA.103903238.11 40
SECTION Section 304.2.1 is hereby added to read as follows:
304.2.1 Removal.
Combustible rubbish stored in containers outside of noncombustible vaults or
rooms shall be removed from buildings at least once each working day or at intervals
specified by the fire code official. The storage or accumulation of combustible waste
matter within any building in such a quantity or location as to constitute a fire hazard is
prohibited.
SECTION Section 307.1 is hereby amended to read as follows:
307.1 General.
A person shall not kindle or maintain or authorize to be kindled or maintained any
open burning unless conducted and approved in accordance with Sections 307.1.1
through 307.57.
SECTION Section 307.2 is hereby amended to read as follows:
307.2 Permit required.
A permit shall be obtained from the fire code official in accordance with
Section 105.5 prior to kindling a fire for recognized silvicultural or range or wildlife
management practices, prevention or control of disease or pests, or a bonfire.
Application for such approval shall only be presented by and permits issued to the
owner of the land on which the fire is to be kindled.
A permit shall be obtained from the fire code official in accordance with
Section 105.5 prior to kindling a recreational fire where the fuel is not contained as
described in Chapter 3 nor limited as defined in Section 202, RECREATIONAL FIRE, to
401
HOA.103903238.11 41
having a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or
less in height, for pleasure, religious, ceremonial, cooking, warmth or similar purposes.
SECTION Section 307.2.1 is hereby amended to read as follows:
307.2.1 Authorization.
Where required by sState or local law or regulations, open burning shall only be
permitted with prior approval from the fire code official, a United States Forest Service
Officer having jurisdiction, or the sState or local air and water quality management
authority, provided that all conditions specified in the authorization are followed.
SECTION Section 307.6 is hereby added to read as follows:
307.6 Open fires.
Permits shall be required as set forth in Section 105.6.
A person shall not build, light, maintain, or cause or permit to be built, lighted, or
maintained, any open outdoor fire or use or cause or permit to be used, any open
outdoor fire for any purpose except:
1.When such fire is set or permission for such fire is given in the
performance of the official duty of any public officer, and the fire, in
the opinion of such public officer, is necessary for:
(i)The purpose of the prevention of a fire hazard which cannot
be abated by any other means; or
(ii)The instruction of public employees in the methods of
fighting fire.
402
HOA.103903238.11 42
2.When such fire is set pursuant to permit on property used for
industrial or institutional purposes for the purpose of instruction of
employees in methods of fighting fire.
3.When such fire is set in the course of any agricultural operation in
the growing of crops or raising of fowl or animals.
4.On a public beach area owned, managed, or controlled by the
County, otherwise permitted by this code.
5.In a County-owned park or recreation camp as otherwise permitted
by this code.
6.Bonfires permitted by the fire code official.
7.For cooking, recreational, or ceremonial fires on private property
with a maximum fuel area of 3 feet (914 mm) or less in diameter
and 2 feet (610 mm) or less in height, in locations outside of wildfire
risk areas.
SECTION Section 307.7 is hereby added to read as follows:
307.7 Designated open fire areas.
The fire code official is authorized to designate places on private property, with
the permission of the owner thereof, or upon any public road, or within any public park,
or upon any public land, where open fires may be built.
The fire code official may place or cause to be placed uniform signs or posters on
or at such premises indicating the place or limits where such fires may be built and
maintained without further permission; however, it shall be unlawful to leave, or cause
or permit to be left unattended, any fire burning in such place.
403
HOA.103903238.11 43
SECTION Section 308.1.4 is hereby amended to read as follows:
308.1.4 Open-flame cooking devicesReserved.
Charcoal burners and other open-flame cooking devices shall not be operated on
combustible balconies or within 10 feet (3048 mm) of combustible construction.
Exceptions:
1. One- and two-family dwellings.
2. Where buildings, balconies and decks are protected by an
automatic sprinkler system.
3. LP-gas cooking devices having LP-gas container with a
water capacity not greater than 21/2 pounds [nominal 1
pound (0.454 kg) LP-gas capacity].
SECTION Section 308.1.6.3 is hereby amended to read as follows:
308.1.6.3 Sky lanterns/floating luminaries.
A person shall not release or cause to be released an untethered sky lantern.
The use or release of a floating luminary is prohibited.
Exception: When a permit is issued by the fire code official for use or
release of a floating luminary for ceremonial, educational, or research
purposes and where safeguards approved by the fire code official are
used to prevent unintended ignition of combustibles. Floating luminary
use or release shall be allowed only at a specific location and during
prescribed weather conditions.
404
HOA.103903238.11 44
SECTION Section 311.5 is hereby amended to read as follows:
311.5 Placards.
When required by the fire code official, Aany vacant or abandoned buildings or
structures determined to be unsafe pursuant to Section 111114 of this code relating to
structural or interior hazards shall be marked as required by Sections 311.5.1 through
311.5.5.
SECTION Section 314.4 is hereby amended to read as follows:
314.4 Vehicles.
Liquid-fueled or gaseous-fueled vehicles, aircraft, boats or other motorcraft shall
not be located indoors except as follows:
1.The engine starting system is made inoperable or batteries are
disconnected except where the fire code official requires that the
batteries remain connected to maintain safety features.
2.Fuel in fuel tanks does not exceed one-quarter tank or 5 gallons (19
L) (whichever is least).any of the following:
2.1. Class I, II and III liquid fuel does not exceed one-quarter tank
or 5 gallons (19 L), whichever is less.
2.2. LP gas does not exceed one-quarter gallon tank or 6.6
gallons (25 L), whichever is less.
2.3. CNG does not exceed one-quarter tank or 630 cubic feet
(17.8 m3), whichever is less.
2.4. Hydrogen does not exceed one-quarter tank or 2000 cubic
feet (0.57 m3), whichever is less.
405
HOA.103903238.11 45
3.Fuel tanks and fill openings are closed and sealed to prevent
tampering.
4.Vehicles, aircraft, boats or other motorcraft equipment are not
fueled or defueled within the building.
5.The fire code official is authorized to make additional requirements
and restrictions, or to deny permission for the display, based upon
the hazards inherent with the display, such as but not limited to
those associated with the battery technology of the vehicle.
SECTION Section 316.6.1 is hereby amended to read as follows:
316.6.1 Structures.
Structures shall not be constructed within the utility easement beneath
high-voltage transmission lines.
Exceptions: Restrooms and unoccupied telecommunications structures
of noncombustible construction less than 15 feet (4572 mm) in height
provided that they are grounded and bonded in accordance with the
Electrical Code, and fully bonded from roof to foundation and connected to
the structure's grounding system. Additionally, signs approved by the fire
code official, that read "CAUTION – HIGH VOLTAGE LINES OVERHEAD"
shall be provided at all entrances leading to the restrooms and unoccupied
structures.
406
HOA.103903238.11 46
SECTION Section 321 is hereby amended to read as follows:
321 ARTIFICIAL COMBUSTIBLE VEGETATIONRESERVED
321.1 Artificial combustible vegetation on roofs and near buildings. Artificial
combustible vegetation exceeding 6 feet (1829 mm) in height and permanently installed
outdoors within 5 feet (1524 mm) of a building or on the roof of a building shall comply
with Section 807.4.1. The placement of artificial combustible vegetation shall also
comply with Sections 806.3 and 807.4.2.
Exception: Artificial decorative vegetation located more than 30 feet
(9144 mm) from the exterior wall of a building.
SECTION Section 322.3 is hereby amended to read as follows:
322.3 Fire safety plan.
A fire safety plan shall be provided in accordance with Section 403.10.6. In
addition, the fire safety plan shall include emergency response actions to be taken upon
detection of a fire or possible fire involving lithium-ion or lithium metal battery storage.
Where the fire code official finds that the fire safety plan is absent or insufficient, the fire
code official shall be authorized to require removal of the batteries and containers from
the area or building, and/or fire watch.
SECTION Section 322.4.1 is hereby amended to read as follows:
322.4.1 Limited indoor storage in containers.
Not more than 15 cubic feet (0.42 m3) of lithium-ion or lithium metal batteries
shall be permitted to be stored in containers in accordance with all of the following:
1.Containers shall be open-top and constructed of noncombustible
materials or shall be approved for battery collection.
407
HOA.103903238.11 47
2.Individual containers and groups of containers shall not exceed a
capacity of 7.5 cubic feet (0.21 m3).
3.A second container or group of containers shall be separated by
not less than 3 feet (914 mm) of open space, or 10 feet (3048 mm)
of space that contains combustible materials.
4.Containers shall be located not less than 5 feet (1524 mm) from
exits or exit access doors.
5.The fire code official shall have the authority to increase required
separation distances and/or require the relocation of the
container(s) based upon fire or life hazards associated with the
specific occupancy. This may limit or negate the ability for such
storage to take place in or at the occupancy.
SECTION Section 324 is hereby added to read as follows:
324 PARADE FLOATS
324.1 Permits.
An operational permit is required to operate a parade float for a public
performance, presentation, spectacle, entertainment, or parade. Permits shall be
required as set forth in Section 105.5.
324.2 Decorative material.
Decorative material on parade floats shall be noncombustible, be made flame-
retardant by application of a California State Fire Marshal–listed treatment, or meet the
flame-resistive requirements of the fire code official.
408
HOA.103903238.11 48
324.3 Fire protection.
Motorized parade floats and towing apparatus shall be provided with a minimum
2-A: 10-B: C-rated portable fire extinguisher readily accessible to the operator.
SECTION Section 325 is hereby added to read as follows:
325 CLEARANCE OF BRUSH AND VEGETATIVE GROWTH
325.1 Electrical transmission lines.
325.1.1 Support clearance.
Any person owning, controlling, operating, or maintaining any electrical
transmission or distribution line upon any mountainous, forest-, or brush-covered lands,
or land covered with flammable growth shall, at all times, maintain around and adjacent
to any pole supporting a switch, fuse, transformer, lightning arrester, or line junction, or
dead end, or corner poles, or towers, or other poles or towers at which power company
employees are likely to work most frequently, an effective firebreak, consisting of a
clearing of not less than 10 feet (3.05 m) in each direction from the outer circumference
of such pole or tower provided, however, that this provision shall not be deemed to
apply to lines used exclusively as telephone, telegraph, or telegraph messenger call, fire
or alarm lines, or other lines classed as communication (Class C) circuits by the Public
Utilities Commission of the State of California. Nor shall this provision apply to
clearance around poles supporting only secondary electrical distribution lines of 750
volts or less.
325.1.2 Line clearance.
Any person owning, controlling, operating, or maintaining any electrical
transmission or distribution line upon any mountainous, or forest-, or brush-covered
409
HOA.103903238.11 49
lands, or lands covered with flammable growth shall maintain a clearance of the
respective distances hereinafter in this section specified in all directions between all
vegetation and all conductors carrying electrical current.
For lines operating at 2,400 volts or more, but less than 72,000 volts, 4 feet (1.22
m);
For lines operating at 72,000 volts or more, but less than 110,000 volts, 6 feet
(1.83 m); and
For lines operating at 110,000 volts or more, 10 feet (3.05 m).
TABLE 325.1
VOLTAGE RANGE OF
ELECTRICAL CONDUCTOR/LINE
CLEARANCE
DISTANCE
REQUIRED
2,400 volts – 71,999 volts 4 feet (1.22 m)
72,000 volts – 109,999 volts 6 feet (1.83 m)
110,000 volts or more 10 feet (3.05 m)
In any case, such distance shall be sufficiently great to furnish the required
clearance from the particular wire or conductor at any position, of such wire or
conductor at any temperature of 120 degrees Fahrenheit or less. Dead trees; old,
decadent, or rotten trees; those weakened by decay or disease; and trees leaning
toward the line, which may contact the line from the side or may fall on the line, shall be
felled, cut or trimmed so as to remove the hazard.
325.1.3 Self-supporting aerial cable.
No clearing to obtain line clearance is required when self-supporting aerial cable
is used except that forked trees, leaning trees, and other growth which may fall across
the cable and break it shall be removed.
410
HOA.103903238.11 50
Exception: Nothing contained in this section shall be construed to require
any person to maintain any clearing on land where such person does not
have the legal right to maintain such clearing, nor shall any provision of
this ordinance be construed to require any person to enter upon or to
damage property of another without the consent of the owner thereof. For
further exceptions, see California Code of Regulations, Title 14, Division
1.5, Chapter 7, Article 4.
325.2 Structures.
325.2.1 Clearances.
Any person owning, leasing, controlling, operating, or maintaining any building,
structure, or apiary upon or adjoining any mountainous, or forest- or brush-covered land
or land covered with flammable growth, and any person owning, leasing, or controlling
any land adjacent to such structures, shall at all times maintain defensible space of 100
feet (30.48 m) from each side and from the front and rear of the structure in accordance
with Sections 325.2.1.1 through 325.2.1.6. The intensity of fuels management may vary
within the 100-foot perimeter of the structure, with more intense fuel reductions being
used between 5 and 30 feet (1524 and 9144 mm) around the structure, and an ember-
resistant zone being required within 5 feet (1524 mm) of the structure, based on
regulations promulgated by the State Board of Forestry and Fire Protection, in
consultation with the Office of the State Fire Marshal, to consider the elimination of
materials in the ember-resistant zone that would likely be ignited by embers.
The amount of fuel deemed necessary to be removed or modified shall consider
the flammability of the structure as affected by building material, building standards,
411
HOA.103903238.11 51
location, and type of vegetation. Fuels shall be maintained and spaced in a condition so
that a wildfire burning under average weather conditions would be unlikely to ignite the
structure, as determined by the fire code official.
Exceptions:
1.Extra hazard — distance required. The governing body finds that
in many cases because of extra hazardous situations, a defensible-
space firebreak around buildings, structures, or apiaries of only 100
feet (30.48 m) is not sufficient and that a defensible-space firebreak
of more than 100 feet (30.48 m) may be necessary. If the fire code
official or Commissioner finds that because of the location of any
building, structure, or apiary and because of other conditions,
defensible space of 100 feet (30.48 m) around such building,
structure, or apiary as required by Section 325.2.1, is not sufficient,
the fire code official or Commissioner may notify all owners of the
properties affected that they must clear all flammable vegetation
and other combustible growth or reduce the amount of fuel content
for a distance greater than 100 feet (30.48 m), but not to exceed
200 feet (60.96 m).
2.Limitations. Nothing contained in this section shall be construed
to require any person to maintain any clearing on land where such
person does not have the legal right to maintain such clearing, nor
shall any provision of this ordinance be construed to require any
412
HOA.103903238.11 52
person to enter upon or to damage property of another without the
consent of the owner thereof.
325.2.1.1 Ornamental plants and trees.
Ornamental plants and trees known to be flammable — including but not limited
to acacia, cedar, cypress, eucalyptus, juniper, pine, and pampas grass — shall not be
exempt from compliance with these requirements.
Exception: Ornamental plants and trees that are individually planted,
spaced and maintained in such a manner that they do not form a means of
transmitting fire from native growth to the structure.
325.2.1.2 Plants and cultivated ground cover.
The fire code official shall be authorized to exempt the following specimens from
these requirements:
1. Cultivated specimens. Cultivated ground cover such as green
grass, ivy, succulents, or similar plants, provided that they are
maintained in a condition that does not form a means of
transmitting fire from native growth to the structure, and that they
comply with all other applicable laws, shall be exempt from these
requirements.
2.To prevent soil erosion. Where located more than 30 feet (9.14
m) from buildings, structures, or apiaries, grass and other
vegetation maintained where necessary to stabilize the soil and
prevent erosion, provided that it is maintained at a height of less
413
HOA.103903238.11 53
than 18 inches (45.72 cm) above the ground, and isolated from
other fuels.
325.2.1.3 Dead vegetation.
Remove all dead or dying grass, plants, shrubs, trees, branches, leaves, weeds,
and pine needles. Maintain any tree and/or shrub adjacent to or overhanging any
building, structure, or apiary free of dead wood.
Exception: At distances at least 30 or 50 feet (9.14 or 15.24 m), as
determined by the fire code official, from buildings, structures, and
apiaries, loose surface litter, normally consisting of fallen leaves or
needles, twigs, bark, cones, and small branches, shall be permitted to
remain, provided that it does not exceed a maximum depth of 6 inches
(152 mm).
325.2.1.4 Roof and rain gutters.
Maintain the roof and rain gutters of any building, structure or apiary free of
leaves, needles, or other dead vegetative growth.
325.2.1.5 Chimneys and stovepipes.
That portion of any tree which extends within 10 feet (3.05 m) of the outlet of any
chimney or stovepipe shall be removed.
325.2.1.6 Firewood, compost, and similar piles.
Place or store firewood, manure, compost, and other similar combustible
materials a minimum of 30 feet (9.14 m) from any building, structure, or apiary. All
exposed wood piles located within 100 feet (30.48 m) of a building, structure, or apiary
414
HOA.103903238.11 54
shall maintain a minimum of 10 feet (3.05 m) of clearance, down to bare mineral soil, or
equivalent, in all directions of the wood pile.
325.3 Notice to correct.
325.3.1 Contents of notice.
A notice to clear all flammable vegetation and other combustible growth for a
distance greater than 30 feet (9.14 m) shall be in writing and shall specify the exact
distance from the structure that such vegetation and growth must be cleared.
325.3.2 Compliance with findings.
Within a reasonable time after receipt of the notice specified in Section 325.3.1,
every person owning, leasing, controlling, or operating the building, structure, or apiary
involved, and every person owning, leasing, or controlling any land adjacent to such
building, structure, or apiary shall at all times maintain around and adjacent to such
building, structure, or apiary an effective fire protection or firebreak made by removing
and clearing away, for a distance not less than so determined, on each side thereof, all
flammable vegetation or other combustible growth, except as otherwise provided in
Section 325.2.
325.3.3 Correction by fire code official or Commissioner.
Any person who has received notice for having failed to meet any of the
requirements specified in Sections 325.2.1, 325.3.2, 325.10, 503.2.1, 3107.18, 6107.2,
or 6107.3 and who is unable to comply with the requirements of such notice may
request the fire code official or Commissioner to correct the condition or conditions. The
fire code official or Commissioner may do so, provided that the person requesting such
assistance agrees to pay the full cost thereof.
415
HOA.103903238.11 55
325.3.4 Notice of failure to correct.
In the event any of the conditions prohibited by Sections 325.2.1, 325.3.2,
325.10, 503.2.1, 3107.18, 6107.2, or 6107.3 exist, the governing body may instruct the
fire code official or Commissioner to give notice to the owner of the property upon which
such condition exists, to correct such prohibited condition, and if the owner fails to
correct such condition, the governing body may cause the same to be done and make
the expenses of such correction a lien upon the property upon which such condition
exists. If it so instructs the fire code official or Commissioner, the governing body shall
designate the time and place of a hearing either before itself or before a referee
appointed by it, and shall notify the fire code official of its action.
325.3.5 Mailing notice.
Upon receipt of a notice from the governing body of the time and place of
hearing, and not less than 10 days before such hearing, the fire code official or
Commissioner shall mail a notice to the owners of the property, as their names and
addresses appear from the last equalized assessment roll, or as they are known to the
clerk of the governing body on which a firebreak is not maintained as required by
Sections 325.2.1, 325.3.2, 325.10, 503.2.1, 3107.18, or 6107.3 in substantially the
following form:
NOTICE TO DESTROY WEEDS, BRUSH, AND RUBBISH
Notice is hereby given that on the ___ day of (month) _____, the governing body
of (municipality) ________ passed a resolution declaring the noxious or dangerous
weeds, sagebrush, chaparral, and any other brush or weeds which attain such large
growth as to become, when dry, a fire menace to adjacent improved property, were
416
HOA.103903238.11 56
growing and that there existed dry grass, stubble brush, litter, or other flammable
material which endangers the public safety by creating a fire hazard upon or in front of
the property on certain streets in said municipality, and more particularly described in
said resolution, and that same constitutes a public nuisance which must be abated by
the removal of said noxious or dangerous weeds, brush, litter, or other flammable
material, otherwise they will be removed and the nuisance will be abated by the
municipal authorities, in which case the cost of such removal shall be assessed upon
the lots and lands from which, or in front of which, such materials are moved, and such
cost will constitute a lien upon such lots or lands until paid. Reference is hereby made
to said resolution for further particulars.
All property owners having any objections to the proposed removal of such
materials are hereby notified to attend a meeting of the governing body of said
municipality, to be held at _____a.m. o'clock, on the ___ day of (month) __________,
when their objections will be heard and given due consideration.
Dated this _____ day of (month) ______.
(name)
(department)
(municipality)
325.3.6 Posting of notice.
As an alternative to mailing, a notice in the form required in Section 325.3.5 shall
be posted conspicuously in front of the property on which vegetation which must be
removed exists, or if the property has no frontage upon any highway or road, then upon
that portion of the property nearest to a highway or road, or most likely to give actual
417
HOA.103903238.11 57
notice to the owner. The notices shall be posted not more than 100 feet (30.48 m) in
distance apart, but at least one notice shall be posted on each lot or parcel of land.
325.3.7 Publication of notice.
The clerk of the governing body shall publish notice of the hearing once in a
newspaper of general circulation printed and published in the County, not less than
10 days prior to the date of the hearing, when notice is given by means other than that
prescribed in Section 325.3.4.
325.4 Hearing of protests.
325.4.1 Appointment of referee.
The governing body may appoint a referee to hear protests pursuant to this
section. If the governing body appoints an officer or employee of the municipality as
referee, the referee shall serve without any additional compensation, but all time spent
as referee shall be deemed and counted as time spent in performing the duties of the
compensated position.
325.4.2 Hearing objections.
At the same time stated in the notices, the governing body or referee shall hear
and consider all objections and protests, if any, to the proposed removal of vegetation,
and may continue the hearing from time to time.
325.4.3 Report of referee.
If the hearing is before a referee, upon the conclusion of the hearing, the referee
shall report to the governing body findings and recommendations as to what objections,
if any, should be allowed and what objections, if any, should be overruled.
418
HOA.103903238.11 58
325.4.4 Decision by board.
Upon the conclusion of the hearing before itself, or upon receipt of the report of
the referee, the governing body shall allow or overrule all objections, whereupon the
governing body shall acquire jurisdiction to proceed and perform the work by removal.
The decision of the governing body on the matter is final, except as provided in
Sections 14920 and 14921 of the California Health and Safety Code.
325.4.5 Order for abatement.
After final action is taken by the governing body on the disposition of any protests
or objections, or in case no protest or objections are received, the said governing body
shall order the fire code official or Commissioner to remove the dangerous vegetation.
325.5 Right of entry upon private property.
The fire code official or Commissioner, or their assistants, deputies, employees,
or contracting agents, or other representatives may enter upon private property for the
purpose of inspecting and/or removing vegetation pursuant to Sections 104.3 and
104.3.1 of this code, or California Health and Safety Code, Section 14900 et seq.
325.6 Removal before arrival of fire code official or
Commissioner.
Any property owner may have the vegetation removed at the owner's expense, if
it is done prior to the arrival of the fire code official or Commissioner or their
representatives.
325.7 Record and report of cost.
The fire code official or Commissioner shall keep an account of the cost of
removing the vegetation from each separate parcel of land and shall render an itemized
419
HOA.103903238.11 59
report in writing to the governing body showing the cost of removing the vegetation from
each separate lot or parcel of land.
325.7.1 Posting copy of report.
Before the report is submitted to the governing body or referee, a copy shall be
posted for at least three days on or near the chamber door of the governing body with a
notice of the time when the report will be submitted to the governing body or referee for
hearing on confirmation.
325.7.2 Hearing on report.
At the time fixed for receiving and considering the report, the governing body or
the referee shall hear it and any objections of any of the property owners liable to be
assessed for the work of clearing vegetation.
325.7.3 Report of referee.
If the hearing is before a referee, upon the conclusion of the hearing, the referee
shall report to the governing body findings and recommendations as to what
modifications, if any, should be made in the report.
325.7.4 Modification and confirmation of the report.
Upon the conclusion of the hearing on the report before itself, or upon receipt of
the report of the referee, the governing body may make such modifications in the report
of the fire code official or Commissioner as it deems necessary, after which, by order or
resolution, the report shall be confirmed.
325.7.5 Costs of removal.
The amounts for the cost for removing the vegetation upon the various parcels of
land mentioned in the report of the fire code official or Commissioner, as confirmed,
420
HOA.103903238.11 60
shall constitute special assessments against the respective parcels of land and are a
lien on the property for the amount of the respective assessments.
325.7.6 Collection of expenses.
The expenses of removing vegetation shall be collected, and assessments shall
be canceled or refunded as provided in Article 3 of Chapter 4 of Part 5 of Division 12 of
the California Health and Safety Code, the provisions of which article are incorporated
herein as if set forth herein in full.
325.8 Joint proceedings.
All of the proceedings provided for in this article may be combined with and
performed in conjunction with proceedings for the abatement of noxious weeds
pursuant to Part 5 of Division 12 of the California Health and Safety Code.
325.9 Prosecution.
A person who violates Sections 325.2.1, 325.3.2, 325.10, 503.2.1, 3107.18,
6107.2, or 6107.3 may be prosecuted and punished whether proceedings pursuant to
Sections 325.3 – 325.8, inclusive, have been had or not. Proceedings pursuant to
Sections 325.3 – 325.8, inclusive, are not a condition precedent to prosecution for
violation of Sections 325.2.1, 325.3.2, 325.10, 503.2.1, 3107.18, 6107.2, or 6107.3.
325.10 Roadway clearance.
The fire code official or Commissioner may require removal and clearance of all
flammable vegetation or other combustible growth for a minimum of 10 feet (3.05 m) on
each side of every roadway, whether public or private. The fire code official or
Commissioner may enter upon private property to inspect, remove, and clear vegetation
and growth as required by this section and may charge the responsible party for the
421
HOA.103903238.11 61
cost of such action. This section shall not apply to single specimens of trees,
ornamental shrubbery, or cultivated ground cover such as green grass, ivy, succulents,
or similar plants used as ground cover, provided that they do not form a means of
readily transmitting fire. As used in this section, "roadway" means that portion of a
highway or private street improved, designed, or ordinarily used for vehicular travel.
The minimum clearance of 10 feet (3.05 m) may be increased, if the fire code official
determines additional distance is required to provide reasonable fire safety.
SECTION Section 326 is hereby added to read as follows:
326 ACTIVITIES IN WILDFIRE RISK AREAS
326.1 Intent.
Due to conditions tending to cause or allow the rapid spread of fires which may
occur on grass-, grain-, brush-, or forest-covered land in certain hazardous fire portions
of the jurisdictional area, or because of the inaccessible character of such lands, the
unrestricted use of such lands creates a potential menace to life and property from fire.
Therefore, it is the intent of this section to provide necessary safeguards to prevent the
occurrence of fires and to control the spread of fires which might be caused by
recreational, commercial, industrial, or other activities carried on in any wildfire risk
area.
326.2 Permit required.
Permits shall be required as set forth in Sections 105.5 and 105.6.
No person shall establish or conduct any of the following or similar activities in a
wildfire risk area without first securing a permit:
422
HOA.103903238.11 62
1.Recreational activities including, but not limited to, rifle ranges,
carnivals and fairs, public assembly events, fireworks, overnight
camping, and open burning.
2.Temporary or permanent activities including, but not limited to,
stands for cooking or other activities which could provide a source
of ignition.
326.3 Permit request.
A request for an issuance of a permit for any such activity shall be made to the
fire code official not less than 15 days prior to the starting date of such activity.
326.4 Fire protection survey.
Upon receiving a request for issuance of a permit, the fire code official shall
survey the buildings, premises, and facilities proposed for such use prior to issuance of
the permit to determine the fire protection equipment and safeguards necessary to
conduct such activity without unduly increasing the potential fire hazard to the area.
326.5 Notification.
The applicant shall be notified by the fire code official of the facilities and fire
protection safeguards necessary, and a permit shall be contingent upon the provision of
all such facilities and safeguards.
326.6 Permit stipulations.
The permit shall stipulate the conditions, precautions, limitations, and safeguards
necessary to conduct the identified activity with a reasonable degree of fire safety, and
failure to comply with any condition, precaution, limitation, or safeguard stipulated shall
be cause for immediate revocation of the permit and cessation of the activity.
423
HOA.103903238.11 63
326.7 Fire protection facilities required.
Fire protection facilities required and conditions or limitations necessary to
maintain reasonable fire safety may include, but are not limited to, the following:
1.Adequate water supply, pumps, hydrants, and hoses.
2.Firebreaks as necessary to prevent a fire on the premises from
spreading to adjacent brush or grass-covered areas.
3.Posting of "NO SMOKING" signs.
4.Removal of dry grass and weeds from around buildings, along
roadways and automobile parking areas, and other areas
accessible to the public or participants of the activity.
5.Provision of approved, competent fire safety officers or advisors to
act as fire guards or fire watchers to patrol the area when such
activity is taking place. Also see Section 3107.17.
6.Provision of adequate access roads and parking facilities to prevent
congestion of public roads, to permit adequate means of egress for
evacuation of the public or participants in event of emergency, and
to permit movement of fire apparatus and equipment.
7.Restriction or prohibition of activities during periods of high-fire-
hazard weather conditions.
8.Such fencing as is necessary to control the activity.
9.Such other conditions, limitations, or provisions necessary to
maintain reasonable fire safety.
424
HOA.103903238.11 64
326.8 Restricted entry on national forest land.
A person shall not enter or be on any lands within the boundaries of the National
Forest within Los Angeles County which have been closed to entry by the U.S. Forest
Service, except by a valid special entry permit issued by a U.S. Forest Service official.
326.9 Closure of public or private lands.
Any portion of public or private lands in any wildfire risk area may be closed to
the public by the fire code official at the request of the owners of such public or private
lands, when in the opinion of the fire code official such closure is necessary for the
prevention of fires. Notice of such closure shall be made by the fire code official by
public announcement, and such closure shall be in effect until, in the opinion of the fire
code official, such closure is no longer necessary for the protection of property against
fire and such closure is lifted by public announcement.
326.10 Restricted entry on closed lands.
A person shall not enter or be upon any public or private lands closed to the
public by the fire code official during the period such closure is in effect, except that the
closure of private lands shall not prohibit the use or entry upon such lands by the owner,
owner's guests, or invitees, provided that such guests or invitees have written
permission from the owner of such lands to enter upon the same. Such writ ten permit
shall be presented upon the demand of any public officer when such person is within
any closed area.
326.11 Posting of lands closed to entry.
Lands closed to entry shall be posted by the fire protection agency having
jurisdiction.
425
HOA.103903238.11 65
326.12 Spark arresters required.
326.12.1 Equipment.
No person shall use or operate in, upon, or within any wildfire risk area, any
tractor, construction equipment, engine, or machinery, or any steam, oil, or
gasoline-operated stationary or mobile equipment, from which a spark or fire may
originate, unless such equipment is provided with a qualified device or spark arrester
installed in or attached to the exhaust pipe which will prevent the escape of fire or
sparks. Said qualified device or spark arrester shall meet the requirements of the
current version of the United States Forest Service "Standard for Spark Arresters for
Internal Combustion Engines" (Standard 5100-1). For the purpose of this section, any
registered motor vehicle operated on a road or highway and which is equipped with a
muffler in good condition, as required by the California Vehicle Code, shall be deemed
to be in compliance with this section.
326.12.2 Chimneys.
Each chimney used in conjunction with any fireplace, barbecue, or incinerator, or
any heating appliance in which solid or liquid fuel is used, upon any building, structure,
or premises located within any wildfire risk area, shall be maintained with a spark
arrester constructed with heavy wire mesh or other noncombustible material with
openings not to exceed 1/2 inch (12.7 mm).
326.13 Open flame device.
No person shall operate or use any device, machine, or process such as a
welding torch, tar pot, decorative torch, or any other device liable to start or cause fire in
or upon any wildfire risk area, except by the authority of a written permit from the fire
426
HOA.103903238.11 66
code official. However, no permit will be required if such use is within inhabited
premises or a designated camp site, and such use is a minimum of 30 feet from any
grass-, grain-, brush-, or forest-covered lands.
326.14 Roadway clearance.
Clearance of brush or vegetative growth from roadways shall be in accordance
with Section 325.10 and 503.2.1 of this code.
Exception: If the fire code official determines in any specific case that
difficult terrain, danger of erosion, or other unusual circumstances make
strict compliance with the provisions of this code undesirable or
impractical, the fire code official may suspend enforcement thereof and
require reasonable alternative measures.
326.15 Illegal dumping.
No person shall place, deposit, or dump any garbage, cans, bottles, papers,
ashes, refuse, trash, rubbish, or combustible waste materials in or upon any wildfire risk
area. No person shall dump such materials in, upon, or along any trail, roadway, or
highway in any wildfire risk area. Dumping in areas approved by the fire department for
this use shall not be deemed to be in violation of this section. This section may be
enforced by the Commissioner.
326.16 Disposal of ashes.
No person shall place, deposit, or dump any ashes or coals in or upon any
wildfire risk area except in the hearth of an established fire pit, camp stove, or fireplace;
in a noncombustible container with a tight-fitting lid; or where such ashes or coals are
buried and covered with one foot of mineral earth not less than 25 feet (7620 mm) from
427
HOA.103903238.11 67
any combustible vegetation or structure. When any such fire pit, camp stove, fireplace,
or noncombustible container is used for this purpose, it shall be kept or maintained in a
safe location not less than 10 feet from any combustible vegetation or structure.
326.17 Fire roads and firebreaks.
1.No person, except public officers acting within the scope of their
duties, shall travel upon or drive or park any motorcycle, motor
scooter, or motor vehicle upon any fire road or firebreak beyond the
point where travel is restricted by a cable, gate, or sign, without the
permission of the property owner or owners involved.
2.No person shall park any vehicle so as to obstruct the entrance to
any fire road or firebreak.
3.No person shall install or maintain a radio or television aerial, or
guy wire thereto, or any other obstruction on any fire road or
firebreak, which is less than 16 feet above such fire road or
firebreak.
326.18 Use of motorcycle, motor scooter, and motor vehicles.
No person shall operate any motorcycle, motor scooter, or motor vehicle, except
upon clearly established public or private roads, within any wildfire risk area without first
having secured a permit to do so from the fire code official. No such permit shall be
issued unless written permission from the property owner is first presented.
326.19 Hazardous warning lights.
It shall be unlawful to maintain any torch or lantern utilizing an open flame along
any excavation, any road, or any place where the dislodgment of such torch or lantern
428
HOA.103903238.11 68
might permit same to roll, fall, or slide on to any forest- or brush-covered land, or any
land containing flammable material. Also see Sections 305 and 308.
SECTION Section 327 is hereby added to read as follows:
327 ADMINISTRATIVE FINES FOR VIOLATION OF
REQUIRED CLEARANCE
327.1 Administrative fine—imposition.
Improved parcels found to be in violation of Sections 325.2.1, 325.10, 503.2.1,
3107.18, or 6107.3 of this code relating to clearance of brush and combustible growth,
roadway clearance, and vertical clearance on fire access roads, shall be subject to an
administrative fine, noncompliance fee, and/or possible liens as allowed by the
provisions of Title 1, Chapter 1.25 of the County Code.
327.2 Administrative fine—enforcement.
An administrative fine will be imposed and enforced upon failure of the
responsible party to comply with written abatement instructions and timeframes
contained on the Official Inspection Report Form (County of Los Angeles Fire
Department FORM 410, all versions) issued by the Fire Department.
327.3 Declared parcel.
A declared parcel is a parcel which contains noxious weeds and other flammable
vegetation that are a fire hazard and which constitutes a public nuisance which must be
abated as declared in an annual resolution of the Board of Supervisors. An owner of a
declared parcel will be mailed a declaration card specifying the abatement actions
required of the owner. The declaration card constitutes the first official notice to the
owner.
429
HOA.103903238.11 69
327.3.1 Declared parcel inspection—notice of violations.
A physical inspection of the declared parcel is conducted by the fire department
to determine compliance with the declaration card. After the physical inspection, if the
fire department determines that the owner has not complied with the declaration card,
then such noncompliance constitutes the first violation of the fire code. The owner will
be given notice of such first violation of the fire code. This notice constitutes the second
official notice to the owner.
The second official notice shall also inform the owner that an administrative fine
and abatement enforcement fee as approved in the Fire-Code Fee Schedule (Appendix
QQ of this code) may be imposed on the declared parcel if not properly cleared. An
owner's failure to comply with the second official notice constitutes the second violation
of the fire code.
327.4 Undeclared parcel.
An undeclared parcel is a parcel not contained in the annual resolution of the
Board of Supervisors described in Section 327.3.
327.4.1 Undeclared parcel inspection—notice of violations.
After a physical inspection, if the fire department determines that an undeclared
parcel is not in compliance with the fire code, the owner will be given notice of such
violation of the fire code. This notice of violation constitutes the first official notice. An
owner's failure to comply with the first official notice constitutes the first violation of the
fire code. After a first violation, a physical inspection of an undeclared parcel will be
conducted by the fire department to determine compliance with the fire code. After the
physical inspection, if the fire department determines that an undeclared parcel is not in
430
HOA.103903238.11 70
compliance with the fire code, the owner will be given notice of the second violation of
the fire code. This notice constitutes the second official notice to the owner. This
second official notice shall also inform the owner that an administrative fine may be
imposed on an undeclared parcel if not cleared. An owner's failure to comply with the
second notice constitutes the second violation of the fire code.
327.5 Administrative fine—amount.
The administrative fine for a first violation as described in Section 32 7.3.1 or
327.4.1 is $0. The administrative fine for a second violation as described in
Section 327.3.1 or 327.4.1 is $500.
327.6 Administrative fine—collection.
The administrative fine will be collected by the fire department through direct
invoice. The fire department shall notify the owner of the imposition and amount of the
administrative fine.
327.7 Administrative fine—administrative review and appeal.
The imposition of an administrative fine may be appealed in writing utilizing the
request-for-administrative-hearing form provided with the administrative fine invoice.
The request-for-administrative-hearing form must be filed with the brush clearance
section manager of the fire department within 10 calendar days following the service of
the notice of administrative fine.
Upon conclusion of the administrative hearing, the hearing officer shall issue a
written decision within 10 calendar days. The hearing officer's written decision shall
constitute the final administrative decision of the County.
431
HOA.103903238.11 71
Any person contesting the final administrative order or decision of the Fire
Department may seek further review pursuant to Section 53069.4 of the California
Government Code.
Any administrative penalty imposed shall be cancelled or refunded as provided in
Sections 14920–14921 of the California Health and Safety Code, or any successor
statute of similar import.
327.8 Creation of lien for unpaid administrative fines.
Pursuant to Title 1, Chapter 1.25 of the County Code, the amount of the unpaid
administrative fines shall become a lien on the real property that is in violation of this
chapter.
SECTION Section 328 is hereby added to read as follows:
328 LAND DEVELOPMENT AND ENVIRONMENTAL REVIEW
FEES
SECTION Section 328.1 is hereby added to read as follows:
328.1 Applicability.
This section is applicable to all unincorporated portions of Los Angeles County,
to all incorporated areas that are a part of the Consolidated Fire Protection District of
Los Angeles County, and to all cities that contract with the Consolidated Fire Protection
District of Los Angeles County for services and adopt Section 328 as part of their fire
code. The applicable fees described herein shall be collected as a condition of approval
for any land development project(s), environmental documents, or permit review(s)
referred or submitted to the fire department for review. Permits shall be required as set
forth in Section 105.6.
432
HOA.103903238.11 72
SECTION Section 328.2 is hereby added to read as follows:
328.2 Subdivision reviews by the Land Development Unit
(LDU).
A fee shall be payable to the fire department upon the submittal of any
subdivision map for the review and approval by the Land Development Unit (LDU), or
equivalent, of the fire department. The amount of the fee shall be as stipulated in the
version of the approved Fire-Code Fee Schedule (Appendix QQ of this code) of the
Consolidated Fire Protection District of Los Angeles County that is in effect at the time
of the submittal in question.
SECTION Section 328.3 is hereby added to read as follows:
328.3 Miscellaneous LDU fees.
A fee shall be payable to the fire department upon submittal of any of the
following requests for review and approval by the fire department. The amount of the
fee shall be as stipulated in the version of the approved Fire-Code Fee Schedule
(Appendix QQ of this code) of the Consolidated Fire Protection District of Los Angeles
County that is in effect at the time of the submittal in question.
a.Request for review of a discretionary permit application. Examples
include fire department reviews of applications for entitlement
permits required by the jurisdictional planning department, such as,
but not limited to: design reviews, design overlay reviews (DOR’s),
development permit application reviews, "Exhibit ‘A’" reviews,
planned urban development (PUD) reviews, and preliminary
433
HOA.103903238.11 73
reviews. This fee may be required in addition to fees for other
reviews requested for the same project.
b.Request for review of an application for a coastal development
permit (CDP).
c.Request for review of a proposed vacation of a public road
easement.
d.Request to review an application for a lot-line adjustment and/or lot
merger.
e.Request to review a hydrant water system.
f.Request for review of a water system plan.
g.Request to review an application for a conditional use permit
(CUP).
h.Request for review of a revision to a conditional use permit (CUP)
application that has previously been approved by the fire
department.
i.Request for review of an appeal to the water appeals board.
j.Request for review of an application for a change of zone.
k.Request to review an application for a mobilehome park or special
occupancy park, including review of environmental impact reports,
new park development or continued use of an existing park.
l.Request for review of a grading plan for fire lanes and private
driveways only.
434
HOA.103903238.11 74
m.Request for review of a "Revised Exhibit ‘A’". See LACC, Title 22,
Chapter 22.184 of the County Code.
n.Request for a grant of waiver.
o."One Stop" advisory counseling/review.
SECTION Section 328.4 is hereby added to read as follows:
328.4 Environmental document reviews.
Whenever a review for impact on the fire prevention, natural resources, and/or
fire resource allocation responsibilities of the fire department is required as part of the
environmental review process, fees may be assessed and/or collected in accordance
with the version of the approved Fire-Code Fee Schedule (Appendix QQ of this code) of
the Consolidated Fire Protection District of Los Angeles County that is in effect at the
time of the submittal in question.
SECTION Section 328.5 is hereby added to read as follows:
328.5 Oak tree permit review fees.
When an oak tree report is referred to the fire department for review, pursuant to
Los Angeles County Code (LACC), Title 22, Chapter 22.174, a fee shall be paid to the
fire department in accordance with the Fire-Code Fee Schedule (Appendix QQ of this
code).
SECTION Section 401.10 is hereby added to read as follows:
401.10 Fire watch procedures.
Where a fire watch is required by the fire code official, the owner, manager ,
lessee or person in charge shall provide the number of fire watch personnel that have
been required. Fire watch personnel shall comply with Sections 401.10.1 through
435
HOA.103903238.11 75
401.10.6, the conditions and records of which shall all be subject to review and approval
by the fire code official when such review is deemed necessary by the fire code official.
401.10.1 Timeframes.
Fire watch personnel shall remain on duty 24 hours a day where required fire
protection components are impaired or out of service. Where there is a hazard to the
building occupants, fire watch personnel shall remain in place while the building is
occupied.
Fire watch as directed by the fire code official, shall be continued until such time
that the fire code official determines that it is no longer necessary.
401.10.2 Means of notification and communication.
Fire watch personnel shall be provided with not less than one means to notify the
fire department of a fire or other emergency. If there are more than one individual
assigned fire watch duties, they shall have the ability to promptly communicate with
each other.
401.10.3 Duties.
Fire watch personnel shall fulfill the following duties:
1.The primary duty of fire watch personnel shall be to perform
constant patrol in order to watch for fires and other emergency
situations, and to make proper notification thereof.
2.Fire watch personnel shall also be looking for obstructed exits and
any other hazards. Fire watch personnel shall make the proper
notifications necessary in order to remediate any such hazards.
Fire watch personnel shall not become involved in any other
436
HOA.103903238.11 76
operation to the extent that their ability to fulfill their primary patrol
and notification duties is delayed or otherwise impaired.
3.If an emergency situation is encountered, fire watch personnel
shall:
3.1.Contact the fire department or other appropriate service.
3.2.Ensure the notification of occupants to take appropriate
action. Such action may include evacuation of the building,
or in certain situations, shelter in place (sometimes known as
"lockdown"). If unsure, fire watch personnel shall seek the
direction of emergency services.
3.3.Take any other prompt action, in which they are qualified, to
mitigate the emergency.
401.10.4 Route of inspection.
Fire watch personnel shall develop a written route of inspection through the
required fire-watch area.
401.10.5 Log and frequency.
The entire fire watch area shall be patrolled once each hour, or at more frequent
intervals when directed by the fire code official. An activity log of time and locations of
inspection shall be created and maintained.
401.10.6 Training.
Fire watch personnel shall have been provided training in the following:
1.Procedures for contacting the fire department in the case of an
emergency.
437
HOA.103903238.11 77
2.The use of fire extinguishers and other available manual firefighting
equipment.
3.Methods of notifying and evacuating people from the building or
premises.
SECTION Section 402.1 is hereby amended to read as follows:
402.1 Definitions.
The following terms are defined in Chapter 2:
CROWD MANAGER.
EMERGENCY EVACUATION DRILL.
FIRE WATCH.
LOCKDOWN.
SECTION Section 403.7.3 is hereby amended to read as follows:
403.7.3 Group I-3 occupancies.
Group I-3 occupancies shall comply with Sections 403.7.3.1 through 403.7.3.67.
SECTION Section 403.7.3.7 is hereby added to read as follows:
403.7.3.7 Emergency plan.
Additional information provided in emergency plans shall include procedures for
use of alarms, notification of occupants and emergency responders in the event of
alarm system malfunctions, isolating the fire, evacuating each fire area and the building,
and relocating nonambulatory persons. Copies of the plan shall be given to all
supervisory personnel, and a copy shall be available on the premises to all personnel at
all times.
438
HOA.103903238.11 78
SECTION Section 403.11 is hereby amended to read as follows:
403.11 Special requirements for public safety.
Special requirements for public safety shall be in accordance with Sections
403.11.1 through 403.11.3.34.
SECTION Section 403.11.1 is hereby amended to read as follows:
403.11.1 Fire watch personnel.
Where, in the opinion of the fire code official, it is essential for public safety in a
place of assembly or any other place where people congregate, because of the number
of persons, or the nature of the performance, exhibition, display, contest or activity, the
owner, agent or lessee shall provide one or more fire watch personnel, as required and
approved. Fire watch personnel shall comply with Sections 403.11.1.1 and, 403.11.1.2,
and 401.10.
SECTION Section 403.11.2 is hereby amended to read as follows:
403.11.2 Public safety plan for gatherings.
Where the fire code official determines that an indoor or outdoor gathering of
persons has an adverse impact on public safety through diminished access to buildings,
structures, fire hydrants and fire apparatus access roads or where such gatherings
adversely affect public safety services of any kind, the fire code official shall have the
authority to order the development of or prescribe a public safety plan that provides an
approved level of public safety and addresses the following items:
1.Emergency vehicle ingress and egress.
2.Fire protection.
3.Emergency egress or escape routes.
439
HOA.103903238.11 79
4.Emergency medical servicesThe need for emergency medical
services and personnel.
5.Public assembly areas.
6.The directing of both attendees and vehicles, including the parking
of vehicles.
7.Vendor and food concession distribution.
8.The need for the presence of law enforcement.
9.The need for fire and emergency medical services personnelThe
need for the presence of fire department personnel and/or fire
safety officer(s).
10.The need for a weather monitoring person.
11.If attendance is greater than 5,000 people, the event shall be in
accordance with Reference No. 842 of the County of Los Angeles
Department of Health Services Prehospital Care Manual; permit for
mass-gathering event shall be required as set forth in
Section 105.5.
SECTION Section 403.11.3 is hereby amended to read as follows:
403.11.3 Crowd managers.
Where facilities or events involve a gathering of more than 5001,000 people,
crowd managers shall be provided in accordance with Sections 403.11.3.1 through
403.11.3.3.
440
HOA.103903238.11 80
SECTION Section 403.11.4 is hereby added to read as follows:
403.11.4 Fire safety officers.
When, in the opinion of the fire code official, it is necessary for the preservation
of life or property, due to the hazardous nature of an event, production, operation, or
function, the fire code official shall require the owner or lessee to employ or cause the
employment of one or more approved fire safety officers to be on duty at such place
during the hazardous activity.
SECTION Section 403.13 is hereby added to read as follows:
403.13 Ground seats.
When more than 200 loose chairs are used in close proximity to, and in
connection with, a public assemblage event, the chairs shall be fastened together in
groups of not less than three.
Exceptions:
1.The bonding of chairs shall not be required when tables are
provided with the chairs for dining use or similar purposes.
2.The bonding of chairs shall not be required when the placement
and location of such chairs will not obstruct any required exit, or
any line of egress toward any required exit and will not constitute a
fire hazard as approved by the fire code official.
SECTION Section 404.2.1 is hereby amended to read as follows:
404.2.1 Fire evacuation plans.
Fire evacuation plans shall include the following:
441
HOA.103903238.11 81
1.Emergency egress or escape routes and whether evacuation of the
building is to be complete by selected floors or areas only or with a
defend-in-place response. For occupancies and buildings located
in wildfire risk areas, the emergency egress and escape routes
shall include provisions for transporting employees and occupants
to a location that is deemed reasonably safe from wildland fire.
. . .
SECTION Section 404.2.2 is hereby amended to read as follows:
404.2.2 Fire safety plans.
Fire safety plans shall include the following:
. . .
4.Floor plans identifying the locations of the following:
. . .
4.9.Fire alarm, control panel, and fire alarm annunciators and
controls.
4.10.Location of limited access devices, including key boxes and
key switches.
. . .
SECTION Section 404.2.2.1 is hereby added to read as follows:
404.2.2.1 Implementation.
In the event a fire is detected in a building or a fire alarm activates, the fire
evacuation plan and fire safety plan shall both be implemented.
442
HOA.103903238.11 82
SECTION Section 405.1 is hereby amended to read as follows:
405.1 General.
Emergency evacuation drills complying with Sections 405.3 through 405.1011
shall be conducted not less than annually where fire safety and evacuation plans are
required by Section 403 or where required by the fire code official. Lockdown plan drills
shall be conducted in accordance with the approved plan. Such drills shall not be
substituted for fire and evacuation drills required by Section 405.3. Drills shall be
designed in cooperation with the local authorities.
SECTION Section 405.11 is hereby added to read as follows:
405.11 Fire drill.
In accordance with Table 405.3 of this code, a fire drill shall be conducted by the
fire safety director, or designee using the fire alarm system.
SECTION Section 502.1 is hereby amended to read as follows:
502.1 Definitions.
The following terms are defined in Chapter 2.
AGENCY.
AREA OF FIREFIGHTING OPERATIONS.
FIRE APPARATUS ACCESS ROAD.
FIRE COMMAND CENTER.
FIRE DEPARTMENT MASTER KEY.
FIRE LANE.
KEY BOX.
TRAFFIC CALMING DEVICES.
443
HOA.103903238.11 83
WATER UTILITY.
WATER UTILITY SERVICE AREA.
SECTION Section 503.1.1 is hereby amended to read as follows:
503.1.1 Buildings and facilities.
Approved fire apparatus access roads shall be provided for every facility, building
or portion of a building hereafter constructed or moved into or within the jurisdiction.
The fire apparatus access road shall comply with the requirements of this section and
shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions
of the exterior walls of the first story of the building as measured by an approved route
around the exterior of the building or facility.
Exceptions:
1.The fire code official is authorized to increase the dimension of 150
feet (45 720 mm) where any of the following conditions occur:
1.1.The building is equipped throughout with an approved
automatic sprinkler system installed in accordance with
Section 903.3.1.1, 903.3.1.2 or 903.3.1.3.
1.2.Fire apparatus access roads cannot be installed because of
location on property, topography, waterways, nonnegotiable
grades or other similar conditions, and an approved
alternative means of fire protection is provided.
1.3.There are not more than two Group R-3 or Group U
occupancies.
444
HOA.103903238.11 84
2.Where approved by the fire code official, fire apparatus
access roads shall be permitted to be exempted or modified
for solar photovoltaic power generation facilities and a stand-
alone battery energy storage structure.
3. Exterior walls of interior courts that are enclosed on all sides.
SECTION Section 503.1.2 is hereby amended to read as follows:
503.1.2 Additional access.
The fire code official is authorized to require more than one fire apparatus access
road based on the potential for impairment of a single road by vehicle congestion,
condition of terrain, climatic conditions or other factors that could limit access. Such
additional access must also comply with Title 21 of the Los Angeles County Code,
where applicable.
SECTION Section 503.2 is hereby amended to read as follows:
503.2 Specifications.
Fire apparatus access roads shall be installed and arranged in accordance with
Sections 503.2.1 through 503.2.89.
SECTION Section 503.2.1 is hereby amended to read as follows:
503.2.1 Dimensions.
Fire apparatus access roads shall have an unobstructed width of not less than
20 feet (6096 mm), exclusive of shoulders, except as specified in Sections 503.2.1.1
through 503.2.1.2.2.2, and for approved security gates in accordance with
Section 503.6,. andFire apparatus access roads shall have an unobstructed vertical
clearance of not less than 13 feet 6 inches (4115 mm)clear to the sky.
445
HOA.103903238.11 85
Exception: A minimum vertical clearance of 13 feet 6 inches (4115 mm)
may be allowed for protected tree species adjacent to access roads. Any
applicable tree-trimming permit from the appropriate agency is required.
SECTION Section 503.2.1.1 is hereby added to read as follows:
503.2.1.1 Single-lot single-family residential dwellings.
Private on-site fire apparatus access roads serving one single-lot single-family
residence may be reduced to a minimum width of not less than 15 feet (6096 mm),
exclusive of shoulders, when approved by the fire code official.
SECTION Section 503.2.1.2 is hereby added to read as follows:
503.2.1.2 Commercial, industrial, and multifamily-residential
developments.
Fire apparatus access roads for commercial, industrial, and multifamily-
residential developments shall be installed and arranged in accordance with
Sections 503.2.1.2.1 through 503.2.1.2.2.2. For purposes of this section, the highest
roof surface shall be determined by measurement of the vertical distance between the
access roadway and the eave of a pitched roof, the intersection of the roof to the
exterior wall, or the top of parapet walls, whichever is greatest.
SECTION Section 503.2.1.2.1 is hereby added to read as follows:
503.2.1.2.1 Where the highest roof surface does not exceed 30 feet.
For buildings where the vertical distance between the access roadway and the
highest roof surface does not exceed 30 feet (9144 mm), fire apparatus access roads
shall have an unobstructed width of not less than 26 feet (7925 mm), exclusive of
shoulders, and an unobstructed clearance of clear to the sky.
446
HOA.103903238.11 86
Exception:The 26-foot (7925 mm) width may be reduced to not less
than 20 feet (6,096 mm), when approved by the fire code official. This
exception shall not be applied for a distance of 25 feet (7620 mm) on
either side of a hydrant.
SECTION Section 503.2.1.2.2 is hereby added to read as follows:
503.2.1.2.2 Where the highest roof surface exceeds 30 feet.
For buildings where the vertical distance between the access roadway and the
highest roof surface exceeds 30 feet (9144 mm), an approved fire apparatus access
roadway with a minimum width of 28 feet (8535 mm), exclusive of shoulders, shall be
provided in the immediate vicinity of the building or portion thereof. This roadway shall
have an unobstructed clearance of clear to the sky.
Exception:The 28-foot (8535 mm) width may be reduced to not less
than 20 feet (6,096 mm), when approved by the fire code official. This
exception shall not be applied for a distance of 25 feet (7620 mm) on
either side of a hydrant.
SECTION Section 503.2.1.2.2.1 is hereby added to read as follows:
503.2.1.2.2.1 Proximity to Building.
At least one required access route meeting this condition shall be located such
that the edge of the fire apparatus access roadway, not including shoulders, that is
closest to the building being served, is between 10 feet (254 mm) and 30 feet (9144
mm) from the building, as determined by the fire code official, and shall be positioned
parallel to one entire side of the building. The side of the building on which the fire
apparatus access road is positioned shall be approved by the fire code official.
447
HOA.103903238.11 87
Exception: When approved by the fire code official, the required setback
may be modified for residential and mixed-use residential developments
less than five stories in height when additional fire protection measures
are provided.
SECTION Section 503.2.1.2.2.2 is hereby added to read as follows:
503.2.1.2.2.2 Obstructions.
Overhead power lines shall not be located over the fire apparatus access road or
between the fire apparatus road and the building. Other obstructions shall be permitted
to be placed with the approval of the fire code official.
SECTION Section 503.2.2.1 is hereby added to read as follows:
503.2.2.1 Dimensions maintained.
The dimensions of approved fire apparatus roads shall be maintained as
originally approved by the fire code official.
SECTION Section 503.2.3 is hereby amended to read as follows:
503.2.3 Surface.
Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus and shall be surfaced so as to provide all-weather
driving capabilities. Facilities, buildings or portions of buildings hereafter constructed or
moved into or within the jurisdiction shall be accessible to fire department apparatus by
way of an approved fire apparatus access road that is designed and maintained with an
asphalt, concrete or other approved driving surface capable of supporting the imposed
load of fire apparatus weighing at least 75,000 pounds (34 050 kg). The fire apparatus
448
HOA.103903238.11 88
access shall be surfaced so as to provide all-weather driving capabilities, as approved
by the fire code official.
Exception: Regarding the weight rating, the fire code official shall be
authorized to determine that fire apparatus access roads serving one- and
two-family residences instead be capable of supporting the imposed load
of fire apparatus weighing at least 50,000 pounds (22 700 kg).
SECTION Section 503.2.4 is hereby amended to read as follows:
503.2.4 Turning radius.
The required turning radius of a fire apparatus access road shall be determined
by the fire code official. The minimum turning radius shall be not less than 32 feet
(9754 mm) measured at the centerline of the required access roadway.
SECTION Section 503.2.5 is hereby amended to read as follows:
503.2.5 Dead-ends.
Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in
length shall be provided with an approved area for turning around fire
apparatusturnaround. See Figures 503.2.5(1) and 503.2.5(2). The turnaround shall be
oriented on the access roadway in the proper direction of travel.
Exceptions:
1.Dead-end fire apparatus access roads serving other than single-
family dwellings, that are a minimum of 20 feet (6096 mm) in width
and that are straight and flat, may be extended to between 151 feet
(46 025 mm) and 300 feet (91 440 mm) in length without requiring a
turnaround, when approved by the fire code official.
449
HOA.103903238.11 89
2.Dead-end fire apparatus access roads serving single-lot single-
family dwellings, that are a minimum of 15 feet (4572 mm) in width
and that are straight and flat, may be extended to between 151 feet
(46 025 mm) and 300 feet (91 440 mm) in length without requiring a
turnaround, when approved by the fire code official.
SECTION Figure 503.2.5(1) is hereby added as follows:
FIGURE 503.2.5(1)
FIRE APPARATUS TURNAROUND STANDARD — PUMPER
450
HOA.103903238.11 90
SECTION Figure 503.2.5(2) is hereby added as follows:
FIGURE 503.2.5(2)
FIRE APPARATUS TURNAROUND STANDARD — AERIAL APPARATUS
SECTION Section 503.2.7 is hereby amended to read as follows:
503.2.7 Grade.
The grade of the fire apparatus access road shall be within the limits established
by the fire code official based on the fire department’s apparatus. Fire apparatus
access roads shall not exceed 15 percent (15 %) in grade.
Exception: For a fire apparatus access road serving no more than
two single-family dwellings, grades shall not exceed 20 percent (20%)
when approved by the fire code official. Grades between 15.1 percent
451
HOA.103903238.11 91
(15.1 %) and 20 percent (20%) shall not exceed a maximum cumulative
total of 500 feet (152.4 m) as measured over the entire length of the
access roadway.
SECTION Section 503.2.9 is hereby added to read as follows:
503.2.9 Area of firefighting operations.
The area of firefighting operations, as defined in Chapter 2, shall not be located
underneath high-voltage transmission lines.
SECTION Section 503.3 is hereby amended to read as follows:
503.3 Marking and signage.
Where required by the fire code official, approved signs or other approved
notices or markings that include the words NO PARKING—FIRE LANE shall be
provided for fire apparatus access roads to identify such roads, to clearly indicate the
access to such roads, or to prohibit the obstruction thereof. The means by which fire
lanes are designated shall be maintained in a clean and legible condition at all times
and be replaced or repaired when necessary to provide adequate visibility. A no-
parking designation shall meet the requirements of California Vehicle Code Section
22500.1 and be approved by the fire code official.
Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches
(457 mm) high and have red letters on a white reflective background. Signs shall be
posted on one or both sides of the fire apparatus road as required.
452
HOA.103903238.11 92
SECTION Section 503.3.1 is hereby added to read as follows:
503.3.1 Marking overhead high-voltage transmission lines.
When required by the fire code official, fire apparatus access roads and
structures located near high-voltage transmission lines shall be posted with signs,
approved by the fire code official, that include the words "CAUTION OVERHEAD
HIGH-VOLTAGE TRANSMISSION LINES."
SECTION Section 503.4 is hereby amended to read as follows:
503.4 Obstruction of fire apparatus access roads.
Fire apparatus access roads shall not be obstructed in any manner, including by
the parking of vehicles or the use of traffic calming devices, including but not limited to,
speed bumps or speed humps. The minimum widths and clearances established in
Sections 503.2.1 and 503.2.2 shall be maintained at all times.
SECTION Section 503.4.1 is hereby amended to read as follows:
503.4.1 Traffic calming devices.
Traffic calming devices, including but not limited to, speed bumps and speed
humps, shall be prohibited unless approved by the fire code official.
SECTION Section 503.5.1 is hereby amended to read as follows:
503.5.1 Secured gates and barricades.
Where required, gates and barricades shall be secured in an approved manner.
Roads, trails and other accessways that have been closed and obstructed in the
manner prescribed by Section 503.5 shall not be trespassed on or used unless
authorized by the owner and the fire code official. Also see Section 506.
453
HOA.103903238.11 93
Exception: The restriction on use shall not apply to public officers acting
within the scope of duty.
SECTION Section 503.6 is hereby amended to read as follows:
503.6 Security gGates.
The installation of security gates across a fire apparatus access road shall be
approved by the fire code official. Where security gates are installed, they shall have an
approved means of emergency operation. The security gates and the emergency
operation shall be maintained operational at all times. Electric gate operators, where
provided, shall be listed in accordance with UL 325. Gates intended for automatic
operation shall be designed, constructed and installed to comply with the requirements
of ASTM F2200.
Gates securing the fire apparatus access roads shall comply with all of the
following criteria:
1.Where a single gate is provided, the gate width shall not be less
than 20 feet (6096 mm), except on a fire apparatus access roadway
approved to be a lesser width, in which case the gate shall not
restrict that width. Where a fire apparatus road consists of a
divided roadway, the gate width shall be not less than 15 feet (4572
mm) for residential use and 20 feet (6096 mm) for
commercial/industrial uses.
2.Gates shall be of the swinging or sliding type.
3.Construction of gates shall be of materials that allow manual
operation by one person.
454
HOA.103903238.11 94
4.Gate components shall be maintained in an operative condition at
all times and replaced or repaired when defective.
5.Electric gates shall be equipped with a means of opening the gate
by fire department personnel for emergency access. Emergency
opening devices shall be approved by the fire code official.
6.Methods of locking shall be submitted for approval by the fire code
official.
7.Electric gate operators, where provided, shall be listed in
accordance with UL 325.
8.Gates intended for automatic operation shall be designed,
constructed, and installed to comply with the requirements of ASTM
F2200.
SECTION Section 503.7 is hereby added to read as follows:
503.7 Fire apparatus access roads in recreational vehicle,
mobilehome, and manufactured housing sales lots and storage lots.
Recreational vehicle, mobilehome, and manufactured housing sales lots and
storage lots shall provide and maintain fire apparatus access roads in accordance with
Section 503.
SECTION Section 503.8 is hereby added to read as follows:
503.8 Fire apparatus access roads in mobilehome parks and
special occupancy parks.
The enforcing agency for California Code of Regulations, Title 25, Division 1,
Chapters 2 and 2.2 shall have authority for approval of roadways in mobilehome parks
455
HOA.103903238.11 95
and special occupancy parks. Mobilehome parks roadway requirements are found in
California Code of Regulations, Title 25, Division 1, Chapter 2, Article 2, Section 1106,
and roadway requirements for special occupancy parks are found in Title 25, Division 1,
Chapter 2.2, Article 2, Section 2106. The fire department shall have the authority to
require access provisions more stringent than those which are located in CCR Title 25,
but at no point more stringent than those which are required in this code, except in
accordance with Sections 104.8 through 104.10, or as otherwise allowed by law.
SECTION Section 504.1 is hereby amended to read as follows:
504.1 Required access.
Exterior doors and openings required by this code or the California Building Code
shall be maintained readily accessible for emergency access by the fire department. An
approved access walkway leading from fire apparatus access roads to exterior
openings shall be provided where required by the fire code official.
Exception: Single-family dwellings with slopes exceeding 3:1 ratio.
SECTION Section 504.5 is hereby added to read as follows:
504.5 Rooftop barriers and parapets.
No person shall install any security barrier, visual barrier screen, or other
obstruction on the roof of any building in such a manner as to obstruct firefighter ingress
or egress in the event of fire or other emergency. Parapets shall not exceed 42 inches
(1067 mm) on at least two sides of the building. These sides should face an access
roadway or yard sufficient to accommodate ladder operations.
456
HOA.103903238.11 96
Exceptions:
1. Where parapets are desired to be taller than 42 inches (1067 mm),
the fire code official shall have the authority to approve a
platform/catwalk system.
2. Where a portion of a roof is greater than 75 feet (22 860 mm)
above the highest adjacent level of a fire apparatus access road.
SECTION Section 505.1.1 is hereby added to read as follows:
505.1.1 Multiple residential and commercial units.
Multiple residential and commercial units having entrance doors not visible from
the street or road shall have, in addition to the requirements of Section 505.1 above,
approved numbers grouped for all units within each structure and positioned to be
plainly visible from the street or road. Said numbers may be grouped on the wall of the
structure or on a mounting post independent of the structure.
SECTION Section 506.1 is hereby amended to read as follows:
506.1 Where required.
Where access to or within a new or existing structure or an area is restricted
because of secured openings or where immediate access is necessary for life-saving or
fire-fighting purposes, the fire code official is authorized to require an approved key box
or other limited-access device to be installed in an approved location. The key box shall
be of an approved type listed in accordance with UL 1037, and shall contain keys to
gain necessary access as required by the fire code official.
Exception: A key box or other limited-access device is not required for
access to the interior of a sleeping unit or dwelling unit.
457
HOA.103903238.11 97
SECTION Section 507.1.1 is hereby added to read as follows:
507.1.1 Water certificate.
Except as otherwise provided by this section, every application for a building
permit shall be accompanied by one of the following:
1.Evidence indicating to the fire code official that the proposed
structure will be provided with a reliable water supply. The fire
code official may accept as sufficient evidence a certificate from a
water utility that it can supply water to the proposed structure in
compliance with Title 20 of the Los Angeles County Code, except
that if the fire code official knows that such water utility cannot so
supply water, the fire code official may reject such certificate; or.
2.A certificate from the Fire Department that there exists, or is under
construction, a private water supply which, in the opinion of the fire
code official's opinion, is adequate for fire protection.
Exception: A certificate is not required for new or existing Group U
occupancies with less than 1,000 square feet (93 m2) of aggregate floor
area.
SECTION Section 507.2 is hereby amended to read as follows:
507.2 Type of water supply.
A water supply shall consist of reservoirs, pressure tanks, elevated tanks, water
mains or other fixed systems capable of reliably providing the required fire
flow. Facilities, buildings, or portions of buildings that are hereafter constructed or
moved into or within the jurisdiction, that are located within a water district's or water
458
HOA.103903238.11 98
utility's service area, and that can receive a fire-flow certificate upon satisfactory
completion of facilities improvements from the applicable water district or water utility,
shall obtain their required fire flow from that water district’s or water utility’s system.
SECTION Section 507.2.2 is hereby amended to read as follows:
507.2.2 Water tanks.
Water tanks, and associated structures and piping, for private fire protection shall
be installed and maintained in accordance with NFPA 22, and as specified by the fire
code official.
SECTION Section 507.3.1 is hereby added to read as follows:
507.3.1 Fire protection water supplies in sales or storage lots of
recreational vehicles, mobilehomes, or manufactured housing, or in mobilehome
parks or special occupancy parks.
New, or additions to existing, sales or storage lots of recreational vehicles,
mobilehomes, or manufactured housing, mobilehome parks, and special occupancy
parks, shall be provided with an approved fire protection water supply in accordance
with Section 507.
Exception: Special occupancy parks located in remote areas shall have
a fire protection water supply as required by the fire code official, which
shall not be less than the requirements of the California Code of
Regulations, Title 25, Division 1, Chapter 2.2, Special Occupancy Parks,
Article 6, Section 2300, et seq.
459
HOA.103903238.11 99
SECTION Section 507.4.1 is hereby added to read as follows:
507.4.1 Private fire hydrant test and certification in mobilehome
parks and special occupancy parks.
Private fire hydrants in mobilehome parks and special occupancy parks shall be
tested and certified as required by California Code of Regulations, Title 25, Division 1,
Chapter 2, Article 6, Section 1317 for mobilehome parks and Division 1, Chapter 2.2,
Article 6, Section 2317 for special occupancy parks. Certification of such tests shall be
completed by the local water supplier, a licensed C-16 fire protection contractor, or a
licensed fire protection engineer as required by said Title 25.
SECTION Section 507.5.5 is hereby amended to read as follows:
507.5.5 Clear space around hydrants.
A 3-foot (914 mm) clear space shall be maintained around the circumference of
fire hydrants, except as otherwise required or approved. Vehicles parking near fire
hydrants must also comply with California Vehicle Code Section 22514.
SECTION Section 507.5.7 is hereby added to read as follows:
507.5.7 Firefighting water source marker.
When required by the fire code official, a fire hydrant and other firefighting water
source shall be identified by the installation of a blue raised reflective pavement marker
or identified by other approved means.
460
HOA.103903238.11 100
SECTION Section 507.5.8 is hereby added to read as follows:
507.5.8 Private fire hydrant identification.
A private service fire hydrant shall be painted red in color. The valve stem,
coupling threads, or portions of the hydrant where the application of paint would violate
the listing of the hydrant or hinder its operation shall not be painted.
SECTION Section 507.5.9 is hereby added to read as follows:
507.5.9 Private fire hydrant caps or plugs.
A private service fire hydrant hose coupling shall be provided with a protective
thread cap or plug. Missing or damaged caps or plugs shall be replaced.
SECTION Section 507.5.10 is hereby added to read as follows:
507.5.10 Draft system identification sign.
Draft hydrants, including those for existing swimming pools and spas constructed
or located in a fire hazard severity zone with a capacity of 5,000 gallons (1892.71 L) or
more equipped with draft hydrants, shall be identified with a permanent sign. The sign
and its location shall be approved by the fire code official.
SECTION Section 507.6 is hereby added to read as follows:
507.6 Aboveground controls and valves for water-based fire
protection systems.
Aboveground controls and valves for water-based fire protection systems shall
comply with Section 901.6.4.
461
HOA.103903238.11 101
SECTION Section 509 is hereby amended to read as follows:
509 FIRE PROTECTION, AND UTILITY, AND HAZARDOUS
EQUIPMENT IDENTIFICATION AND ACCESS
SECTION Section 509.1.1 is hereby amended to read as follows:
509.1.1 Utility and hazardous equipment identification.
Where required by the fire code official, gas shutoff valves, electric meters,
service switches and other utility equipment, as well as similar equipment of similar
privately owned hazards, shall be clearly and legibly marked to identify the unit or space
that iteach serves, and to identify the disconnection means of each, along with the total
number of disconnects for each category of hazardous sources (e.g., electrical power
sources, natural gas sources, etc.) and further identification of the hazard type where
necessary (e.g., lithium-ion ESS, hydrogen gas fuel cell, etc.). Identification shall be
made in an approved manner, readily visible and shall be maintained. For the purposes
of Sections 509 and 603, both an energy storage system (ESS) and a photovoltaic (PV)
system shall each be considered an electrical power source, with electrical service
equipment, and an electrical hazard.
SECTION Section 509.2 is hereby amended to read as follows:
509.2 Equipment and disconnection-means access.
Approved access shall be provided and maintained for all fire protection system,
utility, and hazardous equipment, as determined by the fire code official, to permit
immediate safe operation and maintenance of such equipment, including of required
disconnection and/or attenuation means. Storage, trash and other materials or objects
462
HOA.103903238.11 102
shall not be placed or kept in such a manner that would prevent such equipment and
means of disconnection and/or attenuation from being readily accessible.
SECTION Section 509.3 is hereby added to read as follows:
509.3 Disconnection means location.
Where multiple sources of the same category of hazard (e.g., categories of
electrical hazards, of flammable gas hazards, etc.) serve a single building, required
disconnection and/or attenuation means for the sources of each hazard category shall
be located together, in a location approved by the fire code official. Where additional
and/or remote means are necessary in order to accomplish this requirement, physical
disconnection shall be achieved at the source of the hazard itself, such as by use of
relay(s). Required disconnection and/or attenuation means for electrical hazards shall
be located within 6 feet (1829 mm) of the main service panel, on the same wall plane,
and maintained not separated from one another by walls, gates, fences, vegetation, or
architectural features of the building.
Exception: The fire code official shall have the authority to allow case-by-
case exceptions where site or hazard constraints make a requirement
impractical. Where such exceptions are granted, clear, permanent
signage shall be provided in all cases. The color, content, number, and
medium of the signage shall be as determined by the fire code official.
463
HOA.103903238.11 103
SECTION Section 510.1 is hereby amended to read as follows:
510.1 Emergency responder communication coverage (ERCC)
in new buildings.
Approved in-building, two-way emergency responder communication coverage
for emergency responders shall be provided in all new buildings. In-building, two-way
emergency responder communication coverage within the building shall be based on
the existing coverage levels of the public safety communication systems utilized by the
jurisdiction, measured at the exterior of the building. This section shall not require
improvement of the existing public safety communication systems.
Exceptions:
1.Where approved by the building official and the fire code official, a
wired communication system in accordance with Section
907.2.13.2 shall be permitted to be installed or maintained instead
of an approved radio coverage, or otherwise-required
communication-coverage, system.
2.Where it is determined by the fire code official that the
radiocommunication coverage system is not needed. In order to
make this determination, the fire code official may require an
approved type of evaluation and/or modeling of communication
coverage signal strength be conducted, at the expense of the
building owner, for new buildings, new portions of buildings, or
buildings or portions thereof otherwise triggering the provisions of
this code.
464
HOA.103903238.11 104
3.In facilities where emergency responder radiocommunication
coverage is required and such systems, components or equipment
required could have a negative impact on the normal operations of
that facility, the fire code official shall have the authority to ac cept
an automatically activated emergency responder
radiocommunication coverage system.
4. One- and two-family dwellings and townhouses.
SECTION Section 510.2 is hereby amended to read as follows:
510.2 Emergency responder communication coverage in
existing buildingsReserved.
Existing buildings shall be provided with approved in-building, two-way
emergency responder communication coverage for emergency responders as required
in Chapter 11.
SECTION Section 510.4.1 is hereby amended to read as follows:
510.4.1 Emergency responder communication coverage system
signal strength.
The building shall be considered to have acceptable in-building, two-way
emergency responder communication system coverage where signal strength
measurements in 95 percent of all areas and 99 percent of areas designated as critical
areas by the fire code official on each floor of the building, and 99 percent of each
critical area as designated below, meet the signal strength requirements in Sections
510.4.1.1 through 510.4.1.3. Critical areas shall include the following:
1.At all fire alarm control panels.
465
HOA.103903238.11 105
2.At fire fighter’s smoke control panels.
3. At the main electrical panel(s).
4. Throughout emergency and standby power rooms.
5. Throughout a fire command center complying with Section 508.
6. Throughout exit stairs.
7. Throughout areas of refuge.
8. Throughout fire pump rooms.
9. Throughout elevator machine rooms and elevator lobbies.
10. Throughout building lobbies.
11. Locations as determined by the fire code official.
SECTION Section 510.4.1.1 is hereby amended to read as follows:
510.4.1.1 Minimum signal strength into the building.
The minimum inbound signal strength shall be sufficient to provide usable voice
communications throughout the coverage area as specified by the fire code official. The
inbound signal level shall be a minimunminimum of -95dBm throughout the coverage
area and sufficient to provide not less than a Delivered Audio Quality (DAQ) of 3.03.4 or
an equivalent Signal-to-Interference-Plus-Noise Ratio (SINR) applicable to the
technology for either analog or digital signals.
SECTION Section 510.4.1.2 is hereby amended to read as follows:
510.4.1.2 Minimum signal strength out of the building.
The minimum outbound signal strength shall be sufficient to provide usable voice
communications throughout the coverage area as specified by the fire code official. The
466
HOA.103903238.11 106
outbound signal level shall be sufficient to provide not less than a DAQ of 3.03.4 or an
equivalent SINR applicable to the technology for either analog or digital signals.
SECTION Section 510.4.2 is hereby amended to read as follows:
510.4.2 System design.
The in-building, two-way emergency responder communication coverage system
shall be designed in accordance with Sections 510.4.2.1 through 510.4.2.8 and, in
accordance with NFPA 1221, and as determined by the fire code official.
SECTION Section 510.4.2.3 is hereby amended to read as follows:
510.4.2.3 Standby power.
In-building, two-way emergency responder communication coverage systems
shall be provided with dedicated standby batteries or provided with 212-hour standby
batteries and connected to the facility generator power system in accordance with
Section 1203. The standby power supply shall be capable of operating the in-building,
two-way emergency responder communication coverage system at 100-percent system
capacity for a duration of not less than 1224 hours.
SECTION Section 510.5 is hereby amended to read as follows:
510.5 Installation requirements.
The installation of the in-building, two-way emergency responder communication
coverage system shall be in accordance with NFPA 1221 and, in accordance with
Sections 510.5.21 through 510.5.5, and as determined by the fire code official.
467
HOA.103903238.11 107
SECTION Section 510.5.1 is hereby amended to read as follows:
510.5.1 Mounting of the donor antenna(s).
To maintain proper alignment with the system designed donor site, donor
antennas shall be permanently affixed on the building or where approved,. For existing
installations where an antenna was previously approved to be mounted on a movable
sled, the assembly shall be provided with an approved, clearly visible sign stating
"MOVEMENT OR REPOSITIONING OF THIS ANTENNA IS PROHIBITED WITHOUT
APPROVAL FROM THE FIRE CODE OFFICIAL." The antenna installation shall be in
accordance with the applicable requirements in the California Building Code for weather
protection of the building envelope.
SECTION Section 510.5.4 is hereby amended to read as follows:
510.5.4 Acceptance test procedure.
Where an in-building, two-way emergency responder communication coverage
system is required, and upon completion of installation, the building owner shall have
the radio system tested to verify that two-way coverage on each floor of the building is
not less than 95 percent, and 99 percent for critical areas as defined in Section 510.4.1.
The test procedure shall be conducted as follows:
1. EachFor the 95-percent coverage test, each floor of the building
shall be divided into a grid of 20 approximately equal test areas.
Floors or levels of exceptionally large size may be required to be
considered in sections in order to keep the individual grid test areas
of reasonable size.
468
HOA.103903238.11 108
For the critical-areas coverage test, those areas shall be identified
and shall require 99-percent coverage.
2. The test shall be conducted using a calibrated portable radio of the
latest brand and model used by the agency talking through the
agency’s radio communications system or equipment approved by
the fire code official.
3. Failure of more than one test area shall result in failure of the test.
No failure of critical areas will be allowed.
4. InFor the 95-percent coverage requirement areas, in the event that
two of the test areas fail the test, in order to be more statistically
accurate, the floor shall be permitted to be divided into 40 equal
test areas. Failure of not more than two nonadjacent test areas
shall not result in failure of the test. If the system fails the 40-area
test, the system shall be altered to meet the 95-percent coverage
requirement.
. . .
SECTION Section 510.6 is hereby amended to read as follows:
510.6 Maintenance and notifications.
The in-building, two-way emergency responder communication coverage system
shall be maintained operational at all times in accordance with Sections 510.6.1 through
510.6.4, and with local requirements, including any required notifications to emergency-
responder and/or communication-system-provider agencies.
469
HOA.103903238.11 109
SECTION Section 510.6.2 is hereby amended to read as follows:
510.6.2 Additional frequencies.
The building owner shall modify or expand the in-building, two-way emergency
responder communication coverage system at his or her expense in the event
frequency changes are required by the FCC or, other radio licensing authority, or fire
code official, or additional frequencies are made available by the FCC or other radio
licensing authority. Prior approval of an in-building, two-way emergency responder
communication coverage system on previous frequencies does not exempt this section.
SECTION Section 511 is hereby added to read as follows:
511 DESTRUCTION OF SIGNS
511.1 Destruction of signs.
No person shall mutilate or remove or destroy any sign or notice posted, or
required to be posted, by the fire code official or a duly authorized representative.
SECTION Section 603.4 is hereby amended to read as follows:
603.4 Working space and clearances.
Working space around electrical equipment shall be provided in accordance with
Section 110.26 of the California Electrical Code for electrical equipment rated 1,000
volts or less, and Section 110.32 of the California Electrical Code for electrical
equipment rated over 1,000 volts. The minimum required working space shall be not
less than 30 inches (762 mm) in width, 36 inches (914 mm) in depth and 78 inches
(1981 mm) in height in front of electrical service equipment. Where the electrical
service equipment is wider than 30 inches (762 mm), the minimum working space shall
470
HOA.103903238.11 110
be not less than the width of the equipment. Storage of materials shall not be located
within the designated working space.
The code official is authorized to require the installation, painting, and/or
placement of approved physical markers, and verbiage as deemed necessary, by which
to visually designate the area to be maintained clear of storage.
SECTION Section 603.4.1 is hereby amended to read as follows:
603.4.1 Electrical signage and Llabeling.
Doors into electrical control panel rooms shall be marked with a plainly visible
and legible sign stating "ELECTRICAL ROOM" or similar approved wording. The
disconnecting means for each service, feeder or branch circuit originating on a
switchboard or panelboard shall be legibly and durably marked to indicate its purpose
unless such purpose is clearly evident.
Where buildings or structures are supplied by more than one power source,
markings shall be provided at each service equipment location and at all interconnected
electric power production sources identifying all electric power sources at the premises
in accordance with the California Electrical Code, and other requirements of the fire
authority. See Section 509, et seq.
For the purposes of Sections 509 and 603, both an energy storage system (ESS)
and a photovoltaic (PV) system shall each be considered an electrical power source,
with electrical service equipment, and an electrical hazard.
471
HOA.103903238.11 111
SECTION Section 604.4 is hereby amended to read as follows:
604.4 Emergency signs.
An approved pictorial sign of a standardized design shall be posted adjacent to
each elevator call station on all floors instructing occupants to use the exit stairways and
not to use the elevators in case of fire. The sign shall read: "IN FIRE EMERGENCY,
DO NOT USE ELEVATOR. USE EXIT STAIRS." Letters shall be at least 1-inch (25
mm) high and in contrasting color to the background.
Exceptions:
1. The emergency sign shall not be required for elevators that are part
of an accessible means of egress complying with Section 1009.4.
2. The emergency sign shall not be required for elevators that are
used for occupant self-evacuation in accordance with Section 3008
of the California Building Code.
SECTION Section 901.6 is hereby amended to read as follows:
901.6 Inspection, testing, and maintenance.
Fire protection and life safety systems shall be maintained in an operative
condition at all times, and shall be replaced or repaired where defective. Nonrequired
fire protection and life safety systems and equipment shall either be inspected, tested
and maintained, or be removed in accordance with Section 901.8.
Fire protection and life safety system equipment, including initiating devices,
alarm notification appliances, and annunciators shall not be concealed from view,
obstructed, or impaired in any manner.
. . .
472
HOA.103903238.11 112
SECTION Section 901.6.4 is hereby added to read as follows:
901.6.4 Aboveground controls and valves for water-based fire
protection systems.
Aboveground controls and valves for water-based fire protection systems,
including but not limited to private fire hydrant systems, service mains, and
appurtenances, shall be installed and maintained in accordance with Sections 901.6.4.1
through 901.6.4.4.
901.6.4.1 Signage.
Aboveground controls and valves for water-based fire protection systems shall
be provided with signage in accordance with all of the following:
1. Signs shall indicate the function of the valve and identify the areas
or systems it controls.
2.Signs shall be metal and painted red with white letters. The
characters shall be a minimum of 1-inch (25.4 mm) high with a 3/16-
inch (4.8 mm) stroke.
3.Signs shall be metal and permanently banded to the valve or
permanently affixed to a wall, using corrosion-resistant means.
4.Signage and compliance with this section shall require approval by
the fire code official.
901.6.4.2 Locks.
Aboveground controls and valves for water-based fire protection systems shall
be locked in the fully open position using a cable or chain and a non-case-hardened
473
HOA.103903238.11 113
lock, or by other approved means. Detachable wrenches for post-indicator valves shall
be secured in place by the use of a non-case-hardened lock.
Exception: Water supplies for one- and two-family dwellings shall not be
required to be locked.
901.6.4.3 Painting identification.
Aboveground controls and valves for water-based fire protection systems shall
be painted red on any exposed surfaces subject to rust or corrosion. Valve stems,
coupling threads, operating mechanisms, sight windows, components, or portions of the
valve where the application of paint would violate the listing of the valve or hinder its
operation shall not be painted.
901.6.4.4 Clear space.
A 3-foot (914 mm) clear space shall be maintained around the circumference of
aboveground controls and valves for water-based fire protection systems, except as
otherwise required or approved.
SECTION Section 901.7 is amended to read as follows:
901.7 Systems out of service.
Where a required fire protection system is out of service, the fire department and
the fire code official shall be notified immediately and, where required by the fire code
official, the building shall be either evacuated or an approved fire watch shall be
provided for all occupants left unprotected by the shutdown until the fire protection
system has been returned to service.
Where utilized, fire watches shall be provided with not less than one approved
means for notification of the fire department and their only duty shall be to perform
474
HOA.103903238.11 114
constant patrols of the protected premises and keep watch for fires. Also see Section
401.10 for fire watch responsibilities and procedures.
Exception: Facilities with an approved notification and impairment
management program. The notification and impairment program for
water-based fire protection systems shall comply with California NFPA 25.
SECTION Section 901.7.4 is hereby amended to read as follows:
901.7.4 Preplanned impairment programs.
Preplanned impairments shall be authorized by the impairment coordinator.
Before authorization is given, a designated individual shall be responsible for verifying
that all of the following procedures have been implemented:
. . .
9.When alteration requires modification of a portion of a fire
protection system, the remainder of the system shall be kept in
service.
10.When it is necessary to take a fire protection system, or portion
thereof, out of service for repair, the repair shall be completed
immediately and the system returned to full service.
SECTION Section 901.8.2 is hereby amended to read as follows:
901.8.2 Removal of existing occupant-use hose lines.
The fire code official is authorized to permit the removal of existing occupant-use
hose lines where bothall of the following conditions exist:
1.The hose line would not be utilized by trained personnel or the fire
department.
475
HOA.103903238.11 115
2.The remaining outlets are compatible with local fire department
fittings.
3.The area is provided with an approved fire sprinkler system.
SECTION Section 902.1 is amended to read as follows:
902.1 Definitions.
The following terms are defined in Chapter 2:
. . .
FIRE SAFETY FUNCTIONS.
FIRE WATCH.
FIXED BASE OPERATOR (FBO).
. . .
SECTION Section 903.2.8 is amended to read as follows:
903.2.8 Group R.
An automatic sprinkler system installed in accordance with Section 903.3 shall be
provided throughout all buildings with a Group-R fire area.
Fire sprinkler systems shall be installed in mobilehomes, manufactured homes
and multifamily manufactured homes with two dwelling units. The system design and
the installation process shall be in accordance with Title 25 of the California Code of
Regulations.
Exceptions:
. . .
476
HOA.103903238.11 116
SECTION Section 903.2.11 is amended to read as follows:
903.2.11 Specific buildings areas and hazards.
In all occupancies other than Group U, an automatic sprinkler system shall be
installed for building design or hazards in the locations set forth in Sections 903.2.11.1
through 903.2.11.67.
SECTION Section 903.2.11.7 is added to read as follows:
903.2.11.7 Occupancies in fire hazard severity zones and within the
San Gabriel Southface Area or the Malibu–Santa Monica Mountains Area.
An automatic fire sprinkler system shall be installed in every occupancy which is
newly constructed or which is modified, reconstructed, or remodeled by adding
50 percent or more of the floor area of the existing occupancy, within any 12-month
period, where the occupancy is located in a fire hazard severity zone and within the
San Gabriel Mountains Southface Area or the Malibu–Santa Monica Mountains Area, as
defined in Appendix PP.
Exceptions:
1.Occupancies located in the San Gabriel Mountains Southface Area
and which are located 3 miles or less from the closest existing or
planned Los Angeles County Fire Station capable of supporting
firefighting resources are exempt from the fire sprinkler
requirement. Travel distances shall be measured by the most
direct route on streets or roads accessible to fire department
apparatus.
477
HOA.103903238.11 117
2.Occupancies modified, reconstructed, or remodeled by adding 50
percent or more of the floor area of the existing occupancy, where
the total floor area of the occupancy after the modification,
reconstruction, or remodel is less than 5,000 square feet (465 m2),
are exempt from the fire sprinkler requirement.
3.Detached private garages, sheds, and agricultural buildings less
than 1000 square feet (92 m2) in area and separated from other
structures by a minimum of 6 feet (1829 mm), are exempt from the
fire sprinkler requirement.
4.Detached gazebos, pergolas, and carports open on two or more
sides, that are separated from other structures by a minimum of 6
feet (1829 mm) are exempt from the fire sprinkler requirement.
5.Detached Group-U occupancies, separated from other structures
by a minimum of 6 feet (1829 mm), built entirely out of
noncombustible materials, and with no combustible storage, are
exempt from the fire sprinkler requirement.
For the purposes of this subsection, "planned Los Angeles County Fire Station"
means a fire station, approved by the Consolidated Fire Protection District of
Los Angeles County that will be developed within five years from the date of building
permit application for the subject development.
The Board of Supervisors finds it necessary to impose these requirements upon
the issuance of a building permit because a failure to do so would place the residents of
478
HOA.103903238.11 118
the subdivision or the immediate community, or both, in a condition perilous to their
health or safety, or both.
SECTION Section 903.4.2 is hereby amended to read as follows:
903.4.2 Alarms.
One exterior approved audible device, located on the exterior of the building in
an approved location, shall be connected to each automatic sprinkler system. Such
sprinkler waterflow alarm devices shall be activated by water flow equivalent to the flow
of a single sprinkler of the smallest orifice size installed in the system. Where a fire
alarm system is installed, actuation of the automatic sprinkler system shall actuate the
building fire alarm system. Visible alarm notification appliances shall not be required
except when required by Section 907 and/or Section 903.4.2.1.
SECTION Section 903.4.2.1 is hereby added to read as follows:
903.4.2.1 Remote annunciation.
A dedicated fire alarm control unit for the fire sprinkler monitoring system shall be
provided and located in an approved location, near the main entrance into the building
for fire department use. An approved remote annunciator may be installed at the
approved location in lieu of the fire alarm control unit. Zone indication on the remote
annunciator may be required by the fire code official.
SECTION Section 904.1.1 is hereby amended to read as follows:
904.1.1 Certification of service personnel for fire-extinguishing
equipmentReserved.
Service personnel providing or conducting maintenance on automatic fire-
extinguishing systems, other than automatic sprinkler systems, shall possess a valid
479
HOA.103903238.11 119
certificate issued by an approved governmental agency, or other approved organization
for the type of system and work performed.
SECTION Section 904.3.5 is hereby amended to read as follows:
904.3.5 Monitoring.
WhereWhen a building fire alarm system or sprinkler monitoring system is
installed, automatic fire-extinguishing systems shall be monitored by the building’s fire
alarm systemcontrol unit in accordance with NFPA 72.
SECTION Section 905.2.1 is hereby added to read as follows:
905.2.1 Class I standpipes — rating.
Materials and devices shall be of sufficient strength to withstand not less than
200 pounds per square inch (1379 kPa) of water pressure when ready for service. All
Class I standpipes shall be tested hydrostatically to withstand not less than 200 pounds
per square inch (1379 kPa) of pressure for 2 hours, but in no case shall the pressure be
less than 50 pounds per square inch (344.7 kPa) above the maximum working
pressure.
SECTION Section 905.4 is hereby amended to read as follows:
905.4 Location of Class I standpipe hose connections.
Class I standpipe hose connections shall be provided in all of the following
locations:
1.In every required interior exit stairway, a hose connection shall be
provided for each story above and below grade plane. Hose
connections shall be located at the main floor landing unless
otherwise approved by the fire code official. See Section
480
HOA.103903238.11 120
909.20.2.3 of the California Building Code for additional provisions
in smokeproof enclosures.
Exception: A single hose connection shall be permitted to
be installed in the open corridor or open breezeway between
open stairs that are not greater than 75 feet (22 860 mm)
apart.
. . .
SECTION Section 905.4.3 is hereby added to read as follows:
905.4.3 Outlets.
Each standpipe shall be equipped with an approved 2½-inch (63.5 mm) outlet not
less than 2 feet (609.6 mm) and not more than 4 feet (1219.2 mm) above the floor level
of each story. Standpipe outlets in stairway enclosures or smokeproof enclosures shall
be located so that the exit doors do not interfere with the use of the outlet and located
on the main stair landing. All outlets shall be equipped with an approved valve, cap,
and chains.
SECTION Section 905.5.3 is hereby amended to read as follows:
905.5.3 Class II system 1½-inch hose.
A minimum 1½-inch (2538.1-mm) hose shall be allowed to be used for hose
stations in light-hazard occupancies where investigated and listed for this service and
where approved by the fire code official. Each Class II interior wet standpipe hose
station shall be equipped with a 1½-inch (38.1 mm) valve, no more than 100 feet (30
480 mm) of lined hose, and an approved fog nozzle in each story, including the
basement or cellar of the building, and located not less than 3 feet (914.4 mm) and not
481
HOA.103903238.11 121
more than 5 feet (1524 mm) above the floor. Where combination standpipes are
installed, the 1½-inch (38.1 mm) outlet system may be supplied from the combination
system with a 2-inch (50.8 mm) connecting line.
SECTION Section 905.9 is hereby amended to read as follows:
905.9 Riser shutoff Vvalve supervision and drain.
Each individual riser must be equipped with an approved indicating valve at its
base and an approved valve for draining. Valves controlling water supplies shall be
supervised in the open position so that a change in the normal position of the valve will
generate a supervisory signal at the supervising station required by Section 903.4.
Where a fire alarm system is provided, a signal shall be transmitted to the control unit.
Exceptions:
. . .
SECTION Section 905.13 is hereby added to read as follows:
905.13 Standpipe diameter.
Class III standpipes shall be not less than 6 inches (150 mm) in diameter.
SECTION Section 906.1 is hereby amended to read as follows:
906.1 Where required.
Portable fire extinguishers shall be installed in all of the following locations.
1.In new and existing Group A, B, E, F, H, I, L, M, R-1, R-2, R-2.1, R-
2.2, R-3.1, R-4, and S occupancies.
Exception: InWhen approved by the fire code official for
Group R-2 occupancies, portable fire extinguishers shall be
required only in locations specified in Items 2 through 6
482
HOA.103903238.11 122
where each dwelling unit is provided with a portable fire
extinguisher having a minimum rating of 1-A:10-B:C.
. . .
SECTION Section 910.2 is hereby amended to read as follows:
910.2 Where required.
Smoke and heat vents or a mechanical smoke removal system shall be installed
as required by Sections 910.2.1 and 910.2.2.
Exceptions:
1.Frozen food warehouses used solely for storage of Class I
and II commodities where protected by an approved
automatic sprinkler system.
2.Smoke and heat removal shall not be required in areas of
buildings equipped with early suppression fast-response
(ESFR) sprinklers.
3.Smoke and heat removal shall not be required in areas of
buildings equipped with control mode special application
sprinklers with a response time index of 50 (m · s)1/2 or less
that are listed to control a fire in stored commodities with 12
or fewer sprinklers.
483
HOA.103903238.11 123
SECTION Section 910.2.3 is hereby added to read as follows:
910.2.3 Group S-2.
Group S-2 buildings, and portions thereof, containing a total basement-area
enclosed parking garage exceeding 12,000 square feet (1108 m2) shall require a
mechanical smoke-removal system installed in accordance with Section 910.4.
SECTION Section 910.3 is hereby amended to read as follows:
910.3 Smoke and heat vents design and installation.
The design and installation of smoke and heat vents shall be in accordance
withas specified in Sections 910.3.1 through 910.3.3910.3.5.
SECTION Section 910.3.2 is hereby amended to read as follows:
910.3.2 Smoke and heat vent locations.
Smoke and heat vents shall be located 20 feet (6096 mm) or more from adjacent
lot lines and fire walls and 10 feet (3048 mm) or more from fire barriers. Vents shall be
uniformly located within the roof in the areas of the building where the vents are
required to be installed by Section 910.2, with consideration given to roof pitch, sprinkler
location, draft curtains, and structural members.
SECTION Section 910.3.4 is hereby amended to read as follows:
910.3.4 Vent operation.
Smoke and heat vents shall be capable of being operated by approved automatic
and manual meansdesigned to operate automatically, but also have the capability of
being opened by an approved exterior manual operation. Automatic operation of smoke
and heat vents shall conform to the provisions of Sections 910.3.4.1 through 910.3.4.3.
484
HOA.103903238.11 124
SECTION Section 910.3.4.1 is hereby added to read as follows:
910.3.4.1 Gravity-operated drop-out vents.
Thermoplastic drop-out vents, designed to shrink and drop out of the vent
opening when exposed to fire, shall fully open within 5 minutes after the vent cavity is
exposed to an air temperature of 500°F (260°C).
SECTION Section 910.3.4.2 is hereby added to read as follows:
910.3.4.2 Sprinklered buildings.
Where installed in buildings provided with an approved automatic sprinkler
system, smoke and heat vents shall be designed in accordance with
Sections 910.3.2.2.1 through 910.3.2.2.2.
910.3.4.2.1 Control mode sprinkler system.
Smoke and heat vents installed in areas of buildings with a control mode
sprinkler system shall have operating elements with a higher temperature classification
than the automatic fire sprinklers in accordance with NFPA 13.
910.3.4.2.2 Early suppression fast-response (ESFR) sprinkler
system.
Smoke and heat vents installed in areas of buildings with early suppression
fast-response (ESFR) sprinklers shall be equipped with a standard-response operating
mechanism having a minimum temperature rating of the greater of either 360ºF (182ºC),
or 100ºF (56ºC) above the operating temperature of the sprinklers.
485
HOA.103903238.11 125
SECTION Section 910.3.4.3 is hereby added to read as follows:
910.3.4.3 Nonsprinklered buildings.
Where installed in buildings not provided with an approved automatic sprinkler
system, smoke and heat vents shall operate by actuation of a heat-responsive device
rated at between 100°F (38°C) and 220°F (104°C) above ambient.
Exception: Gravity-operated drop-out vents complying with Section
910.3.2.1.
SECTION Section 910.3.5 is hereby amended to read as follows:
910.3.5 Fusible link temperature ratingVent dimensions.
Where vents are installed in areas provided with automatic fire sprinklers and the
vents operate by fusible link, the fusible link shall have a temperature rating of 360°F
(182°C). The effective venting area of an individual vent shall not be less than 16
square feet (1.5 m2) with no dimension less than 4 feet (1219 mm), excluding ribs or
gutters having a total width not exceeding 6 inches (152.4 mm).
SECTION Section 910.4.3 is hereby amended to read as follows:
910.4.3 System design criteria.
The mechanical smoke removal system shall be sized to exhaust the building at
a minimum rate of two air changes per hour based on the volume of the building or
portion thereof without contents. Mechanical smoke removal systems provided for
basement-level enclosed parking garages shall be designed to provide a minimum of
six complete air changes per hour. The capacity of each exhaust fan shall not exceed
30,000 cubic feet per minute (14.2 m3/s).
486
HOA.103903238.11 126
SECTION Section 910.4.4 is hereby amended to read as follows:
910.4.4 Activation.
The mechanical smoke removal system shall be activated by manual controls
only. For basement-level enclosed parking garages, mechanical smoke removal
systems shall be automatically activated by the automatic sprinkler system or by heat
detectors having operating characteristics equivalent to those described in
Section 910.3. Individual manual controls for each fan unit shall also be provided.
SECTION Section 912.1 is hereby amended to read as follows:
912.1 Installation.
Fire department connections shall be installed in accordance with the NFPA
standard applicable to the system design and shall comply with Sections 912.2 through
912.79.
487
HOA.103903238.11 127
SECTION Section 912.2 is hereby amended to read as follows:
912.2 Location.
With respect to hydrants, driveways, buildings and landscaping, fire department
connections shall be so located that fire apparatus and hose connected to supply the
system will not obstruct access to the buildings for other fire apparatus. The location of
fire department connections shall be approved by the fire code official. More than one
fire department connection may be required.
SECTION Section 912.2.1 is hereby amended to read as follows:
912.2.1 Visible location.
Fire department connections shall be located on the street-address side of
buildings; or facing approved fire apparatus access roads,; within 150 feet (via vehicular
access) of an accessible public fire hydrant; as close to the street curb face as possible;
fully visible; and recognizable from the street, fire apparatus access road or nearest
point of fire department vehicle access; or as otherwise approved by the fire code
official.
Fire department connections shall be located a minimum of 25 feet (7620 mm)
from the structure. When this distance cannot be achieved, a minimum 2-hour
fire-resistive wall shall be provided for the structure with no openings in the wall, for 25
feet (7620 mm) in either direction from the fire department connection. The required
fire-resistive construction and lack of openings shall extend for the full height of the wall
or building as determined by the fire code official. The fire code official may allow
sufficiently protected overhead openings.
488
HOA.103903238.11 128
Fire department connections shall be located not less than 24 inches (609.6 mm)
nor more than 42 inches (1066.8 mm) above grade.
SECTION Section 912.3 is hereby amended to read as follows:
912.3 Fire hose threads and appliance.
Fire hose threads used in connection with standpipe systems shall be approved
and shall be compatible with fire department hose threads. Standpipes shall be
equipped with a listed four-way fire department connection. Systems with three or more
standpipes shall be provided with a sufficient number of inlets as required by the fire
code official. All fire department connections shall be equipped with an approved
straight-way check valve.
SECTION Section 912.4.2 is hereby amended to read as follows:
912.4.2 Clear space around connections.
A working space of not less than 36 inches (914 mm) in width, 36 inches (914
mm) in depth and 78 inches (1981 mm) in height shall be provided and maintained in
front of and to the sides of wall-mounted fire department connections and around the
circumference of free-standing fire department connections, except as otherwise
required or approved by the fire code official. The protective requirements of
Section 912.2.1 shall also be met.
SECTION Section 912.5 is hereby amended to read as follows:
912.5 Signs.
A metal sign with raised letters not less than 1 inch (25 mm) in size shall be
mounted on all fire department connections and test connections serving automatic
sprinklers, standpipes or fire pump connections. SuchIn addition to either "FDC" or
489
HOA.103903238.11 129
"TEST CONNECTION", such signs shall read: "AUTOMATIC SPRINKLERS" or
"STANDPIPES" or "TEST CONNECTION" or a combination thereof as applicable. The
sign shall indicate the street addresses of buildings that the fire department connection
serves. Where the fire department connection does not serve the entire building, a
sign(s) shall be provided indicating the portions of the building served. For a system
where the pressure required at the inlets to deliver the greatest system demand is
greater than 150 psi (1034.21 kPa), the sign shall indicate the required pumping
pressure. Signage shall require approval of the fire code official.
SECTION Section 912.7 is hereby amended to read as follows:
912.7 Inspection, testing and maintenance.
Fire department connections shall be periodically inspected, tested and
maintained in accordance with California Code of Regulations, Title 19, Division 1,
Chapter 5., and the maintenance provisions of this code. Records of inspection, testing
and maintenance shall be maintained. Provisions regarding signage, painting, hose
threads, physical protection where deemed necessary by the code official, and
maintenance of original clear space, shall be retroactive.
SECTION Section 912.8 is hereby added to read as follows:
912.8 Identification — paint color.
Fire department connections shall be maintained painted red on any exposed
surfaces subject to rust or corrosion. Coupling threads, operating mechanisms, sight
windows, components, or portions of the valve where the application of paint would
violate the listing of the valve or hinder its operation shall not be painted.
490
HOA.103903238.11 130
SECTION Section 912.9 is hereby added to read as follows:
912.9 Breakable caps or plugs.
A fire hose coupling that is part of a fire department connection shall be provided
with a protective breakable cap or plug. Missing or damaged breakable caps or plugs
shall be replaced.
SECTION Section 914.9.1 is hereby added to read as follows:
914.9.1 Spray booths.
Spray booths shall be provided with automatic fire sprinkler system protection
when the spray booth is located in a portion of a building that is protected with an
automatic fire sprinkler system.
SECTION Section 1032.4 is hereby amended to read as follows:
1032.4 Exit signs.
Except as stated in Sections 1032.4.1 through 1032.4.3, and where indicated
elsewhere as retroactive, Eexit signs shall be installed and maintained in accordance
with the building and/or fire code that was in effect at the time of construction and the
applicable provisions in Section 1104. Decorations, furnishings, equipment or adjacent
signage that impairs the visibility of exit signs, creates confusion or prevents
identification of the exit shall not be allowed.
SECTION Section 1032.4.1 is hereby added to read as follows:
1032.4.1 Elevator signage.
Elevator signage directing occupants not to use the elevator in case of fire, or
other emergency when appropriate, shall be posted in accordance with Section 604.4
and elsewhere as required by the fire code official.
491
HOA.103903238.11 131
SECTION Section 1032.4.2 is hereby added to read as follows:
1032.4.2 Emergency exiting information signs.
In hotels, motels, lodging houses, and high-rise buildings; in office buildings two
or more stories in height; in Group I, Division 1 and 2 occupancies as defined in the
California Building Code (except honor farms and conservation camps); and in other
buildings or areas determined by the fire code official, a floor plan providing emergency
procedures information shall be posted at every stairway landing, at every elevator
landing and immediately inside all public entrances to the building, and elsewhere as
required by the fire code official.
This emergency exiting information shall be printed with a minimum of 3/16-inch
(4.8 mm) high nondecorative lettering providing a sharp contrast to the background.
Content and location shall be subject to approval by the fire code official. The floor plan
and associated information shall be posted so that it describes the represented floor
level, and so that the bottom edge of such information is not located more than 4-feet
above the floor. It shall provide the following:
1.Directions to all applicable exits on that floor.
2.Directions to any refuge areas on that floor.
3.Location of fire alarm initiating stations, if required.
4.What the fire alarm, if required, sounds and looks like (audible and
visual warning devices).
5.Fire department emergency telephone number 911.
6.The prohibition of elevator use during emergencies, if any. See
Sections 1032.4.1 and 604.4.
492
HOA.103903238.11 132
7.Where special hazards exist, the fire code official shall have the
authority to require additional information pertinent to emergency
exiting and operations.
SECTION Section 1032.4.3 is hereby added to read as follows:
1032.4.3 Stairway and elevator lobby identification signs.
The fire code official shall be authorized to require stairway identification signs
and elevator lobby identification signs up to the design requirements of Sections 1023.9
through 1023.10.
SECTION Section 1103.11 is hereby added to read as follows:
1103.11 Fire department access.
Where access to or within a structure or an area is restricted because of secured
openings or where immediate access is necessary for life-saving or fire-fighting
purposes, the fire code official is authorized to require a key box to be installed in an
approved location, in accordance with Section 506. Components of required means of
access, which may include gates or similar barriers, or locks or other limited-access
devices, shall be maintained in an operative condition at all times and replaced,
repaired, or removed when defective.
SECTION Section 1203.2.3 is hereby amended to read as follows:
1203.2.3 Emergency responder communication coverage
systems.
Standby power shall be provided for in-building, two-way emergency responder
communication coverage systems as required in Section 510.4.2.3. The standby power
supply shall be capable of operating the in-building, two-way emergency responder
493
HOA.103903238.11 133
communication coverage system at 100-percent system operation capacity for a
duration of not less than 1224 hours.
SECTION Section 1203.2.5 is hereby amended to read as follows:
1203.2.5 Exhaust ventilation.
Standby power shall be provided for mechanical exhaust ventilation systems as
required in Section 1207.6.1.2.13. The system shall be capable of powering the
required load for a duration of not less than 26 hours.
SECTION Section 1203.2.7 is hereby amended to read as follows:
1203.2.7 Gas detection systems.
Emergency power shall be provided for gas detection systems where required by
Sections 1203.2.10 and 1203.2.17. Standby power shall be provided for gas detection
systems where required by Sections 916.5 and 1207.6.1.2.46.
SECTION Section 1204.4 is hereby amended to read as follows:
1204.4 Grounding.
Portable generators shall be grounded in accordance with the California
Electrical Code, or when required by the fire code official.
SECTION Section 1205.2 is hereby amended to read as follows:
1205.2 Access and pathways.
Roof access, pathways and spacing requirements shall be provided in
accordance with Sections 1205.2.1 through 1205.3.3. Pathways shall be over areas
capable of supporting fire fighters accessing the roof. Pathways shall be located in
areas with minimal obstructions, such as vent pipes, conduit or mechanical equipment.
494
HOA.103903238.11 134
Exceptions:
Regulatory note: For bathrooms and occupiable and/or habitable
portions of structures, the following list of exceptions shall not apply to
portions of roofs where windows or doors with ready access from within,
and/or where designated emergency escape and rescue openings, are set
back from the roof edge such that occupants would need to cross any
portion of the solar array or associated electrical hazard during escape or
rescue through the opening, unless determined otherwise by the fire code
official.
Considerations of the fire code official in making this determination
may include, but not be limited to, the determination of pathways serving
each opening; pathway widths of 36 inches (914 mm), up to the full width
of the opening where the extent of such pathways cannot be readily
determined or visibly indicated; the ability of occupants and fire fighters to
recognize or infer those pathways or their extent; the ability for occupants
and fire fighters to readily identify, locate, and avoid electrified
components therein; the ability of fire fighters to assess the structural
integrity of the applicable roof portion(s) without exposing hazards to
which occupants would then be exposed during travel across the
pathway(s); and the availability, extent, and integrity of other egress,
escape, and rescue options and fire protection measures.
495
HOA.103903238.11 135
1. Detached, nonhabitable Group U structures including, but not
limited to, detached garages serving Group R-3 buildings, parking
shade structures, carports, solar trellises and similar structures.
2. Roof access, pathways and spacing requirements need not be
provided where the fire code official has determined that rooftop
operations will not be employed.
3. Building-integrated photovoltaic (BIPV) systems where the BIPV
systems are approved, integrated into the finished roof surface and
are listed in accordance with a national test standard developed to
address Section 690.12(B)(2) of the California Electrical Code. The
removal or cutting away of portions of the BIPV system during fire-
fighting operations shall not expose a fire fighter to electrical shock
hazards.
SECTION Section 1205.4 is hereby amended to read as follows:
1205.4 Buildings with rapid shutdown.
Buildings with rapid shutdown solar photovoltaic systems shall have permanent
labels in accordance with Sections 1205.4.1 through 1205.4.3, and Section 509, et seq.
SECTION Section 1205.5.1 is hereby amended to read as follows:
1205.5.1 Vegetation control.
A clear, brush-free area of 10 feet (3048 mm) shall be required around the
perimeter of thenew and existing ground-mounted photovoltaic arrays. A
noncombustible base of gravel or a maintained vegetative surface or a noncombustible
496
HOA.103903238.11 136
base, approved by the fire code official, shall be installed and maintained under the
photovoltaic arrays and associated electrical equipment installations.
SECTION Section 1206.10 is hereby amended to read as follows:
1206.10 Manual shutoff.
Access to a manual shutoff valve shall be provided for the fuel piping withi n 6
feet (1829 mm) of any fuel storage tank serving the fuel cell and within 6 feet (1829 mm)
of the power system. If the fuel tank and the stationary fuel cell power system are less
than 12 feet (3658 mm) apart, a single shutoff valve shall be permitted. If the stationary
fuel cell power system is located indoors, the shutoff valve shall be located outside of
the room in which the system is installed, unless otherwise approvedrequired by the fire
code official. Also see Section 509, et seq.
SECTION Section 1207.1.2 is hereby amended to read as follows:
1207.1.2 Permits.
Permits shall be obtained ESS as follows:
1. Construction permits shall be obtained for stationary ESS
installations with a capacity of more than 3 kWh; and for mobile
ESS charging and storage installations with a capacity of more than
3 kWh, covered by Section 1207.10.1. Permits shall be obtained in
accordance with Section 105.6.5.
2. Operational permits shall be obtained for stationary ESS
installations with a capacity of more than 3 kWh; and for mobile
ESS deployment operations with a capacity of more than 3 kWh,
497
HOA.103903238.11 137
covered by Section 1207.10.3. Permits shall be obtained in
accordance with Section 105.5.14.
SECTION Section 1207.1.3 is hereby amended to read as follows:
1207.1.3 Construction documents.
The following information shall be provided with the permit application:
1. Location and layout diagram of the room or area in which the ESS
is to be installed.
2. Details on the hourly fire-resistance ratings of assemblies enclosing
the ESS.
3. The quantities and types of ESS to be installed.
4. Manufacturer’s specifications, ratings and listings of each ESS.
5. Description of energy (battery) management systems and their
operation.
6. Location and content of required signage.
7. Details on fire suppression, smoke or fire detection, thermal
management, ventilation, exhaust and deflagration venting
systems, if provided.
8. Support arrangement associated with the installation, including any
required seismic restraint.
9. A commissioning plan complying with Section 1207.2.1.
10. A decommissioning plan complying with Section 1207.2.3.
11. Other information required by the code official in accordance with
Section 106.
498
HOA.103903238.11 138
SECTION Section 1207.1.4 is hereby amended to read as follows:
1207.1.4 Hazard mitigation analysis.
A failure modes and effects analysis (FMEA) or other approved hazard mitigation
analysis shall be provided in accordance with Section 104.8.2 under any of the following
conditions:
1. Where ESS technologies not specifically identified in Table 1207.1
are provided.
2. More than one ESS technology is provided in a room or enclosed
area where there is a potential for adverse interaction between
technologies.
3.Where allowed as a basis for increasing maximum allowable
quantities. See Section 1207.5.2.
4.When required by the fire code official.
SECTION Section 1207.1.4.1 is hereby amended to read as follows:
1207.1.4.1 Fault condition.
The hazard mitigation analysis shall evaluate the consequences of the following
failure modes. Only single failure modes shall be considered.
1. A thermal runaway condition in a single ESS rack, module or unit.
2. Failure of any battery (energy) management system.
3. Failure of any required ventilation or exhaust system.
4. Voltage surges on the primary electric supply.
5.Short circuits on the load side of the ESS.
499
HOA.103903238.11 139
6. Failure of the smoke detection, fire detection, fire suppression or
gas detection system.
7. Required spill neutralization not being provided or failure of a
required secondary containment system.
8. Failure of temperature control.
SECTION Section 1207.1.4.2 is hereby amended to read as follows:
1207.1.4.2 Analysis approval.
The fire code official is authorized to approve the hazardous mitigation analysis
provided that the consequences of the hazard mitigation analysis demonstrate:
1. Fires will be contained within unoccupied ESS rooms or areas for
the minimum duration of the fire-resistance-rated separations
identified in Section 1207.7.4.
2. Fires in occupied work centers will be detected in time to allow
occupants within the room or area to safely evacuate.
3. Toxic and highly toxic gases released during fires will not reach
concentrations in excess of the IDLH level in the building or
adjacent means of egress routes during the time deemed
necessary to evacuate occupants from any affected area.
4. Flammable gases released from ESS during charging, discharging
and normal operation will not exceed 2510 percent of their lower
flammability limit (LFL).
5. Flammable gases released from ESS during fire, overcharging and
other abnormal conditions will be controlled through the use of
500
HOA.103903238.11 140
ventilation of the gases, preventing accumulation, or by deflagration
venting.
SECTION Section 1207.1.5 is hereby amended to read as follows:
1207.1.5 Large-scale fire test.
Where required elsewhere in Section 1207, large-scale fire testing shall be
conducted on a representative ESS in accordance with UL 9540A. The testing shall be
conducted or witnessed and reported by an approved testing laboratory. The test report
shall include demonstration and show that a fire involving one ESS will not propagate to
an adjacent ESS, and where an ESS is installed within buildings, enclosed areas and
walk-in units, that a fire involving one ESS will be contained within the room, enclosed
area or walk-in unit for a duration equal to the fire-resistance rating of the room
separation specified in Section 1207.7.4. The test report shall be provided to the fire
code officialdepartment for review and approval in accordance with Section 104.8.2. In
making the determination regarding approval, the fire department may also require
other considerations be provided. Such considerations may include, but are not limited
to, those regarding the impact(s) of gases generated during abnormal conditions; the
ability of first responders to respond to and mitigate incidents involving the ESS, with a
reasonable level of safety; and the provision of adequate safeguards to prevent well-
intended but detrimental interaction with ESS.
SECTION Section 1207.1.7 is hereby added to read as follows:
1207.1.7 Forensic analysis.
The fire code official may also require a forensic analysis of the cause of failure
by an independent laboratory approved by the fire code official in accordance with
501
HOA.103903238.11 141
Section 104.11. A written report generated through the forensic analysis will be
forwarded to the fire code official for approval and record keeping.
SECTION Section 1207.3.4 is hereby amended to read as follows:
1207.3.4 Energy storage management system.
Where required by the ESS listing, an approved energy storage management
system that monitors and balances cell voltages, currents and temperatures within the
manufacturer’s specifications shall be provided. The system shall disconnect electrical
connections to the ESS or otherwise place it in a safe condition if potentially hazardous
temperatures or other conditions such as short circuits, over voltage or under voltage
are detected. The system shall transmit a trouble signal to an approved location and to
an approved annunciator panel if potentially hazardous temperatures or other conditions
such as short circuits, over voltage or under voltage are detected.
SECTION Section 1207.3.4.1 is hereby added to read as follows:
1207.3.4.1 Annunciator panel.
The approved annunciator panel shall visibly indicate any hazardous temperature
and/or other conditions. The location of the annunciator panel shall be approved by the
fire code official.
SECTION Section 1207.3.5 is hereby amended to read as follows:
1207.3.5 Enclosures.
Enclosures of ESS shall be of noncombustible construction. Enclosures are as
defined and/or determined by the fire code official.
502
HOA.103903238.11 142
SECTION Section 1207.4 is hereby amended to read as follows:
1207.4 General installations requirements.
Stationary and mobile ESS shall comply with the requirements of Sections
1207.4.1 through 1207.4.1213.
SECTION Section 1207.4.1 is hereby amended to read as follows:
1207.4.1 Electrical disconnects and associated signage.
Where the ESS disconnecting means is not within sight of the main electrical
service disconnecting means, placards or directories shall be installed at the location of
the main electrical service disconnecting means indicating the location of stationary
storage battery system disconnecting meansIn addition to any disconnects and signage
required in accordance with the California Electrical Code, disconnects, signage, and
access shall be provided in accordance with Section 509, et seq.
Exception: Electrical disconnects for lead-acid and nickel-cadmium battery
systems at facilities under the exclusive control of communications utilities
and operating at less than 50 VAC and 60 VDC shall be permitted to have
electrical disconnects signage in accordance with NFPA 76.
SECTION Section 1207.4.2 is hereby amended to read as follows:
1207.4.2 Working clearances.
Access and working space shall be provided and maintained about all electrical
equipment to permit ready and safe operation and maintenance of such equipment in
accordance with the California Electrical Code and, the manufacturer’s instructions, and
Section 603.
503
HOA.103903238.11 143
SECTION Section 1207.4.6 is hereby amended to read as follows:
1207.4.6 Combustible storage.
Combustible materials shall not be stored in ESS rooms, cabinets, enclosures,
areas or walk-in units. Combustible materials in occupied work centers covered by
Section 1207.4.10 shall be stored at least 3 feet (914 mm) from ESS cabinets.
SECTION Section 1207.4.7 is hereby amended to read as follows:
1207.4.7 Toxic and highly toxic gases.
ESS that have the potential to release toxic and highly toxic gas during charging,
discharging and normal use conditions shall be provided with a hazardous exhaust
system in accordance with Chapter 5 of the California Mechanical Code, and shall
comply with Chapter 60 of this code where applicable.
SECTION Section 1207.4.8 is hereby amended to read as follows:
1207.4.8 Signage.
Approved permanent engraved signs shall be provided on or adjacent to all entry
doors for ESS rooms or areas and on enclosures of ESS cabinets and walk-in units
located outdoors, on rooftops or in open parking garages. Signs designed to meet both
the requirements of this section and the California Electrical Code shall be permitted.
Signage means, attachment, number and location shall also be subject to approval by
the fire code official, and shall be retroactive where required by the fire code official.
The signage shall include the following or equivalent:
1. "ENERGY STORAGE SYSTEM," "BATTERY STORAGE
SYSTEM," "CAPACITOR ENERGY STORAGE SYSTEM" or the
appropriate equivalent.
504
HOA.103903238.11 144
2. The identification of the electrochemical, or other, ESS technology
present., e.g., "Lead-Acid Batteries", "Nickel-Cadmium Batteries",
"[specific type of lithium battery technology] Batteries", "[specific
type of sodium battery technology] Batteries", "[specific type of flow
battery technology] Batteries", flywheel ESS, etc.
3. "ENERGIZED ELECTRICAL CIRCUITS."
4. Where water-reactive electrochemical ESS are present, the
signage shall include "APPLY NO WATER."
5. Current contact information, including phone number, for personnel
authorized to service the equipment and for fire mitigation
personnel required by Section 1207.1.6.1.
Exception: Existing electrochemical ESS shall be permitted to include the
signage required at the time they were installed.
SECTION Section 1207.4.13 is hereby added to read as follows:
1207.4.13 Emergency energy release.
A plan and means must be provided to safely release stored energy from the
batteries in an emergency situation, including where an ESS has been damaged by a
fire or other event.
SECTION Section 1207.5.2 is hereby amended to read as follows:
1207.5.2 Maximum allowable quantities.
Fire areas within rooms, areas and walk-in units containing electrochemical ESS
shall not exceed the maximum allowable quantities in Table 1207.5.
505
HOA.103903238.11 145
Exceptions:
1. Where approved by the fire code official, rooms, areas and
walk-in units containing electrochemical ESS that exceed the
amounts in Table 1207.5 shall be permitted based on a
hazardous mitigation analysis in accordance with Section
1207.1.4 and large-scale fire testing complying with Section
1207.1.5.
2. Lead-acid and nickel-cadmium battery systems installed in
facilities under the exclusive control of communications
utilities, and operating at less than 50 VAC and 60 VDC in
accordance with NFPA 76.
3. Dedicated-use buildings in compliance with Section
1207.7.1.
SECTION Section 1207.5.4 is hereby amended to read as follows:
1207.5.4 Fire detection.
An approved automatic smoke detection system or radiant energy-sensing fire
detection system complying with Section 907.2 shall be installed in rooms, indoor areas
and walk-in units containing electrochemical ESS. An approved radiant energy-sensing
fire detection system shall be installed to protect open parking garage and rooftop
installations. Alarm and supervisory signals from detection systems shall be transmitted
to a central station, proprietary or remote station service in accordance with NFPA 72,
or where approved to a constantly attended locationand to an approved annunciator
panel.
506
HOA.103903238.11 146
SECTION Section 1207.5.7 is hereby amended to read as follows:
1207.5.7 Vegetation control.
Areas within 10 feet (3048 mm) on each side of new and existing outdoor ESS
shall be cleared of combustible vegetation and other combustible growth. Single
specimens of trees, shrubbery or cultivated ground cover such as green grass, ivy,
succulents or similar plants used as ground cover shall be permitted to be exempt
provided that they do not form a means of readily transmitting fire.
SECTION Section 1207.5.8 is hereby amended to read as follows:
1207.5.8 Means of egress separation.
ESS located outdoors, on rooftops, and in open parking garages shall be
separated from any means of egress as required by the fire code official to ensure safe
egress under fire conditions, but in no case less than 10 feet (3048 mm).
Exception: The fire code official is authorized to approve a reduced
separation distance if large-scale fire testing complying with Section
1207.1.5 is provided that shows that a fire involving the ESS will not
adversely impact occupant egress.
507
HOA.103903238.11 147
SECTION Table 1207.6 is hereby amended to read as follows:
TABLE 1207.6
ELECTROCHEMICAL ESS TECHNOLOGY-SPECIFIC REQUIREMENTS
COMPLIANCE REQUIRED
b BATTERY TECHNOLOGY
OTHER ESS AND
BATTERY
TECHNOLOGIES
b
CAPACITOR
ESSb
Feature Section Lead-
acid
Ni-
Cd
and
Ni-
MH
Lithium-
ion Flow
Exhaust
ventilation 1207.6.1 Yes Yes NoYes Yes Yes Yes
Explosion
control 1207.6.3 Yes a Yes a Yes Nof Yes Yes
Safety caps 1207.6.4 Yes Yes No Nof Yes Yes
Spill control and
neutralization 1207.6.2 Yes c Yes c Nof Yes Yes Yes
Thermal
runaway 1207.6.5 Yesd Yes Yese Nof Yese Yes
a. Not required for lead-acid and nickel-cadmium batteries at facilities under the
exclusive control of communications utilities that comply with NFPA 76 and
operate at less than 50 VAC and 60 VDC.
b. Protection shall be provided unless documentation acceptable to the fire code
official is provided in accordance with Section 104.8.2 that provides justification
why the protection is not necessary based on the technology used.
c. Applicable to vented-type (i.e., flooded) nickel-cadmium and lead-acid batteries.
d. Not required for vented-type (i.e., flooded) lead-acid batteries.
e. The thermal runaway protection is permitted to be part of a battery management
system that has been evaluated with the battery as part of the evaluation to UL
1973.
508
HOA.103903238.11 148
f. May be required by the fire code official where determined necessary based
upon hazards inherent to the chemistry and/or technology involved.
SECTION Section 1207.6.1.1 is hereby amended to read as follows:
1207.6.1.1 Ventilation based on LFL.
The exhaust ventilation system shall be designed to limit the maximum
concentration of flammable gas to 2510 percent of the lower flammable limit (LFL) of the
total volume of the room, area or walk-in unit during the worst-case event of
simultaneous charging of batteries at the maximum charge rate, in accordance with
nationally recognized standards.
SECTION Section 1207.6.1.2 is hereby amended to read as follows:
1207.6.1.2 Ventilation based on exhaust rate.
Mechanical exhaust ventilation shall be provided at a rate of not less than 1
ft3/min/ft2 (5.1 L/sec/m2) of floor area of the room, area or walk-in unit. The ventilation
shall be either continuous or shall be activated by a gas detection system in accordance
with Section 1207.6.1.2.46.
SECTION Section 1207.6.1.2.1 is hereby amended to read as follows:
1207.6.1.2.13 Standby power.
Mechanical exhaust ventilation shall be provided with a minimum of 26 hours of
standby power in accordance with Section 1203.2.5, and shall be provided by a source
other than the ESS served by the ventilation.
509
HOA.103903238.11 149
SECTION Section 1207.6.1.2.2 is hereby amended to read as follows:
1207.6.1.2.24 Installation instructions and controls.
Required mechanical exhaust ventilation systems shall be installed in
accordance with the manufacturer’s installation instructions and the California
Mechanical Code. Clearly identified separate switches shall be provided both to
activate the mechanical exhaust ventilation system, and to shut off the ventilation
system.
SECTION Section 1207.6.1.2.3 is hereby amended to read as follows:
1207.6.1.2.35 Supervision.
Required mechanical exhaust ventilation systems shall be supervised by an
approved central station, proprietary or remote station service in accordance with NFPA
72, orand shall initiate an audible and visible signal at an approved constantly attended
on-site location.
SECTION Section 1207.6.1.2.4 is hereby amended to read as follows:
1207.6.1.2.46 Gas detection system.
Where required by Section 1207.6.1.2, and where necessary for compliance with
other requirements of Section 1207, rooms, areas and walk-in units containing ESS
shall be protected by an approved continuous gas detection system that complies with
Section 916 and with the following:
1. The gas detection system shall be designed to activate the
mechanical ventilation system when the level of flammable gas in
the room, area or walk-in unit exceeds 2510 percent of the LFL,
510
HOA.103903238.11 150
and/or, where determined necessary by the fire code official, when
the level of toxic or highly toxic gas exceeds one-half of the IDLH.
2. The mechanical ventilation system shall remain on until the
flammable gas detected is less than 2510 percent of the LFL,
and/or, where determined necessary by the fire code official, when
the level of toxic or highly toxic gas detected is less than one-half of
the IDLH.
3. The gas detection system shall be provided with a minimum of 26
hours of standby power in accordance with Section 1203.2.5.
4.Failure of the gas detection system shall annunciate a trouble
signal at an approved central station, proprietary or remote station
service in accordance with NFPA 72, orand shall initiate an audible
and visible trouble signal at an approved constantly attended on-
site location.
5. Activation of the gas detection system shall result in all the
following:
5.1. Initiation of distinct audible and visible alarms in the battery
storage room.
5.2. Transmission of an alarm to an approved location.
5.3. De-energizing of the battery charger.
511
HOA.103903238.11 151
SECTION Section 1207.6.3 is hereby amended to read as follows:
1207.6.3 Explosion control.
Where required by Table 1207.6 or elsewhere in this code, explosion control
complying with Section 911 shall be provided for rooms, areas or walk-in units
containing electrochemical ESS technologies.
Exceptions:
1. Where approved, explosion control is permitted to be waived
by the fire code official based on large-scale fire testing
complying with Section 1207.1.5 that demonstrates that
flammable gases are not liberated from electrochemical ESS
cells or modules where tested in accordance with UL 9540A.
2. Where approved, explosion control is permitted to be waived
by the fire code official based on documentation provided in
accordance with Section 104.7104.8 that demonstrates that
the electrochemical ESS technology to be used does not
have the potential to release flammable gas concentrations
in excess of 25 percent of the LFL anywhere in the room,
area, walk-in unit or structure under thermal runaway or
other fault conditions.
512
HOA.103903238.11 152
SECTION Table 1207.7 is hereby amended to read as follows:
TABLE 1207.7
INDOOR ESS INSTALLATIONS
COMPLIANCE REQUIRED DEDICATED-
USE
BUILDINGSa
NONDEDICATED-
USE BUILDINGSbFeatureSection
Dwelling units and sleeping
units 1207.7.3 NA Yes
Elevation 1207.5.3 Yes Yes
Fire suppression systems 1207.5.5 Yesc Yes
Fire-resistance-rated
separations 1207.7.4 Yes Yes
General installation
requirements 1207.4 Yes Yes
Maximum allowable quantities 1207.5.2 No Yes
Size and separation 1207.5.1 No Yes
Smoke and automatic fire
detectione 1207.5.4 Yesd Yes
Technology-specific protection 1207.6 Yes Yes
FEATURE SECTION COMPLIANCE
REQUIRED
Prohibited ESS installation locations 1207.7.3 Yes
Elevation 1207.5.3 Yes
Fire suppression systems 1207.5.5 Yes
Fire-resistance-rated separations 1207.7.4 Yes
General installation requirements 1207.4 Yes
Maximum allowable quantities 1207.5.2 Yes
Size and separation 1207.5.1 Yes
Smoke and automatic fire detectione 1207.5.4 Yes
Technology-specific protection 1207.6 Yes
NA = Not Allowed.
513
HOA.103903238.11 153
a. See Section 1207.7.1.Reserved.
b. See Section 1207.7.2.Reserved.
c. Where approved by the fire code official, fire suppression systems are permitted
to be omitted in dedicated-use buildings located more than 100 feet (30.5 m)
from buildings, lot lines, public ways, stored combustible materials, hazardous
materials, high-piled stock and other exposure hazards.Reserved.
d. Where approved by the fire code official, alarm signals are not required to be
transmitted to a central station, proprietary or remote station service in
accordance with NFPA 72, or a constantly attended location where local fire
alarm annunciation is provided and trained personnel are always
present.Reserved.
e. Lead-acid and nickel-cadmium battery systems installed in Group U buildings
and structures less than 1,500 square feet (139 m2) under the exclusive control
of communications utilities, and operating at less than 50 VAC and 60 VDC in
accordance with NFPA 76, are not required to have an approved automatic
smoke or fire detection system.
SECTION Section 1207.7.1 is hereby amended to read as follows:
1207.7.1 Dedicated-use buildingsReserved.
For the purpose of Table 1207.7, dedicated-use ESS buildings shall be classified
as Group F-1 occupancies and comply with all the following:
1. The building shall only be used for ESS, electrical energy
generation and other electrical grid-related operations.
514
HOA.103903238.11 154
2. Occupants in the rooms and areas containing ESS are limited to
personnel that operate, maintain, service, test and repair the ESS
and other energy systems.
3. No other occupancy types shall be permitted in the building.
4. Administrative and support personnel shall be permitted in areas
within the buildings that do not contain ESS, provided that:
4.1. The areas do not occupy more than 10 percent of the
building area of the story in which they are located.
4.2. A means of egress is provided from the incidental use areas
to the public way that does not require occupants to traverse
through areas containing ESS or other energy system
equipment.
SECTION Section 1207.7.2 is hereby amended to read as follows:
1207.7.2 Nondedicated-use buildingsReserved.
For the purpose of Table 1207.7, nondedicated-use buildings include all buildings
that contain ESS and do not comply with Section 1207.7.1 dedicated-use building
requirements.
SECTION Section 1207.7.3 is hereby amended to read as follows:
1207.7.3 Dwelling units and sleeping unitsProhibited ESS
installation locations.
ESS shall not be installed in sleeping units or in habitable spaces of dwelling
unitsany of the following locations.:
1. Sleeping units.
515
HOA.103903238.11 155
2. Dwelling units.
3. Electrical rooms.
Exception: In nondedicated electrical rooms or areas,
where determined by the fire code official.
4. Rooms and areas housing the fire alarm control panel, fire pump,
emergency responder communications coverage control
equipment, and other fire protection and life safety system
equipment as determined by the fire code official.
SECTION Section 1207.7.4 is hereby amended to read as follows:
1207.7.4 Fire-resistance-rated separations.
Rooms and areas containing ESS shall include fire-resistance-rated separations
as follows:
1. In dedicated-use buildings, rooms and areas containing ESS shall
be separated from areas in which administrative and support
personnel are located.
2. In nondedicated-use buildings, rooms and areas containing ESS
shall be separated from other areas in the building by fire-
resistance-rated separations.
Separation shall be provided by 2-hour fire barriers constructed in accordance
with Section 707 of the California Building Code and 2-hour horizontal assemblies
constructed in accordance with Section 711 of the California Building Code, as
appropriate.
516
HOA.103903238.11 156
SECTION Section 1207.8.3 is hereby amended to read as follows:
1207.8.3 Clearance to exposures.
ESS located outdoors shall be separated byinstalled and maintained a minimum
of 10 feet (3048 mm) from the following exposures:
1. Lot lines.
2. Public ways.
3.Buildings.
4. Stored combustible materials.
5. Hazardous materials.
6. High-piled stock.
7. Other exposure hazards.
8. Vegetation, per Table 1207.8 and Section 1207.5.7.
Exceptions:
1. Where approved by the fire code official, Cclearances are permitted
to be reduced to 3 feet (914 mm) where a 1-hour free-standing fire
barrier suitable for exterior use and extending 5 feet (1524 mm)
above and 5 feet (1524 mm) beyond the physical boundary of the
ESS installation is provided to protect the exposure.
2. Where approved by the fire code official, Cclearances to buildings
are permitted to be reduced to 3 feet (914 mm) where
noncombustible exterior walls with no openings or combustible
overhangs are provided on the wall adjacent to the ESS and the
fire-resistance rating of the exterior wall is a minimum of 2 hours.
517
HOA.103903238.11 157
3. Where approved by the fire code official, Cclearances to buildings
are permitted to be reduced to 3 feet (914 mm) where a
weatherproof enclosure constructed of noncombustible materials is
provided over the ESS, and it has been demonstrated that a fire
within the enclosure will not ignite combustible materials outside the
enclosure based on large-scale fire testing complying with Section
1207.1.5.
SECTION Section 1207.8.4 is hereby amended to read as follows:
1207.8.4 Exterior wall installations.
ESS shall be permitted to be installed outdoors on exterior walls of buildings
when all of the following conditions are met:
1. The maximum energy capacity of individual ESS units shall not
exceed 20 kWh.
2. The ESS shall comply with applicable requirements in Section
1207.
3. The ESS shall be installed in accordance with the manufacturer’s
instructions and their listing.
4. Individual ESS units shall be separated from each other by at least
3 feet (914 mm).
5. The ESS shall be separated from doors, windows, operable
openings into buildings or HVAC inlets by at leastinstalled and
maintained a minimum of 5 feet (1524 mm) from all doors, windows
518
HOA.103903238.11 158
operable openings, HVAC inlets, and other penetrations directly or
indirectly into habitable or occupiable spaces, or bathrooms.
6. The ESS shall be installed and maintained a minimum of 10 feet
(3048 mm) from all of the following:
6.1. Lot lines.
6.2. Public ways.
6.3. Other buildings.
6.4. Stored combustible materials.
6.5. Hazardous materials.
6.6. High-piled stock.
6.7. Other exposure hazards.
6.7. Vegetation, as specified in Section 1207.5.7.
Exception: Where approved, smaller separation distances in Items 4 and
5 shall be permitted based on large-scale fire testing complying with
Section 1207.1.5.where such distances are documented and approved to
be adequate for the ESS model(s) in question based on large-scale fire
testing, in accordance with Section 1207.1.5.
SECTION Section 1207.9.4 is hereby amended to read as follows:
1207.9.4 Fire suppression systems.
ESS located in walk-in units on rooftops or in walk-in units in open parking
garages shall be provided with automatic fire suppression systems within the ESS
enclosure in accordance with Section 1207.5.5. Areas containing ESS other than walk-
519
HOA.103903238.11 159
in units in open parking structures on levels not open above to the sky shall be provided
with an automatic fire suppression system complying with Section 1207.5.5.
Exception: A fire suppression system is not required in open parking
garages if large-scale fire testing complying with Section 1207.1.5 is
providedapproved and includes evidence that shows that a fire will not
impact the exposures in Section 1207.9.3.
SECTION Section 1207.9.5 is hereby amended to read as follows:
1207.9.5 Rooftop installations.
ESS and associated equipment that are located on rooftops and not enclosed by
building construction shall comply with the following:
1. Stairway access to the roof for emergency response and fire
department personnel shall be provided either through a bulkhead
from the interior of the building or a stairway on the exterior of the
building.
2. Service walkways at least 5 feet (1524 mm) in width shall be
provided for service and emergency personnel from the point of
access to the roof to the system.
3. ESS and associated equipment shall be located from the edge of
the roof a distance equal to at least the height of the system,
equipment or component but not less than 510 feet (15243048
mm).
4. The roofing materials under and within 5 feet (1524 mm)
horizontally from an ESS or associated equipment shall be
520
HOA.103903238.11 160
noncombustible or shall have a Class A rating when tested in
accordance with ASTM E108 or UL 790, and shall in all cases
require the approval of the fire code official based upon large-scale
fire testing approved in accordance with Section 1207.1.5.
5. A Class I standpipe outlet shall be installed at an approved location
on the roof level of the building or in the stairway bulkhead at the
top level.
6. The ESS shall be the minimum of 10 feet (3048 mm)25 feet (7620
mm) from all stairwells, egress pathways, and the fire service
access point(s) on the rooftop. ESS shall not be installed within 25
feet (7620 mm) of any rooftop access bulkhead/hatch from the
interior of the building.
SECTION Table 1207.10 is hereby amended to read as follows:
TABLE 1207.10
MOBILE ENERGY STORAGE SYSTEMS (ESS)
COMPLIANCE REQUIRED DEPLOYMENT a
Feature Section
All ESS installations 1207.4 Yesb
Fire suppression systems 1207.5.5 Yesc
Maximum allowable quantities 1207.5.2 Yes
Maximum enclosure size 1207.5.6 Yes
Means of egress separation 1207.5.8 Yes
Size and separation 1207.5.1 Yesd
Smoke and automatic fire detection 1207.5.4 Yese
Technology-specific protection 1207.6 Yes
Vegetation control 1207.5.7 Yes
521
HOA.103903238.11 161
a. See Section 1207.10.2.
b. Mobile operations on wheeled vehicles and trailers shall not be required to
comply with Section 1207.4.4 seismic and structural load requirements.
c. Fire suppression system connections to the water supply shall be permitted to
use approved temporary connections.
d. In walk-in units, spacing is not required between ESS units andare permitted to
be installed on the walls of the enclosure, but separation is required between
individual groups of ESS units described in Section 1207.5.1.
e. Where authorized by the fire code official, Aalarm signals are not required to be
transmitted to an approved location forwhen the mobile ESS deployed 30 days or
less is in transit to a deployment location. Alarm signal transmission shall be
required upon the mobile ESS going operational.
SECTION Section 1207.10.6 is hereby amended to read as follows:
1207.10.6 Charging and storage.
Installations where mobile ESS are charged and stored shall be treated as
permanent ESS indoor or outdoor installations, and shall comply with the following
sections, as applicable:
1. Indoor charging and storage shall comply with Section 1207.7.
2. Outdoor charging and storage shall comply with Section 1207.8.
3. If permitted by the fire code official to occur, Ccharging and storage
on rooftops and in open parking garages shall comply with Section
1207.9.
522
HOA.103903238.11 162
Exceptions:
1. Electrical connections shall be permitted to be made using
temporary wiring complying with the manufacturer’s
instructions, the UL 9540 listing and the California Electrical
Code.
2. Fire suppression system connections to the water supply
shall be permitted to use approved temporary connections.
SECTION Section 1207.10.7.2 is hereby amended to read as follows:
1207.10.7.2 Restricted locations.
Deployed mobile ESS operations shall not be located indoors, in covered parking
garages, on rooftops, below grade or under building overhangs.
SECTION Section 1207.10.7.3 is hereby amended to read as follows:
1207.10.7.3 Clearance to exposures.
Deployed mobile ESS shall be separated by a minimum of 10 feet (3048 mm)
from the following exposures:
1. Public ways.
2. Buildings.
3. Stored combustible materials.
4. Hazardous materials.
5. High-piled storage.
6. Other exposure hazards.
523
HOA.103903238.11 163
7. Lot lines, unless approved by the fire code official based upon
notarized permission obtained by the applicant from the owner(s)
and/or occupant(s) of the affected parcel(s).
Deployed mobile ESS shall be separated by a minimum of 50 feet (15 240 mm)
from public seating areas and from tents, canopies and membrane structures with an
occupant load of 30 or more.
SECTION Section 1207.10.7.6 is hereby amended to read as follows:
1207.10.7.6 Fencing and impact protection.
An approved fence with a locked gate or other approved barrier shall be provided
to keep the general public at least 5 feet (1524 mm) from the outer enclosure of a
deployed mobile ESS.
The fire code official shall be authorized to require approved means of impact
protection where deemed necessary.
SECTION Section 1207.11 is hereby amended to read as follows:
1207.11 ESS in Group R-3 and R-4 occupancies.
ESS in Group R-3 and R-4 occupancies shall be installed and maintained in
accordance with Sections 1207.11.1 through 1207.11.9. The temporary use of an
owner or occupant’s electric-powered vehicle as an ESS shall be in accordance with
Section 1207.11.10.
Permits shall be required in accordance with Section 1207.1.2.
524
HOA.103903238.11 164
SECTION Section 1207.11.1 is hereby amended to read as follows:
1207.11.1 Equipment listings.
ESS shall be listed and labeled in accordance with UL 9540. ESS listed and
labeled solely for utility or commercial use shall not be used for residential applications.
Exception: Where approved, repurposed unlisted battery systems from
electric vehicles are allowed to be installed outdoors or in detached
dedicated cabinets located not less than 5 feet (1524 mm) from exterior
walls, property lines and public ways.
SECTION Section 1207.11.2.1 is hereby amended to read as follows:
1207.11.2.1 Spacing.
Individual units shall be separated from each other by at least 3 feet (914 mm) of
spacing unless smaller separation distances are documented and approved to be
adequate for the ESS model(s) in question based on large-scale fire testing complying,
in accordance with Section 1207.1.5.
SECTION Section 1207.11.3 is hereby amended to read as follows:
1207.11.3 Location.
ESS shall be installed only in the following locations:
1. DInside detached garages and detached accessory structures.
2. AInside attached garages when separated from the dwelling unit
living space and sleeping units in accordance with Section R302.6.
3. Outdoors or on the exteriorouter side of the exterior building walls
located not less than 3 feet (914 mm) from doors and windows
525
HOA.103903238.11 165
directly entering the dwelling unitin accordance with Section
1207.11.3.1.
4. Enclosed utility closets, basements, storage or utility spaces within
dwelling units with finished or noncombustible walls and ceilings.
Walls and ceilings of unfinished wood-framed construction shall be
provided with not less than 5/8-inch (15.9 mm) Type X gypsum
wallboard.
ESS shall not be installed in sleeping rooms, closets, sinside any of the following
locations:
1.Dwelling units, including accessory dwelling units (ADU’s).
2.Sleeping units.
3.Spaces opening directly into sleeping rooms or in habitable spaces
of dwelling units.
4.Closets.
5.Bathrooms.
6.Basements.
7.Accessory structures that are not garages.
8.Vaults.
SECTION Section 1207.11.3.1 is hereby added to read as follows:
1207.11.3.1 Outdoors or on outer side of exterior building walls.
ESS shall be permitted to be installed outdoors, or on the outer side of exterior
building walls, when all of the following conditions are met, in addition to those
otherwise required by Section 1207.11:
526
HOA.103903238.11 166
1.The ESS shall be installed and maintained a minimum of 5 feet
(1524 mm) from all of the following:
1.1.Lot lines.
1.2. Public ways.
1.3.Other buildings.
1.4.Stored combustible materials.
1.5. Hazardous materials.
2. The ESS shall be installed and maintained a minimum of 10 feet
(3048 mm) from vegetation, as specified in Section 1207.5.7.
3. The ESS shall be installed and maintained a minimum of 3 feet
(914 mm) from all doors, windows, operable openings, HVAC inlets
and other penetrations directly or indirectly into habitable or
occupiable spaces, or bathrooms.
Exception: The fire code official shall have the authority to authorize
smaller separation distances where such distances are documented and
approved to be adequate for the ESS model(s) in question based on
large-scale fire testing, in accordance with Section 1207.1.5.
SECTION Section 1207.11.4 is hereby amended to read as follows:
1207.11.4 Energy ratings.
Individual ESS units shall have a maximum rating of 20 kWh. The aggregate
rating per Group R-3/R-4 occupancy structure shall not exceed:
1. 40 kWh within utility closets and storage or utility spaces.
527
HOA.103903238.11 167
21. 80 kWh in attached or detached garages and detached accessory
structures.
32.80 kWh on outer side of exterior building walls.
43. 80 kWh outdoors on the ground.
Energy capacity is the total energy capable of being stored (nameplate rating),
not the usable energy rating.
ESS installations exceeding the permitted individual or aggregate ratings shall be
installed in accordance with Sections 1207.1 through 1207.9 of the California Fire Code.
SECTION Section 1207.11.5.1 is hereby added to read as follows:
1207.11.5.1 Electrical disconnects, signage, and working
clearances.
In addition to any disconnects and signage required in accordance with the
California Electrical Code, disconnects, signage, and access shall be provided in
accordance with Section 509, et seq.
Access and working space shall be provided and maintained about all electrical
equipment to permit ready and safe operation and maintenance of such equipment in
accordance with the California Electrical Code, the manufacturer’s instructions, and
Section 603.
SECTION Section 1207.11.6 is hereby amended to read as follows:
1207.11.6 Fire detection.
ESS installed in Group R-3 and R-4 occupancies shall comply with the following:
528
HOA.103903238.11 168
1. Rooms and areas within dwellings units, sleeping units, basements and attached
garages in which ESS are installed shall be protected by smoke alarms in accordance
with Section 907.2.11one of the following:
1.An approved heat alarm.
2.An approved heat detector that is a component of a fire alarm
system in the residence that will activate a notification device that
will alert the residents of an emergency.
23. A listed heat alarmA fire sprinkler, properly spaced and integrated
to a residential fire sprinkler system outfitted with a flow detector
that activates a notification device that will alert the residents of an
emergency.
interconnected to the smoke alarmsNotification in all three options shall be
installedprovided in locations within dwelling units, sleeping units and attached garages
where smoke alarms cannot be installed based on their listing.
SECTION Section 1207.11.7 is hereby amended to read as follows:
1207.11.7 Protection from impact.
ESS installed in a location subject to vehicle damage in accordance with
Sections 1207.11.7.1 orthrough 1207.11.7.23 shall be provided with impact protection in
accordance with Section 1207.11.7.34. For the purposes of vehicle impact protection,
an energy storage management system that controls an ESS, if located remotely from
the ESS unit(s) it controls, shall be treated as an ESS unit.
529
HOA.103903238.11 169
Exception: Impact protection is not required for an ESS unit where no
portion of the ESS unit is less than 36 inches (914 mm) above the finished
floor, unless determined necessary per Section 1207.11.7.3.
SECTION Section 1207.11.7.1 is hereby amended to read as follows:
1207.11.7.1 Garages interior–installed ESS.
Where an ESS is installed in the normal driving path of vehicle travel within a
garage, impact protection complying with Section 1207.11.7.3 shall be provided. The
normal driving path is a space between the garage vehicle opening and the interior face
of the back wall to a height of 48 inches (1219 mm) above the finished floor. The width
of the normal driving path shall be equal to the width of the garage door opening. Impact
protection shall also be provided for ESS installed at either of the following locations
(See Figure 1207.11.7.1):
1. On the interior face of the back wall and located within 36 inches
(914 mm) to the left or to the right of the normal driving path.
2. On the interior face of a side wall and located within 24 inches (609
mm) (from the back wall and within 36 inches (914 mm) of the
normal driving path.
Exception: Where the clear height of the vehicle garage opening is 7 feet
6 inches (2286 mm) or less, ESS installed not less than 36 inches (914
mm) above finished floor are not subject to vehicle impact protection
requirements.
530
HOA.103903238.11 170
For ESS unit(s) installed inside a garage or similar structure, impact protection
shall be provided in accordance with Figures 1207.11.1(1) through 1207.11.7.1(3), and
as described herein.
"L" represents the length of the garage-entrance return wall and is measured
from the inside corner where the return wall meets the adjacent "side" wall that runs
roughly parallel to the driving path.
Where any portion of the ESS unit is installed outside of the triangles created in
accordance with Figure 1207.11.7.1(1), impact protection shall be provided.
Exceptions: Where the ESS unit is located within one of the
aforementioned triangles, but any of the following are true, impact
protection requirements shall be evaluated on a case-by-case basis:
1. L > 6 feet (1829 mm). See Figure 1207.11.7.1(2).
2. The driving path within the garage is deeper than 25 feet
(7620 mm). See Figure 1207.11.7.1(3).
531
HOA.103903238.11 171
SECTION Figure 1207.11.7.1 is hereby deleted in entirety as follows:
FIGURE 1207.11.7.1
532
HOA.103903238.11 172
SECTION Figure 1207.11.7.1(1) is hereby added to appear as follows:
FIGURE 1207.11.7.1(1)
GARAGE INTERIOR–INSTALLED ESSa
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm.
533
HOA.103903238.11 173
a. Impact protection is not required for an ESS unit (or for a remote Energy Storage
Management System) that is entirely located 36 inches or greater above the
finished driving surface.
Exception: Where determined necessary by the fire code official due to
special circumstances.
SECTION Figure 1207.11.7.1(2) is hereby added to appear as follows:
FIGURE 1207.11.7.1(2)
LONG GARAGE RETURN WALLa,b
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm.
534
HOA.103903238.11 174
a. Impact protection is not required for an ESS unit (or for a remote Energy S torage
Management System) that is entirely located 36 inches or greater above the
finished driving surface.
Exception: Where determined necessary by the fire code official due to
special circumstances.
b.Where this figure is applicable, this case-by-case evaluation shall be in addition
to the requirements of Figure 1207.11.7.2.1(1).
535
HOA.103903238.11 175
SECTION Figure 1207.11.7.1(3) is hereby added to appear as follows:
FIGURE 1207.11.7.1(3)
DEEP GARAGEa,b
536
HOA.103903238.11 176
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm.
a. Impact protection is not required for an ESS unit (or for a remote Energy Storage
Management System) that is entirely located 36 inches or greater above the
finished driving surface.
Exception: Where determined necessary by the fire code official
due to special circumstances.
b.Where this figure is applicable, this case-by-case evaluation shall be in addition
to the requirements of Figure 1207.11.7.2.1(1).
SECTION Section 1207.11.7.2 is hereby amended to read as follows:
1207.11.7.2 Other locations subject to vehicle impactExterior-
installed ESS.
Where an ESS is installed in a location other than as defined in Section
1207.11.7.1, and is subject to vehicle damage, impact protection shall be provided in
accordance with Section 1207.11.7.3.
Impact Protection shall be required for any ESS unit(s) that are located within 36"
of the full width or depth/length of any vehicular path of travel, and subject to vehicular
impact, per Figure 1207.11.7.2.
537
HOA.103903238.11 177
SECTION Figure 1207.11.7.2 is hereby added to appear as follows:
FIGURE 1207.11.7.2
EXTERIOR-INSTALLED ESSa
For SI: 1 inch = 25.4 mm.
538
HOA.103903238.11 178
a. Impact protection is not required for an ESS unit (or for a remote Energy Storage
Management System) that is entirely located 36 inches or greater above the
finished driving surface.
Exception: Where determined necessary by the fire code official due to
special circumstances.
SECTION Section 1207.11.7.3 is hereby amended to read as follows:
1207.11.7.3 Impact protection optionsSpecial circumstances.
Where ESS is required to be protected from impact in accordance with Section
1207.11.7.1 or 1207.11.7.2, such protection shall comply with one of the following:
1. Bollards constructed in accordance with one of the following:
1.1. Minimum 48 inches (1219 mm) in length by 3 inches (76
mm) in diameter Schedule 80 steel pipe embedded in a
concrete pier not less than 12 inches (304 mm) deep and 6
inches (152 mm) in diameter, with at least 36 inches (914
mm) of pipe exposed, filled with concrete and spaced at a
maximum interval of 5 feet (1524 mm). Each bollard shall be
located not less than 6 inches (152 mm) from an ESS.
1.2. Minimum 36 inches (914 mm) in height by 3 inches (76 mm)
in diameter Schedule 80 steel pipe fully welded to a
minimum 8-inch (203 mm) by 1/4-inch (6.4 mm) thick steel
plate and bolted to a concrete floor by means of 41/2-inch
(13 mm) concrete anchors with 3-inch (76 mm) minimum
embedment. Spacing shall not be greater than 60 inches
539
HOA.103903238.11 179
(1524 mm), and each bollard shall be located not less than 6
inches (152 mm) from the ESS.
1.3. Pre-manufactured steel pipe bollards shall be filled with
concrete and anchored in accordance with the
manufacturer's installation instructions, with spacing not
greater than 60 inches (1524 mm), and each bollard shall be
located not less than 6 inches (152 mm) from the ESS.
2. Wheel barriers constructed in accordance with one of the following:
2.1. Four inches (102 mm) in height by 5 inches (127 mm) in
width by 70 inches (1778 mm) in length wheel barrier made
of concrete or polymer, anchored to the concrete floor not
less than every 36 inches (914 mm) and located not less
than 54 inches (1372 mm) from the ESS. Minimum 31/2-
inch (89 mm) diameter concrete anchors with a 3-inch (76
mm) embedment per barrier shall be used. Spacing
between barriers shall be no greater than 36 inches (914
mm).
2.2. Pre-manufactured wheel barriers shall be anchored in
accordance with the manufacturer’s installation instructions.
3. Approved method designed to resist a 2,000-pound (8899
Newtons) impact in the direction of travel at 24 inches (608 mm)
above grade.
540
HOA.103903238.11 180
The need of impact protection for any ESS unit installation scenario not
specifically addressed in Sections 1207.11.7.1 and 1207.11.7.2 and associated figures,
shall be determined by the fire code official.
SECTION Section 1207.11.7.4 is hereby added to read as follows:
1207.11.7.4 Design of impact protection.
All impact protection shall be of the pipe-bollard type complying with Section
1207.11.7.4.1, or retrofit-bollard type complying with Section 1207.11.7.4.2, unless
provided by other approved structures (e.g., concrete wall).
Spacing between bollards shall not exceed 4 feet (1219 mm) on center and be
no closer than 6 inches (152 mm) from an ESS unit. Bollards shall not encroach upon
the working clearances required by Sections 1207.11.5.1 and 603. The need for
multiple bollards for an ESS unit or a series of ESS units shall be determined by the fire
code official.
SECTION Section 1207.11.7.4.1 is hereby added to read as follows:
1207.11.7.4.1 Pipe bollard.
Pipe-bollard type impact protection shall be 48 inches (1219 mm) in length, by 3
inches (76 mm) in diameter, schedule 80 steel pipe, embedded in a concrete pier 12
inches (304 mm) deep and 6 inches (152 mm) in diameter with 36 inches (914 mm) of
pipe exposed, filled with concrete.
SECTION Section 1207.11.7.4.2 is hereby added to read as follows:
1207.11.7.4.2 Retrofit bollard.
Retrofit-bollard type impact protection shall be 36 inches (914 mm) in height, by 3
inches (76 mm) in diameter, schedule 80 steel pipe fully welded to an 8-inch-square
541
HOA.103903238.11 181
(203 mm) by ¼ -inch-thick (6.4 mm) steel plate and bolted to a concrete floor by means
of four 41/2-inch (114 mm) steel anchors. The anchor bolts shall be suitable for use in
concrete and shall obtain a minimum of 3-inch (76 mm) nominal embedment per the
manufacturer’s installation instructions.
SECTION Section 1207.11.8 is hereby amended to read as follows:
1207.11.8 Ventilation.
Indoor installations of ESS that include batteries that produce hydrogen or other
flammable gases during charging, discharging, or other normal use conditions shall be
provided with exhaust ventilation in accordance with Section 1207.6.1.
SECTION Section 2007.1 is hereby amended to read as follows:
2007.1 General.
Helistops and heliports shall be maintained in accordance with Sections 2007.2
through 2007.811. Helistops and heliports on buildings shall be constructed in
accordance with the California Building Code.
SECTION Section 2007.9 is hereby added to read as follows:
2007.9 Emergency Helicopter Landing Facility (EHLF).
An approved Emergency Helicopter Landing Facility (EHLF) shall be provided on
the roof of any building hereinafter constructed, where the roof exceeds 12 stories or
120 feet above the lowest level of fire department access. It shall be designed and
constructed in accordance with the Los Angeles County Building Code and Title 24 of
the California Code of Regulations, and shall be capable of sufficiently accommodating
the appropriate emergency helicopter as determined by the fire code official.
542
HOA.103903238.11 182
SECTION Section 2007.9.1 is hereby added to read as follows:
2007.9.1 Other rooftop structures and additions.
Where any roof at which a helistop; heliport; required low-hover, light-wheel
landing site; or EHLF exists or is to be established, no parapet, guard or other structure
that would extend any height above the horizontal plane of the landing surface, or that
would extend more than 42 inches (1067 mm) above the adjacent roof deck, shall be
installed without first obtaining written approval of the fire code official. No structures,
including but not limited to tents or membrane structures, additions, or uses, shall be
allowed to interfere with the necessary and safe operation of the helicopter landing
facility.
SECTION Section 2007.10 is hereby added to read as follows:
2007.10 Ground-based helicopter facilities.
A ground-based helicopter landing facility subject to this code, that is required for
use to some degree by public emergency services, shall be constructed in accordance
with Sections 2007.10.1 through 2007.10.3. These requirements may also be applied
to such facilities that are elevated.
2007.10.1 Surface.
When required by the fire code official, a graded pad, measuring a minimum of
100 feet (30 480 mm) by 100 feet (30 480 mm), shall be covered with reinforced
concrete, with a minimum depth of 6 inches (152.4 mm), capable of supporting 42,000
pounds (19 050.88 kg).
543
HOA.103903238.11 183
2007.10.2 Hydrant.
When required by the fire code official, a fire hydrant shall be installed adjacent
to the pad as approved by the fire code official.
2007.10.3 Access.
When required by the fire code official, a fire apparatus access road leading to
the helistop or heliport shall be provided in accordance with Section 503.
SECTION Section 2007.11 is hereby added to read as follows:
2007.11 Maintenance and notification.
Where a new or existing helistop; heliport; required low-hover, light-wheel landing
site; EHLF; or other helicopter landing facility is established, no structures, including but
not limited to tents or membrane structures; or uses, shall be allowed to interfere with
the necessary and safe operation of the facility. Immediate notification of any such
interference shall be provided to the jurisdictional fire department emergency dispatch,
including nature, extent, and expected time period of such interference.
2007.11.1 Fire Department permit required.
Where a new or existing helicopter facility is or was intended for emergency use,
even if not exclusively; and/or is or was required by code, all nonemergency uses
and/or requests shall first obtain a permit from the fire code official. Where a permit is
granted, the permit shall include conditions under which nonemergency use can be
conducted, as determined by the fire code official.
Issuance of a permit allowing nonemergency use of a rooftop helicopter facility
shall be determined at the level of the Fire Marshal, on a case-by-case basis.
544
HOA.103903238.11 184
SECTION Section 2108.5 is hereby added to read as follows:
2108.5 Smoking.
Smoking in dry-cleaning plants shall only be within designated smoking rooms.
"NO SMOKING" signs shall be posted in rooms containing flammable or combustible
liquids. See Section 310.3.
SECTION Section 2203.3.1 is hereby amended to read as follows:
2203.3.1 Dust-collection systems.
DSuitable dust-collection systems shall be designed to collect dust emissions
from dust-producing equipment at the point of generation and shall be installed on all
dust-producing machinery. Dust-collection systems shall be in accordance with Section
511Chapter 5 of the California Mechanical Code. Equipment used in operations that
generate explosive or flammable vapors, fumes, or dusts shall be interlocked with the
machinery power supply so that the machinery cannot be operated without the dust-
collection equipment also operating.
Exception: Closed systems using listed equipment and designed in
accordance with manufacturer’s recommendations and specifications,
where cleanouts are provided in accordance with Section 2203.3.3.
Heating, ventilation, and air conditioning (HVAC) systems shall not be used as
the means to collect dusts from localized sources.
SECTION Section 2203.4.1.1 is hereby added to read as follows:
2203.4.1.1 Electrical grounding.
Artificial lighting in areas containing dust-producing or dust-agitating operations
shall be by electricity with wiring and electrical equipment installed in accordance with
545
HOA.103903238.11 185
the Electrical Code. Machinery and metal parts of crushing, drying, pulverizing, and
conveying systems shall be electrically grounded in accordance with the Electrical
Code.
SECTION Section 2203.4.2 is hereby amended to read as follows:
2203.4.2 Static electricity.
Bonding and grounding is required to minimize accumulation of static electric
charge in the following locations:
1. Dust-producing equipment.
2. Dust-collection system.
3. Pneumatic dust-conveying systems conveying combustible dust
from one location to another, combustible dust conveyors, piping
and conductive components. Conveying systems include transport
modes such as railcars, hopper cars, boxcars, tank cars and trucks
into which or from which commodities or products are
pneumatically conveyed.
4. Conveying systems using metallic piping.
Static electricity shall be removed from machinery and other component parts by
permanent grounds or bonds or both. The design and installation of such grounds shall
be in accordance with approved standards.
SECTION Section 2203.4.10 is hereby added to read as follows:
2203.4.10 Separators.
Approved means, such as magnetic or pneumatic separators, shall be installed
ahead of shellers, crackers, crushers, grinding machines, pulverizers, and similar
546
HOA.103903238.11 186
machines in which the entrance of foreign materials could cause sparks to be
generated.
SECTION Section 2404.4 is hereby amended to read as follows:
2404.4 Fire protection.
Spray booths and spray rooms shall be protected by an approved automatic
fire-extinguishing system complying with Chapter 9. Protection shall extend to exhaust
plenums, exhaust ducts, and both sides of dry filters where such filters are used. Spray
booths shall be provided with automatic fire sprinkler system protection when the spray
booth is located in a portion of a building that is protected with an automatic fire
sprinkler system.
SECTION Section 2408.5 is hereby amended to read as follows:
2408.5 Sources of ignition.
Smoking shall be prohibited and "NO SMOKING" signs shall be prominently
displayed in compliance with Section 310.3 in areas where organic peroxides are
stored, mixed, or applied. Only nonsparking tools shall be used in areas where organic
peroxides are stored, mixed or applied.
SECTION Section 2504.6 is hereby added to read as follows:
2504.6 Smoking.
Smoking shall be prohibited in ripening rooms.
SECTION Section 2507.2 is hereby added to read as follows:
2507.2 "No Smoking" signs.
NO SMOKING signs shall be posted at every entrance, in compliance with
Section 310.3.
547
HOA.103903238.11 187
SECTION Section 2603.3.3 is hereby amended to read as follows:
2603.3.3 Watch personnelReserved.
During the period fumigation is in progress, except where fumigation is
conducted in a gastight vault or tank, a responsible watchperson shall remain on duty at
the entrance or entrances to the enclosed fumigated space until after the fumigation is
completed and the building, structure or space is properly ventilated and safe for
occupancy. Sufficient watchers shall be provided to prevent persons from entering the
enclosed space under fumigation without being observed.
SECTION Section 2803.3.3 is hereby added to read as follows:
2803.3.3 Combustible waste.
The storage, accumulation, and handling of combustible materials and control of
vegetation shall be in accordance with Section 304.
SECTION Section 2810.1.1 is hereby added to read as follows:
2810.1.1 Permits.
Permits shall be required as set forth in Sections 105.5 and 105.6.
SECTION Section 3102.1 is hereby amended to read as follows:
3102.1 Definitions.
The following terms are defined in Chapter 2:
AIR-INFLATED STRUCTURE.
AIR-SUPPORTED STRUCTURE.
CROWD MANAGER.
INFLATABLE AMUSEMENT DEVICE.
MEMBRANE STRUCTURE.
548
HOA.103903238.11 188
SPECIAL AMUSEMENT AREA.
TEMPORARY SPECIAL EVENT STRUCTURE.
TENT.
SECTION Section 3104.5 is hereby added to read as follows:
3104.5 Helicopter landing facilities.
Where a helistop; heliport; required low-hover, light-wheel landing site;
Emergency Helicopter Landing Facility (EHLF); or other helicopter landing facility is
established, no structures, including tents or membrane structures, or uses, shall be
allowed to interfere with the necessary and safe operation of the facility. See Section
2007.
SECTION Section 3107.15.2.1 is hereby amended to read as follows:
3107.15.2.1 Quantity limit.
Fuel in the fuel tank and vehicle-technology hazards shall not exceed one-
quarter of the tank capacity or 5 gallons (19 L), whichever is lesscomply with the
restrictions specified in Section 314.4.
SECTION Section 3107.18 is hereby amended to read as follows:
3107.18 Combustible vegetation.
Combustible vegetation that could create a fire hazard shall be removed from the
area occupied by a tent or membrane structure, and from areas within 3050 feet
(914415 240 mm) of such tent or membrane structures. When a tent or membrane
structure is located in a wildfire risk area, combustible vegetation shall be removed from
areas within 50 feet (15 240 mm) from such structures or from areas within up to 200
549
HOA.103903238.11 189
feet (60 960 mm) from such tent or membrane structures when required by the fire code
official.
SECTION Section 3201.2 is hereby amended to read as follows:
3201.2 Permits.
A permit shall be required as set forth in Sections 105.5 and 105.6. Prior to
approval of storage racks, a building permit is required in occupancies regulated by this
chapter. Proof of all required permits must be provided to the fire code official upon
request. The approved permit must be kept on the premises and be available at all
times for inspection by the fire code official.
SECTION Table 3206.2 is hereby amended to read as follows:
TABLE 3206.2
GENERAL FIRE PROTECTION AND LIFE SAFETY REQUIREMENTS
COMMODITY
CLASS
SIZE OF
HIGH-PILED
STORAGE
AREAa
(square
feet) (see
Sections
3206.2
and 3206.3)
ALL STORAGE AREAS
(See Sections 3206, 3207 and 3208)b
SOLID-PILED STORAGE, SHELF
STORAGE AND PALLETIZED
STORAGE
(see Section 3207.3)
Automatic
fire-
extinguishi
ng system
(see
Section
3206.4)
Fire
detection
system
(see
Section
3206.5)
Fire
department
access
doors
(see
Section
3206.7)
Smoke
and heat
removal
(see
Section
3206.8)
Maximum
pile
dimensionc
(feet)
Maximum
permissible
storage
heightd
(feet)
Maximum
pile volume
(cubic feet)
I-IV
0-500 Not
Requireda
Not
Required
Not
Required
Not
Required
Not
Required
Not
Required
Not
Required
501-2,500 Not
Requireda Yesg
Not
Required
Not
Required 120 40 100,000
2,501-12,000
Open to the
public
Yes
Not
Required
Not
Required
Not
Required 120 40 400,0 0 0
2,501-12,000
Not open to the
public (Option 1)
Yes Not
Required
Not
Required
Not
Required 120 40 400,000
550
HOA.103903238.11 190
COMMODITY
CLASS
SIZE OF
HIGH-PILED
STORAGE
AREAa
(square
feet) (see
Sections
3206.2
and 3206.3)
ALL STORAGE AREAS
(See Sections 3206, 3207 and 3208)b
SOLID-PILED STORAGE, SHELF
STORAGE AND PALLETIZED
STORAGE
(see Section 3207.3)
Automatic
fire-
extinguishi
ng system
(see
Section
3206.4)
Fire
detection
system
(see
Section
3206.5)
Fire
department
access
doors
(see
Section
3206.7)
Smoke
and heat
removal
(see
Section
3206.8)
Maximum
pile
dimensionc
(feet)
Maximum
permissible
storage
heightd
(feet)
Maximum
pile volume
(cubic feet)
2,501-12,000
Not open to the
public (Option 2)
Not
Requireda
Yes Yes Yesh,i 120 30e 200,000
12,001-500,000 Yes
Not
Required Yes Yesh,i 120 40 400,000
Greater than
500,000f Yes
Not
Required Yes Yesh,i 120 40 400,000
High hazard
0-500 Not
Requireda
Not
Required
Not
Required
Not
Required 60
Not
Required
Not
Required
501-2,500
Open to the
public
Yes
Not
Required
Not
Required
Not
Required 60 3 0 75,000
501-2,500
Not open to the
public (Option 1)
Yes Not
Required
Not
Required
Not
Required
60 3 0 75,000
501-2,500
Not open to the
public (Option 2)
Not
Requireda
Yesg Yes Yesh,i 60 2 0 50,000
2,501-300,000 Yes Not
Required Yes
Yesh,i 60 3 0 75,000
Greater than
300,000f
Yes Not
Required
Yes
Yesh,i 60 3 0 75,000
For SI: 1 foot = 304.8 mm, 1 cubic foot = 0.02832 m 3, 1 square foot = 0.0929 m2.
a.Where automatic sprinklers are required for reasons other than those in Chapter
32, the portion of the sprinkler system protecting the high-piled storage area shall
be designed and installed in accordance with Sections 3207 and 3208.
b.For aisles, see Section 3206.10.
c.Piles shall be separated by aisles complying with Section 3206.10.
551
HOA.103903238.11 191
d.For storage in excess of the height indicated, special fire protection shall be
provided in accordance with Note f where required by the fire code official. See
Chapters 51 and 57 for special limitations for aerosols and flammable and
combustible liquids, respectively.
e.For storage exceeding 30 feet in height, Option 1 shall be used.
f.Special fire protection provisions including, but not limited to, fire protection of
exposed steel columns; increased sprinkler density; additional in-rack sprinklers,
without associated reductions in ceiling sprinkler density; or fire department hose
connections shall be provided where required by the fire code official.
g.Not required where an automatic fire-extinguishing system is designed and
installed to protect the high-piled storage area in accordance with Sections 3207
and 3208.
h.Not required where storage areas with an exit travel distance of 250 feet (76 200
mm) or less are protected by either early suppression fast response (ESFR)
sprinkler systems or control mode special application sprinklers with a response
time index of 50 (m • s)1/2 or less that are listed to control a fire in the stored
commodities with 12 or fewer sprinklers, installed in accordance with Section
903.3.1.1.Reserved.
i.Not required in frozen food warehouses used solely for storage of Class I and II
commodities where protected by an approved automatic sprinkler system.
SECTION Section 3206.8 is hereby amended to read as follows:
3206.8 Smoke and heat removal.
Where smoke and heat removal is required by Table 3206.2 it, smoke and heat
vents shall be provided in accordance with Section 910.
SECTION Section 3302.1 is amended to read as follows:
3302.1 Terms defined in Chapter 2.
Words and terms used in this chapter and defined in Chapter 2 shall have the
meanings ascribed to them as defined therein., including:
FIRE WATCH.
552
HOA.103903238.11 192
SECTION Section 3305.5 is amended to read as follows:
3305.5 Fire watch.
Where required by the fire code official or the site safety plan established in
accordance with Section 3303.1, a fire watch shall be provided for building demolition
and for building construction.
See Section 401.10 for fire watch responsibilities and procedures, and Section
3504.2 for fire watch specific to hot work.
SECTION Section 3305.5.2.1 is hereby amended to read as follows:
3305.5.2.1 Duties.
The primary duty of fire watch personnel shall be to perform constant patrols and
watch for the occurrence of fire. The combination of fire watch duties and site security
duties is acceptable.
SECTION Section 3313.6 is hereby added to read as follows:
3313.6 Fire hose.
When required by the fire code official, approved fire hoses with attached nozzles
shall be maintained for immediate use at a construction site or a demolition site. Such
hoses and nozzles shall be connected to an approved water supply. Where a fire
hydrant is permitted to be used as the source of water supply, the fire hose connection
to the fire hydrant shall not impede the Fire Department from using the hydrant.
SECTION Section 3501.3 is hereby amended to read as follows:
3501.3 Restricted areas.
Hot work shall only be conducted in areas designed or authorized for that
purpose by the personnel responsible for a hot work program. Hot work shall not be
553
HOA.103903238.11 193
conducted in the following areas unless approval has been obtained from the fire code
official:
. . .
3.Areas with readily ignitable materials, such as storage of large
quantities of bulk sulfur, baled paper, cotton, lint, dust or loose
combustible materials, or wildfire risk areas.
. . .
SECTION Section 3505.9 is hereby added to read as follows:
3505.9 Flashback prevention.
Approved protective devices shall be installed in the fuel gas and oxygen lines to
prevent flashback in the fuel system and backflow in the fuel and oxygen system in
accordance with nationally recognized safe practices.
SECTION Section 3604.2 is hereby amended to read as follows:
3604.2 Standpipes.
Marinas and boatyards shall be equipped throughout with standpipe systems in
accordance with NFPA 303. Systems shall be provided with hose connections located
such that no point on the marina pier or float system exceeds 150 feet (15 240 mm)
from a standpipe hose connection. Standpipe systems shall be of a wet type unless the
system is installed in an area that is subject to freezing temperatures.
SECTION Section 3604.2.2 is hereby added to read as follows:
3604.2.2 Floats.
Portions of floats more than 250 feet (76 200 mm) travel distance from fire
apparatus access shall be provided with an approved wet standpipe system.
554
HOA.103903238.11 194
3604.2.2.1 Hose stations.
Hose stations shall be spaced to provide protection to all portions of floats or
floating vessels. Hoses shall be mounted on a reel or rack and enclosed within an
approved cabinet. Hose stations shall be labeled "FIRE HOSE – EMERGENCY USE
ONLY." Only listed equipment shall be used. Each hose station shall be provided with
a 2½-inch (63.5 mm) fire hose valve with a connected 2½-inch to 1½-inch reducer, a
maximum length of 100 feet of lined hose, and an approved fog nozzle.
The pipe sizing shall be a minimum of 2½ inches (63.5 mm) and shall be based
on providing 65 psi (448.159 kPa) at 100 gpm (378.5 L/min) at the most remote hose
station valve outlet, using a maximum 150 psi (1034.21 kPa) at the fire department
connection.
SECTION Section 4801.3 is hereby amended to read as follows:
4801.3 DEFINITIONS.
. . .
APPROVED PRODUCTION FACILITY. An new or existing building, or portion
of a building, or a group of buildings, studio, or stage altered for use by, or designed and
constructed for use by the entertainment industry for the purpose of motion picture,
television and commercial production and which has been determined by the fire code
official to meet all of the requirements of Sections 4802 through 4811.
COMMERCIAL STILL PHOTOGRAPHY PRODUCTION. Includes all activity
attendant to the staging or shooting of commercial still photography production to create
single or multiple photographs for sale or use for a commercial purpose.
555
HOA.103903238.11 195
FIRE SAFETY ADVISOR (FSA). A Fire Safety Advisor is a retired member of
the County of Los Angeles Fire Department who is certified as a Fire Safety Advisor.
The requirements to become a certified Fire Safety Advisor can be found in Regulation
3 of Chapter 1 of Volume 7 of the Fire Department manuals.
LIVE AUDIENCE STAGE. A production facility, production location, sound
stage, or production studio where an audience is present for the recording or streaming
of all, or a portion, of a motion picture, television show or commercial.
. . .
SECTION Section 4803.2 is hereby amended to read as follows:
4803.2 Additional permits.
A permit shall be required for:
. . .
f)Any additional permits, including motion picture, commercial, and
television productions, as required by the fire code official as determined in
Section 105.5 and 105.6 of this code. See especially, but not exclusively,
Section 105.5.54.
SECTION Section 4803.4 is hereby added to read as follows:
4803.4 Permit fees.
Permit fees for permits required by Section 4803.2 and Section 105.5 shall be
collected for the issuance of the following permits, in accordance with the currently
adopted version of the Fire-Code Fee Schedule (Appendix QQ of this code):
1.Motion picture, television, commercial, and related productions
filming.
556
HOA.103903238.11 196
2.Motion picture, television, commercial, and related production
filming — fuel-dispensing trucks and vehicles.
3.Motion picture, television, commercial, and related production
filming — pyrotechnics and special effects.
4.Commercial still-photography production that both: is outside of an
approved production facility, and has an on-site cast-and-crew
number of 15 or more persons.
Exception: Verified student filming productions and nonprofit 501(c)(3)
organizations shall not be subject to a film or still-photography permit fee
for the initial issuance of each permit. Permit revisions shall be subject to
the permit-revision fee for each applicable permit.
SECTION Section 4807.1.1 is hereby added to read as follows:
4807.1.1 Fire safety officers/advisors.
When in the opinion of the fire code official it is necessary for the preservation of
life or property, due to the hazardous nature of an event, production, operation, or
function, the fire official shall require the owner or lessee to employ or cause the
employment of one or more approved fire safety officers or advisors to be on duty at
such place during the hazardous activity.
SECTION Section 4811.9 is hereby amended to read as follows:
4811.9 Fire department access.
Required emergency vehicle access, fire lanes, and existing fire apparatus
access roads shall be maintained as per Section 503. Any deviations are subject to
approval by the fire code official.
557
HOA.103903238.11 197
SECTION Section 4902.1 is hereby amended to read as follows:
4902.1 General.
For the purpose of this chapter, certain terms are defined as follows:
. . .
FIRE PROTECTION PLAN. A document prepared for a specific project or
development proposed for a Wildland-Urban Interface (WUI) Fire Area. It describes
ways to minimize and mitigate potential for loss from wildfire exposure.
FIRE HAZARD SEVERITY ZONES. Geographical areas designated pursuant to
California Public Resources Codes, Sections 4201 through 4204 and classified as Very
High, High, or Moderate in State Responsibility Areas or as Local Agency Very High
Fire Hazard Severity Zones designated pursuant to California Government Code,
Sections 51175 through 51189. See Appendix PP for the designations within the
County of Los Angeles.
. . .
FIRE PROTECTION PLAN. A document prepared for a specific project or
development proposed for a Wildland-Urban Interface (WUI) Fire Area. It describes
ways to minimize and mitigate potential for loss from wildfire exposure.
FIRE-RESISTANT VEGETATION. Plants, shrubs, trees and other vegetation
that exhibit properties, such as high moisture content, little accumulation of dead
vegetation, and low sap or resin content, that make them less likely to ignite , or
contribute heat or spread flame, or increase the rate of spread in a fire than native
vegetation typically found in the regionhaving high oil and resin content.
558
HOA.103903238.11 198
[Note: The following sources contain examples of types of vegetation that can be
considered fire resistant vegetation. (Fire-resistant Plants for Home Landscapes,
A Pacific Northwest Extension publication; Home Landscaping for Fire, University
of California Division of Agriculture and Natural Resources; Sunset Western
Garden Book)]
. . .
FUEL MODIFICATION PLAN. A portion of a fire protection plan that consists of
a set of scaled plans that includes a plot plan showing fuel modification zones indicated
with applicable assessment notes, a detailed landscape plan, and an irrigation plan. A
fuel modification plan submitted for approval shall be prepared by a State-licensed
landscape architect, a State-licensed landscape contractor, a landscape designer, or an
individual with expertise acceptable to the Forestry Division of the Fire Department.
. . .
SECTION Section 4903.1 is hereby amended to read as follows:
4903.1 General.
The fire code official is authorized to require the owner or owner’s authorized
agent to provide a fire protection plan. The fire protection plan shall be prepared to
determine the acceptability of fire protection and life safety measures designed to
mitigate wildfire hazards presented for the property under consideration.
The fire protection plan shall be prepared by a registered design professional,
qualifiedState-licensed landscape architect, State-licensed landscape contractor,
landscape designer, qualified fire safety specialist or similar specialist acceptable to the
fire code officialor individual with expertise acceptable to the Forestry Division of the
559
HOA.103903238.11 199
Fire Department and shall analyze the wildfire risk of the building, project, premises or
region to recommend necessary changes.
The fire code official is authorized to require a preliminary fire protection plan
prior to the submission of a final fire protection plan.
SECTION Section 4905.2 is hereby amended to read as follows:
4905.2 Construction methods and requirements within
established limits.
Within the limits established by law, construction methods intended to mitigate
wildfire exposure shall comply with the wildfire protection building construction
requirements contained in the applicable California Building Standards Code and
Los Angeles County Codes, including the following:
1.California Building Codes, Chapter 7A.
2.California Residential Codes, Section R337.
3.California Referenced Standards Code, Chapter 12-7A.
4.California Fire Code, CCR Title 24, Part 9.
5.Los Angeles County Code, Title 32.
SECTION Section 4906.2 is hereby amended to read as follows:
4906.2 Application.
All new plantings of vegetation in Local Responsibility Areas (LRA) designated as
a Very High Fire Hazard Severity Zone and in State Responsibility Areas (SRA) and
Local Responsibility Areas (LRA) designated as a Very High Fire Hazard Severity Zone
shall comply with Sections 4906.3 through 4906.5.3.
560
HOA.103903238.11 200
Section 4906 is applicable to all unincorporated portions of Los Angeles County,
to all cities that are a part of the Consolidated Fire Protection District of Los Angeles
County, and to all cities that contract with the Consolidated Fire Protection District of
Los Angeles County for services and adopt Section 4906 as part of their fire code.
SECTION Section 4906.3 is hereby amended to read as follows:
4906.3 Landscape plansFuel modification plans in fire hazard
severity zones.
Landscape plans shall be provided when required by the enforcing agency. The
landscape plan shall include development and maintenance requirements for the
vegetation management zone adjacent to structures and roadways, and to provide
significant fire hazard reduction benefits for public and firefighting safety.
Permits shall be required as set forth in Section 105.6, with the exception of any
differences which may be specified in this chapter or by the fire code official. A fuel
modification plan shall be submitted and have preliminary fire protection plan approval
prior to any subdivision of land or Coastal Development Permit (CDP); or, have final fire
protection plan approval as stipulated below; where, such structure, or subdivision is
located within areas designated as a Fire Hazard Severity Zone within State
Responsibility Areas or Very High Fire Hazard Severity Zone within the Local
Responsibility Areas, according to applicable Fire Hazard Zone maps, and Appendix PP
of this code at the time of application.
Preliminary approval is required for applications for any of the following activities:
A. Subdivisions:
1. Where the proposed activity would result in 4 or fewer lots.
561
HOA.103903238.11 201
2. Where the proposed activity would result in 5 or more lots.
B. Coastal Development Permits (CDP).
Final approval is required for applications for any of the following activities:
A. New construction:
1. Any enclosed structure over 120 square feet.
2. Any structure enclosed on three sides or more and greater
than or equal to 200 square feet (18.5 m2).
B. Remodel, modification, reconstruction, or change of occupancy:
1. Any remodeling, modification, or reconstruction that
increases the square footage of the existing structure or
footprint by 50 percent or more within any 12-month period.
2. Any structure that changes occupancy classification.
Exception: Structures not included in the list of "New
construction" applicability (Item "A.", above) are exempt.
C. Subdivisions:
1. Where the proposed activity would result in 5 or more lots.
Exemptions:
1. Structures that do not require a building permit; or
2. Structures constructed of noncombustible materials, open on
all sides, and not used for storage or habitation.
Every fuel modification plan shall be reviewed by the Forestry Division of the Fire
Department for defensible space, fire safety, compliance with Sections 325.2.1, 325.10,
and 503.2.1 of this code, the Fire Department's fuel modification guidelines, and
562
HOA.103903238.11 202
California Code of Regulations, Title 14, Division 1.5, Chapter 7, subchapter 2. Before
such final plan has been approved by the Forestry Division of the Fire Department, a
signed and notarized copy of the provided covenant and agreement (and/or previously
reviewed and approved association CC&R’s that include the necessary fuel modification
information) shall be recorded at the County of Los Angeles Registrar-Recorder/County
Clerk’s Office and a copy given to the fuel modification unit.
An on-site inspection must be conducted by the personnel of the Forestry
Division of the Fire Department and a final approval of the fuel modification plan issued
by the Forestry Division prior to a certificate of occupancy being granted by the building
code official. The fuel modification inspection ensures compliance with applicable
requirements of this code; the Building Code, Section 701A.5 (Vegetation management
compliance); and the Residential Code, Section R337.1.5 (Vegetation management
compliance).
SECTION Section 4906.3.1 is hereby amended to read as follows:
4906.3.1 ContentsPlan modification.
Landscape plans shall contain the following:
1. Delineation of the 30-foot (9144 mm) and 100-foot (30.5 m) fuel
management zones from all structures.
2. Identification of existing vegetation to remain and proposed new
vegetation.
3. Identification of irrigated areas.
4. A plant legend with both botanical and common names, and
identification of all plant material symbols.
563
HOA.103903238.11 203
5. Identification of ground coverings within the 30-foot (9144 mm)
zone.
Any modification to an approved fuel modification landscape plan or addition to a
structure that affects the approved zones of an approved fuel modification plan must be
reviewed and approved by the Fuel Modification Unit of the Fire Department prior to
installation of landscaping or issuance of a construction permit by the building code
official for such an addition.
SECTION Section 4906.3.2 is hereby added to read as follows:
4906.3.2 Penalties.
An owner of a property found to be in noncompliance with the fuel modification
requirements shall be subject to an administrative fine (Section 327) and applicable
liens or assessments as allowed by the provisions of Title 1, Chapter 1.25 of the County
Code and this code. Failure to comply with this code is punishable as a misdemeanor
and subject to additional enforcement proceedings, including corrective measures which
shall be done at the owner's expense in accordance with Section 325.
SECTION Section 4906.3.3 is hereby added to read as follows:
4906.3.3 Appeals.
Any person who disagrees with any decision related to fuel modification plans
may file a written appeal with the Chief of the Forestry Division. The Chief of the
Forestry Division will adjudicate all policy interpretations relevant to fuel modification
plan requirements and serve as the final authority in this appeals process.
564
HOA.103903238.11 204
SECTION Section 4906.3.4 is hereby added to read as follows:
4906.3.4 Fuel modification plan review fee schedule.
A plan check fee shall be payable to the Fire Department, upon the submission
of any fuel modification plan, landscape plan, or irrigation plan for review and approval
by the Fire Department. Refer to the Fire-Code Fee Schedule (Appendix QQ of this
code) for said fees.
Fees will be based on the intended use of the structure, including permanently
designated sites for tents, yurts, trailers, modulars, and similar temporary structures.
SECTION Section 4906.3.5 is hereby added to read as follows:
4906.3.5 Landscape plans.
Landscape plans shall be provided when required by the enforcing agency. The
landscape plan shall include development and maintenance requirements for the
vegetation management zone adjacent to structures and roadways, and to provide
significant fire hazard reduction benefits for public and firefighting safety.
SECTION Section 4906.3.5.1 is hereby added to read as follows:
4906.3.5.1 Contents.
Landscape plans shall contain the following:
1. Delineation of the 30-foot (9144 mm), and 100-foot (30.5 m), and
up to 200-foot (61 m) (as necessary), fuel management zones from
all structures.
2. Identification of existing vegetation to remain and proposed new
vegetation.
3. Identification of irrigated areas.
565
HOA.103903238.11 205
4. A plant legend with both botanical and common names, and
identification of all plant material symbols.
5. Identification of ground coverings within the 30-foot (9144 mm)
zone.
SECTION Section 4906.4 is hereby amended to read as follows:
4906.44906.3.5.2 Vegetation.
All new vegetation shall be fire-resistant vegetation in accordance with this
section.
Exception: Trees classified as non-fire-resistant vegetation complying
with Section 4906.4.2.14906.3.5.2.2.1.
To be considered fire-resistant vegetation, it must meet at least one of the
following:
1. Be identified as fire-resistant vegetation in an approved book,
journal or listing from an approved organization.
2. Be identified as fire-resistant vegetation by a licensed landscape
architect with supporting justification.
3. Plants considered fire-resistant vegetation and approved by the
local enforcing agency.
SECTION Section 4906.4.1 is hereby amended to read as follows:
4906.4.14906.3.5.2.1 Shrubs.
All new plantings of shrubs shall comply with the following:
1. Shrubs shall not exceed 6 feet (1829 mm) in height.
566
HOA.103903238.11 206
2. Groupings of shrubs are limited to a maximum aggregate diameter
of 10 feet (3048 mm).
3. Shrub groupings shall be separated from other groupings a
minimum of 15 feet (4572 mm).
4. Shrub groupings shall be separated from structures a minimum of
30 feet (9144 mm).
5. Where shrubs are located below or within a tree’s drip line, the
lowest tree branch shall be a minimum of three times the height of
the understory shrubs or 10 feet (3048 mm), whichever is greater.
SECTION Section 4906.4.2 is hereby amended to read as follows:
4906.4.24906.3.5.2.2 Trees.
Trees shall be managed as follows within the 30-foot zone (9144 mm) of a
structure:
1. New trees shall be planted and maintained so that the tree’s drip
line at maturity is a minimum of 10 feet (3048 mm) from any
combustible structure.
2. The horizontal distance between crowns of new trees and crowns
of adjacent trees shall not be less than 10 feet (3048 mm).
3. Existing trees shall be trimmed to provide a minimum separation of
10 feet (3048 mm) away from chimney and stovepipe outlets per
Title 14, Section 1299.03.
567
HOA.103903238.11 207
SECTION Section 4906.4.2.1 is hereby amended to read as follows:
4906.4.2.14906.3.5.2.2.1 Non-fire-resistant vegetationtrees.
New trees not classified as fire-resistant vegetation, such as conifers, palms,
pepper trees and eucalyptus species, shall be permitted provided the tree is planted
and maintained so that the tree’s drip line at maturity is a minimum 30 feet (9144 mm)
from any combustible structure.
SECTION Section 4907.3 is hereby amended to read as follows:
4907.3 Requirements.
Hazardous vegetation and fuels around all buildings and structures shall be
maintained in accordance with the following laws and regulations:
1. Public Resources Code, Section 4291.
2. California Code of Regulations, Title 14, Division 1.5, Chapter 7,
Subchapter 3, Article 3, Section 1299.03.
3. California Government Code, Section 51182.
4. California Code of Regulations, Title 19, Division 1, Chapter 7,
Subchapter 1, Section 3.07.
5. Los Angeles County Code, Title 32, including Section 325.
SECTION Section 5001.1.2 is hereby added to read as follows:
5001.1.2 Health Hazardous Materials Division ("HHMD")
Authority.
The provisions of Chapter 50 of this code may be enforced by any duly
authorized technician, Health Hazardous Materials Division staff, or fire code official.
568
HOA.103903238.11 208
SECTION Section 5001.5 is hereby amended to read as follows:
5001.5 Permits.
Permits shall be required as set forth in Sections 105.5 and 105.6.
Where required by the fire code official, permittees shall apply for approval to
permanently close a storage, use or handling facility. Such application shall be
submitted not less than 30 days prior to the termination of the storage, use or handling
of hazardous materials. The fire code official is authorized to require that the
application be accompanied by an approved facility closure plan in accordance with
Section 5001.6.3.
A unified program facility permit shall be required for hazardous materials
handlers, hazardous waste generators, or on-site treatment of hazardous waste in
accordance with Chapters 12.50, 12.52, and 12.64 of Title 12 of the County Code.
Unified program facility permits, if required, shall be obtained prior to the issuance of
any fire code permit required by this code.
A permit shall be required for tank vehicles or railroad tank cars to remain on a
siding indoors or outdoors, at the point of delivery while connected for transfer
operations. Transfer operations shall be in accordance with DOT requirements and this
code.
SECTION Section 5001.5.1.1 is hereby added to read as follows:
5001.5.1.1 Hazardous Materials Business Plan (HMBP).
Each application for a permit for businesses handling or storing hazardous
materials at any time during the year exceeding 55 gallons (208.198 L), 500 pounds
(226.796 kg), or 200 cubic feet (5663.37 L) shall include a Hazardous Materials
569
HOA.103903238.11 209
Business Plan (HMBP). The location of the HMBP shall be posted adjacent to permits
when an HMBP is provided. The HMBP shall include a facility site plan designating the
following:
1.Storage and use areas.
2.Maximum amount of each material stored or used in each area.
3.Range of container sizes.
4.Locations of emergency isolation and mitigation valves and
devices.
5.Product conveying piping containing liquids or gases, other than
utility-owned fuel gas lines and low-pressure fuel gas lines.
6.On and off positions of valves for valves which are of the self-
indicating type.
7.Storage plan showing the intended storage arrangement, including
the location and dimensions of aisles.
The plans shall be legible and approximately to scale. Separate distribution
systems are allowed to be shown on separate pages.
SECTION Section 5001.5.1.2 is hereby added to read as follows:
5001.5.1.2 Application.
Each application for a permit required by this chapter shall include a Hazardous
Materials Business Plan (HMBP) in accordance with Chapter 12.64 of Title 12 of the
County Code.
570
HOA.103903238.11 210
SECTION Section 5001.5.2.1 is hereby added to read as follows:
5001.5.2.1 Hazardous materials disclosure.
A chemical inventory prepared in accordance with Chapter 12.64 of Title 12 of
the County Code shall be considered the equivalent of the Hazardous Materials
Inventory Statement (HMIS) discussed in Section 5001.5.2.
SECTION Section 5001.5.2.2 is hereby added to read as follows:
5001.5.2.2 Reporting.
Every business shall comply with the reporting requirements as set forth in
Chapter 12.64 of Title 12 of the County Code.
SECTION Section 5001.5.2.3 is hereby added to read as follows:
5001.5.2.3 Notification.
The fire code official and the HHMD shall be notified immediately when an
unauthorized discharge becomes reportable under State, federal, or local regulations.
SECTION Section 5001.5.2.4 is hereby added to read as follows:
5001.5.2.4 California Accidental Release Prevention (CalARP)
program.
Every business shall comply with the requirements as set forth in Chapter 12.64
of Title 12 of the County Code.
SECTION Section 5001.5.2.5 is hereby added to read as follows:
5001.5.2.5 Emergency information.
Hazardous materials business plans, risk management prevention programs, and
hazardous materials inventory statements shall be posted in an approved location and
571
HOA.103903238.11 211
immediately available to emergency responders. The fire code official may require that
the information be posted at the entrance to the occupancy or property.
SECTION Section 5002.1 is hereby amended to read as follows:
5002.1 Definitions.
The following terms are defined in Chapter 2:
. . .
HAZARDOUS WASTE.
HAZARDOUS WASTE CONTROL LAW.
. . .
HEALTH HAZARDOUS MATERIALS DIVISION (HHMD).
. . .
UNIFIED PROGRAM.
UNIFIED PROGRAM FACILITY PERMIT.
. . .
WASTE.
SECTION Section 5003.2.1 is hereby amended to read as follows:
5003.2.1 Design and construction of containers, cylinders, and
tanks.
Containers, cylinders and tanks shall be designed and constructed in accordance
with approved standards. Containers, cylinders, tanks and other means used for
containment of hazardous materials shall be of an approved type. Pressure vessels not
meeting DOTn requirements for transportation shall comply with the ASME Boiler and
572
HOA.103903238.11 212
Pressure Vessel Code. Tank vehicles and railroad tank cars shall be used in
accordance with Section 5005.
SECTION Section 5003.2.5 is hereby amended to read as follows:
5003.2.5 Empty containers and tanks.
Empty containers and tanks previously used for the storage of hazardous
materials shall be free from residual material and vapor as defined by DOTn, the
Resource Conservation and Recovery Act (RCRA) or other regulating authority or
maintained as specified for the storage of the hazardous material. Containers larger
than 5 gallons (18.9271 L) in capacity shall be marked with the date they have been
emptied and shall be reclaimed, reconditioned, or remanufactured within one year of
being emptied. Containers which previously held acute or extremely hazardous
materials are considered empty if the container has been triple-rinsed and the rinsate
managed as a hazardous waste. If the activity does not qualify for an exemption, the
activity may require a permit to treat on site.
SECTION Section 5003.3.1.2 is hereby amended to read as follows:
5003.3.1.2 Preparation.
Provisions shall be made for controlling and mitigating unauthorized discharges.
The consolidated contingency plan of the Unified Program of the hazardous material
business plan shall be prepared and maintained. Copies shall be on-site and submitted
every three years to the Fire Department as required by the provisions of the California
Health and Safety Code, Division 20, Chapter 6.95, Hazardous Materials Release
Response Plans and Inventory. Consolidated contingency plan shall mean a document
setting out an organized, planned, and coordinated course of action to be followed in
573
HOA.103903238.11 213
case of a fire, explosion, or release of hazardous substance, which could threaten
human health or the environment.
SECTION Section 5003.3.1.3 is hereby amended to read as follows:
5003.3.1.3 Control.
When an unauthorized discharge caused by primary container failure is
discovered, the involved primary container shall be repaired or removed from service.
Any waste generated as a result of the unauthorized discharge must be disposed of in
accordance with all applicable regulations pertaining to hazardous waste. If the facility
does not have an EPA ID number, it must obtain a temporary ID number from the
Department of Toxic Substance Control (DTSC) prior to disposal. EPA ID number shall
mean a number issued by DTSC and used to track hazardous waste from point of origin
to its final disposal. Provisional numbers are issued for special circumstances such as
a spill if the facility does not have a permanent number. DTSC shall mean a
Department in the California Environmental Protection Agency that is responsible for
managing and regulating hazardous waste in California.
SECTION Section 5003.3.1.4 is hereby amended to read as follows:
5003.3.1.4 Responsibility for cleanup.
The person, firm or corporation responsible for an unauthorized discharge shall
institute and complete all actions necessary to remedy the effects of such unauthorized
discharge, whether sudden or gradual, without cost to the jurisdiction. Where deemed
necessary by the fire code official, cleanup can be initiated by the fire department or by
an authorized individual or firm. Costs associated with such cleanup shall be borne by
the owner, operator or other person responsible for the unauthorized discharge. Upon
574
HOA.103903238.11 214
termination of cleanup activities, the HHMD emergency operation section of the Fire
Department must be contacted to assess cleanup measures and to clear the site for
re-occupancy or reuse. For the purposes of this section, assess shall mean any activity
taken to determine health and safety risks to the general public or the environment.
SECTION Section 5003.5 is hereby amended to read as follows:
5003.5 Hazard identification signs.
Unless otherwise exempted by the fire code official, visible hazard identification
signs as specified in NFPA 704 for the specific material contained shall be placed on
stationary containers and aboveground tanks and at entrances to locations where
hazardous materials are stored, dispensed, used or handled in quantities requiring a
permit and at specific entrances and locations designated by the fire code officia l. Each
building that stores, handles, or dispenses a hazardous material shall be conspicuously
posted with the overall occupancy hazard by using the NFPA 704 placard system for
any product or waste that has a 3 or higher rating in any category or is a sp ecial hazard.
SECTION Section 5003.8.5.2.1 is hereby added to read as follows:
5003.8.5.2.1 Ventilation and storage arrangement.
Compressed gas cylinders shall be stored within gas cabinets, exhaust
enclosures, or gas rooms. Portable or stationary tanks shall be stored within gas rooms
or exhaust enclosures. Tank vehicles or railroad tank cars engaged in the use or
dispensing of toxic or highly toxic gases shall be stored within a ventilated separate gas
storage room or placed within an exhaust enclosure. When stationary or portable
cylinders, containers, tanks, railroad tank cars, or tank vehicles are located outdoors for
575
HOA.103903238.11 215
dispensing or use of toxic or highly toxic gases, gas cabinets or exhaust enclosures
shall be provided.
SECTION Section 5003.9.1.1 is hereby amended to read as follows:
5003.9.1.1 Fire department liaison.
Responsible persons shall be designated and trained to be liaison personnel to
the fire department. These persons shall aid the fire department in preplanning
emergency responses and identifying the locations where hazardous materials are
located, and shall have access to Safety Data Sheets and be knowledgeable in the
site's emergency response procedures. These persons shall be identified as the
emergency coordinator with 24-hour contact numbers in the business plan as required
by the provisions of the California Health and Safety Code, Division 20, Chapter 6.95,
Article 1, Business and Area Plans.
SECTION Section 5003.11.3.8 is hereby amended to read as follows:
5003.11.3.8 Floors.
Floors shall be in accordance with Section 5004.12. Floors shall be level and
impervious.
SECTION Section 5005.1 is hereby amended to read as follows:
5005.1 General.
Use, dispensing and handling of hazardous materials in amounts exceeding the
maximum allowable quantity per control area set forth in Section 5003.1 shall be in
accordance with Sections 5001, 5003, and 5005. Use, dispensing and handling of
hazardous materials in amounts not exceeding the maximum allowable quantity per
576
HOA.103903238.11 216
control area set forth in Section 5003.1 shall be in accordance with Sections 5001 and
5003.
Tank vehicles and railroad tank cars shall not be used as a means of hazardous
materials storage. Indoor unloading or transfer operations from tank vehicles or railroad
tank cars shall be in accordance with Sections 5005.1 and 5005.2. Outdoor unloading
or transfer operations shall be in accordance with Sections 5005.1 and 5005.3.
SECTION Section 5005.1.10.1 is hereby added to read as follows:
5005.1.10.1 Bulk plant or terminal.
Gases or liquids having a hazard ranking of 3 or 4 in accordance with NFPA 704
shall not be transferred from a tank vehicle or tank car into the cargo tank of another
tank vehicle or tank car.
Exception: In an emergency, gases or liquids having a hazard rating of 3
or 4 may be transferred from a tank vehicle or tank car to the cargo tank of
another tank vehicle or tank car when approved by the fire code official.
SECTION Section 5601.1.3 is hereby amended to read as follows:
5601.1.3 Fireworks.
The possession, manufacture, storage, sale, handling and use of fireworks are
prohibited.
Exceptions:
. . .
4.The possession, storage, sale, handling and use of specific
types of Division 1.4G fireworks, including safe and sane,
where allowed by applicable laws, ordinances and
577
HOA.103903238.11 217
regulations, provided that such fireworks and facilities
comply with the 2006 edition of NFPA 1124, CPSC 16 CFR
Parts 1500 and 1507, and DOTn 49 CFR Parts 100–185, as
applicable for consumer fireworks and Health and Safety
Code Division 11.
SECTION Section 5601.1.4 is hereby amended to read as follows:
5601.1.4 Rocketry.
For rocketry requirements see California Code of Regulations, Title 19,
Division 1, Chapter 6, reprinted in Sections 5610, 5611, and 5612. Rocketry shall also
be in accordance with NFPA 1122, NFPA 1125, and NFPA 1127 for fire and life safety
matters not regulated by State law.
SECTION Section 5601.2.5 is hereby added to read as follows:
5601.2.5 Fees.
As required by California Health and Safety Code Section 12105, a permit for the
storage of explosives shall not be issued until after the payment of a fee of $10.00,
unless the quantity of explosives is 100 pounds or less, in which case the fee shall be
$2.00. The permit fee shall be equally divided and deposited into the Treasury of the
County of Los Angeles and into the State Treasury.
SECTION Section 5601.7 is hereby amended to read as follows:
5601.7 Seizure.
The fire code official is authorized to remove or cause to be removed or disposed
of in an approved manner, at the expense of the owner, explosives, explosive materials
or fireworks offered or exposed for sale, stored, possessed or used in violation of this
578
HOA.103903238.11 218
chapter. Seizure shall be conducted in accordance with California Health and Safety
Code, Division 11, Part 1, Chapter 8, Section 12350, et seq., and Part 2, Chapter 9,
Section 12721, et seq.
SECTION Section 5608.1 is hereby amended to read as follows:
5608.1 General.
Outdoor fFireworks displays, use of pyrotechnics before a proximate audience
and pyrotechnic special effects in motion picture, television, theatrical and group
entertainment productions shall comply with California Code of Regulations, Title 19,
Division 1, Chapter 6 Fireworks and this section chapter. Additionally, fireworks
displays and pyrotechnics before a proximate audience shall be conducted in
accordance with NFPA 1123 and/or NFPA 1126 for fire and life safety matters not
regulated by State law.
SECTION Section 5611.1 is hereby added to read as follows:
5611.1 Permits.
Permits shall be required as set forth in Section 105.5 and California Code of
Regulations, Title 19, Division 1, including Sections 1025 through 1026.
SECTION Section 5612.1 is hereby added to read as follows:
5612.1 Permits.
Permits shall be required as set forth in Section 105.5 and California Code of
Regulations, Title 19, Division 1, including Sections 1034 through 1035.
579
HOA.103903238.11 219
SECTION Section 5701.4.1 is hereby added to read as follows:
5701.4.1 Plans.
Plans shall be submitted with each application for a permit to store more than
5,000 gallons (18 925 L) of liquids outside of buildings in drums or tanks. The plans
shall indicate the method of storage, quantities to be stored, distances from buildings
and property lines, accessways, fire-protection facilities, and provisions for spill control
and secondary containment.
SECTION Section 5701.6 is hereby added to read as follows:
5701.6 Maintenance and operating practices.
Maintenance and operating practices shall be in accordance with established
procedures which will tend to control leakage and unauthorized discharge of flammable
or combustible liquids. Spills shall be cleaned up promptly.
SECTION Section 5704.2.6.1 is hereby added to read as follows:
5704.2.6.1 Waste control.
Waste liquids shall be kept in a sump, tank, or receptacle approved for this
purpose. The waste must be disposed of in accordance with the provisions of the
California Health and Safety Code, Division 20, Chapter 6.5, Hazardous Waste Control.
SECTION Section 5704.2.8.3 is hereby amended to read as follows:
5704.2.8.3 Secondary containment.
Vaults shall be substantially liquid tight and there shall not be backfill around the
tank or within the vault. The vault floor shall drain to a sump. For premanufactured
vaults, liquid tightness shall be certified as part of the listing provided by a nationally
recognized testing laboratory. For field-erected vaults, liquid tightness shall be certified
580
HOA.103903238.11 220
in an approved manner. Secondary containment shall be provided for new installations
of underground tanks and existing tanks with a breach in integrity.
SECTION Section 5704.2.8.16.1 is hereby added to read as follows:
5704.2.8.16.1 System requirements.
The fire protection system shall be a deluge type foam system, which provides a
minimum of 0.25 gpm (0.9463 L/m) over the entire vault area. The minimum duration of
the foam supply shall be 10 minutes. If a manual system is provided, it must assume a
maximum of 125 psi (861.85 kPa) at the fire department connection.
SECTION Section 5704.2.9.1.1 is hereby added to read as follows:
5704.2.9.1.1 Required foam fire protection systems.
All existing aboveground tanks exceeding 1,500 square feet (139.3546 m2) of
liquid surface area used for the storage of Class I or Class II flammable liquids shall be
provided with foam fire protection.
Exceptions:
1.Tanks with floating roofs for storage of crude oil exceeding 1,500
square feet (139.3546 m2) of liquid surface area and less than
12,300 square feet (1142.7074 m2) of liquid surface area shall have
foam fire protection only for the seal area.
2.Floating roof tanks or pressure tanks operating at or above 1 pound
per square inch gauge.
581
HOA.103903238.11 221
SECTION Section 5704.2.9.6.1.3 is hereby amended to read as follows:
5704.2.9.6.1.3 Location of tanks storing boilover liquids.
Above-ground tanks for storage of liquids with boilover characteristics shall be
located in accordance with Table 22.4.1.4 of NFPA 30. Shell-to-shell spacing between
tanks shall not be less than the diameter of the largest tank.
SECTION Section 5704.3.7 is hereby amended to read as follows:
5704.3.7 Liquid storage rooms.
Liquid storage rooms shall comply with Sections 5704.3.7.1 through
5704.3.7.5.26.
SECTION Section 5704.3.7.6 is hereby added to read as follows:
5704.3.7.6 Construction.
The construction of liquid storage rooms shall be in accordance with the Building
Code and have a minimum of one exterior wall having a door providing firefighting
access.
SECTION Section 5706.3 is hereby amended to read as follows:
5706.3 Well drilling and operating.
Wells for oil and natural gas shall be drilled and operated in accordance with
Sections 5706.3.1 through 5706.3.89.
582
HOA.103903238.11 222
SECTION Section 5706.3.1 is hereby amended to read as follows:
5706.3.1 Location.
The location of wells shall comply with Sections 5706.3.1.1 through
5706.3.1.3.24.
SECTION Section 5706.3.1.4 is hereby added to read as follows:
5706.3.1.4 Zoning regulations.
The permit for any new well shall be issued only after the applicant has complied
with applicable planning and zoning regulations.
SECTION Section 5706.3.9 is hereby added to read as follows:
5706.3.9 Permits.
For permits to drill, own, operate, or maintain an oil or natural gas well, see
Section 105.5.18. No person shall drill, own, operate, or maintain any oil or natural gas
well without first obtaining a permit.
SECTION Section 5706.4 is hereby amended to read as follows:
5706.4 Bulk plants or terminals.
Portions of properties where flammable and combustible liquids are received by
tank vessels, pipelines, tank cars or tank vehicles and stored, transferred, or blended in
bulk for the purpose of distribution by tank vessels, pipelines, tank cars, tank vehicles or
containers shall be in accordance with Sections 5706.4.1 through 5706.4.10.4.
SECTION Section 5706.5.1 is hereby amended to read as follows:
5706.5.1 General.
The provisions of Sections 5706.5.1.1 through 5706.5.1.1819 shall apply to bulk
transfer and process transfer operations; Sections 5706.5.2 and 5706.5.2.1 shall apply
583
HOA.103903238.11 223
to bulk transfer operations; Sections 5706.5.3 through 5706.5.3.3 shall apply to process
transfer operations and Sections 5706.5.4 through 5706.5.4.56 shall apply to dispensing
from tank vehicles and tank cars.
SECTION Section 5706.5.1.1 is hereby amended to read as follows:
5706.5.1.1 Location.
Bulk transfer and process transfer operations shall be conducted in approved
locations. Tank cars shall be unloaded only on private sidings or railroad-siding
facilities equipped for transferring flammable or combustible liquids. Tank vehicles and
tank cars engaged in bulk transfer or process transfer operations shall be separated
from buildings, above-ground tanks, combustible materials, lot lines, public streets,
public alleys or public ways by a distance of 25 feet (7620 mm)100 feet (30 480 mm) for
Class I liquids and 15 feet (4572 mm)25 feet (7620 mm) for Class II and IIIA liquids
measured from the nearest loading or unloading valve on the tank vehicle or tank car.
Exception: Buildings for pumps and shelters for personnel supporting
transfer operations shall not be required to be separated from tank
vehicles and tank cars engaged in bulk transfer or process transfer
operations.
SECTION Section 5706.5.1.19 is hereby added to read as follows:
5706.5.1.19 Liquid transfer.
Class I, II, or III liquids shall be transferred from a tank vehicle or tank car only
into an approved atmospheric tank or approved portable tank, except as provided in
Sections 5706.5.4.4 through 5706.5.4.6.
584
HOA.103903238.11 224
SECTION Section 5706.5.4 is hereby amended to read as follows:
5706.5.4 Dispensing from tank vehicles and tank cars.
Dispensing from tank vehicles and tank cars into the fuel tanks of motor vehicles
shall be prohibited unless allowed by and conducted in accordance with
Sections 5706.5.4.1 through 5706.5.4.56.
SECTION Section 5706.5.4.6 is hereby added to read as follows:
5706.5.4.6 Time limit for unloading and permit.
Tank vehicles and railroad tank cars shall be unloaded as soon as possible after
arrival at point of delivery and shall not be used as storage tanks. Tank cars shall be
unloaded only on private sidings or railroad siding facilities equipped for transferring the
liquid between tank cars and permanent storage tanks. A permit shall be required for a
tank car to remain on a siding at the point of delivery while connected for transfer
operations. Transfer operations shall be in accordance with Department of
Transportation ("DOT'") requirements and this code.
SECTION Section 5706.6.1 is hereby amended to read as follows:
5706.6.1 Operation of tank vehicles.
Tank vehicles shall be utilized and operated in accordance with NFPA 385 and
Sections 5706.6.1.1 through 5706.6.1.1112.
SECTION Section 5706.6.1.12 is hereby added to read as follows:
5706.6.1.12 Transfer of cargo.
Class I, II, or III liquids shall not be transferred from a tank vehicle or tank car into
the cargo tank of another tank vehicle or tank car.
585
HOA.103903238.11 225
Exception: In an emergency, Class I, II, or III liquids may be transferred
from a tank vehicle or tank car to the cargo tank of another tank vehicle or
tank car when approved by the fire code official.
SECTION Section 6104.4 is hereby amended to read as follows:
6104.4 Multiple LP-gas container installations.
. . .
Where one of these forms of protection is provided, the separation shall be not
less than 25 feet (7620 mm) between LP-gas container groups.
At LP-gas multicontainer installations, the aggregate capacity of the containers
shall be used to determine minimum distances to the buildings or adjoining property
lines.
SECTION Section 6104.5 is hereby added to read as follows:
6104.5 Tank car and tank vehicle stations.
Tank car and tank vehicle bulk loading and unloading stations shall be located
not less than 100 feet from buildings, sources of ignition, or adjoining property lines that
may be built upon.
SECTION Section 6104.6 is hereby added to read as follows:
6104.6 Container orientation.
Unless special protection is provided and approved by the fire code official,
LP-gas containers shall be oriented so that the longitudinal axes do not point toward
other LP-gas containers, vital process equipment, control rooms, loading stations,
flammable liquid storage tanks, or other special hazards.
586
HOA.103903238.11 226
SECTION Section 6106.1 is hereby amended to read as follows:
6106.1 Attendants.
Dispensing of LP-gas shall be performed by a qualified attendant. Self-service
LP-gas dispensing open to the public is prohibited.
SECTION Chapter 81 is hereby added to read as follows:
CHAPTER 81 AUTOMOBILE WRECKING YARDS
8101 GENERAL
8101.1 Scope.
Automobile wrecking yards shall comply with the requirements of Chapter 81.
For rubbish-handling operations, see Chapters 3 and 23.
8102 DEFINITIONS
8102.1 Limited application.
For the purposes of this chapter, the following term is defined:
MOTOR VEHICLE FLUIDS. Liquids which are flammable, combustible,
or hazardous materials, such as crankcase fluids, fuel, brake fluids,
transmission fluids, radiator fluids, and gear oil. This definition does not
include liquids which are permanently sealed, such as hydraulic fluid
within shock absorbers.
8103 PERMITS
Permits to operate automobile wrecking yards are required. Permits shall be
required as set forth in Sections 105.5 and 105.6.
587
HOA.103903238.11 227
8104 FIRE APPARATUS ACCESS ROADS
Fire apparatus access roads shall be constructed and maintained throughout the
site in accordance with Section 503 of this code. Aisles or passageways shall be
provided so as to allow fire department hose streams to reach all stored items and
material.
8105 WELDING AND CUTTING
Welding and cutting operations shall be in accordance with Chapters 35 and
53 of this code.
8106 HOUSEKEEPING
Combustible rubbish accumulated on the site shall be collected and stored in
approved containers, rooms, or vaults of noncombustible materials. Combustible
vegetation, cut or uncut, shall be removed when determined by the fire code official to
be a fire hazard.
8107 FIRE PROTECTION
Offices, storage buildings, and vehicles used for site operations shall each be
provided with at least one portable fire extinguisher with a rating of not less than 4-A:
40-B: C. When required by the fire code official, additional portable fire extinguishers
shall be provided in specific use areas in accordance with Section 906.
8108 TIRES
Tires shall be stored on racks in an approved manner or shall be piled in
accordance with Chapter 34 and Section 315.4.
588
HOA.103903238.11 228
8109 BURNING OPERATIONS
The burning of salvage vehicles and salvage or waste materials shall be in
accordance with Section 307 and federal, State, or local air quality control regulations.
8110 MOTOR VEHICLE FLUIDS AND HAZARDOUS
MATERIALS
8110.1 General.
The storage, use, and handling of motor vehicle fluids and hazardous materials,
such as those used to operate air bags and electrical systems, shall be in accordance
with Section 8110 and this code, including Chapters 23, 50, and 57.
8110.2 Motor vehicle fluids.
Motor vehicle fluids shall be drained from salvage vehicles when such fluids are
leaking. Storage and handling of motor vehicle fluids shall be done in an approved
manner. Flammable and combustible liquids shall be stored and handled in accordance
with this code, including Chapters 23, 50, and 57.
8110.3 Mitigation for vehicle fluid leaks.
Supplies or equipment capable of mitigating leaks of such fluids as those found
in fuel tanks, crankcases, brake systems, and transmissions shall be kept available on-
site. Single-use plugging, diking, and absorbent materials shall be disposed of as
hazardous waste and removed from the site in a manner approved by federal, State, or
local requirements.
589
HOA.103903238.11 229
8110.4 Batteries.
Batteries shall be removed from salvaged vehicles when such batteries are
compromised. Batteries that have been removed from vehicles shall be stored in an
approved manner.
SECTION Chapter 82 is hereby added to read as follows:
CHAPTER 82 INFRACTIONS
8201 GENERAL
8201.1 Offenses deemed infractions.
In accordance with Section 112.4, the violation of the following sections or
subsections shall be infractions:
Section Offense
303.1–303.9 Asphalt kettles
304.1.1 Waste material
304.1.2 Vegetation
304.2 Combustible waste rubbish – storage
305.2 Hot ashes and spontaneous ignition sources
310.4 Removal "No Smoking" sign
315.3.2 Stairway – storage under
503.4 Obstructing access roadway
505.1 Address identification
507.5.4–507.5.5 Obstruction of fire hydrants
507.5.6 Physical protection – fire hydrants
507.5.7 Firefighting water source markers
507.5.8 Identification – private fire hydrant
507.5.9 Private fire hydrant caps or plugs
603.6 Electrical extension cords
901.6.4.1 Signage – aboveground water-control valves
901.6.4.2 Locks – aboveground water-control valves
901.6.4.3 Painting identification – aboveground water-control valves
901.7 Failure to notify Fire Department
590
HOA.103903238.11 230
Section Offense
906.1–906.10 Fire extinguishers
912.5 and 912.8 Identification – fire department connection
912.9 Breakable caps or plugs – fire department connection
1009.9 Exit doors identification
1010.2.2 Door-operating devices
2003.2 "No Smoking" signs within aircraft hangars
2108.4 Fire extinguisher – dry cleaning plant
2108.5 No smoking signs – dry cleaning plant
2311.2.2 Waste oil storage
2403.2.7 Welding warning signs
2403.4 Operations and maintenance
2403.4.3 Metal waste cans for rags and waste
2404.7.8.5 Filter disposal
2405.3.4 Dip-tank covers
2405.4.2 Portable fire protection equipment
2406.5 Maintenance – powder coating
2407.5.1 Maintenance – electrostatic apparatus
2407.5.2 Signs – "Danger"
2408.5 Sources of ignition (organic peroxides)
2505.1 Housekeeping – fruit ripening room
2803.3.1 Lumber yards – housekeeping
2803.3.3 Combustible waste
3103.12.6.1 Exit sign illumination
3107.18 Vegetation removal
3603.2 Open flame device – boat or marina
3603.4 Rubbish containers – marina
3604.4 Portable fire extinguishers – marinas
4811.9 Fire Department access – motion picture production
locations
4811.12 Blocked or obstructed fire hydrants and appliances
5003.5 Hazardous materials signage
5003.7.1 No smoking signs – hazardous materials
5004.11 Combustible materials clearance – hazardous materials
storage
5005.3.8 Combustible materials clearance – hazardous materials use
591
HOA.103903238.11 231
Section Offense
5303.4 Markings – compressed gases
5303.5 Security – compressed gases
5701.6 Maintenance and operating practices – flammable and
combustible liquids
5704.2.3.1 "No smoking" sign
5704.3.3.4 Empty containers
6107.2 "No smoking" signs – LPG container
6107.3 Combustible material clearance LPG container
8104 Auto wrecking yards – fire apparatus access
8201.2 Penalties for infractions.
Every violation determined to be an infraction is punishable by a fine not to
exceed $100 for the first violation, $200 for the second, $500 for the third, and $500 for
each additional violation of the same ordinance within one year. Each such violation is
a separate offense for each and every day during any portion of which such violation is
committed or allowed to continue. For the purposes of this section a forfeiture of bail
shall be equivalent to a conviction.
592
HOA.103903238.11 232
SECTION Chapter 83 is hereby added to read as follows:
CHAPTER 83 CONSOLIDATED FIRE PROTECTION DISTRICT OF
LOS ANGELES COUNTY FIRE CODE
8301 FIRE CODE ADOPTED
Title 32 (Fire Code) of the Los Angeles County Code is hereby adopted and
incorporated herein by reference at this point as if set forth at length herein as the Fire
Code for the Consolidated Fire Protection District of Los Angeles County (District).
A copy of Title 32 of the Los Angeles County Code has been filed in the
Executive Office of the Board of Supervisors and shall be at all times maintained by the
executive office for use and inspection by the public.
8302 AREAS REGULATED
The District finds and declares that this code does not occupy the whole area of
any subject matter regulated or covered therein except where this code expressly states
its intent to occupy the whole area of any subject matter regulated or covered therein.
Thus, in enacting this ordinance, it is not the intent of the District to preempt or
otherwise nullify any other local ordinance containing different standards and
protections.
8303 APPLICABILITY
Except as provided in California Health and Safety Code Section 13869.7, this
code shall apply to, and be enforceable in, all areas, including cities and unincorporated
areas, served by the District. All references in this code to the California Building Code,
Residential Code, Mechanical Code, Plumbing Code, Green Building Standards Code,
Fire Code, and Electrical Code shall mean the appropriate legally applicable code
593
HOA.103903238.11 233
adopted by each incorporated city that is a part of the District, or receives services from
the District.
SECTION Appendix B, Section B103.3 is hereby amended to read as
follows:
B103.3 Areas without water supply systems.
For information regarding water supplies for fire-fighting purposes in rural and
suburban areas in which adequate and reliable water supply systems do not exist, the
fire code official is authorized to utilize NFPA 1142.This section shall only apply to
buildings equipped with a fire sprinkler system. Parcels that are located outside the
service boundary, above the existing pressure zone, or more than 2,000 linear feet
(609.6 m) from an existing water main of a water purveyor may provide an on-site water
supply, when approved by the fire code official. For one-family dwellings the water
supply shall be in accordance with Table B103.3. For other than one-family dwellings,
the water supply shall be in accordance with the NFPA 1142 or NFPA 13 water supply
requirement, whichever is greater.
SECTION Appendix B, Table B103.3 is hereby added to read as
follows:
TABLE B103.3
TANK SIZES FOR ONE-FAMILY DWELLINGS
FIRE-FLOW CALCULATION AREA TANK SIZE
0–3,600 square feet 7,500 gal
3,601–5,999 square feet 10,000 gal
6,000 square feet and greater 12,500 gal
594
HOA.103903238.11 234
SECTION Appendix B, Section B104.2 is hereby amended to read as
follows:
B104.2 Area separation.
Portions of buildings that are separated by fire walls without openings,
constructed in accordance with the California Building Code, are allowed to be
considered as separate fire-flow calculation areas. Fire barriers or fire partitions cannot
be used to create separate fire-flow calculation areas.
SECTION Appendix B, Section B105.1 is hereby amended to read as
follows:
B105.1 One- and two-family dwellings, Group R-3 and R-4
buildings and townhouses.
The minimum fire-flow and flow duration requirements for one- and two-family
dwellings, Group R-3 and R-4 buildings and townhouses shall be as specified in Tables
B105.1(1) and B105.1(2).
Exception: The minimum fire-flow for one- and two-family dwellings, and
Group R-3 buildings located in a fire hazard zone shall not be less than
1,250 gallons per minute (15 141.6 L/min) for a 1-hour duration at 20 psi
(138 kPa).
SECTION Appendix B, Table B105.2 is hereby amended to read as follows:
595
HOA.103903238.11 235
TABLE B105.2
REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-
FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES
AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)
MINIMUM FIRE-
FLOW
(gallons per minute)
FLOW DURATION
(hours)
No automatic sprinkler system Value in Table
B105.1(2)
Duration in
Table B105.1(2)
Section 903.3.1.1 or Section
903.3.1.2 of the California Fire
Code
2550% of the value in
Table B105.1(2)a
Duration in Table B105.1(2)
at the reduced flow rate
Section 903.3.1.2 of the California
Fire Code
25% of the value in
Table B105.1(2)b
Duration in Table B105.1(2)
at the reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a.The reduced fire flow shall be not less than 1 , 0001,500 gallons per minute.
b.The reduced fire flow shall be not less than 1,500 gallons per minute.Reserved.
SECTION Appendix B, Section B105.4 is hereby added to read as
follows:
B105.4 Mobilehome parks.
The required fire-flow for mobilehome parks shall be 1,250 gallons per minute
(4731.765 L/min), for a duration of 1 hour and with public hydrant spacing of not more
than 600 feet (182 880 mm) apart. For mobilehome parks located in the High or Very
High Fire Hazard Severity Zones, the required fire flow shall instead be 2,000 gallons
per minute (7570.824 L/min) for a duration of 1 hour. In either location, for recreational
596
HOA.103903238.11 236
buildings located within a mobilehome park, the fire-flow and duration shall be according
to the fire-flow calculation area set forth in Table B105.1(2).
SECTION Appendix B, Section B105.5 is hereby added to read as
follows:
B105.5 Land subdivision projects.
For the subdivision of undeveloped land for other than single-family dwellings,
due to the undetermined building size and type of construction, the required fire flow
shall be 4,000 gallons per minute (15 141.6 L/min) for a duration of 4 hours with public
hydrant spacing of 300 feet (91 440 mm). The required fire-flow for the subdivision of
land consisting of lots having existing structures shall be in accordance with Table
B105.1(2) for fire-flow and duration.
SECTION Appendix C, Section C102 is hereby amended to read as
follows:
C102 NUMBER OF FIRE HYDRANTSLOCATION
SECTION Appendix C, Section C102.1 is hereby amended to read as
follows:
C102.1 Minimum number of fire hydrants for a building Fire
hydrant locations.
The number of fire hydrants available to a building shall be not less than the
minimum specified in Table C102.1Fire hydrants shall be provided at intersections and
along required fire apparatus access roads and adjacent public streets.
597
HOA.103903238.11 237
SECTION Appendix C, Table C102.1 is hereby deleted in entirety as follows:
TABLE C102.1
REQUIRED NUMBER AND SPACING OF FIRE HYDRANTSh
FIRE-FLOW
REQUIREMENT
(gpm)
MINIMUM
NUMBER
OF
HYDRANTS
AVERAGE
SPACING
BETWEEN
HYDRANTSa,b,c,f,g
(feet)
MAXIMUM DISTANCE FROM
ANY POINT ON STREET OR
ROAD FRONTAGE TO A
HYDRANTd,f,g
1,750 or less 1 500 250
1,751-2,250 2 450 225
2,251-2,750 3 450 225
2,751-3,250 3 400 225
3,251-4,000 4 350 210
4,001-5,000 5 300 180
5,001-5,500 6 300 180
5,501-6,000 6 250 150
6,001-7,000 7 250 150
7,001 or more 8 or moree 200 120
For SI: 1 foot = 304.8 mm, 1 gallon per minute = 3.785 L/m.
a. Reduce by 100 feet for dead-end streets or roads.
b. Where streets are provided with median dividers that cannot be crossed by fire
fighters pulling hose lines, or where arterial streets are provided with four or more
traffic lanes and have a traffic count of more than 30,000 vehicles per day,
hydrant spacing shall average 500 feet on each side of the street and be
arranged on an alternating basis.
598
HOA.103903238.11 238
c. Where new water mains are extended along streets where hydrants are not
needed for protection of structures or similar fire problems, fire hydrants shall be
provided at spacing not to exceed 1,000 feet to provide for transportation
hazards.
d. Reduce by 50 feet for dead-end streets or roads.
e. One hydrant for each 1,000 gallons per minute or fraction thereof.
f. A 50-percent spacing increase shall be permitted where the building is equipped
throughout with an approved automatic sprinkler system in accordance with
Section 903.3.1.1 of the California Fire Code.
g. A 25-percent spacing increase shall be permitted where the building is equipped
throughout with an approved automatic sprinkler system in accordance with
Section 903.3.1.2 or 903.3.1.3 of the California Fire Code or Section 313 of the
California Residential Code.
h. The fire code official is authorized to modify the location, number and distribution
of fire hydrants based on site-specific constraints and hazards.
SECTION Appendix C, Section C102.2 is hereby added to read as
follows:
C102.2 Location on street.
Public hydrants shall be required on both sides of the street whenever streets are
64 feet (19 507 mm) or greater in width and containing four or more traffic lanes; or
have raised median center dividers that make access to hydrants difficult, cause time
delays, and/or create an undue hazard as determined by the fire code official.
599
HOA.103903238.11 239
SECTION Appendix C, Section C103 is hereby amended to read as
follows:
C103 FIRE HYDRANT SPACINGNUMBER OF HYDRANTS
C103.1 Hydrant spacingFire hydrants available.
Fire apparatus access roads and public streets providing required access to
buildings in accordance with Section 503 shall be provided with one or more fire
hydrants, as determined by Section C102.1. Where more than one fire hydrant is
required, the distance between required fire hydrants shall be in accordance with
Sections C103.2 and C103.3The minimum number of fire hydrants available to a
building, complex or subdivision shall not be less than that determined by the spacing
requirements in Sections C105 and C106 when applied to fire apparatus access roads
and perimeter public streets from which fire operations could be conducted.
SECTION Appendix C, Section C103.2 is hereby deleted as follows:
C103.2 Average spacing.
The average spacing between fire hydrants shall be in accordance with Table
C102.1.
Exception: The average spacing shall be permitted to be increased by 10
percent where existing fire hydrants provide all or a portion of the required
number of fire hydrants.
SECTION Appendix C, Section C103.3 is hereby deleted as follows:
C103.3 Maximum spacing.
The maximum spacing between fire hydrants shall be in accordance with Table
C102.1.
600
HOA.103903238.11 240
SECTION Appendix C, Section C104.1 is hereby amended to read as
follows:
C104.1 Existing fire hydrants.
Existing fire hydrants on public streets are allowed to be considered as available
to meet the requirements of Sections C102 and C103. Existing fire hydrants on
adjacent properties are allowed to be considered as available to meet the requirements
of Sections C102 and C103 provided that a fire apparatus access roads extends
between properties and that an easements isare established to prevent obstruction of
such roads.
SECTION Appendix C, Section C105 is hereby amended to read as
follows:
C105 REFERENCED STANDARDDISTRIBUTION OF FIRE
HYDRANTS
SECTION Appendix C, Section C105.1 is hereby amended to read as
follows:
C105.1 GeneralHydrant spacing.
See Table C105.1 for standards that are referenced in various sections of this
appendix. Standards are listed by the standard identification with the effective date,
standard title, and the section or sections of this appendix that reference t he
standard.Fire hydrants shall be spaced in accordance with Sections C105.2 through
C105.4.
601
HOA.103903238.11 241
SECTION Appendix C, Table C105.1 is hereby deleted in entirety as follows:
TABLE C105.1
REFERENCED STANDARD
STANDARD
ACRONYM STANDARD NAME
SECTION
HEREIN
REFERENCED
CRC—22 California Residential Code Table C102.1
SECTION Appendix C, Section C105.2 is hereby added to read as
follows:
C105.2 One- and two-family dwellings, and Group R-3 buildings.
For one- and two-family dwellings, and Group R-3 buildings, fire hydrants shall
be spaced no more than 600 feet (182.88 m) apart. For properties with more than one
dwelling unit per acre, no portion of lot frontage should be more than 450 feet (137.16
m) away, via fire apparatus access, from a public hydrant. For properties less than one
dwelling unit per acre, no portion of a fire apparatus access roadway shall be farther
than 750 feet (228.6 m) away, via fire apparatus access, from a properly spaced public
hydrant that meets the required fire-flow.
SECTION Appendix C, Section C105.3 is hereby added to read as
follows:
C105.3 Buildings other than one- and two-family dwellings, and
Group R-3 buildings.
For all occupancies other than one- and two-family dwellings, and Group R-3
buildings, including commercial, industrial, multifamily dwellings, private schools, and
602
HOA.103903238.11 242
institutions, fire hydrant spacing shall be 300 feet (91.44 m). No portion of lot frontage
shall be more than 200 feet (60.96 m), via fire apparatus access, from a public hydrant.
SECTION Appendix C, Section C105.4 is hereby added to read as
follows:
C105.4 Cul-de-sac hydrant location.
When cul-de-sac depth exceeds 450 feet (137.16 m) (residential) or 200 feet
(60.96 m) (commercial), hydrants shall be required at mid-block. Additional hydrants
will be required if hydrant spacing exceeds specified distances in Sections C105.2 and
C105.3.
SECTION Appendix C Section C106 is hereby added to read as
follows:
C106 ON-SITE HYDRANTS
C106.1 Required on-site hydrants.
When any portion of a proposed structure exceeds the allowable distances from
a public hydrant, via fire apparatus access, on-site hydrants shall be provided. The
spacing distance between on-site hydrants shall be 300 to 400 feet (91 440 mm to 121
920 mm). All on-site fire hydrants shall have, at a minimum, a fire-flow of 1,250 gallons
per minute (4732 L/min) at 20 psi (137.895 kPa) for a duration of 2 hours. If more than
one on-site fire hydrant is required, the fire flow shall be the lesser of either the required
fire flow for the building, or 2,500 gallons per minute (9463.53 L/min) at 20 psi (137.895
kPa) for a duration of 2 hours. All on-site hydrants shall be installed a minimum of
25 feet (7620 mm) from a structure or protected by a 2-hour firewall.
603
HOA.103903238.11 243
Exception: For fully sprinklered multifamily residential structures, on-site
hydrants may be installed a minimum of 10 feet (3.05 m) from the
structure.
SECTION Appendix O, Section O101.2 is hereby amended to read as follows:
O101.2 Permits.
An place of assembly operational permit shall be required forto operate
temporary amusement haunted houses, ghost walks, or similar amusement uses in
accordance with Appendix O101.2.
SECTION Appendix O, Section O101.2.1 is hereby amended to read
as follows:
O101.2.1 Permit documents.
The permit applicationapplicant shall submit construction documents for approval
which include, at a minimum, a dimensioned site plan and floor plan.
. . .
SECTION Appendix O, Section O101.3 is hereby added to read as
follows:
O101.3 Jurisdictional building and planning department
approval.
Approval to operate a temporary amusement haunted house or similar use or to
change the approved use of an existing building, or portion thereof, for temporary
amusement haunted house or similar use shall be approved by the jurisdictional
building official and planning official prior to the Fire Department's final construction
approval and issuance of an operational permit.
604
HOA.103903238.11 244
SECTION Appendix O, Section O102.2 is hereby amended to read as
follows:
O102.2 TEMPORARY AMUSEMENT HAUNTED HOUSE.
A temporary building or structure, or portion thereof, which contains a system
that transports passengers or provides a walkway through a course so arranged that the
means of egresses are not apparent due to theatrical distractions, not visible due to low
illumination, are disguised or are not readily available due to the method of
transportation through the building or structure. These are usually used during the
Halloween season for amusement or entertainment purposes where decorative
materials, props, visual effects, or audio effects are utilized to create theatrical
environment. A temporary amusement haunted house may be deemed a special
amusement area by the fire code official depending on the floor plan layout, lighting, or
visual distractions used and the effects those elements have on identifying and
accessing the means of egress in the event of a fire or an emergency.
SECTION Appendix O, Section O102.3 is hereby amended to read as
follows:
O102.3 GHOST WALKS.
Similar to temporary amusement haunted houses and may include both indoor
and outdoor areas where the means of egresses are similarly not readily
identifiableused for amusement or entertainment purposes.
SECTION Appendix O, Section O102.4 is hereby added to read as
follows:
605
HOA.103903238.11 245
O102.4 TEMPORARY.
Temporary shall mean amusement use of buildings or structures, or portion
thereof, at one location for not more than 90 days within a one-year period.
SECTION Appendix O, Section O102.5 is hereby added to read as
follows:
O102.5 SPECIAL AMUSEMENT AREA.
A special amusement area is any temporary, permanent, or mobile building or
portion thereof that is occupied for amusement, entertainment or educational purposes
and is arranged in a manner that:
1. Makes the means of egress path not readily apparent due to visual
and audio distractions, or
2.Intentionally confounds identification of the means of egress path,
or
3. Otherwise makes the means of egress path not readily available
because of the nature of the attraction or mode of conveyance
through the special amusement area, building, structure or portion
thereof.
606
HOA.103903238.11 246
SECTION Appendix O, Section O103.1 is hereby amended to read as follows:
O103.1 Allowable structures.
Temporary amusement Hhaunted houses, ghost walks, and similar amusement
uses which meet the definition of a Special Amusement Area shall only be located in
structures that comply with the provisions for Special Amusement Areas in accordance
with the California Building Code, and any applicable requirements in the County Code.
SECTION Appendix O, Section O103.7 is hereby amended to read as
follows:
O103.7 Fire protection.
Temporary amusement Hhaunted houses and, ghost walks, and similar
amusement uses which meet the definition of a Special Amusement Area shall be
provided with fire protection systems in accordance with Appendix O103.7.
. . .
SECTION Appendix O, Section O103.7.2 is hereby amended to read
as follows:
O103.7.2 Fire detection systems.
An approved automatic fire detection system shall be provided in accordance
with Section 907.2.12, as required for Special aAmusement buildingsAreas.
607
HOA.103903238.11 247
SECTION Appendix O, Section O103.7.4 is hereby amended to read as
follows:
O103.7.4 Emergency voice alarm.
Provide an emergency voice/alarm communication system in accordance with
Section 907.2.12, as required for Special aAmusement buildingsAreas.
SECTION Appendix O, Section O103.9 is hereby amended to read as
follows:
O103.9 Decorative materials and interior finishes.
Interior wall, ceiling, and floor finishes shall be Class A rated in accordance with
the California Building Code, and any applicable requirements in the County Code.
SECTION Appendix O, Section O103.15 is hereby amended to read as
follows:
O103.15 Maintenance.
Good housekeeping shall be maintained at all times throughout exhibit and exit
pathways. The means of egress system shall not be obstructed during event operation.
SECTION Appendix PP is hereby added to read as follows:
APPENDIX PP LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY
ZONES
PP101 GENERAL
PP101.1 Scope.
This appendix defines Local Agency Very High Fire Hazard Severity Zones and
provides the legal description of the geographic areas for the installation of fire sprinkler
systems in occupancies as required by Section 903.2.11.7.
608
HOA.103903238.11 248
PP101.2 DEFINITIONS
See Chapter 49 for definitions.
PP102 LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY
ZONES
PP102.1 General.
Local Agency Very High Fire Hazard Severity Zones, as defined in
Section 4902.1 of this code, are hereby designated in those areas as specified in
Sections PP102.2 and PP102.3 of Appendix PP. Also see Chapter 49.
PP102.2 Designation of Local Agency Very High Fire Hazard
Severity Zones (VHFHSZ) in incorporated cities of the Consolidated Fire
Protection District of Los Angeles County.
The following incorporated cities are designated as being located wholly or in
part in the Local Responsibility Area Very High Fire Hazard Severity Zone:
Agoura Hills, Azusa, Bradbury, Calabasas, Claremont, Covina, Diamond Bar, Duarte,
Glendora, Hidden Hills, Irwindale, La Canada Flintridge, La Habra, La Mirada, Malibu,
Palmdale, Palos Verdes Estates, Pomona, Rancho Palos Verdes, Rolling Hills,
Rolling Hills Estates, San Dimas, Santa Clarita, Walnut, Westlake Village, and Whittier.
PP102.3 Designation of Local Agency Very High Fire Hazard
Severity Zones (VHFHSZ) in unincorporated areas of Los Angeles County.
The following unincorporated areas located near the following jurisdictions are
designated as being located wholly or in part in the Local Responsibility Area Fire
Hazard Severity Zones: Angeles National Forest, City of Hidden Hills, parcels between
the City of Agoura Hills and the City of Calabasas, Santa Monica Mountains, parcels
609
HOA.103903238.11 249
south of the City of Diamond Bar, parcels north of the City of Whittier, S an Dimas,
Covina, West Covina, parcels located east of the Cities of Covina and West Covina,
Universal City, parcels west of Rolling Hills, Baldwin Hills, Catalina Island, Claremont,
Claremont Island, Glendora, Azusa, La Habra Heights, Whittier, West Hills and
Valley Boulevard, the Malibu–Santa Monica Mountains Area, and the San Gabriel
Mountains Southface Area.
PP102.4 Parcel identification.
All map and parcel identification, fire hazard severity zone designation, and other
information for those areas as specified in Sections PP102.2 and PP102.3 shall be
accessible to property owners and the public at the Fire Department's fire prevention
engineering unit offices or at the Forestry Division's fuel modification unit office.
PP102.5 Periodic review.
The fire code official shall periodically review the areas in the Consolidated Fire
Protection District of Los Angeles County identified as Fire Hazard Severity Zones
pursuant to this section, and as necessary, make recommendations to revise the Fire
Hazard Severity Zones. See California Government Code Sections 51175 through
51189.
PP103 SAN GABRIEL MOUNTAINS SOUTHFACE AREA AND
MALIBU–SANTA MONICA MOUNTAINS AREA
PP103.1 General.
The San Gabriel Mountains Southface Area and the Malibu–Santa Monica
Mountains Area are hereby designated in those areas as specified in Sections PP103.2
and PP103.3 of Appendix PP. Also see Section 903.2.11.7.
610
HOA.103903238.11 250
PP103.2 Malibu–Santa Monica Mountains Area.
Beginning at a point where the Los Angeles County–Ventura County boundary
line meets the Pacific Ocean mean high tide line. This being the true point of beginning.
Thence, northeasterly along said Los Angeles County boundary line and all its various
courses to the City of Los Angeles boundary line along the southerly line of Section 9,
Township 1 North, Range 17 West, San Bernardino Base Meridian. Thence,
southeasterly along said city boundary and all its various courses to the Pacific Ocean
mean high tide line. Thence, westerly along said mean high tide line and all its various
courses to the point of the beginning.
PP103.3 San Gabriel Mountains Southface Area.
Beginning at a point where Interstate 5 Freeway and Latitude 34 degrees,
21 minutes (Northern Hemisphere) intersect. This being the true point of beginning.
Thence, east along said Latitude of 34 degrees, 21 minutes to the Los Angeles
County–San Bernardino County boundary line. Thence, south along the Los Angeles
County Boundary to State Highway 30 (Baseline Road). Thence, west on State
Highway 30 to Interstate Freeway 210, along Interstate 210 Freeway to the Interstate 5
Freeway. Thence, north on said Interstate 5 Freeway to the point of beginning.
SECTION Appendix QQ is hereby added to read as follows:
APPENDIX QQ LOS ANGELES COUNTY (LAC) FIRE-CODE FEE
SCHEDULE
QQ101 GENERAL
Unless otherwise expressly stated herein, or stipulated otherwise in other
applicable laws, fees for the services to be rendered by the Los Angeles County Fire
611
HOA.103903238.11 251
Department (“Department”), as reflected in the descriptions and tables of this fee
schedule, shall be payable to the Consolidated Fire Protection District of Los Angeles
County (“District”), sometimes referred to as the Department (the administering agency
of the District).
QQ101.1 Annual review of fees.
Fees in this schedule shall be reviewed annually by the Department. The
amount of each fee shall be adjusted as follows: calculate the hourly rate for all
positions included in the fee calculations based on the Los Angeles County Board of
Supervisors–approved salaries and employee benefits, and Los Angeles County
Auditor-Controller–approved overhead rates. The adjusted fee shall be rounded to the
nearest dollar; however, no fee shall exceed the cost of providing the service for which
the fee is collected.
QQ102 DEFINITIONS
The following words and terms are defined for the purpose of this fee schedule.
Where words or terms are not defined herein, their meaning shall be in accordance with
the Fire Code, Title 32, of the Los Angeles County Code, or other title of the
Los Angeles County Code as most appropriate.
DEFENSIBLE SPACE (D-SPACE) INSPECTION. Inspection required by the
State of California and local ordinance for provision of brush clearance as
described in Sections 325, 327, and 4907 of Title 32 (Fire Code) of the
Los Angeles County Code.
FINAL MAP. Term used by the jurisdictional planning agency to refer to the
version of a subdivision map that, after receiving all necessary approvals from all
612
HOA.103903238.11 252
necessary entities, may be filed in the office of the county recorder. Generally,
the “final map” review process is preceded by a “tentative map” review process,
but in certain cases laws may allow a “parcel map” to be considered the final
map.
FIRE PROTECTION PLAN. A document prepared, per Chapter 49, for a specific
project or development proposed for a Wildland-Urban Interface (WUI) Fire Area.
It describes ways to minimize and mitigate potential for loss from wildfire
exposure. The fire code official is authorized to require a preliminary fire
protection plan prior to the submission of a final fire protection plan.
PRELIMINARY FIRE PROTECTION PLAN. See Chapter 49, Section
4903.
FINAL FIRE PROTECTION PLAN. See Chapter 49, Section 4903.
FUEL MODIFICATION. See Chapter 49, including Section 4902 (Definitions),
and Section 4906 (Vegetation Management).
LACC. Los Angeles County Code.
LAND DEVELOPMENT UNIT (LDU). A unit of the Department Fire Prevention
Division, the duties of which normally include determination of Fire Department
conditions pertaining to water and access on applications for subdivisions,
entitlements and discretionary permits within the jurisdiction of the District.
LOT. The terms "lot" and “parcel” shall be used synonymously.
PARCEL. The terms "parcel" and “lot” shall be used synonymously.
PARCEL MAP. A map for subdivisions, per California Government Code,
Section 66426, and any other applicable laws. Generally, this term is used to
613
HOA.103903238.11 253
refer to application maps for subdivisions that result in no more than 4 lots. See
“FINAL MAP.”
PUBLIC ROAD EASEMENT VACATION. Also referred to as a “street vacation.”
The complete or partial abandonment or termination of the public right to use a
street, highway, or public service easement. See California Streets and Highway
Code, Division 9, Part 3, for more details.
SUBDIVISION. See definition in the California Subdivision Map Act
(Government Code Section 66424).
TENTATIVE MAP.Term referring to a map made for the purpose of showing
the design and improvement of a proposed subdivision, and the existing
conditions in and around it, for review during an early stage of the subdivision
application process. It need not be based upon an accurate or detailed final
survey of the property. See “FINAL MAP” and “PARCEL MAP.”
TRACT MAP. Descriptor of maps used to distinguish subdivisions resulting in 5
or more lots.
QQ103 FORESTRY DIVISION SERVICE FEES.
QQ103.1 Oak tree review fees.
QQ103.1.1 Initial survey.
Upon receiving request for an oak tree environmental review, the site will be
surveyed by the County Forester to determine the number of trees requiring review.
The fee assessment will be based on that number.
614
HOA.103903238.11 254
TABLE QQ103.1(1)
OAK TREE PLAN REVIEW
NUMBER OF TREES FEE
1 1–15 $900.00
2 16–50 $1,000.00
3 51–100 $1,800.00
4 101–200 $2,799.00
5 201–400 $4,799.00
6 ≥401 $7,998.00
TABLE QQ103.1(2)
OAK TREE INSPECTION
SERVICE FEE
1 Inspection $376.00
QQ103.2 Fuel-modification fees.
TABLE QQ103.2
FUEL MODIFICATION PLAN — REVIEW AND INSPECTION
CONSTRUCTION APPLICATIONS — Description FEEa
1.)Barns, garages, accessory structures $624.00
2.)New residential, commercial, or industrial structures:
a.)< 2,500 sq. ft. in total area $723.00
b.)≥ 2,500 sq. ft. in total area $845.00
3.)Additions/modifications to existing residential, commercial, or industrial
structures which increase the square footage or footprint of the structure by
50 percent or more and for which the addition/modification is:
a.)< 2,500 sq. ft. in total area $723.00
b.)≥ 2,500 sq. ft. in total area $845.00
4.)Change of occupancy:
615
HOA.103903238.11 255
a.)≤ 2,500 sq. ft.$723.00
b.)> 2,500 sq. ft.$845.00
5.)Tracts only, where the residential structures are proposed to
be built by the same individual or entity: New residential
structure ≥ 2,500 sq. ft. in total area, within currently
developing tracts of 25 or more lots
$732.00
SUBDIVISION MAPS REVIEW PROCESS — Description FEEa
6.)Subdivision where proposal would result in 4 or fewer lots
a.)Fire protection plan review $162.00
7.)Subdivision where proposal would result in 5 or more lots
a.)Preliminary fire protection plan review $1,133.00
b.)Final fire protection plan review —includes lots 5–20 $1,230.00
c.)Final fire protection plan review —each additional 10
lots, or portion
thereof, over 20
$752.00
a
.
Per review and inspection.
QQ103.3 Defensible (D-Space) inspection fees.
TABLE QQ103.3
DEFENSIBLE-SPACE (D-SPACE) INSPECTION
SUBJECT OF REVIEW / SERVICE REQUESTED FEEa
1.)Initial Inspection (Fee to be phased in as described by year, below)
a.)2022 $50.00
b.)2023 $100.00
c.)2024 $151.00
2.)Noncompliance at Second Inspection
Abatement Enforcement Administrative Fee $908.00
a.Per parcel.
616
HOA.103903238.11 256
QQ104 FIRE PREVENTION DIVISION FEES
QQ104.1 Land Development Unit (LDU) fees.
TABLE QQ104.1(1)
LDU SUBDIVISION REVIEWS OF "TENTATIVE MAPS"
SUBJECT OF REVIEW / SERVICE REQUESTED FEE
A.)MINOR LAND DIVISIONS (Sometimes referred to as "Parcel Map" Reviews)
A1.)Initial Review (Each fee charge purchases 3 reviews)
a.)Initial submittal $1,289.00
A2.)Additional Reviews/Revisions (Each fee charge purchases 1 review)
a.)Submittal of a revision (i.e., "revised map" is required) to a
map that has not yet received approval by the advisory
agency of the county or the city (or if there is no advisory
agency, then by the legislative body thereof). ("REVISION")
$372.00
b.)Submittal of a revision (i.e., "revised map" is required) of the
conditions of approval for a map that had already received
approval by the advisory agency of the county or the city (or if
there is no advisory agency, then by the legislative body
thereof). ("REVISED")
$725.00
c.)Submittal of a less-than-significant revision to a map (i.e., a
"revised map" is not required). ("AMENDMENT")$442.00
B.)MAJOR LAND DIVISIONS (Sometimes referred to as "Tract Map" Reviews)
B1.)Initial Review (Each fee charge purchases 3 reviews)
a.)Lots 1–10 (i.e., single flat fee covers up to 10 lots)$2,983.00
b.)Each additional lot between 11–50 $23.00
c.)Each additional lot between 51–100 $17.00
d.)Each additional lot between 101–1,000 $13.00
e.)Each additional lot 1,001 or greater $7.00
B2.)Additional Reviews/Revisions (Each fee charge purchases 1 review)
a.)Submittal of a revision (i.e., "revised map" is required) to a
map that has not yet received approval by the advisory
agency of the county or the city (or if there is no advisory
agency, then by the legislative body thereof). ("REVISION")
$442.00
b.)Submittal of a revision (i.e., "revised map" is required) of the
conditions of approval for a map that had already received
approval by the advisory agency of the county or the city (or if
there is no advisory agency, then by the legislative body
thereof). ("REVISED")
$1,431.00
617
HOA.103903238.11 257
LDU SUBDIVISION REVIEWS OF "TENTATIVE MAPS"
SUBJECT OF REVIEW / SERVICE REQUESTED FEE
c.)Submittal of a less-than-significant revision to a map (i.e., a
"revised map" is not required). ("AMENDMENT")$725.00
TABLE QQ104.1(2)
LDU SUBDIVISION REVIEWS OF "FINAL MAPS"a
SUBJECT OF REVIEW / SERVICE REQUESTED FEE
1.)Initial Review (Each fee charge purchases 3 reviews)
a.)Each map consisting of 1-5 lots.$725.00
b.)Each map consisting of 6–10 lots.$795.00
c.)Each map consisting of 11–25 lots.$936.00
d.)Each map consisting of 26–50 lots.$1,078.00
e.)Each map consisting of 51 or more lots.$1,289.00
2.)Additional Reviews (Each fee charge purchases 1 review)
a.)Supplemental review (i.e., when a final map is submitted more
than three times).$231.00
3.)Verification (Each fee charge purchases 1 review)
a.)Verification that the final map complies with the applicable
ordinances, conditions, and other requirements.$301.00
a.Regarding application of Table QQ104.1(1) and Table QQ104.1(2): In cases
where laws and agencies allow a one-step review process (i.e., a "parcel map"
review where no "tentative map" review is necessary), the Fire Department shall
be authorized to assess the applicable service fee(s) that most appropriately
reflect the service(s) being provided, whether from Table QQ104.1(1) or Table
QQ104.1(2).
618
HOA.103903238.11 258
TABLE QQ104.1(3)
LDU MISCELLANEOUS FEES
SUBJECT OF REVIEW / SERVICE REQUESTED FEE
1 Coastal Development Permit (CDP) $442.00
2 Conditional Use Permit (CUP)$442.00
3 Conditional Use Permit (CUP) — revised $259.00
4
Discretionary-permit review, including, but not limited to:
design review, design overlay review (DOR), development
permit application review, "Exhibit 'A'" review, planned urban
development (PUD) review, and preliminary review
$301.00
5 "Exhibit ‘A ’" — revised $301.00
6 Grading plan review – fire lanes and private driveways $301.00
7 Lot-line adjustment(s), and/or lot merger(s)$301.00
8 Mobilehome park or special occupancy park $442.00
9 "One Stop " advisory counseling/review $176.00
10 Vacation of public road easement $301.00
11 Waiver request $329.00
12 Water appeals board $160.00
13 Water/Hydrant (public) plans and systems $301.00
14 Each additional hydrant over 10 $35.00
15 Zone change $301.00
QQ104.2 Operational permit fees.
TABLE QQ104.2
OPERATIONAL PERMIT FEES
PROPOSED ACTIVITY FEEa
1 Activities in Wildfire Risk Areas $390.00
2 Additive Manufacturing $390.00
3 Aerosol Products $390.00
4 Amusement Buildings $390.00
5 Automobile Wrecking Yard $390.00
619
HOA.103903238.11 259
OPERATIONAL PERMIT FEES
PROPOSED ACTIVITY FEEa
6 Aviation Facility $390.00
7 Bonfire $390.00
8 Carbon Dioxide Systems used in Beverage Dispensing
Applications $390.00
9 Carbon Dioxide Enrichment Systems $390.00
10 Carnivals and Fairs $390.00
11 Cellulose Nitrate Film $390.00
12 Combustible-Dust Producing Operations $390.00
13 Combustible Fibers $390.00
14 Commercial Rubbish-Handling Operation $390.00
15 Compressed Gases $390.00
16 Covered and Open Mall Buildings $390.00
17 Cryogenic Fluids $390.00
18 Cutting and Welding Permit $390.00
19 Dry Cleaning Plants $390.00
20 Energy Storage Systems $390.00
21 Exhibits and Trade Shows $390.00
22 Explosives $390.00
23 Fire Hydrants and Valves $390.00
24 Fireworks Display $390.00
25 Flammable or Combustible Liquids $390.00
26 Floor Finishing $390.00
27 Fruit and Crop Ripening $390.00
28 Fumigation and Insecticidal Fogging $390.00
29 Hazardous Production Materials (HPM) Facilities $390.00
30 Hazardous Materials $390.00
31 Helicopter Landing Facility $390.00
32 High-Piled Combustible Storage $390.00
33 Hot Work Operations $390.00
34 Industrial Ovens $390.00
35 Liquid- or Gas-Fueled Vehicles or Equipment in Assembly
Buildings $390.00
36 Lithium Batteries $390.00
37 LP Gas $390.00
38 Lumber Yards and Woodworking Plants $390.00
39 Magnesium $390.00
620
HOA.103903238.11 260
OPERATIONAL PERMIT FEES
PROPOSED ACTIVITY FEEa
40 Mass-Gathering Event, 5000 or More People $780.00
41 Miscellaneous Combustible Storage $390.00
42 Mobile Fueling of Hydrogen-Fueled Vehicles $390.00
43 Model Rockets $390.00
44 Motor Fuel-Dispensing Facilities $390.00
45 Oil and/or Natural Gas Wells $390.00
46 Open Burning $390.00
47 Open Flames and Candles $390.00
48 Open Flames and Torches $390.00
49 Organic Coatings $390.00
50 Outdoor Assembly Event $390.00
51 Pallet Yard $390.00
52 Parade Float $390.00
53 Places of Assembly $390.00
54 Plant Extraction Systems $390.00
55 Privately Contracted Private Fire Prevention Resource $390.00
56 Private Fire Hydrants $390.00
57 Pyrotechnic Special Effects Material $390.00
58 Pyroxylin Plastics $390.00
59 Radioactive Materials $390.00
60 Recreational Fire $390.00
61 Refrigeration Equipment $390.00
62 Repair Garages and Motor Fuel-Dispensing Facilities $390.00
63 Rooftop Helicopter Facility $390.00
64 Rifle Range $390.00
65 Special Events $390.00
66 Spraying or Dipping $390.00
67 Storage of Scrap Tires and Tire By-Products $390.00
68 Temporary Sales Lots $390.00
69 Temporary Membrane Structures and Tents $390.00
70 Tire-Rebuilding Plants $390.00
71 Tire Storage $390.00
72 Waste Handling $390.00
73 Wood Products $390.00
a.Per permit.
621
HOA.103903238.11 261
QQ104.2.1 Film and production permit fees.
TABLE QQ104.2.1
FILM AND PRODUCTION PERMIT FEES
PERMIT TYPE FEEa
1 Pyrotechnics and Special Effects $458.00
1a.)Permit-revision fee $115.00
2 Filming $451.00
2a.)Permit-revision fee $113.00
3 Fuel-Dispensing Trucks and Vehicles $492.00
3a.)Permit-revision fee $123.00
4 Commercial Still Photography $452.00
4a.)Permit-revision fee $113.00
a.Per permit.
QQ104.3 Plan review fees.
TABLE QQ104.3(1)
BUILDING PLAN REVIEW
TYPE OF REVIEW FEEa
1 Dwelling, one- and two-family $565.00
2 Multifamily residence $776.00
3 Photovoltaic residential $776.00
4 Photovoltaic commercial $776.00
5 Commercial (B, F, S, M)$776.00
6 Assembly occupancy $706.00
7 Educational/institutional occupancy $1,059.00
8 Hazardous occupancy $918.00
9 High-rise buildings over 75 feet in height $1,694.00
622
HOA.103903238.11 262
BUILDING PLAN REVIEW
TYPE OF REVIEW FEEa
10 Smoke-control rational analysis $1,412.00
11 High-piled combustible storage $565.00
12 Site plan review — water and access $565.00
13 Hazardous materials review (1–50 chemicals)$776.00
14 Hazardous materials review (> 50 chemicals)$1,271.00
a.Per plan review.
TABLE QQ104.3(2)
FIRE SPRINKLER PLAN REVIEW
TYPE OF REVIEW FEEa
1 NFPA 13D fire sprinkler systemb: one- or two-family dwelling $565.00
2 NFPA 13R fire sprinkler systemb: multifamily dwellings $706.00
3 NFPA 13 fire sprinkler systemb:
a.≤ 100 heads per system $565.00
b.> 100 heads per system $847.00
4 Tenant Improvements to NFPA 13 fire sprinkler systemb:
a.≤ 20 heads with/without calculation $282.00
b.> 20 heads and ≤ 100 heads with/without calculation $424.00
c.>100 heads with/without calculation $706.00
5 Underground fire protection systemb:
a.Single hydrant or single riser connection $353.00
b.≥ 2 connections for hydrants and/or risers $565.00
6 Standpipe systemb (Class I, II, & III)$565.00
7 Water storage tank $565.00
8 Special hazard fire extinguishing foam water spray nozzle
systemb $565.00
9 Fire pump $706.00
623
HOA.103903238.11 263
FIRE SPRINKLER PLAN REVIEW
TYPE OF REVIEW FEEa
a.Per plan review.
b.See NFPA 13 (2022 edition), A.3.3.216 Sprinkler System, for explanation
of separate systems.
TABLE QQ104.3(3)
FIRE ALARM PLAN REVIEW
TYPE OF REVIEW FEEa
1 Emergency responder communication coverage (ERCC)$1,129.00
2 Two-way communication system $565.00
3 Fire alarm system:
a.≤ 10 devices and/or fire sprinkler monitoring system $282.00
b.11–50 devices $494.00
c.51–90 devices $706.00
d.91–130 devices $847.00
e.> 130 devices $1,366.00
4 Special extinguishing systems: CO2, foam, clean agent $424.00
5 Gas detection system $424.00
a.Per plan review.
TABLE QQ104.3(4)
MISCELLANEOUS PLAN REVIEW
TYPE OF REVIEW FEEa
1 Alternative materials, design and methods of construction and
equipment $553.00
2 Additional plan review after initial review and one resubmittal
(per hour)$141.00
3 Expedited review (each two hours + initial fee)$282.00
4 Pre-submittal meeting (initial two-hours)$282.00
624
HOA.103903238.11 264
MISCELLANEOUS PLAN REVIEW
TYPE OF REVIEW FEEa
5 Plan review time (per hour) for modifications, re-stamp
(minimum 1-hour)$141.00
6 Petroleum / Chemical Unit plan review $390.00
7 Aboveground propane/butane tank installation (125–499
gallons)$565.00
8 Tank installation or removal $390.00
9 Commercial kitchen hood systems (UL-300)$293.00
10 Paint spray booth $293.00
11 Medical gas storage system $390.00
12 Energy storage system $565.00
13 Energy storage system, Group R-3 and R-4 $195.00
14 Fuel cell power system $424.00
a.Per plan review.
QQ104.4 Field inspection fees.
TABLE QQ104.4(1)
NEW CONSTRUCTION FIELD INSPECTION
TYPE OF INSPECTION FEEa
1 Dwelling, one- and two-family $390.00
2 Multifamily residence $390.00
3 Photovoltaic residential $293.00
4 Photovoltaic commercial $780.00
5 Commercial (B, F, S, M)$585.00
6 Assembly occupancy $585.00
7 Educational/institutional occupancy $390.00
8 Hazardous occupancy $488.00
9 High-rise buildings over 75 feet in height $780.00
10 Smoke-control acceptance test $1,951.00
11 High-piled combustible storage $1,171.00
625
HOA.103903238.11 265
NEW CONSTRUCTION FIELD INSPECTION
TYPE OF INSPECTION FEEa
12 Petroleum / Chemical Unit inspection $390.00
13 Aboveground propane/butane tank installation (125–499
gallons)$195.00
14 Tank installation or removal $488.00
15 Tenant improvements projects not otherwise identified $390.00
a.Per inspection.
626
HOA.103903238.11 266
TABLE QQ104.4(2)
FIRE SPRINKLER FIELD INSPECTION
TYPE OF INSPECTION FEEa
1 NFPA 13D fire sprinkler systemb:
a.One- or two-family dwelling $390.00
b.Tract model one- or two-family dwelling $390.00
c.Tract non-model one- or two-family dwelling $390.00
2 NFPA 13R fire sprinkler systemb: multifamily dwellings $780.00
3 NFPA 13 fire sprinkler systemb:
a.≤ 100 heads per system $780.00
b.> 100 heads per system $976.00
4 Tenant Improvements to NFPA 13 fire sprinkler systemb:
a.≤ 20 heads $390.00
b.> 20 heads and ≤ 100 heads $585.00
c.> 100 heads $683.00
5 5-year sprinkler recertification $390.00
6 Underground fire protection systemb:
a.1–4 connections for hydrants and/or risers $390.00
b.≥ 5 connections for hydrants and/or risers $780.00
7 Fire-flow test witness/perform $282.00
8 Water storage tank $195.00
9 Fire pump acceptance test $673.00
a.Per inspection.
b.See NFPA 13 (2022 edition), A.3.3.216 Sprinkler System, for explanation
of separate systems.
627
HOA.103903238.11 267
TABLE QQ104.4(3)
FIRE ALARM FIELD INSPECTION
TYPE OF INSPECTION FEEa
1 Fire alarm system:
a.≤ 10 devices and/or fire sprinkler monitoring system $390.00
b.11–50 devices $585.00
c.51–90 devices $683.00
d.91–130 devices $780.00
e.> 130 devices $988.00
a.Per inspection.
TABLE QQ104.4(4)
SPECIAL SYSTEMS FIELD INSPECTION
TYPE OF INSPECTION FEEa
1 Emergency responder communication coverage (ERCC)$1,561.00
2 Two-way communication system $195.00
3 Commercial kitchen hood systems $390.00
4 Special extinguishing systems: CO2, foam, clean agent $390.00
5 Gas detection system $390.00
6 Medical gas storage system $195.00
7 Energy storage system $390.00
a.Per inspection.
TABLE QQ104.4(5)
FIRE SAFETY FIELD INSPECTION
628
HOA.103903238.11 268
TYPE OF INSPECTION FEEa
1 State of California Form 850 - Fire Safety Inspection Request $390.00
a.Per inspection.
629
HOA.103903238.11 269
TABLE QQ104.4(6)
MISCELLANEOUS FIELD INSPECTION
TYPE OF INSPECTION FEE
1 Statement-of-intended-use review and inspection (Form 30)$195.00
2 Additional inspections after initial inspection and one
reinspection $98.00
3
Special / priority inspection (including after-hour, additional
technical assistance, and others deemed necessary by the
fire code official) — charged per hour
Current
hourly fire
safety
officer
(FSO) rate
QQ104.5 Annual inspection fees.
TABLE QQ104.5
ANNUAL FIRE PREVENTION INSPECTION
TYPE OF INSPECTION FEEa
A.)Manufacturing
1 25,000 – 50,000 Square Feet $488.00
2 50,001 – 100,000 Square Feet $585.00
3 100,001 – 250,000 Square Feet $780.00
4 >250,000 Square Feet $1,171.00
B.)Warehousing
1 60,001 – 100,000 Square Feet $585.00
2 100,001 – 150,000 Square Feet $780.00
3 150,001 – 200,000 Square Feet $976.00
4 200,001 – 250,000 Square Feet $1,171.00
5 250,001 – 500,000 Square Feet $1,366.00
6 >500,000 Square Feet $1,561.00
C.)Assembly
1 < 12,500 Square Feet $390.00
2 12,501 – 25,000 Square Feet $488.00
3 25,001 – 50,000 Square Feet $585.00
630
HOA.103903238.11 270
ANNUAL FIRE PREVENTION INSPECTION
TYPE OF INSPECTION FEEa
4 50,001 – 75,000 Square Feet $683.00
5 >75,000 Square Feet $780.00
D.)High Rise
1 7-10 Stories in Height $780.00
2 11-15 Stories in Height $976.00
3 16- 20 Stories in Height $1,171.00
4 >20 Stories in Height $1,366.00
E.)Petroleum / Chemical Unit Occupancies
1 ≤ 25,000 Square Feet $390.00
2 25,001 – 50,000 Square Feet $585.00
3 50,001 – 75,000 Square Feet $780.00
4 75,001 – 100,000 Square Feet $976.00
5 >100,000 Square Feet $1,171.00
F.)Elementary / Middle / High Schools
1 < 200 Students $390.00
2 201 – 400 Students $585.00
3 401 – 700 Students $780.00
4 701 – 1,000 Students $976.00
5 1,001 – 1,500 Students $1,171.00
6 1,501 – 2,500 Students $1,366.00
7 >2,500 Students $1,561.00
G.)Private Colleges
1 < 500 Students $780.00
2 501 – 1,000 Students $1,171.00
3 1,001 – 1,500 Students $1,561.00
4 1,501 – 2,000 Students $1,951.00
5 2,001 – 3,000 Students $2,341.00
6 >3,000 Students $3,122.00
H.)Jails
1 < 2,500 Square Feet $390.00
2 2,501 – 5,000 Square Feet $585.00
3 5,001 – 10,000 Square Feet $780.00
4 10,001 – 50,000 Square Feet $1,171.00
5 >50,000 Square Feet $1,561.00
I.)Hospitals, 24-hour clinics, in-patient care and transitional care faci lities
1 < 5,000 Square Feet $585.00
2 5,001 – 10,000 Square Feet $780.00
631
HOA.103903238.11 271
ANNUAL FIRE PREVENTION INSPECTION
TYPE OF INSPECTION FEEa
3 10,001 – 20,000 Square Feet $976.00
4 20,001 – 50,000 Square Feet $1,171.00
5 50,001 – 100,000 Square Feet $1,561.00
6 >100,000 Square Feet $2,341.00
7 R-3 Large Family Day Care $390.00
a.Per inspection.
SECTION Appendix RR is hereby added to read as follows:
APPENDIX RR RIFLE RANGE
RR101 GENERAL
RR101.1 Scope.
Rifle ranges shall comply with the basic fire- and life-safety requirements in this
appendix.
RR101.2 Permits.
A permit from the fire code official is required to establish, maintain, or operate a
rifle range. Applications for permits shall be referred to the chief law enforcement officer
for approval. Permits shall be required as set forth in Sections 105.5 and 105.6.
RR102 DEFINITIONS
RIFLE RANGE. Any indoor or outdoor firing, shooting, or target range
established, maintained, or operated for the discharge of a rifle, pistol, revolver,
shotgun, or firearm.
RR103 RANGE OFFICER
RR103.1 Supervision.
632
HOA.103903238.11 272
Rifle ranges shall not be operated or maintained without the supervision of a
qualified range officer.
RR103.2 Qualifications.
To qualify as a range officer, individuals shall demonstrate to the fire code official
and chief law enforcement officer their knowledge of firearms and ammunition, including
the general rules of safety and the provisions of this code relative thereto. Individuals
shall possess a valid certificate stating he or she is a qualified range officer.
RR104 AMMUNITION
RR104.1 Inspection and disposal.
Ammunition shall be inspected and approved by the range officer before
permission to fire or discharge the same is granted. Ammunition that will not fire or
discharge or which is otherwise defective shall be surrendered to the range officer for
safe disposal.
RR105 FIRE APPLIANCES
RR105.1 Portable fire appliances.
Rifle ranges shall be equipped with portable fire appliances and other equipment
required by the fire code official. Additional fire-prevention measures required by the
fire code official shall be provided.
RR106 VEGETATION
RR106.1 Removal.
Rifle ranges, including striking grounds, shall be completely clear of vegetation
within a safe distance from the firing line.
RR107 SIGNAGE
633
HOA.103903238.11 273
RR107.1 Warnings.
Rifle ranges which are not fenced shall be posted with approved warning posters
or signs to notify and protect the public from danger.
SECTION FINDINGS IN SUPPORT OF ADOPTION OF MORE
RESTRICTIVE BUILDING STANDARDS.
The provisions of this ordinance contain various changes, modifications, and
additions to the 2022 California Fire Code. Some of those changes are administrative
in nature in that they do not constitute changes or modifications to requirements
contained in the building standards adopted by the State Fire Marshal and published in
the California Building Standards Code. Pursuant to Health and Safety Code
Sections 17958.5, 17958.7, and 18941.5, the Board of Supervisors hereby expressly
finds and determines that all of the changes and modifications to requirements
contained in the building standards published in the California Building Standards Code,
contained in this ordinance, which are not administrative in nature, are reasonably
necessary because of local climatic, geological, or topographical conditions in the
County of Los Angeles and in the Consolidated Fire Protection District of Los Angeles
County (“District”). This expressed finding is supported and based upon the following
more specific determinations:
CLIMATIC – The County of Los Angeles/District is located in an area subject to
climatic conditions with long periods of low humidity and hot weather, combined with
unpredictable seasonal high winds (Santa Ana wind conditions), resulting in increased
exposure to fire risk. This combination of events creates an environment that is
conducive to rapidly spreading fires. Control of such fires requires rapid response.
634
HOA.103903238.11 274
With the time that is required to deal with potential obstacles from the wind, such as
fallen trees, street lights, and utility poles, in addition to the time required to climb
75 feet vertically up flights of stairs, the ability to respond rapidly is negatively impacted.
Additionally, there is a significant increase in the amount of wind at 60 fe et above the
ground. Use of aerial-type firefighting apparatus above this height would place rescue
personnel at increased risk of injury. High winds will also cause burning embers to
become airborne resulting in the rapid spread of a fire to nearby structures. Immediate
containment of a fire is the only method by which it can be controlled during high wind
conditions. In high fire severity zones, a unique combination of low humidity, strong
winds, and dry vegetation exists.
GEOLOGICAL – The County of Los Angeles/District is located in the middle of
the seismically active area identified as Seismic Zone 4. The viability of the public water
system would be questionable at best after a major seismic event. Tall buildings would
become vulnerable to uncontrolled fires due to a lack of available water and an inability
to pump sufficient quantities of any available water to floors above the 55-foot level. A
severe seismic event has the potential to negatively impact any rescue or fire
suppression activities because it is likely to create significant physical obstacles and
logistical challenges. With the probability of strong aftershocks, there exists a need to
provide increased protection for anyone on upper floors.
Geological conditions created by the numerous faults will result in increased fire
danger to structures, delayed Fire Department response, and unique rescue challenges.
Seismic events of sufficient magnitude will cause substantial damage to structures.
These damages are likely to be accompanied by a substantial number of fires that may
635
HOA.103903238.11 275
exceed the Fire Department suppression capabilities. Accordingly, built-in fire
suppression systems provide the only adequate measure to mitigate the potential
hazards from and damage caused by such fires.
The County of Los Angeles/District is subject to occasional severe rainstorms.
The impacts from these rainstorms are exacerbated if hillside areas have been burned
by wildland fires because significant mud and debris flows can occur. Mud and debris
flows can impair Fire Department access or delay response times if access roads are
obstructed by mud or debris.
TOPOGRAPHICAL – The topographical conditions of the County of
Los Angeles/District includes many mountains, hills, and canyons which tend to
accelerate the periodic high-velocity winds by means of a Venturi effect. These canyon
winds and the significant growth of vegetation of a combustible nature increase the fire
danger. Additionally, long periods of dry, hot weather, combined with unpredictable
seasonal winds (Santa Ana wind conditions) result in increased exposure to fire risk.
The hillside areas have access roads that are narrow, steep, and contain many sharp
curves, all of which makes timely response by large fire apparatus difficult.
The specific sections of this code that constitute more restrictive building
standards are identified in the table set forth below. The more restrictive building
standards contained in this code and identified in the table below shall be applicable
only in those cities served by the District which have ratified the aforesaid sections in
accordance with California Health and Safety Code Section 13869.
Section Local Condition Explanation and Findings
304.1.2 –
Vegetation.
Climatic and
Topographical
Local amendment requiring brush clearance to
maintain defensible space for fire operations that
636
HOA.103903238.11 276
Section Local Condition Explanation and Findings
is necessary due to the unique climate and
topography of the County/District to reduce risk of
fire and to minimize the spreading of fire to
structures.
314.4 –
Vehicles.
Climatic,
Geological, and
Topographical
Local amendment providing the fuel-amount
equivalencies for indoor display of vehicles using
alternative fuels and other newer technologies.
Necessary due to the increased risks of fire,
earthquake movement and damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
316.6.1 –
Structures.
Climatic,
Geological, and
Topographical
Imposes additional requirements for the
grounding of construction under high-voltage
transmission lines to protect property, the public,
and fire fighters responding to emergencies.
Necessary due to the unique climate and
topography of the County/District to reduce risk of
fire, to reduce the possibility of fires being causes
by downed high-voltage transmission lines, to
minimize the spreading of fires that may begin
under transmission lines, and to protect fire
fighters responding to emergencies under
transmission lines. Further necessary because
risk of fire is increased due to the prevalence of
earthquakes in the County/District.
321 – Artificial
Combustible
Vegetation.
Administrative Deletion in order to clarify that neither the State
nor the District adopts this section or the sections
of Chapter 8 that are referenced by it.
322.3 – Fire
safety plan.
Administrative.Declaratory of existing law for clarification to the
code user.
322.4.1 –
Limited indoor
storage in
containers.
Climatic,
Geological, and
Topographical
Local amendment providing the ability for the fire
code official to consider other factors affecting
the safety of the placement containers used for
the collection of damaged and used lithium-
based batteries. These batteries have been
identified as a known source of fires, especially
when damaged or aged. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
637
HOA.103903238.11 277
Section Local Condition Explanation and Findings
County/District. These factors also complicate
response times, water needs and availability, and
access.
326.7 – Fire
protection
facilities
required.
Climatic,
Geological, and
Topographical
Local amendment to require fire safety measures
including but not limited to water supply,
firebreaks, posting of fire watchers, access roads,
restriction of activities during high fire hazard and
other conditions to maintain reasonable fire
safety. Necessary due to the unique climate and
topography of the County/District to reduce risk of
fire, to reduce the possibility of wildland fires
spreading to structures, and to minimize impacts
of fire. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
326.12.2 –
Chimneys.
Climatic and
Topographical
Local amendment to reduce the threat of fires by
requiring spark arrestors on chimneys that is
necessary due to the unique climate and
topography of the County/District to reduce risk of
fire and to minimize impacts of fire. Such spark
arrestors reduce the likelihood of embers exiting
a chimney and igniting a fire. These spark
arrestors are required by the SFM in both CCR
Title 19 and the Building Code.
326.14 –
Roadway
clearance.
Climatic and
Topographical
Local amendment requiring clearance of
roadways to provide adequate access for
firefighting apparatus, to create defensible space
for fire operations, and to reduce the possibility of
wildland fires spreading to structures. Necessary
due to the unique climate and topography of the
County/District.
401.10 – Fire
watch
procedures,
401.10.1,
401.10.2,
401.10.3,
401.10.4,
401.10.5,
401.10.6.
Climatic,
Geological, and
Topographical
Provides for consistency in the minimum
requirements of a fire watch program. Necessary
to ensure adequate response times and actions
due to the unique climatic and topographical
conditions that increase the risk of fires in fire
hazard severity zones. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.
638
HOA.103903238.11 278
Section Local Condition Explanation and Findings
503.1.1 –
Buildings and
facilities.
Climatic,
Geological, and
Topographical
Provides for clarification regarding the
determination of the fire code official for certain
special circumstances. Necessary to ensure
adequate response times and actions due to the
unique climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
503.1.2 –
Additional
access.
Climatic,
Geological, and
Topographical
Provides for additional access requirements
necessary because of terrain, climate, or other
factors that limit access. Necessary to ensure
adequate response times due to the unique
climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
503.2.1 –
Dimensions,
503.2.1.1,
503.2.1.2,
503.2.1.2.1,
503.2.1.2.2,
503.2.1.2.2.1,
503.2.1.2.2.2
Climatic,
Geological, and
Topographical
Requires unobstructed clearance to sky on fire
apparatus access roads with exception for
protected tree species. Necessary to prevent
obstruction of access roads by tree limbs or other
obstructions and thus allow for quick response
times to fires and other emergencies. Necessary
to ensure adequate response times due to the
unique climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Requires sufficient fire apparatus access
road widths and the location of said roads in
respect to buildings. Necessary because risk of
fire and collapse is increased due to the
prevalence of earthquakes in the County/District.
503.2.4 –
Turning radius,
503.2.5 –
Dead-ends,
503.2.7 –
Grade.
Climatic,
Geological, and
Topographical
Provides for more stringent width, turning radius,
and grade specifications for access roads to
ensure access for fire apparatus. Necessary due
to unique climatic and topographical conditions
that increase the risk of fires. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.
639
HOA.103903238.11 279
Section Local Condition Explanation and Findings
503.4 –
Obstruction of
fire apparatus
access roads.
Climatic,
Geological, and
Topographical
Adds speed bumps and speed humps to list of
prohibited obstructions to fire apparatus access
roads. Speed bumps and speed humps reduce
response times to fires and other emergencies
because fire apparatus have to slow down to
pass over them or drive around them. Necessary
to ensure adequate response times due to the
unique climatic and topographical conditions that
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
503.4.1 –
Traffic-calming
devices.
Climatic,
Geological, and
Topographical
Requires fire code official approval to install
traffic calming devices such as speed bumps and
speed humps. Such devices can reduce
response times to fires and other emergencies.
Necessary to ensure adequate response times
due to the unique climatic and topographical
conditions that increase the risk of fires in fire
hazard severity zones. This section is necessary
because the risk of fire is increased due to the
prevalence of earthquakes in the County/District.
503.6 – Gates.Climatic,
Geological, and
Topographical
Requires gates placed across fire apparatus
access roads meet parameters to ensure
emergency access widths and operability.
Necessary due to the increased risks of fire,
earthquake damage, and electrical power
interruption that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District.
503.7 – Fire
apparatus
access roads
in recreational
vehicle,
mobilehome,
manufactured
housing, sales
lots, and
storage lots.
Climatic,
Geological, and
Topographical
Requires fire apparatus access roads in
recreational vehicle, mobilehome, manufactured
housing, sales lots, and storage lots. Necessary
to ensure adequate water supply and access to
such locations due to the unique climatic and
topographical conditions that increase the risk of
fires in fire hazard severity zones. Further
necessary because the risk of fire is increased
due to the prevalence of earthquakes in the
County/District.
503.8– Fire
apparatus
access roads
in mobilehome
parks and
Climatic,
Geological, and
Topographical
Requires additional fire apparatus access roads
in mobilehome parks and special occupancy
parks. Necessary to ensure adequate water
supply and access to such locations due to the
unique climatic and topographical conditions that
640
HOA.103903238.11 280
Section Local Condition Explanation and Findings
special
occupancy
parks.
increase the risk of fires in fire hazard severity
zones. Further necessary because risk of fire is
increased due to the prevalence of earthquakes
in the County/District.
504.5 –
Rooftop
barriers and
parapets.
Climatic,
Geological, and
Topographical
Provides for emergency access to and egress
from the roof in the event of fire or other
emergency. Necessary because of increased
danger of fire in the County/District due to unique
climatic, geological, and topographical conditions.
506.1 – Where
required.
Climatic,
Geological, and
Topographical
Local amendment providing for access to
structures or areas where immediate access is
necessary for life-saving or fire-fighting purposes.
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
507.2.2 –
Water tanks.
Climatic,
Geological, and
Topographical
Requires installation and maintenance standards
for water tanks providing water for fire protection.
Extends certain requirements to associated
support structures and piping. Necessary due to
the increased risks of fire and exposure that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These unique conditions also
increase emergency response times, thereby
increasing the time during which these water tank
systems must remain in functional order.
507.5.10 –
Draft system
identification
sign.
Climatic,
Geological, and
Topographical
Provides posting of sign to notify Fire Department
of draft hydrants, including those for swimming
pools and spas in fire hazard severity zone.
Necessary because of unique climatic and
topographical conditions that increase the risk of
fires in fire hazard severity zones. Further
necessary because risk of fire is increased due to
the prevalence of earthquakes in the
County/District.
509.1.1 –
Utility and
hazardous
equipment
identification,
509.2 –
Climatic,
Geological, and
Topographical
Provides for identification and access to the
disconnection means that are required for
hazardous equipment and/or energy sources
serving structures, as necessary for the
protection of life and for fire-fighting purposes.
Necessary due to the increased risks of fire,
641
HOA.103903238.11 281
Section Local Condition Explanation and Findings
Equipment
and
disconnection-
means access,
509.3
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
510.1 –
Emergency
responder
communicatio
n coverage
(ERCC) in new
buildings.
Administrative Clarifies how the fire code official will make the
determination that is required of them by the
State code.
510.4.1,
510.4.1.1,
510.4.1.2,
510.4.2,
510.4.2.3,
510.5, 510.5.1,
510.5.4, 510.6,
510.6.2 –
Emergency
responder
communicatio
n coverage.
Climatic,
Geological, and
Topographical
When the circumstances of a structure
necessitate emergency responder
communication coverage systems, this
amendment specifies “critical areas” of the
building, referred to in the State code, at which it
is critical that emergency personnel have radio
coverage. This list of areas is built upon the list
of areas that are required to be served when a
wired system is installed in lieu of an emergency
responder radio coverage system. Systems are
required to be provided with standby power for a
duration of time. Amendment also clarifies
required design standards otherwise left up to
determination by the fire code official. Necessary
due to the increased risks of fire, earthquake
movement and damage, and electrical power
interruption that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. Further necessary due to
the artificial topographical physical features of a
structure or area that limit and/or interfere with
emergency radio communications for first
responders.
603.4 –
Working space
and
clearances.
Climatic,
Geological, and
Topographical
Provides for maintenance of the working
clearances that are required to be maintained
about electrical equipment such as electrical
panels and other equipment specified by the
Electrical Code. Necessary due to the increased
risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
642
HOA.103903238.11 282
Section Local Condition Explanation and Findings
County/District. These factors also complicate
response times, water needs and availability, and
access.
603.4.1 –
Electrical
signage and
labeling.
Climatic,
Geological, and
Topographical
Provides clarification of the interpretation of this
section, and reference to the related section of
code. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
604.4 –
Emergency
signs.
Climatic,
Geological, and
Topographical
Provides guidance with local criteria that the fire
code official will use in making the determination
required of them by this section. Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6 –
Inspection,
testing, and
maintenance.
Climatic,
Geological, and
Topographical
Prohibits obstruction or impairment of fire
protection and life safety system equipment,
including initiating devices, alarm notification
appliances, and annunciators. Necessary due to
the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6.4 –
Aboveground
controls and
valves for
water-based
fire protection
systems.
Climatic,
Geological, and
Topographical
Introductory section to Sections 901.6.4.1
through 901.6.4.4. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6.4.1
–Signage.
Climatic,
Geological, and
Topographical
Provides signage requirements for water-control
valves to facilitate fire-fighter identification and
use of said valves in an emergency. Necessary
643
HOA.103903238.11 283
Section Local Condition Explanation and Findings
because of unique climatic and topographical
conditions that increase the risk of fires in fire
hazard severity zones. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.
901.6.4.2 –
Locks.
Climatic,
Geological, and
Topographical
Provides for the security, and accessibility to
proper authorities, of water-based fire protection
systems. Necessary due to the increased risks
of fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
901.6.4.3 –
Painting
identification.
Climatic,
Geological, and
Topographical
Provides for the identification and maintenance of
water-based fire protection systems. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
901.6.4.4 –
Clear space.
Climatic,
Geological, and
Topographical
Provides clearance requirements for water-
control valves to facilitate fire-fighter identification
and use of said valves in an emergency.
Necessary because of unique climatic and
topographical conditions that increase the risk of
fires in fire hazard severity zones. Further
necessary because risk of fire is increased due to
the prevalence of earthquakes in the
County/District.
903.2.8 –
Group R.
Climatic,
Geological, and
Topographical
Requires that fire sprinklers be installed in
mobilehomes and manufactured homes located
outside of mobilehome parks. Necessary due to
the increased risks of fire and exposure that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District.
903.2.11.7 –
Occupancies
in fire hazard
severity zones
and within the
San Gabriel
Climatic,
Geological, and
Topographical
Provides an additional level of protection to
occupancies in case of a fire by requiring
installation of automatic fire sprinklers.
Necessary because of unique climatic and
topographical conditions that increase the risk of
catastrophic fires in fire hazard severity zones
644
HOA.103903238.11 284
Section Local Condition Explanation and Findings
Southface
Area or
Malibu–Santa
Monica
Mountains
Area.
and due to the topography that reduces response
times to fires. Further necessary because risk of
fire is increased due to the prevalence of
earthquakes in the County/District.
903.4.2,
903.4.2.1 –
Remote
annunciator.
Climatic,
Geological, and
Topographical
Provides for fire-fighter access to the alarm
system information/status where necessary due
to otherwise being inaccessible or inapparent.
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
904.1.1 –
Certification of
service
personnel for
fire-
extinguishing
equipment
Administrative.Clarification to the code user that neither the
Consolidated Fire Protection District of
Los Angeles County, nor the State of California
adopt this section.
904.3.5 –
Monitoring.
Climatic,
Geological, and
Topographical
Requires monitoring of all automatic fire-
extinguishing systems when a sprinkler
monitoring system is otherwise required.
Necessary due to the increased risks of fire and
exposure that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District.
905.2.1 –
Class I
standpipes.
Climatic Construction and installation requirements for
Class I standpipes to ensure adequate fire
protection systems and water supply due to fires
in the hot and windy climate of the
County/District.
905.4 –
Location of
Class I
standpipe
hose
connections,
905.4.3.
Climatic Installation/Regulation of Fire Protection System
to ensure proper location of hose connection to
control fires in the hot and windy climate of the
County/District.
645
HOA.103903238.11 285
Section Local Condition Explanation and Findings
905.5.3 –
Class II
system
1½-inch hose.
Climatic Installation and regulation of interior wet
standpipes to ensure adequate fire protection
system due to fires in the hot and windy climate
of the County/District.
905.9 – Riser
shutoff valve
supervision
and drain.
Climatic Additional requirements to fire protection system
for testing, maintenance, and operation.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions.
905.13 –
Standpipe
diameter.
Climatic Size requirements for Class III standpipes to
ensure adequate fire protection system.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions.
910.2 –
Where
required.
Climatic and
geological
Requires smoke and heat removal for buildings.
Necessary to increase ability of fire fighters to
respond to, and fight, fires in buildings.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions and the prevalence of earthquakes in
the County/District.
910.2.3 –
Group S-2.
Climatic,
Geological, and
Topographical
Requires smoke and heat removal for basement-
level parking garages. Necessary to increase
ability of fire fighters to respond to fires in parking
garages. Necessary due to the increased risks of
fire and earthquake damage that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. Further necessary due to the
artificial topographical physical features of a
structure or area that limit and/or interfere with
the ability of emergency responders to protect
life, property, and the environment.
646
HOA.103903238.11 286
Section Local Condition Explanation and Findings
910.3 –
Smoke and
heat vent
design and
installation.
910.3.2,
910.3.4,
910.3.4.1,
910.3.4.2,
910.3.4.2.1,
910.3.4.2.2,
910.3.4.3
910.3.5.
Climatic,
Geological, and
Topographical
Requirements for smoke and heat vents in
buildings. Necessary due to the increased risks
of fire and earthquake damage that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. Further necessary due to the
artificial topographical physical features of a
structure or area that limit and/or interfere with
the ability of emergency responders to protect
life, property, and the environment.
910.4.3,
910.4.4 –
Mechanical
smoke
removal
systems.
Geological Requirements for smoke and heat vents and
mechanical smoke removal systems in buildings.
Necessary because of increased danger of fire in
the County/District due to seismic concerns with
potential water supply issues.
912.2 –
Location.
Geological and
Topographical
Requires that more than one fire department
connection may be required. Necessary due to
natural and artificial local topography, and the
effects of seismic activity that could limit and/or
interfere with the ability of emergency responders
to access certain locations.
912.2.1 –
Visible
location.
Climatic,
Topographical,
Geological
Requires fire department connections to be
located within 150 feet of a public fire hydrant
and at a safe distance from the building.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions. Further necessary because the risk
of fire is increased due to the prevalence of
earthquakes in the County/District.
912.7 –
Inspection,
testing and
maintenance.
Climatic,
Geological, and
Topographical
Clarifies where provisions for signage, painting,
hose threads, physical protection, and clear
space, for fire department connections, shall
apply. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
912.8 –
Identification
Climatic,
Topographical
Requires red paint on fire department
connections subject to rust or corrosion to identify
647
HOA.103903238.11 287
Section Local Condition Explanation and Findings
— paint color.them to fire fighters and protect from the
elements. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions.
912.9 –
Breakable
caps or plugs.
Climatic,
Topographical
Requires breakable caps or plugs for fire hose
couplings to protect them from the elements and
to ensure easy access to the fire department
connection during fires. Necessary because of
increased danger of fire in the County/District due
to hot and windy conditions.
914.9.1 –
Spray booths.
Climatic Requires spray booths to have automatic fire
sprinkler system protection under specified
conditions. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions. Further necessary
because the risk of fire is increased due to the
prevalence of earthquakes in the County/District.
1032.4 – Exit
signs,
1032.4.1,
1032.4.2,
1032.4.3
Climatic,
Geological, and
Topographical
Requirements for minimum exit signage
maintenance, including a bringing-to-one-location
of existing CA requirements scattered about the
code and/or providing reference thereto.
Addresses warnings against elevator use in an
emergency, and stairway access. Necessary to
ensure proper notice and evacuation in case of
fire or other emergency. Necessary because of
increased danger of fire in the County/District due
to hot and windy conditions. Further necessary
because risk of fire and need for evacuation is
increased due to the prevalence of earthquakes
in the County/District.
1103.11 – Fire
department
access.
Climatic,
Geological, and
Topographical
Clarifies where provisions for fire department
access apply, including reference to a related
section of the code. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1203.2.3 –
Emergency
responder
communicatio
n coverage
Climatic,
Geological, and
Topographical
Maintains current level of safety by maintaining
current standby-power capacity duration for
emergency responder communication coverage
systems. Necessary due to the increased risks
of fire, earthquake damage, and unpredictable
648
HOA.103903238.11 288
Section Local Condition Explanation and Findings
systems.power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
1203.2.5 –
Exhaust
ventilation.
Climatic,
Geological, and
Topographical
Maintains current level of safety by maintaining
current standby-power capacity duration for
electrical energy storage system mechanical
exhaust ventilation systems. Necessary due to
the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1203.2.7 –
Gas detection
systems.
Climatic,
Geological, and
Topographical
Corrects reference number for section
addressing exhaust ventilation for electrical
energy storage systems. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1204.4 –
Grounding.
Climatic,
Geological, and
Topographical
Clarifies when grounding will be required of
portable generators. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1205.2 –
Access and
pathway.
Climatic,
Geological, and
Topographical
Clarifies that exceptions to access and pathway
requirements may not negate the ability of
occupants to reliably identify escape and rescue
pathways and avoid electrified components
therein. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
649
HOA.103903238.11 289
Section Local Condition Explanation and Findings
availability, and access.
1205.4 –
Buildings with
rapid
shutdown.
Climatic,
Geological, and
Topographical
Provides reference to the related section of code.
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, water needs and
availability, and access.
1205.5.1 –
Vegetation
control.
Climatic,
Geological, and
Topographical
Clarifies where this maintenance provision
applies. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
1206.10 –
Manual
shutoff.
Climatic,
Geological, and
Topographical
Provides reference to the related section of code,
and harmonizes this section thereto. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.1.2 –
Permits,
1207.1.3,
1207.1.4,
1207.1.4.1,
1207.1.4.2,
1207.1.5,
1207.1.7.
Climatic,
Geological, and
Topographical
Require approved permitting for electrical energy
storage systems (ESS), including
criteria/clarification regarding hazard mitigation
analysis and special approvals beyond what the
code allows by default. Necessary due to the
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.3.4,
1207.3.4.1,
1207.3.5
Climatic,
Geological, and
Topographical
Specifies design and installation requirements for
electrical energy storage systems (ESS).
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
650
HOA.103903238.11 290
Section Local Condition Explanation and Findings
complicate response times, water needs and
availability, and access.
1207.4 –
General
installation
requirements,
1207.4.1,
1207.4.2,
1207.4.7,
1207.4.8 –
Signage.
Climatic,
Geological, and
Topographical
Specifies/clarifies location, separation, and
signage requirements for electrical energy
storage systems (ESS). Provides clarification
and reference to other code requirements already
applicable to these installations. Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, responding resources, water
needs and availability, and access.
1207.5.2,
1207.5.8,
Table 1207.7,
1207.7.1,
1207.7.2,
1207.7.3,
1207.7.4,
1207.8.3,
1207.8.4.
Climatic,
Geological, and
Topographical
Specifies/clarifies location and separation
requirements for electrical energy storage
systems (ESS). Maintains preexisting safety
levels. Necessary due to the increased risks of
fire, earthquake damage, and unpredictable
power fluctuations that are consequences of the
unique climatic, topographical, and geological
conditions of the County/District. These factors
also complicate response times, water needs and
availability, and access.
1207.4.13,
1207.5.4 –
Fire detection,
1207.6.1.1,
1207.6.1.2,
1207.6.1.2.1,
1206.1.2.2,
1207.6.1.2.3
1207.6.1.2.4.
Climatic,
Geological, and
Topographical
Specifies requirements for fire-extinguishing
systems, ventilation, standby power, gas
detection, explosion control, and the ability to
release energy, for electrical energy storage
systems (ESS). Includes references to the code
sections regarding fire department connections
and hydrants. Necessary due to the increased
risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
Table 1207.6,
1207.6.1.1–12
07.6.1.2.4.
Climatic,
Geological, and
Topographical
Specifies design and installation requirements for
various battery technologies used in electrical
energy storage systems (ESS). Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
651
HOA.103903238.11 291
Section Local Condition Explanation and Findings
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.6.3 –
Explosion
control.
Administrative Corrects typo to reference therein to a section
within Chapter 1, which was reorganized in
2021/2022.
1207.4.6 –
Combustible
storage,
1207.5.7 –
Vegetation.
Climatic,
Geological, and
Topographical
Clarifies that combustible storage within ESS
cabinets and enclosures is not allowed, and that
vegetation maintenance (operational)
requirements for electrical energy storage
systems (ESS) apply to both new and existing
installations. Necessary due to the increased
risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.9.4,
1207.9.5.
Climatic,
Geological, and
Topographical
Addresses special installations of battery energy
storage systems (ESS), including those on
rooftops and in parking garages. Necessary due
to the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
Table 1207.10,
1207.10.6,
1207.10.7.2,
1207.10.7.3,
1207.10.7.6.
Climatic,
Geological, and
Topographical
Addresses mobile versions of electrical energy
storage system (ESS) installations. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
1207.11,
1207.11.1,
1207.11.2.1,
1207.11.3,
1207.11.3.1,
Climatic,
Geological, and
Topographical
Addresses installations of battery energy storage
systems in Group R-3 and R-4 occupancies.
Maintains and clarifies standing requirements in
the jurisdiction in order to maintain minimum
levels of safety regarding explosion, fire, and
652
HOA.103903238.11 292
Section Local Condition Explanation and Findings
1207.11.4,
1207.11.5.1,
1207.11.6,
1207.11.7,
1207.11.7.1,
Figure
1207.11.7.1,
1207.11.7.2,
1207.11.7.3,
1207.11.7.4,
1207.11.7.4.1,
1207.11.7.4.2,
1207.11.8.
toxic gas hazards, both for the property in
question and that of neighboring properties.
Necessary due to the increased risks of fire,
earthquake damage, and unpredictable power
fluctuations that are consequences of the unique
climatic, topographical, and geological conditions
of the County/District. These factors also
complicate response times, responding
resources, water needs and availability, and
access.
2007.9
–Emergency
Helicopter
Landing
Facility
(EHLF),
2007.9.1.
Climatic and
Topographical
Provides for public safety by an
evacuation/landing area on high-rise buildings
and the maintenance thereof. Necessary due to
large number of high-rise buildings in the
County/District and difficulty in evacuating high-
rise buildings, and getting resources thereto, in
case of fire or other emergency.
2007.10
–Ground-
based
helicopter
facilities,
2007.10.1 –
Surface.
Climatic,
Geological, and
Topographical
Provides design standards for helistops and
heliports, primarily for establishment in fire
hazard severity zones, to enable helicopters and
associated water tenders and support equipment
to safely operate to conduct operations to combat
fires and render other services in those areas.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions and topography that hinders the ability
for fire apparatus to gain access to remote
portions of the County/District. Further
necessary due to the increased risks of
earthquake damage that complicate response
times, water needs and availability, and access.
653
HOA.103903238.11 293
Section Local Condition Explanation and Findings
2007.10.2 –
Hydrant.
Climatic;
Topographical
Requires a hydrant next to helistops and
heliports, especially in fire hazard severity zones,
to enable helicopters to fill their tanks to facilitate
water drops on wildland fires in those areas, and
for response to aviation accidents. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions
and topography that hinders the ability for fire
apparatus to gain access to remote portions of
the County/District.
2007.10.3 –
Access.
Climatic;
Topographical
Adopts requirements for fire apparatus access to
helistops and heliports, especially in fire hazard
severity zones, to enable support equipment and
apparatus associated with helicopter operations
to combat fires and render other services in those
areas. Necessary because of increased danger
of fire in the County/District due to hot and windy
conditions and topography that hinders the ability
for fire apparatus to gain access to remote
portions of the County/District.
2007.11 –
Maintenance,
2007.11.1 –
Fire
Department
permit
required.
Climatic,
Geological, and
Topographical
Requires maintenance of the safe and necessary
functionality of a new or existing helicopter facility
intended to some extent for emergency Fire
Department use. Where such functionality or
availability is impaired, a permit and/or
notification is required. Necessary because of
increased danger of fire in the County/District due
to hot and windy conditions; and both topography
and seismic geological activity that hinders the
ability for fire apparatus to gain access to
portions of the County/District, including for
patient care.
2203.3 – Dust-
collection
systems.
Climatic,
Geological, and
Topographical
Clarifies applicability of this provision, corrects
reference error by the State, and maintains the
required interlock provision. Necessary due to
the increased risks of fire, earthquake damage,
and unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
2203.4.2 –
Static
electricity.
Climatic,
Geological, and
Topographical
Maintains the requirement for permanent
grounding or bonding in accordance with
approved standards. Necessary due to the
654
HOA.103903238.11 294
Section Local Condition Explanation and Findings
increased risks of fire, earthquake damage, and
unpredictable power fluctuations that are
consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
2404.4 – Fire
protection.
Climatic Provides for spray booths to be equipped with
automatic fire sprinklers. Necessary because of
increased danger of fire in the County/District due
to hot and windy conditions.
2504.6, 2507.2
–FRUIT AND
CROP
RIPENING
Climatic and
Geological
Provides requirements for fruit and crop ripening
operations to prevent ignition of ethylene gas and
reduce risk of fire and explosion. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions
and to reduce risk of fires and explosion from
earthquakes.
3104.5 –
Helicopter
landing
facilities.
Climatic,
Geological, and
Topographical
Provides notice within the section concerning
tents and temporary membrane structures that
consideration must be given to nearby helicopter
landing facilities so as not to interfere with their
safe and necessary functionality. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions;
and both topography and seismic geological
activity that hinders the ability for ground-based
fire apparatus to gain access to portions of the
County/District, including for patient care.
3107.15.2.1 –
Quantity limit.
Climatic,
Geological, and
Topographical
Harmonizes the code by providing reference to
the related section of the code. Necessary
because of increased danger of fire in the
County/District due to hot and windy conditions;
and both topography and seismic geological
activity that hinders the ability for ground-based
fire apparatus to gain access to portions of the
County/District, including for patient care.
3107.18 –
Combustible
vegetation.
Climatic and
Topographic
Increased clearance requirements for
combustible vegetation near tents and membrane
structures. Necessary to increase fire and life
safety around such structures and to create
defensible space. Necessary because of fire risk
due to climate and unique topography of the
County/District.
655
HOA.103903238.11 295
Section Local Condition Explanation and Findings
TABLE 3206.2 Climatic and
Geological
Removes an exception for smoke and heat
removal in high-piled combustible storage.
Necessary because of unique climatic conditions
that increase the risk of fires. Further necessary
because risk of fire is increased due to the
prevalence of earthquakes in the County/District.
3305.5.2.1 –
Duties.
Climatic,
Geological, and
Topographical
Harmonizes this new provision to the other
longstanding requirements for fire watch within
the code. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions; and both topography and
seismic geological activity that hinders the ability
for ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
3505.9 –
Flashback
prevention.
Geological Requires protective devices to be installed on
fuel gas and oxygen lines to increase safety and
reduce risk of explosion and fire. Necessary
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
4801.3 –
DEFINITIONS.
Climatic,
Geological, and
Topographical
Clarifies the interpretation of the code for the
code user. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions; and both topography and
seismic geological activity that hinders the ability
for ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
4902.1 –
General.
Climatic,
Geological, and
Topographical
Provides definitions by which to clarify the
interpretation of the code for the code user.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions; and both topography and seismic
geological activity that hinders the ability for
ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
4906.2 –
Application.
Climatic,
Geological, and
Topographical
Serves to clarify the interpretation of the code for
the code user. Necessary because of increased
danger of fire in the County/District due to hot
and windy conditions; and both topography and
seismic geological activity that hinders the ability
for ground-based fire apparatus to gain access to
portions of the County/District, including for
656
HOA.103903238.11 296
Section Local Condition Explanation and Findings
patient care.
4906.3 –
Landscape
Plans,
4906.3.1 –
Contents.
Climatic,
Geological, and
Topographical
Original content is being moved to become
subsections of 4906.3, and these sections are
being utilized to explain the administrative
procedures for fuel modification plans in fire
hazard severity zones within the jurisdiction.
Necessary because of increased danger of fire in
the County/District due to hot and windy
conditions; and both topography and seismic
geological activity that hinders the ability for
ground-based fire apparatus to gain access to
portions of the County/District, including for
patient care.
4906.3.2 –
Penalties,
4906.3.3 –
Appeals,
4906.3.4 Fuel
modification
plan review
fee schedule.
Administrative Provide administrative procedures regarding the
fuel modification plan process.
4906.3.5,
4906.3.5.1,
4906.4,
4906.4.1,
4906.4.2,
4906.4.2.1.
Administrative Renumbering of code sections for harmonization
with longstanding local provisions within which
these processes (newly described by new State
language) have and will continue to take place.
4907.3 –
Requirements.
Administrative Provides reference to other applicable codes;
declaratory of existing law.
4907.3 –
Requirements.
Climatic and
Topographical
Local amendment providing notice of preexisting
requirement that defensible space shall also
comply with vegetation clearance requirements
elsewhere in the Fire Code (e.g., for LPG tanks,
PV, and ESS), as well as specifically within
Chapter 3 of this code. Necessary due to the
unique climate and topography of the
County/District to reduce risk of fire and to
minimize impacts of fire in Fire Hazard Severity
Zone.
5003.11.3.8 –
Floors.
Climatic and
Geological
Creates requirements for floors in buildings
where hazardous materials are used or stored.
Necessary to increase fire and life safety and to
minimize fire danger from hazardous materials.
Necessary because risk of fire and spillage of
hazardous materials is increased due to the
657
HOA.103903238.11 297
Section Local Condition Explanation and Findings
prevalence of earthquakes in the County/District.
5704.2.8.3 –
Secondary
containment.
Geological Requires secondary containment of flammable
and combustible liquids that are necessary to
increase fire and life safety and to prevent fires
involving flammable and combustible liquids from
spreading. Necessary because risk of leaks or
tank failure is increased due to the prevalence of
earthquakes in the County/District.
5704.2.8.16.1
– System
requirements.
Climatic and
Geological
Requires foam deluge system. Necessary
because of increased danger of fire in the
County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
5704.2.9.1.1 –
Required foam
fire protection
systems.
Geological and
Climatic
Requires all existing aboveground tanks
exceeding 1,500 square feet of liquid surface
area used for the storage of Class I or Class II
flammable liquids to be provided with foam fire
protection. Necessary because of increased
danger of fire in the County/District due to
climatic conditions and because risk of leaks or
tank failure is increased due to the prevalence of
earthquakes in the County/District.
5704.2.9.6.1.3
– Location of
tanks for
boilover
liquids.
Geological and
Climatic
Provides for additional spacing between tanks to
reduce fire danger and help prevent fire from
spreading to adjacent tanks. Necessary because
of increased danger of fire in the County/District
due to climatic conditions and because risk of
leaks or tank failure is increased due to the
prevalence of earthquakes in the County/District.
5704.3.7.6 –
Construction.
Geological and
Climatic
Construction and fire access requirements for
liquid storage rooms. Necessary because of
increased danger of fire in the County/District due
to climatic conditions and because risk of
explosion or container failure is increased due to
the prevalence of earthquakes in the
County/District.
5706.5.1.1 –
Location.
Geological and
Climatic
Provides increased distances for bulk transfer
and process transfer operations so that they are
farther away from the public and other buildings.
Necessary because of increased danger of fire in
the County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
658
HOA.103903238.11 298
Section Local Condition Explanation and Findings
5706.5.1.19 –
Liquid transfer.
Geological and
Climatic
Class I, II, or III liquids shall be transferred from a
tank vehicle or tank car only into an approved
atmospheric tank or approved portable tank.
Necessary because of increased danger of fire in
the County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
6104.4 –
Multiple LP-
gas container
installations.
Geological and
Climatic
Requirements for LP-gas storage tank distances.
Necessary because of increased danger of fire in
the County/District due to climatic conditions and
because risk of leaks or tank failure is increased
due to the prevalence of earthquakes in the
County/District.
CHAPTER 81
–AUTOMOBIL
E
WRECKING
YARDS
8104 – Fire
apparatus
access roads.
8106 –
Housekeeping.
8108 – Tires.
8110.4 –
Batteries.
Climatic,
Geological, and
Topographical
Creates requirements for fire access roads and
storage requirements for tire storage in
automobile wrecking yards to enable fire
apparatus and fire fighters to gain access to fight
fires and respond to emergencies. Necessary
due to the increased risks of fire, earthquake
damage, and unpredictable power fluctuations
that are consequences of the unique climatic,
topographical, and geological conditions of the
County/District. These factors also complicate
response times, water needs and availability, and
access.
CHAPTER 82
–
INFRACTION
S.
Administrative Lists the violations deemed to be infractions
rather than the standard misdemeanor required
by the provisions of Chapter 1.
CHAPTER 83
–
CONSOLIDAT
ED FIRE
PROTECTION
DISTRICT OF
LOS
ANGELES
COUNTY
FIRE CODE
Administrative Declaration of this code as the Fire Code for the
Consolidated Fire Protection District of
Los Angeles County (“District”).
APPENDIX B,
Section
B105.1 – One-
and two-family
Topographical
and Climatic
Provides for increased minimum fire-flow in fire
hazard severity zones to allow for more water to
be available to fight fires. Necessary because of
increased danger of fire in the County/District due
659
HOA.103903238.11 299
Section Local Condition Explanation and Findings
dwellings,
Group R-3 and
R-4 buildings
and
townhouses.
to climatic and topographical conditions.
APPENDIX B,
Section
B105.5 – Land
subdivision
projects.
Topographical
and Climatic
Provides for increased fire-flow for subdivisions
of certain undeveloped land due to the
undetermined building size and type of
construction to allow for sufficient water to be
available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.
APPENDIX C,
Section
C102.2 –
Location on
street.
Topographical
and Climatic
Provides for hydrant spacing on streets to ensure
hydrants are accessible to fire fighters.
Necessary because of increased danger of fire in
the County/District due to climatic and
topographical conditions.
APPENDIX C,
Section
C105.2 – One-
and two-family
dwellings, and
Group R-3
buildings.
Topographical
and Climatic
Provides for hydrant spacing to ensure that water
is available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.
APPENDIX C,
Section
C105.3 -
Buildings other
than one- and
two-family
dwellings, and
Group R-3
buildings.
Topographical
and Climatic
Provides for hydrant spacing for buildings other
than one- and two-family dwellings, and Group R-
3 buildings to ensure that there is adequate water
supply available to fight fires. Necessary
because of increased danger of fire in the
County/District due to climatic and topographical
conditions.
APPENDIX C,
Section
C105.4 –
Cul-de-sac
hydrant
location.
Topographical
and Climatic
Provides for hydrant spacing for cul-de-sacs to
ensure that there is adequate water supply
available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.
APPENDIX C,
Section C106 -
On-site
hydrants.
Topographical
and Climatic
Provides requirements for on-site hydrants to
ensure that there is adequate water supply
available to fight fires. Necessary because of
increased danger of fire in the County/District due
to climatic and topographical conditions.
APPENDIX O, Topographical, Provides various design and location
660
HOA.103903238.11 300
Section Local Condition Explanation and Findings
Section O103
– General
requirements.
Geographic, and
Climatic
requirements for temporary haunted houses,
ghost walks, and similar amusement uses where
the means of egress are not apparent due to
decorative materials, confusing sounds, and/or
visual effects. Necessary because of increased
danger of fire in the County/District due to
climatic and topographical conditions and the
prevalence of earthquakes in the County/District.
APPENDIX PP
– LOCAL
AGENCY
VERY HIGH
FIRE HAZARD
SEVERITY
ZONES
Administrative Portion of ordinance serving to fulfill the Statutory
requirements of the County/District per California
Government Code Sections 51175 through
51189. Recognizes the authorities of the State to
impose Fire Hazard Severity Zone designations
and of individual cities to expand upon them
within the parameters defined by State statute.
Also serves to define the “Malibu–Santa Monica
Mountains Area” and the “San Gabriel Mountains
Southface Area” for the sprinkler provisions
therein, as described in Chapter 9.
APPENDIX
QQ – LOS
ANGELES
COUNTY
FIRE-CODE
FEE
SCHEDULE
Administrative Provides the code user with the Fire Department
fee schedule, specifically for the services
provided by the Fire Department in accordance
with the Fire Code.
APPENDIX
RR – RIFLE
RANGE
Topographical
and Climatic
Provides the basic fire- and life-safety
requirements for the operation of rifle ranges.
Necessary because of increased danger of fire in
the County/District due to climatic and
topographical conditions.
SECTION This ordinance shall become effective 30 days after it is
adopted.
[TITLE32FIRECODE2022AVCC]
661
SECTION 447.This ordinance shall
be published in The Daily Commerce a
newspaper printed and published in the County of Los Angeles.
Chair
ATTEST:
Celia Zavala
Executive Officer -
Clerk of the Board of Supervisors
County of Los Angeles
I hereby certify that
at its meeting of January 31, 2023
the foregoing
ordinance was adopted by the Board of Supervisors of said County of Los Angeles by the
following vote, to wit:
Supervisors
S
upervisors
Effective Date:March 2,
2023
Operative Date:Celia Zavala
Executive Officer -
Clerk of the Board of Supervisors
County of Los Angeles
APPROVED AS TO FORM:
DAWYN R. HARRISON
Interim County Counsel
By
Nicole Davis Tinkham 662
HOA.103903238.11 3
Chief Deputy County Counsel
S:\Ordinances\County Counsel\2023\2023-0008
663
ADOPTING THE 2023 LOS ANGELES COUNTY FIRE CODE AS THE HERMOSA BEACH FIRE CODE
Introduction of Ordinance:
664
AGENDA
•Code Adoption Process
•Local Amendments
•Community Benefits
•Summary
665
Fire Code Adoption Process
INTERNATIONAL FIRE CODE EFFECTIVE DATE
JANUARY 20221
2 CALIFORNIA FIRE CODE (WITH STATE AMENDMENTS)PUBLISH DATE
July 2022
3 CALIFORNIA FIRE CODE EFFECTIVE DATE
JANUARY 2023
4 LOS ANGELES FIRE CODE (TITLE 32) ADOPTION DATE
JANUARY 31, 2023
5 LOS ANGELES FIRE CODE (TITLE 32) EFFECTIVE DATE
MARCH 2, 2023
HERMOSA BEACH ADOPTED CALIFORNIA BUILDING STANDARDS CODES
NOVEMBER 29, 2022
CODE CHANGES OCCUR EVERY 3 YEARS
666
JURISDICTIONS MAY ADOPT MORE RESTRICTIVE LOCAL AMENDMENTS
Automatic Sprinkler Systems required when Alteration or Expansion of an Existing Building exceeds:
50% of the Existing Floor
Area
50% of the Existing
Valuation
Fire Protection Improvement Fee
Charged at a rate of $0.09 per
square foot of new residential floor
area, and $0.115 of new
nonresidential floor area
Funds used to maintain and add
to the Hermosa Beach fire
protection infrastructure
Due to local climatic,
geological, or
topographical
conditions
667
•INCREASED PROTECTION
FOR THE:
o PUBLIC
o PROPERTY
o FIRE FIGHTING PERSONEL
•ONGOING FUNDING FOR
INFRASTRUCTURE WITHOUT
A DIRECT COST TO THE
LOCAL COMMUNITY
BENEFITS TO THE COMMUNITY
668
STAFF RECOMMENDATIONS AND NEXT STEPS
•Introduce Ordinance to Adopt The
Los Angeles County Fire Code
•Direct Staff to set Public Hearing for
July 11, 2023
•Direct City Clerk to Publish
Summary Ordinance
669
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0333
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
ADOPTION OF FISCAL YEAR 2023-24 BUDGET
(Finance Director Viki Copeland)
Recommended Action:
Staff recommends the City Council:
1.Receive public testimony regarding the Fiscal Year 2023-24 Budget (Attachment 1);
2.Approve contracts for services contained in the table herein;
3.Approve the revision to the Financial Policies on Fund Balance increasing the Contingency in
the General Fund from 16 percent to 20 percent (Attachment 2),redline version (Attachment
3);
4.Assign $1,030,558 in the General Fund’s fund balance for Federal Emergency Management
Agency (FEMA) claims;
5.Approve transfers to the Equipment Replacement Fund (ERF)of $1,719,608 and Capital
Improvement Fund of $883,449 per the Financial Policies on Fund Balance (Attachment 2),
redline version (Attachment 3);
6.Approve the revisions to the Preliminary Budget and Five-Year Forecast as shown in the Staff
Report; and
7.Adopt a Resolution approving the 2023-24 Budget as presented in Exhibit A (Attachment 4).
Executive Summary:
The 2023-24 Budget estimates revenue growth of 7 percent and an overall expenditure increase of 5
percent.Staff recommends transfers of $997,769 from the American Rescue Plan Act Fund and
$310,537 from the CARES Act Fund and the use of unspent funds of $3,835,617 from the prior fiscal
year to establish a reserve for FEMA reimbursement claims in the General Fund,to increase the
Contingency balance from 16 to 20 percent of operating expenses,to maintain other funding goals
established in the City’s Financial Policies,and fund future Capital Improvement Projects (CIPs)
funding needs.The result is a 2023-24 budget that adds additional essential staff,supplemental
requests,and capital projects that refocus on modernizing and professionalizing the City’s core
assets of personnel, technology, and foundational infrastructure.
City of Hermosa Beach Printed on 6/8/2023Page 1 of 10
powered by Legistar™670
Staff Report
REPORT 23-0333
Background:
On April 20,2023,a study session was held for the 2023-24 Capital Improvement Program to review
the 55 projects proposed for the upcoming fiscal year.The 2023-24 Capital Improvement Program
totals $30.7 million, which includes $24.3 million in estimated carryover funds from 2022-23.
The City utilized an interactive online budget document for the third year and City Council held a
special meeting as the FY 2023-24 Budget Study Session on June 7, 2023.
Past Board, Commission and Council Actions
Meeting Date Description
April 20, 2023 City Council held the 2023-24 Capital Improvement
Program Study Sessions
June 7, 2023 City Council held the FY 2023-24 Budget Study Session
Analysis:
The chart on the following page shows the steps taken to balance the budget:
City of Hermosa Beach Printed on 6/8/2023Page 2 of 10
powered by Legistar™671
Staff Report
REPORT 23-0333
The balancing summary indicates a balance of $2.7 million remaining after considering revenue
assumptions,appropriations,and transfers in and out.Supplemental requests from departments and
position requests are funded at levels shown.
As a part of the Midyear Budget Review on February 28,2023,staff recommended assigning the
unspent General Funds from 2021-22 of $3,835,617 for the 2023-24 Budget process,at which time it
would be determined if the funds need to remain in the General Fund or should transfer to meet
City of Hermosa Beach Printed on 6/8/2023Page 3 of 10
powered by Legistar™672
Staff Report
REPORT 23-0333
would be determined if the funds need to remain in the General Fund or should transfer to meet
funding goals, in accordance with the City’s financial policies.
Staff recommends transferring the remaining $997,769 from the American Rescue Plan Act (ARPA)
of 2021 Fund to the General Fund for public safety costs.The covered period for eligible
expenditures is March 21,2021 to December 31,2024.Costs must be obligated by December 31,
2024 and must be expended by December 31, 2026.
Staff also recommends transferring $310,537 in unrestricted funds from the CARES Act Fund to the
General Fund. The CARES Act Fund and ARPA Funds will be closed.
Staff recommends that unspent funds remaining from the 2021-22 Budget and available funds from
the 2023-24 Budget be used for the following:
·$1,995,803 increase to the Contingency balance to new 20 percent funding goal.
·The City’s Contingency or "Rainy Day Funds"are established at 16 percent of the
General Fund operating budget.With the uncertainty in the economy and
unpredictability of forecasts,staff recommends that we move from the minimum best
practice level of 16 percent to 20 percent or an additional $1,995,803.
·$5,000 increase transfers to Lighting/Landscaping to cover supplemental requests.
·$1,030,558 to create a reserve for FEMA reimbursement claims in the General Fund.
·Staff recommends $1,030,558 be set aside to cover any disallowed FEMA claims that
may occur. CARES Act funds were identified previously as a source for this purpose.
·$1,719,608 to the Equipment Replacement Fund.
·The Equipment Replacement Fund is under the funding goal amount by $1,719,608
including supplemental requests included in the 2023-24 Preliminary Budget.Staff
recommends that amount be transferred to meet the goal.
·$883,499 to the Capital Projects Fund to fund future CIP funding needs.
·With that transfer,the fund balance in the Capital Improvement Fund will be
$1,501,665.
City of Hermosa Beach Printed on 6/8/2023Page 4 of 10
powered by Legistar™673
Staff Report
REPORT 23-0333
Revisions to Preliminary Budget and Five-Year Forecast
·An updated Five-Year Forecast is provided (Attachment 7)with a redline version
(Attachment 8)which factors the March 11,2027 end to the Lot C (Parking Structure)
revenue sharing agreement with the County.The payment to the County of 50 percent of the
revenue from Lot C is in the budget as an expenditure,so the change results in an estimated
reduction in expenditures of $140,979 for 2026-27,and $459,440 annually for 2027-28 and
2028-29.The reduction in expenditures would eliminate the small,forecast deficit of
($251,126)in 2027-28 and reduce the deficit from ($1,155,254)to ($695,814)in 2028-29.See
revised forecast graph below.
Five-Year Forecast
·Staff recommends suspension of its supplemental request of $720 for internet services from
the City Council Telephone account 001-1101-4304,reducing the appropriation from $970 to
$250.The $720 would be added to the Prospective Expenditures account 001-1214-4322,
increasing the appropriation from $250,000 to $250,720.
City of Hermosa Beach Printed on 6/8/2023Page 5 of 10
powered by Legistar™674
Staff Report
REPORT 23-0333
Contracts for Services
The following contracts are extensions of existing contracts.Rather than submitting them individually
on future agendas,they are included here for approval.Comments regarding staff’s satisfaction with
the current providers are included. The contracts are on file for review in the Finance Department.
DEPARTMENT/CONTRACTOR SERVICE PROVIDED TERM/AMOUNT
City Clerk
Granicus, LLC
7/1/23–6/30/24 - $82,835
Granicus provides managed services for meeting and agenda
management, video streaming, citizen participation, and closed
captioning. They have met the expectations of the contract. The
contract was executed June 11, 2019. This amendment will extend
the agreement for one additional year to allow the department to
finalize an RFP process that is underway.
Jeanne O'Brien Bender
All City Management
All City Management provides Crossing Guard Services for the
school year at various locations in the city. The current contract
began in July 2022 and expires June 30, 2023. The contract has an
option to extend for two additional one-year terms.
7/1/23–8/31/2024 - $289,913
Police Department - Community Services Division
Records Management Services. O’Brien Bender Consulting has
provided professional organizing support for the Clerk’s records
division since July 11, 2022. Jeanne O’Brien Bender organizes
record transfer and destruction requests and supports all city
departments with research inquiries. She is primarily tasked with
organizing and sorting the City’s physical records located in the
Records Center .
7/1/23–6/30/24 - $40,000
Tyler Technology Support
Tyler Technologies provides the accounting software, Eden, used
for Accounts Payable, Budget, Revenue, Payroll, and Human
Resources. This will add the Automated Time and Attendance
Module to our list of modules used.
7/1/2023–6/30/24 - $45,864 for 2023-24
City Manager
Netrix, LLC
Netrix LLC provides on-site and remote Information Technology (IT)
Managed Services including technical services, server and network
infrastructure administration and management, remote monitoring,
vendor management, and assistance with best practices. The
City’s current contract was executed in July 2021 and pricing has
remined the same since that time. In addition to a contract
increase this will consolidate existing services for file backup and
storage, security tools, and security training into one contract.
7/1/2023–6/30/24 - $349,978 for 2023-24
City of Hermosa Beach Printed on 6/8/2023Page 6 of 10
powered by Legistar™675
Staff Report
REPORT 23-0333
DEPARTMENT/CONTRACTOR SERVICE PROVIDED TERM/AMOUNT
City Clerk
Granicus, LLC
7/1/23–6/30/24 - $82,835
Granicus provides managed services for meeting and agenda
management, video streaming, citizen participation, and closed
captioning. They have met the expectations of the contract. The
contract was executed June 11, 2019. This amendment will extend
the agreement for one additional year to allow the department to
finalize an RFP process that is underway.
Jeanne O'Brien Bender
All City Management
All City Management provides Crossing Guard Services for the
school year at various locations in the city. The current contract
began in July 2022 and expires June 30, 2023. The contract has an
option to extend for two additional one-year terms.
7/1/23–8/31/2024 - $289,913
Police Department - Community Services Division
Records Management Services. O’Brien Bender Consulting has
provided professional organizing support for the Clerk’s records
division since July 11, 2022. Jeanne O’Brien Bender organizes
record transfer and destruction requests and supports all city
departments with research inquiries. She is primarily tasked with
organizing and sorting the City’s physical records located in the
Records Center .
7/1/23–6/30/24 - $40,000
Tyler Technology Support
Tyler Technologies provides the accounting software, Eden, used
for Accounts Payable, Budget, Revenue, Payroll, and Human
Resources. This will add the Automated Time and Attendance
Module to our list of modules used.
7/1/2023–6/30/24 - $45,864 for 2023-24
City Manager
Netrix, LLC
Netrix LLC provides on-site and remote Information Technology (IT)
Managed Services including technical services, server and network
infrastructure administration and management, remote monitoring,
vendor management, and assistance with best practices. The
City’s current contract was executed in July 2021 and pricing has
remined the same since that time. In addition to a contract
increase this will consolidate existing services for file backup and
storage, security tools, and security training into one contract.
7/1/2023–6/30/24 - $349,978 for 2023-24
City of Hermosa Beach Printed on 6/8/2023Page 7 of 10
powered by Legistar™676
Staff Report
REPORT 23-0333
DEPARTMENT/CONTRACTOR SERVICE PROVIDED TERM/AMOUNTCity ClerkGranicus, LLC 7/1/23–6/30/24 - $82,835Granicus provides managed services for meeting and agenda management, video streaming, citizen participation, and closed captioning. They have met the expectations of the contract. The contract was executed June 11, 2019. This amendment will extend the agreement for one additional year to allow the department to finalize an RFP process that is underway.Jeanne O'Brien Bender
All City Management
All City Management provides Crossing Guard Services for the school year at various locations in the city. The current contract
began in July 2022 and expires June 30, 2023. The contract has an
option to extend for two additional one-year terms.
7/1/23–8/31/2024 - $289,913
Police Department - Community Services DivisionRecords Management Services. O’Brien Bender Consulting has provided professional organizing support for the Clerk’s records division since July 11, 2022. Jeanne O’Brien Bender organizes record transfer and destruction requests and supports all city departments with research inquiries. She is primarily tasked with organizing and sorting the City’s physical records located in the Records Center .7/1/23–6/30/24 - $40,000Tyler Technology Support Tyler Technologies provides the accounting software, Eden, used for Accounts Payable, Budget, Revenue, Payroll, and Human Resources. This will add the Automated Time and Attendance Module to our list of modules used.7/1/2023–6/30/24 - $45,864 for 2023-24City ManagerNetrix, LLC Netrix LLC provides on-site and remote Information Technology (IT) Managed Services including technical services, server and network infrastructure administration and management, remote monitoring, vendor management, and assistance with best practices. The City’s current contract was executed in July 2021 and pricing has remined the same since that time. In addition to a contract increase this will consolidate existing services for file backup and storage, security tools, and security training into one contract. 7/1/2023–6/30/24 - $349,978 for 2023-24
General Plan Consistency:
PLAN Hermosa,the City’s long-range planning document,was adopted by the City Council in August
2017,and envisions a future where “Hermosa Beach is the small town others aspire to be;a place
where our beach culture,strong sense of community,and commitment to sustainability intersect.”
One of the guiding principles to achieve the vision is to make decisions and take actions that help
contribute to the City’s economic and fiscal stability.Other relevant General Plan policies 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.
Parks and Open Space Element
Goal 1. First class, well maintained, and safe recreational facilities, parks and open spaces.
Policy:
·1.1 Facility upgrades.Improve and update park and open space facilities on a regular
basis.
Goal 2. Abundant parks, open space, and recreational facilities to serve the community.
City of Hermosa Beach Printed on 6/8/2023Page 8 of 10
powered by Legistar™677
Staff Report
REPORT 23-0333
Policy:
·2.6 Investment and maintenance.Prioritize the investment and maintenance of existing
facilities prior to development and expansion of new facilities.
Infrastructure Element
Goal 1. Infrastructure systems are functional, safe, and well maintained.
Policy:
·1.2 Priority investments.Use City Council established priorities and the Capital
Improvement Program (CIP)to identify and allocate funding for projects identified in the
infrastructure plan.
Public Safety Element
Goal 5. High quality police and fire protection services provided to residents and visitors.
Policy:
·5.2 High level of response.Achieve optimal utilization of allocated public safety resources
and provide desired levels of response, staffing, and protection within the community.
Fiscal Impact:
The recommendations contained in the Preliminary Budget reflect foundational improvements in
operations,technology,and infrastructure.The 2023-24 Budget,including all funds,estimates
revenue of $71,653,328 and appropriations of $91,466,545,of which $30,749,298 is for Capital
Improvement Projects with $24,296,454 carried forward from prior year Capital Improvement
Projects.
Attachments:
1. Link to 2023-24 Preliminary Budget
2. Financial Policies
3. Financial Policies (Redline Version)
4. Resolution of Budget Adoption, including Exhibit A-Budget Summary
5. Link to April 20, 2023 CIP Study Session Staff Report
City of Hermosa Beach Printed on 6/8/2023Page 9 of 10
powered by Legistar™678
Staff Report
REPORT 23-0333
6. Link to June 7, 2023 Budget Workshop Staff Report
7. Five-Year Forecast
8. Five-Year Forecast (Redline Version)
Respectfully Submitted by: Viki Copeland, Finance Director
Legal Review: Patrick Donegan, City Attorney
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Printed on 6/8/2023Page 10 of 10
powered by Legistar™679
Financial Policies
Fund Balance Policies
The City Council has adopted policies for specific fund balances or reserve funds:
General Fund:
Any funds remaining unspent at year-end in the General Fund transfer equally to the
Contingency Reserve, Insurance Fund, Equipment Replacement Fund, Capital Improvement
Fund, and Capital Facility Reserve. The Capital Facility Reserve will be established in the
Capital Improvement Fund. Transfers may be redirected as the need arises.
Contingencies*:
The adopted goal is to maintain fund balance equal to 20 percent of the General Fund
appropriations for economic uncertainties and unforeseen emergencies.
Compensated Absences:
The adopted goal is to maintain fund balance equal to 25 percent funding for accrued
liabilities for employee vacation, sick and compensatory time.
Retirement Stabilization:
These funds are to be set aside in a retirement trust for use during periods of unstable
rates.
Insurance Fund:
The adopted goal is to maintain $3,000,000 in net assets for unanticipated claims and
catastrophic losses. Claims liabilities are recorded at the 56 percent probability level.
Equipment Replacement Fund:
The adopted goal is to maintain net assets equal to the accumulated amount calculated for
all equipment, based on replacement cost and useful life of equipment.
*The Contingencies balance in the General Fund is intended to serve as a hedge against
uncertainty in the estimates used in the budget and multi-year forecast and as a reserve in
the event of an emergency. Risks associated with estimates include the following:
Revenue risks: Revenue falling short of budget estimates may cause deficits. Transitional
funding may be necessary to respond to reductions in major revenue due to local, regional,
and national economic downturns (which could range from one year to several years).
State budget risks: In the past, the State implemented budget solutions that legislatively
reallocated intergovernmental revenue from local jurisdictions to the State (in the absence
680
of guarantees or constitutional protection of these revenues). These include property taxes,
sales taxes, gas taxes, grants, and reimbursements.
Uncontrollable costs: Fluctuation in retirement costs due to market conditions and pension
system investment performance. The City does also have funds set aside for Retirement
Stabilization. In addition, there may be other cost increases that are beyond the City's
control (e.g., fuel, utility charges).
Accounting and Reporting Policies
The City's accounting and financial reporting systems are maintained in conformance with
all state and federal laws, generally accepted accounting principles (GAAP), standards of
the Governmental Accounting Standards Board (GASB) and the Government Finance
Officers Association (GFOA). Further, the City strives to implement all changes to
governmental accounting practices at the earliest practicable time.
An annual audit is performed by an independent public accounting firm with an audit
opinion to be included with the City's published Annual Comprehensive Financial Report
(Annual Report).
The City's Annual Report presents budgetary comparisons as part of audited basic financial
statements.
The City's Annual Report is submitted to the GFOA Certification of Achievement for
Excellence in Financial Reporting Program annually. The financial report should be in
conformity with GAAP, demonstrate compliance with finance related, legal and contractual
provisions, disclose thoroughness and detail sufficiency and minimize ambiguities and
potentials for misleading inference.
The City's Annual Report will also be submitted to the California Society of Municipal
Finance Officers (CSMFO) Awards Program and to national repositories identified by the
City's bond trust agent in compliance with continuing disclosure requirements and to
enable investors to make informed decisions.
Internal Controls
A system of effective internal controls will be maintained that assures only properly
authorized expenditures, recordings of financial transactions, and accounting entries are
executed and provides for the physical security of City funds and assets.
The City's independent auditor conducts annual reviews of the City's internal controls in
conjunction with the annual audit to assure that adequate internal controls exist, at a
reasonable cost, and that fiscal practices are in compliance with federal, state and city rules
and regulations.
681
The City's cash handling practices are also reviewed in conjunction with the independent
audit.
Classification of Fund Balance
In accordance with the Government Accounting Standards Board (GASB) Statement No. 54,
classifications of fund balance used are as follows:
Non-spendable fund balances include amounts that cannot be spent because they are either
(a) not in spendable form, or (b) legally or contractually required to be maintained intact.
Examples are inventory, prepaid items and long-term notes receivable.
Restricted fund balance—amounts constrained to specific purposes by their providers
(such as grantors, bondholders, and higher levels of government), through constitutional
provisions, or by enabling legislation.
Committed fund balances are self-imposed limitation by the highest level of decision-
making authority, namely the City Council, prior to the end of the reporting period. City
Council approval is required to commit resources or to rescind the commitment.
Assigned fund balances are limitations imposed by management based on the intended use
of the funds. Modifications or rescissions of the constraints can be removed by the same
type of action that limited the use of the funds.
Unassigned fund balances represent funds that have not been restricted, committed or
assigned to specific purposes with the general fund.
Pension and Other Post Employment Benefit (OPEB)
Funding
Pension
The City's retirement plan for full-time employees is provided through California Public
Employees Retirement System (CalPERS). The City's contributions to the plan fluctuate
each year based on an annual actuarial plan valuation. This variable rate employer
contribution includes the normal cost of providing contracted benefits plus or minus an
amortization of plan changes and net actuarial gains and losses since the last valuation
period.
It is the City's policy to make contributions to the plan equaling 100 percent of the
actuarially required contribution (ARC). The City pays the entire actuarially required
contribution each year, therefore, by definition, its net pension obligation at the end of each
year is $0. Any unfunded actuarial liability is amortized and paid in accordance with the
actuary's funding recommendations.
682
CalPERS allows for the prepayment of the annual unfunded liability payment each year.
The City will evaluate the prepayment of retirement contributions to CalPERS annually to
determine if there are savings.
In 2003, CalPERS "pooled" the City's retirement plans with other cities of similar size. The
liability that existed at the time the plans were pooled is referred to as the side fund and
will result in a decrease in rates once the side fund liability is paid off. It is the City's policy
to utilize the CalPERS side fund payoff savings toward stabilizing the City's retirement rates
and depositing the funds into a retirement trust.
OPEB
The City participates in a post-retirement health care plan trust administered by Public
Agency Retirement Services (PARS). Varying benefits are provided according to the City's
Memorandums of Understanding (MOU's) with each employee group.
It is the City's policy to make contributions to the plan equaling 100 percent of the
actuarially required contribution (ARC). The City pays the entire actuarially required
contribution each year, therefore, by definition, its net pension obligation at the end of each
year is $0. Any unfunded actuarial liability is amortized and paid in accordance with the
actuary's funding recommendations. An actuarial study is performed every two years in
accordance with Governmental Accounting Board Standards (GASB) 45.
Internal Service Funds
The City uses internal service funds to account for equipment replacement costs, insurance
costs, building maintenance costs, information technology costs and to account for the
financing of goods and services provided by one department to other departments of the
City through user service charges.
Internal Service Funds shall be used to equitably distribute facility, vehicle and equipment
replacement and maintenance costs among City user departments and to assure that
adequate funding is on hand to replace and maintain assets and pay liabilities.
Internal Service Funds are maintained to account for insurance payments and claims
liabilities and to provide a mechanism to fully fund such costs and liabilities.
Budget Policies
When both restricted and unrestricted resources are available for use, it is the City's policy
to use restricted resources first, then unrestricted resources (committed, assigned and
unassigned) as needed when expenditures are incurred.
One-time revenue will be reserved or used for one-time expenditures or capital
improvements. Conversely, on-going revenues will be used to fund on-going expenditures.
683
The City will prepare a five-year forecast annually to emphasize and facilitate long range
financial planning as well as a five-year capital improvement plan.
The City will prepare a budget summary or a budget in brief to summarize financial factors,
provide financial summaries and identify key issues affecting the budget as a tool to
educate and involve the public.
It is the City's policy to adopt a balanced General Fund budget where operating revenue is
equal to, or exceeds, operating expenditures. In the event a balanced budget is not adopted,
a specific plan will be presented to the City Council for returning the budget to a balanced
position.
The City Council and Department Heads will be provided with monthly summary financial
reports, by fund, comparing actual revenues and expenditures to budgeted amounts.
The City Council adopted a target Pavement Condition Index (PCI) of 81 from the
Management Plan (PMP). The Plan concluded that the average citywide street network
Pavement Condition Index (PCI) for Hermosa Beach was 70 in 2016. The PMP estimated a
10 year period to achieve the PCI level of 81. The plan will be used to guide selection of
streets for improvement since they are prioritized in the plan. Public Works will calculate
progress toward the PCI goal annually after completion of street projects. The current
citywide PCI is 66.
The City supports consideration of collaboration with other agencies and use of
alternatives for service delivery when practicable. Existing examples are shared
dispatching services through the South Bay Regional Communication Authority and Fire
services contracted with the County of Los Angeles.
The City supports development of private/public partnerships where opportunities exist.
An analysis of potential savings for prepayment of retirement contributions will be
conducted on an annual basis to determine if prepayment would be beneficial.
Budget Process
The budget process begins each year in February with a Pre-Budget Policy meeting with
the City Council, City Manager and Department Heads. The meeting is an early opportunity
to review City Council goals, identify upcoming issues that may affect the budget and a
chance for the City Council to discuss policy issues that may impact budget preparation.
Department Heads prepare estimates of revenues and department expenditures for
submission to the Finance Director. The City Manager and Finance Director meet with each
department to review the estimates and discuss requests. From these meetings, the
preliminary budget is developed. The Capital Improvement Budget, which is part of the
same document, follows the same process.
684
The City Manager is required to submit a preliminary budget to the City Council on or
before May 15th of each year. One or two public workshops are held in May and June to
review the budget and receive public input. One formal public hearing is held in June, prior
to budget adoption. The City Council must adopt an annual budget, by resolution, on or
before June 30 for the coming fiscal year (July 1 - June 30). If the budget is not adopted by
that date, the preliminary budget, except for capital outlays, goes into effect until the
budget is adopted.
The budget may be amended during the year as necessary. A Midyear Budget Review is
conducted in February, at which time adjustments to revenue estimates and appropriations
are made. Expenditures may not exceed appropriations at the fund level. The City Manager
may approve transfers of appropriations within funds; transfers of appropriations from
one fund to another require City Council approval.
Budgets are adopted for all governmental and proprietary funds on a basis consistent with
generally accepted accounting principles.
Appropriation Limitation
The City Council annually adopts a resolution establishing the City's appropriation limit in
accordance with Article XIII-B of the Constitution of the State of California, Section 7900 of
the State of California Government Code. The resolution is considered in conjunction with
adoption of the annual budget. The limit is reviewed by the City's independent auditors as
required by law.
Revenue Policies
The City will estimate annual revenue using an objective, analytical process; specific
assumptions will be documented and maintained. Budgeted revenues will be estimated
conservatively using accepted standards, trends and estimates provided by the state, other
governmental agencies, reliable economic forecasters and/or consultants when available.
The City plans to conduct a user fee study as least every five years to ensure cost recovery
and subsidy levels are correct and to ensure that service delivery methods are represented
accurately in the study. The study will determine the full cost of providing services and
identify subsidy levels so that the appropriate recovery level may be set. The latest user fee
study was conducted in 2016.
The City supports exploring grant opportunities and will seek to apply for all grants that
may practically be implemented and that align with the City's goals and strategies.
685
Debt Service
The City will typically consider the use of debt (bonds, certificates of participation or
capital leases) only for one-time capital improvement projects. The project's useful life will
not exceed the term of the financing. Debt financing will not be used for current operations.
Even though California Government Code Section 43605 provides for a legal debt limit of
15 percent of gross assessed valuation, the City uses a limit of 2 percent. (Because this
provision was enacted when assessed valuation was based on 25 percent of market value,
the valuation will be calculated at 25 percent before the debt limit is applied).
The City will seek to obtain the highest possible bond rating and to maintain or improve the
rating in order to minimize borrowing costs and preserve access to credit. S&P Global
Ratings, a business unit of Standard and Poor's Financial Services LLC ("S&P") has assigned
its municipal bond rating of "AA+" to the 2020 Bonds.
The City will generally conduct financings on a competitive basis; however, negotiated
financings may be used where market volatility or the use of an unusual or complex
financing or security structure is a concern with regard to marketability.
Investment Policies
Investments are governed by a separate investment policy that is adopted by resolution
upon recommended changes by the City Treasurer.
Website Presentation of Financial Documents
The City will use its website to present official financial documents of the City and other
financial documents that may be of interest to the public and as an important investor
relations tool.
686
Financial Policies
Fund Balance Policies
The City Council has adopted policies for specific fund balances or reserve funds:
General Fund:
Any funds remaining unspent at year-end in the General Fund transfer equally to the
Contingency Reserve, Insurance Fund, Equipment Replacement Fund, Capital Improvement
Fund, and Capital Facility Reserve. The Capital Facility Reserve will be established in the
Capital Improvement Fund. Transfers may be redirected as the need arises.
Contingencies*:
The adopted goal is to maintain fund balance equal to 16 20 percent of the General Fund
appropriations for economic uncertainties and unforeseen emergencies.
Compensated Absences:
The adopted goal is to maintain fund balance equal to 25 percent funding for accrued
liabilities for employee vacation, sick and compensatory time.
Retirement Stabilization:
These funds are to be set aside in a retirement trust for use during periods of unstable
rates.
Insurance Fund:
The adopted goal is to maintain $3,000,000 in net assets for unanticipated claims and
catastrophic losses. Claims liabilities are recorded at the 56 percent probability level.
Equipment Replacement Fund:
The adopted goal is to maintain net assets equal to the accumulated amount calculated for
all equipment, based on replacement cost and useful life of equipment.
*The Contingencies balance in the General Fund is intended to serve as a hedge against
uncertainty in the estimates used in the budget and multi-year forecast and as a reserve in
the event of an emergency. Risks associated with estimates include the following:
Revenue risks: Revenue falling short of budget estimates may cause deficits. Transitional
funding may be necessary to respond to reductions in major revenue due to local, regional,
and national economic downturns (which could range from one year to several years).
State budget risks: In the past, the State implemented budget solutions that legislatively
reallocated intergovernmental revenue from local jurisdictions to the State (in the absence
687
of guarantees or constitutional protection of these revenues). These include property taxes,
sales taxes, gas taxes, grants, and reimbursements.
Uncontrollable costs: Fluctuation in retirement costs due to market conditions and pension
system investment performance. The City does also have funds set aside for Retirement
Stabilization. In addition, there may be other cost increases that are beyond the City's
control (e.g., fuel, utility charges).
Accounting and Reporting Policies
The City's accounting and financial reporting systems are maintained in conformance with
all state and federal laws, generally accepted accounting principles (GAAP), standards of
the Governmental Accounting Standards Board (GASB) and the Government Finance
Officers Association (GFOA). Further, the City strives to implement all changes to
governmental accounting practices at the earliest practicable time.
An annual audit is performed by an independent public accounting firm with an audit
opinion to be included with the City's published Annual Comprehensive Financial Report
(Annual Report).
The City's Annual Report presents budgetary comparisons as part of audited basic financial
statements.
The City's Annual Report is submitted to the GFOA Certification of Achievement for
Excellence in Financial Reporting Program annually. The financial report should be in
conformity with GAAP, demonstrate compliance with finance related, legal and contractual
provisions, disclose thoroughness and detail sufficiency and minimize ambiguities and
potentials for misleading inference.
The City's Annual Report will also be submitted to the California Society of Municipal
Finance Officers (CSMFO) Awards Program and to national repositories identified by the
City's bond trust agent in compliance with continuing disclosure requirements and to
enable investors to make informed decisions.
Internal Controls
A system of effective internal controls will be maintained that assures only properly
authorized expenditures, recordings of financial transactions, and accounting entries are
executed and provides for the physical security of City funds and assets.
The City's independent auditor conducts annual reviews of the City's internal controls in
conjunction with the annual audit to assure that adequate internal controls exist, at a
reasonable cost, and that fiscal practices are in compliance with federal, state and city rules
and regulations.
688
The City's cash handling practices are also reviewed in conjunction with the independent
audit.
Classification of Fund Balance
In accordance with the Government Accounting Standards Board (GASB) Statement No. 54,
classifications of fund balance used are as follows:
Non-spendable fund balances include amounts that cannot be spent because they are either
(a) not in spendable form, or (b) legally or contractually required to be maintained intact.
Examples are inventory, prepaid items and long-term notes receivable.
Restricted fund balance—amounts constrained to specific purposes by their providers
(such as grantors, bondholders, and higher levels of government), through constitutional
provisions, or by enabling legislation.
Committed fund balances are self-imposed limitation by the highest level of decision-
making authority, namely the City Council, prior to the end of the reporting period. City
Council approval is required to commit resources or to rescind the commitment.
Assigned fund balances are limitations imposed by management based on the intended use
of the funds. Modifications or rescissions of the constraints can be removed by the same
type of action that limited the use of the funds.
Unassigned fund balances represent funds that have not been restricted, committed or
assigned to specific purposes with the general fund.
Pension and Other Post Employment Benefit (OPEB)
Funding
Pension
The City's retirement plan for full-time employees is provided through California Public
Employees Retirement System (CalPERS). The City's contributions to the plan fluctuate
each year based on an annual actuarial plan valuation. This variable rate employer
contribution includes the normal cost of providing contracted benefits plus or minus an
amortization of plan changes and net actuarial gains and losses since the last valuation
period.
It is the City's policy to make contributions to the plan equaling 100 percent of the
actuarially required contribution (ARC). The City pays the entire actuarially required
contribution each year, therefore, by definition, its net pension obligation at the end of each
year is $0. Any unfunded actuarial liability is amortized and paid in accordance with the
actuary's funding recommendations.
689
CalPERS allows for the prepayment of the annual unfunded liability payment each year.
The City will evaluate the prepayment of retirement contributions to CalPERS annually to
determine if there are savings.
In 2003, CalPERS "pooled" the City's retirement plans with other cities of similar size. The
liability that existed at the time the plans were pooled is referred to as the side fund and
will result in a decrease in rates once the side fund liability is paid off. It is the City's policy
to utilize the CalPERS side fund payoff savings toward stabilizing the City's retirement rates
and depositing the funds into a retirement trust.
OPEB
The City participates in a post-retirement health care plan trust administered by Public
Agency Retirement Services (PARS). Varying benefits are provided according to the City's
Memorandums of Understanding (MOU's) with each employee group.
It is the City's policy to make contributions to the plan equaling 100 percent of the
actuarially required contribution (ARC). The City pays the entire actuarially required
contribution each year, therefore, by definition, its net pension obligation at the end of each
year is $0. Any unfunded actuarial liability is amortized and paid in accordance with the
actuary's funding recommendations. An actuarial study is performed every two years in
accordance with Governmental Accounting Board Standards (GASB) 45.
Internal Service Funds
The City uses internal service funds to account for equipment replacement costs, insurance
costs, building maintenance costs, information technology costs and to account for the
financing of goods and services provided by one department to other departments of the
City through user service charges.
Internal Service Funds shall be used to equitably distribute facility, vehicle and equipment
replacement and maintenance costs among City user departments and to assure that
adequate funding is on hand to replace and maintain assets and pay liabilities.
Internal Service Funds are maintained to account for insurance payments and claims
liabilities and to provide a mechanism to fully fund such costs and liabilities.
Budget Policies
When both restricted and unrestricted resources are available for use, it is the City's policy
to use restricted resources first, then unrestricted resources (committed, assigned and
unassigned) as needed when expenditures are incurred.
One-time revenue will be reserved or used for one-time expenditures or capital
improvements. Conversely, on-going revenues will be used to fund on-going expenditures.
690
The City will prepare a five-year forecast annually to emphasize and facilitate long range
financial planning as well as a five-year capital improvement plan.
The City will prepare a budget summary or a budget in brief to summarize financial factors,
provide financial summaries and identify key issues affecting the budget as a tool to
educate and involve the public.
It is the City's policy to adopt a balanced General Fund budget where operating revenue is
equal to, or exceeds, operating expenditures. In the event a balanced budget is not adopted,
a specific plan will be presented to the City Council for returning the budget to a balanced
position.
The City Council and Department Heads will be provided with monthly summary financial
reports, by fund, comparing actual revenues and expenditures to budgeted amounts.
The City Council adopted a target Pavement Condition Index (PCI) of 81 from the
Management Plan (PMP). The Plan concluded that the average citywide street network
Pavement Condition Index (PCI) for Hermosa Beach was 70 in 2016. The PMP estimated a
10 year period to achieve the PCI level of 81. The plan will be used to guide selection of
streets for improvement since they are prioritized in the plan. Public Works will calculate
progress toward the PCI goal annually after completion of street projects. The current
citywide PCI is 66.
The City supports consideration of collaboration with other agencies and use of
alternatives for service delivery when practicable. Existing examples are shared
dispatching services through the South Bay Regional Communication Authority and Fire
services contracted with the County of Los Angeles.
The City supports development of private/public partnerships where opportunities exist.
An analysis of potential savings for prepayment of retirement contributions will be
conducted on an annual basis to determine if prepayment would be beneficial.
Budget Process
The budget process begins each year in February with a Pre-Budget Policy meeting with
the City Council, City Manager and Department Heads. The meeting is an early opportunity
to review City Council goals, identify upcoming issues that may affect the budget and a
chance for the City Council to discuss policy issues that may impact budget preparation.
Department Heads prepare estimates of revenues and department expenditures for
submission to the Finance Director. The City Manager and Finance Director meet with each
department to review the estimates and discuss requests. From these meetings, the
preliminary budget is developed. The Capital Improvement Budget, which is part of the
same document, follows the same process.
691
The City Manager is required to submit a preliminary budget to the City Council on or
before May 15th of each year. One or two public workshops are held in May and June to
review the budget and receive public input. One formal public hearing is held in June, prior
to budget adoption. The City Council must adopt an annual budget, by resolution, on or
before June 30 for the coming fiscal year (July 1 - June 30). If the budget is not adopted by
that date, the preliminary budget, except for capital outlays, goes into effect until the
budget is adopted.
The budget may be amended during the year as necessary. A Midyear Budget Review is
conducted in February, at which time adjustments to revenue estimates and appropriations
are made. Expenditures may not exceed appropriations at the fund level. The City Manager
may approve transfers of appropriations within funds; transfers of appropriations from
one fund to another require City Council approval.
Budgets are adopted for all governmental and proprietary funds on a basis consistent with
generally accepted accounting principles.
Appropriation Limitation
The City Council annually adopts a resolution establishing the City's appropriation limit in
accordance with Article XIII-B of the Constitution of the State of California, Section 7900 of
the State of California Government Code. The resolution is considered in conjunction with
adoption of the annual budget. The limit is reviewed by the City's independent auditors as
required by law.
Revenue Policies
The City will estimate annual revenue using an objective, analytical process; specific
assumptions will be documented and maintained. Budgeted revenues will be estimated
conservatively using accepted standards, trends and estimates provided by the state, other
governmental agencies, reliable economic forecasters and/or consultants when available.
The City plans to conduct a user fee study as least every five years to ensure cost recovery
and subsidy levels are correct and to ensure that service delivery methods are represented
accurately in the study. The study will determine the full cost of providing services and
identify subsidy levels so that the appropriate recovery level may be set. The latest user fee
study was conducted in 2016.
The City supports exploring grant opportunities and will seek to apply for all grants that
may practically be implemented and that align with the City's goals and strategies.
692
Debt Service
The City will typically consider the use of debt (bonds, certificates of participation or
capital leases) only for one-time capital improvement projects. The project's useful life will
not exceed the term of the financing. Debt financing will not be used for current operations.
Even though California Government Code Section 43605 provides for a legal debt limit of
15 percent of gross assessed valuation, the City uses a limit of 2 percent. (Because this
provision was enacted when assessed valuation was based on 25 percent of market value,
the valuation will be calculated at 25 percent before the debt limit is applied).
The City will seek to obtain the highest possible bond rating and to maintain or improve the
rating in order to minimize borrowing costs and preserve access to credit. S&P Global
Ratings, a business unit of Standard and Poor's Financial Services LLC ("S&P") has assigned
its municipal bond rating of "AA+" to the 2020 Bonds.
The City will generally conduct financings on a competitive basis; however, negotiated
financings may be used where market volatility or the use of an unusual or complex
financing or security structure is a concern with regard to marketability.
Investment Policies
Investments are governed by a separate investment policy that is adopted by resolution
upon recommended changes by the City Treasurer.
Website Presentation of Financial Documents
The City will use its website to present official financial documents of the City and other
financial documents that may be of interest to the public and as an important investor
relations tool.
693
Page 1 of 2 RES NO. 22-
CITY OF HERMOSA BEACH
RESOLUTION NO. 23-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA ADOPTING THE BUDGET FOR THE FISCAL YEAR 2023–24
WHEREAS, a budget for the fiscal year 2023–24 has been prepared by the
City Manager, and;
WHEREAS, said budget incorporates expenditures for operating purposes,
capital outlay and capital improvement projects, and;
WHEREAS, said final budget will include the appropriations limit and total
annual appropriations subject to limitation as required by Section 37200 of the
Government Code, and;
WHEREAS, the City Council has examined said budget and, after due
deliberation and consideration, has made such amendments to the budget as it
deems advisable.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council does hereby approve and adopt the
revised budget for the 2023–24 Fiscal Year as presented in the documents
entitled “City of Hermosa Beach Budget Summary 2023–24”, and attached as
“Exhibit A.”
SECTION 2. This Resolution shall take effect immediately. The City Clerk
shall certify to the passage and adoption of this Resolution; shall enter the same
in the book of original Resolutions; and shall make a minute of the passage and
adoption thereof in the records of the proceedings of the City Council meeting
at which the same is passed and adopted.
PASSED, APPROVED, and ADOPTED on this 13th day, June 2023.
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
694
Page 2 of 2 RES NO. 22-
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan,
City Clerk City Attorney
695
Major Fund Special Revenue Funds
LIGHTING
GENERAL LANDSCAPING STATE GAS
FUND FUND TAX FUND
001 105 115
ESTIMATED REVENUE
Taxes $38,301,815 $457,649 $0
Licenses/Permits $1,238,386 $0 $0
Fines/Forfeitures $1,747,450 $0 $0
Use of Money/Property $1,381,583 $4,347 $29,255
Intergovernmental/State $106,199 $0 $1,049,690
Intergovernmental/County $0 $0 $0
Intergovernmental/Federal $0 $0 $0
Current Service Charges $9,274,197 $0 $0
Other Revenue $68,621 $0 $0
TOTAL ESTIMATED REVENUE $52,118,251 $461,996 $1,078,945
INTERFUND TRANSFERS IN $1,727,688 $468,524 $0
ESTIMATED FUNDS AVAILABLE $53,845,939 $930,520 $1,078,945
FUND BALANCE
7/1/23 $15,543,370 $30,329 $1,309,457
TOTAL FUNDS AVAILABLE $69,389,309 $960,849 $2,388,402
APPROPRIATIONS
Operating Budget $49,895,086 $949,795 $50,000
Capital Outlay $58,725 $0 $0
Capital Improvements- PY $300,000 $0 $1,134,511
Capital Improvements $0 $0 840,000
TOTAL APPROPRIATIONS $50,253,811 $949,795 $2,024,511
INTERFUND TRANSFERS OUT $4,436,047 $11,054 $357,865
TOTAL APPROPRIATIONS/TRANSFERS OUT $54,689,858 $960,849 $2,382,376
ADJUST FUND BALANCE FOR
FIXED ASSET ADDITIONS
ESTIMATED FUND BALANCE 6/30/24 $14,699,451 (a)$0 $6,026
(a) CLASSIFICATIONS OF FUND BALANCE:
Restricted Previous Balance Current Balance
General Plan Maintenance Fee $0 $85,000
PEG Fees, Cable Franchise $145,593 $204,414
CASp Fees $57,613 $66,700
Marquee Donation $50,000 $50,000
Committed
In Lieu Fee/ Parking Facility $462,400 $462,400
Assigned
Contingencies $7,588,784 $9,979,017
Reserve for FEMA Claims $0 $1,030,568
20-21 Year End Balance $18,460 $0
21-22 Year End Balance $3,835,617 $0
Retirement Rate Stabilization $1,021,575 $1,021,575
Retirement Trust $829,060 $829,060
Compensated Absences $294,170 $294,170
2018-19 Prop A Fund Exchange- Engineer Funding $190,321 $58,546
21-22 Prop A Fund Exchange- Engineer $259,777 $128,001
22-23 Prop A Fund Exchange $490,000 $490,000
CIP Carry Forward $300,000 $0
$15,543,370 $14,699,451
Available Fund Balance 6/30/24 $0 $0 $6,026
CITY OF HERMOSA BEACH BUDGET SUMMARY
Preliminary Budget
2023-24
1
Exhibit A
696
Special Revenue Funds
PROP A
AB 939 OPEN SPACE TYCO
FUND FUND FUND
117 121 122
ESTIMATED REVENUE
Taxes $0 $0 $0
Licenses/Permits $0 $0 $0
Fines/Forfeitures $0 $0 $0
Use of Money/Property $9,310 $0 $427,886
Intergovernmental/State $0 $0 $0
Intergovernmental/County $0 $96,123 $0
Intergovernmental/Federal $0 $0 $0
Current Service Charges $64,000 $0 $0
Other Revenue $0 $0 $0
TOTAL ESTIMATED REVENUE $73,310 $96,123 $427,886
INTERFUND TRANSFERS IN $0 $0 $0
ESTIMATED FUNDS AVAILABLE $73,310 $96,123 $427,886
FUND BALANCE
7/1/23 $298,722 $0 $2,298,999
TOTAL FUNDS AVAILABLE $372,032 $96,123 $2,726,885
APPROPRIATIONS
Operating Budget $138,526 $0 $0
Capital Outlay $0 $0 $0
Capital Improvements- PY $0 $0 $2,494,273
Capital Improvements $0 $0 $227,200
TOTAL APPROPRIATIONS $138,526 $0 $2,721,473
INTERFUND TRANSFERS OUT $0 $44,963 $0
TOTAL APPROPRIATIONS/TRANSFERS OUT $138,526 $44,963 $2,721,473
ADJUST FUND BALANCE FOR
FIXED ASSET ADDITIONS
ESTIMATED FUND BALANCE 6/30/24 $233,506 $51,160 $5,412
Available Fund Balance 6/30/24 $233,506 $51,160 $5,412
CITY OF HERMOSA BEACH BUDGET SUMMARY
Preliminary Budget
2023-24
2 697
Special Revenue Funds
PARK/BAYVIEW DRIVE
RECREATION DISTRICT ADMIN
FACILITY TAX EXPENSE
FUND FUND
125 135
ESTIMATED REVENUE
Taxes $0 $0
Licenses/Permits $0 $0
Fines/Forfeitures $0 $0
Use of Money/Property $12,700 $226
Intergovernmental/State $0 $0
Intergovernmental/County $0 $0
Intergovernmental/Federal $0 $0
Current Service Charges $0 $0
Other Revenue $60,966 $5,000
TOTAL ESTIMATED REVENUE $73,666 $5,226
INTERFUND TRANSFERS IN $0 $0
ESTIMATED FUNDS AVAILABLE $73,666 $5,226
FUND BALANCE
7/1/23 $352,697 $5,700
TOTAL FUNDS AVAILABLE $426,363 $10,926
APPROPRIATIONS
Operating Budget $0 $1,900
Capital Outlay $0 $0
Capital Improvements- PY $183,361 $0
Capital Improvements $240,000 $0
TOTAL APPROPRIATIONS $423,361 $1,900
INTERFUND TRANSFERS OUT $0 $3,000
TOTAL APPROPRIATIONS/TRANSFERS OUT $423,361 $4,900
ADJUST FUND BALANCE FOR
FIXED ASSET ADDITIONS
ESTIMATED FUND BALANCE 6/30/24 $3,002 $6,026
Available Fund Balance 6/30/24 $3,002 $6,026
CITY OF HERMOSA BEACH BUDGET SUMMARY
Preliminary Budget
2023-24
3 698
Special Revenue Funds
BEACH DRIVE DISTRICT
ADMINISTRATIVE COMMUNITY / DEV PROPOSITION PROPOSITION
EXPENSE BLOCK GRANT A C
FUND FUND FUND
139 140 145 146
ESTIMATED REVENUE
Taxes $0 $0 $554,063 $459,580
Licenses/Permits $0 $0 $0 $0
Fines/Forfeitures $0 $0 $0 $0
Use of Money/Property $168 $0 $20,309 $64,869
Intergovernmental/State $0 $0 $0 $0
Intergovernmental/County $0 $0 $0 $0
Intergovernmental/Federal $0 $366,406 $0 $0
Current Service Charges $0 $0 $732 $0
Other Revenue $4,000 $0 $0 $0
TOTAL ESTIMATED REVENUE $4,168 $366,406 $575,104 $524,449
INTERFUND TRANSFERS IN $0 $0 $0 $0
ESTIMATED FUNDS AVAILABLE $4,168 $366,406 $575,104 $524,449
FUND BALANCE
7/1/23 $3,989 $3,192 $68,079 $1,633,248
TOTAL FUNDS AVAILABLE $8,157 $369,598 $643,183 $2,157,697
APPROPRIATIONS
Operating Budget $1,500 $0 $177,857 $300,000
Capital Outlay $0 $0 $0 $0
Capital Improvements- PY $0 $233,089 $0 $1,487,678
Capital Improvements $0 $133,317 $0 $200,000
TOTAL APPROPRIATIONS $1,500 $366,406 $177,857 $1,987,678
INTERFUND TRANSFERS OUT $2,500 $0 $0 $0
TOTAL APPROPRIATIONS/TRANSFERS OUT $4,000 $366,406 $177,857 $1,987,678
ADJUST FUND BALANCE FOR
FIXED ASSET ADDITIONS
ESTIMATED FUND BALANCE 6/30/24 $4,157 $3,192 $465,326 $170,019
Available Fund Balance 6/30/24 $4,157 $3,192 $465,326 $170,019
CITY OF HERMOSA BEACH BUDGET SUMMARY
Preliminary Budget
2023-24
4 699
Special Revenue Funds
MEASURE R MEASURE M MEASURE W GRANT
FUND FUND FUND FUND
147 148 149 150
ESTIMATED REVENUE
Taxes $344,685 $390,643 $157,832 $0
Licenses/Permits $0 $0 $0 $0
Fines/Forfeitures $0 $0 $0 $0
Use of Money/Property $14,237 $29,103 $8,254 $636,865
Intergovernmental/State $0 $0 $0 $0
Intergovernmental/County $0 $0 $0 $0
Intergovernmental/Federal $0 $0 $0 $0
Current Service Charges $0 $0 $0 $0
Other Revenue $0 $0 $0 $0
TOTAL ESTIMATED REVENUE $358,922 $419,746 $166,086 $636,865
INTERFUND TRANSFERS IN $0 $0 $0 $0
ESTIMATED FUNDS AVAILABLE $358,922 $419,746 $166,086 $636,865
FUND BALANCE
7/1/23 $627,357 $1,070,979 $335,262 $2,770,933
TOTAL FUNDS AVAILABLE $986,279 $1,490,725 $501,348 $3,407,798
APPROPRIATIONS
Operating Budget $0 $0 $0 $50,675
Capital Outlay $0 $0 $0 $0
Capital Improvements- PY $595,345 $678,750 $308,110 $3,162,300
Capital Improvements $300,000 $690,000 $167,000 $189,849
TOTAL APPROPRIATIONS $895,345 $1,368,750 $475,110 $3,402,824
INTERFUND TRANSFERS OUT $0 $0 $0 $0
TOTAL APPROPRIATIONS/TRANSFERS OUT $895,345 $1,368,750 $475,110 $3,402,824
ADJUST FUND BALANCE FOR
FIXED ASSET ADDITIONS
ESTIMATED FUND BALANCE 6/30/24 $90,934 $121,975 $26,238 $4,974
Available Fund Balance 6/30/24 $90,934 $121,975 $26,238 $4,974
CITY OF HERMOSA BEACH BUDGET SUMMARY
Preliminary Budget
2023-24
5 700
Special Revenue Funds
SUPPLEMENTAL
AIR QUALITY LAW ENFORCEMENT AMERICAN RESCUE
IMPROVEMENT SERVICES FEMA CARES ACT PLAN ACT
FUND FUND FUND FUND FUND
152 153 157 158 159
ESTIMATED REVENUE
Taxes $0 $128,805 $0 $0 $0
Licenses/Permits $0 $0 $0 $0 $0
Fines/Forfeitures $0 $0 $0 $0 $0
Use of Money/Property $3,507 $16,079 $0 $0 $0
Intergovernmental/State $25,000 $0 $0 $0 $0
Intergovernmental/County $0 $0 $0 $0 $0
Intergovernmental/Federal $0 $0 $0 $0 $0
Current Service Charges $0 $0 $0 $0 $0
Other Revenue $0 $0 $0 $0 $0
TOTAL ESTIMATED REVENUE $28,507 $144,884 $0 $0 $0
INTERFUND TRANSFERS IN $0 $0 $0 $0 $0
ESTIMATED FUNDS AVAILABLE $28,507 $144,884 $0 $0 $0
FUND BALANCE
7/1/23 $128,051 $485,706 ($ (1,030,568) $310,537 $997,769
TOTAL FUNDS AVAILABLE $156,558 $630,590 ($ (1,030,568) $310,537 $997,769
APPROPRIATIONS
Operating Budget $10,000 $128,090 $0 $0 $0
Capital Outlay $0 $61,000 $0 $0 $0
Capital Improvements- PY $0 0 $0 $0 $0
Capital Improvements $0 0 $0 $0 $0
TOTAL APPROPRIATIONS $10,000 $189,090 $0 $0 $0
INTERFUND TRANSFERS OUT $0 $0 $0 $310,537 $997,769
TOTAL APPROPRIATIONS/TRANSFERS OUT $10,000 $189,090 $0 $310,537 $997,769
ADJUST FUND BALANCE FOR
FIXED ASSET ADDITIONS
ESTIMATED FUND BALANCE 6/30/24 $146,558 $441,500 ($ (1,030,568) $0 $0
Available Fund Balance 6/30/24 $146,558 $441,500 ($ (1,030,568) $0 $0
CITY OF HERMOSA BEACH BUDGET SUMMARY
Preliminary Budget
2023-24
6 701
Special Revenue Funds
ASSET SEIZURE/
SEWER STORM DRAIN FORFEITURE
FUND FUND FUND
160 161 170
ESTIMATED REVENUE
Taxes $0 $0 $0
Licenses/Permits $0 $0 $0
Fines/Forfeitures $0 $0 $0
Use of Money/Property $123,006 $93,191 $24,337
Intergovernmental/State $0 $0 $0
Intergovernmental/County $8,000 $0 $0
Intergovernmental/Federal $0 $0 $0
Current Service Charges $1,196,842 $0 $0
Other Revenue $0 $0 $0
TOTAL ESTIMATED REVENUE $1,327,848 $93,191 $24,337
INTERFUND TRANSFERS IN $0 $700,000 $0
ESTIMATED FUNDS AVAILABLE $1,327,848 $793,191 $24,337
FUND BALANCE
7/1/23 $3,670,459 $2,619,535 $627,630
TOTAL FUNDS AVAILABLE $4,998,307 $3,412,726 $651,967
APPROPRIATIONS
Operating Budget $582,929 $521,215 $7,480
Capital Outlay $0 $0 $600
Capital Improvements- PY $2,653,406 $2,139,525 $0
Capital Improvements 278,540 -$0
TOTAL APPROPRIATIONS $3,514,875 $2,660,740 $8,080
INTERFUND TRANSFERS OUT $0 $0 $0
TOTAL APPROPRIATIONS/TRANSFERS OUT $3,514,875 $2,660,740 $8,080
ADJUST FUND BALANCE FOR
FIXED ASSET ADDITIONS
ESTIMATED FUND BALANCE 6/30/24 $1,483,432 $751,986 $643,887
Available Fund Balance 6/30/24 $1,483,432 $751,986 $643,887
CITY OF HERMOSA BEACH BUDGET SUMMARY
Preliminary Budget
2023-24
7 702
Special Revenue Funds
RTI
FIRE RTI UNDERSEA CABLE
PROTECTION UNDERSEA CABLE TIDELANDS
FUND FUND FUND
180 190 191
ESTIMATED REVENUE
Taxes $0 $0 $0
Licenses/Permits $0 $0 $0
Fines/Forfeitures $0 $0 $0
Use of Money/Property $0 $266,194 $18,072
Intergovernmental/State $0 $0 $0
Intergovernmental/County $0 $0 $0
Intergovernmental/Federal $0 $0 $0
Current Service Charges $0 $0 $0
Other Revenue $9,794 $0 $0
TOTAL ESTIMATED REVENUE $9,794 $266,194 $18,072
INTERFUND TRANSFERS IN $0 $0 $0
ESTIMATED FUNDS AVAILABLE $9,794 $266,194 $18,072
FUND BALANCE
7/1/23 $0 $1,078,302 $590,082
TOTAL FUNDS AVAILABLE $9,794 $1,344,496 $608,154
APPROPRIATIONS
Operating Budget $0 $0 $0
Capital Outlay $0 $0 $0
Capital Improvements- PY $0 $813,484 $550,335
Capital Improvements $0 $290,000 55,000
TOTAL APPROPRIATIONS $0 $1,103,484 $605,335
INTERFUND TRANSFERS OUT $0 $0 $0
TOTAL APPROPRIATIONS/TRANSFERS OUT $0 $1,103,484 $605,335
DEBT SERVICE PAYMENT
ESTIMATED FUND BALANCE 6/30/24 $9,794 $241,012 $2,819
Available Fund Balance 6/30/24 $9,794 $241,012 $2,819
CITY OF HERMOSA BEACH BUDGET SUMMARY
Preliminary Budget
2023-24
8 703
Debt Service Fd Special Revenue Funds Agency Funds
GREENWICH BAYVIEW DRIVE LOWER PIER
CAPITAL VILLAGE N DISTRICT DISTRICT
LEASE REVENUE IMPROVEMENT UNDERGROUND REDEMPTION REDEMPTION
BOND FUND FUND UTILITIES FUND FUND
201 301 313 609 610
ESTIMATED REVENUE
Taxes $0 $0 $0 $0 $0
Licenses/Permits $0 $0 $0 $0 $0
Fines/Forfeitures $0 $0 $0 $0 $0
Use of Money/Property $0 $387,144 $0 $3,200 $122
Intergovernmental/State $0 $0 $0 $0 $0
Intergovernmental/County $0 $0 $0 $0 $0
Intergovernmental/Federal $0 $0 $0 $0 $0
Current Service Charges $0 $0 $0 $0 $0
Other Revenue $0 $0 $0 $0 $0
TOTAL ESTIMATED REVENUE $0 $387,144 $0 $3,200 $122
INTERFUND TRANSFERS IN $664,416 $883,499 $0 $0 $0
ESTIMATED FUNDS AVAILABLE $664,416 $1,270,643 $0 $3,200 $122
FUND BALANCE
7/1/23 $64,184 $13,547,754 $120,898 $170,922 $31,289
TOTAL FUNDS AVAILABLE $728,600 $14,818,397 $120,898 $174,122 $31,411
APPROPRIATIONS
Operating Budget $0 $0 $0 $0 $0
Capital Outlay $0 $181,836 $0 $0 $0
Capital Improvements- PY $0 $7,562,287 $0 $0 $0
Capital Improvements $0 2,841,938 $0 $0 $0
TOTAL APPROPRIATIONS $0 $10,586,061 $0 $0 $0
INTERFUND TRANSFERS OUT $0 $0 $0 $0 $0
TOTAL APPROPRIATIONS/TRANSFERS OUT $0 $10,586,061 $0 $0 $0
DEBT SERVICE PAYMENT $728,600 $0 $0 $0 $0
ESTIMATED FUND BALANCE 6/30/24 $0 $4,232,336 $120,898 $174,122 $31,411
Reserved for New Corporate City Yard Construction $1,889,278
(with contingency)
Reserve for Capital Facilities $841,393
Available Fund Balance 6/30/24 $0 $1,501,665 $120,898 $174,122 $31,411
CITY OF HERMOSA BEACH BUDGET SUMMARY
Preliminary Budget
2023-24
9 704
Agency Funds
BEACH DRIVE BEACH DRIVE MYRTLE LOMA
DISTRICT DISTRICT AVENUE DRIVE
REDEMPTION RESERVE ASSESSMENT ASSESSMENT
FUND FUND FUND FUND
611 612 617 618
ESTIMATED REVENUE
Taxes $0 $0 $0 $0
Licenses/Permits $0 $0 $0 $0
Fines/Forfeitures $0 $0 $0 $0
Use of Money/Property $1,288 $178 $0 $0
Intergovernmental/State $0 $0 $0 $0
Intergovernmental/County $0 $0 $0 $0
Intergovernmental/Federal $0 $0 $0 $0
Current Service Charges $0 $0 $0 $0
Other Revenue $0 $0 $0 $0
TOTAL ESTIMATED REVENUE $1,288 $178 $0 $0
INTERFUND TRANSFERS IN $0 $0 $0 $0
ESTIMATED FUNDS AVAILABLE $1,288 $178 $0 $0
FUND BALANCE
7/1/23 $81,415 $1,595 $46,762 $114,807
TOTAL FUNDS AVAILABLE $82,703 1,773 $46,762 $114,807
APPROPRIATIONS
Operating Budget $0 $0 $0 $0
Capital Outlay $0 $0 $0 $0
Capital Improvements- PY $0 $0 $0 $0
Capital Improvements
TOTAL APPROPRIATIONS $0 $0 $0 $0
INTERFUND TRANSFERS OUT $0 $0 $0 $0
TOTAL APPROPRIATIONS/TRANSFERS OUT $0 $0 $0 $0
ADJUST FUND BALANCE FOR
FIXED ASSET ADDITIONS
ESTIMATED FUND BALANCE 6/30/24 $82,703 $1,773 $46,762 $114,807
Available Fund Balance 6/30/24 $82,703 $1,773 $46,762 $114,807
CITY OF HERMOSA BEACH BUDGET SUMMARY
Preliminary Budget
2023-24
10 705
Agency Fund Internal Service Funds
BAYVIEW
DRIVE EQUIPMENT
RESERVE INSURANCE REPLACEMENT TOTAL
FUND FUND FUND (MEMORANDUM
619 705 715 ONLY)
ESTIMATED REVENUE
Taxes $0 $0 $0 $40,795,072
Licenses/Permits $0 $0 $0 $1,238,386
Fines/Forfeitures $0 $0 $0 $1,747,450
Use of Money/Property $587 $0 $0 $3,576,017
Intergovernmental/State $0 $0 $0 $1,180,889
Intergovernmental/County $0 $0 $0 $104,123
Intergovernmental/Federal $0 $0 $0 $366,406
Current Service Charges $0 $3,593,757 $2,203,341 $16,332,869
Other Revenue $0 $0 $0 $148,381
TOTAL ESTIMATED REVENUE $587 $3,593,757 $2,203,341 $65,489,594
INTERFUND TRANSFERS IN $0 $0 $1,719,608 $6,163,735
ESTIMATED FUNDS AVAILABLE $587 $3,593,757 $3,922,949 $71,653,328
FUND BALANCE
7/1/23 $4,884 $3,188,754 $9,832,982 $63,787,369
TOTAL FUNDS AVAILABLE $5,471 $6,782,511 $13,755,931 $134,689,390
APPROPRIATIONS
Operating Budget $0 $3,826,809 $2,722,255 $59,364,117
Capital Outlay $0 $0 $1,050,969 $1,353,130
Capital Improvements- PY $0 $0 $0 $24,296,454
Capital Improvements $0 $0 $0 $6,452,844
TOTAL APPROPRIATIONS $0 $3,826,809 $3,773,224 $91,466,545
INTERFUND TRANSFERS OUT $0 $0 $0 $6,163,735
TOTAL APPROPRIATIONS/TRANSFERS OUT $0 $3,826,809 $3,773,224 $97,630,280
DEBT SERVICE PAYMENT $728,600
ADJUST FUND BALANCE FOR $1,050,969 $1,050,969
FIXED ASSET ADDITIONS 2
ESTIMATED FUND BALANCE 6/30/24 $5,471 $2,995,702 $11,033,676 $37,381,479
Designated Building Maintenance Funds $551,840
Investment in Fixed Assets $5,728,229
Assigned reserve for Police Department Radio Equipment/South Bay $30,000
Interoperability Project.
Records Technology Fee $754,186
Assigned reserve for Accounting ERP $333,645
Available Fund Balance 6/30/24 $5,471 $2,955,702 $3,635,776 $12,553,457
CITY OF HERMOSA BEACH BUDGET SUMMARY
Preliminary Budget
2023-24
11 706
May 25, 2023
Honorable Mayor and Councilmembers:
FIVE YEAR FORECAST
2023–24 through 2028–29
ANALYSIS OF ECONOMIC AND FINANCIAL ENVIRONMENT
While the COVID-19 emergency that created havoc in the economy is declared over,
much uncertainty still exists. Unemployment rates shown below appear relatively stable
as do home prices. Home sales, however, are affected by the Federal Reserve (Fed)
increase in federal funds rates due to the impact on mortgage rates. To tamp inflation,
the Fed steadily increased rates, beginning in March 2022 with rates at .25 - .50 to May
2023 with current rates at 5.00 - 5.25. Inflation has come down as shown in the CPI
numbers below.
Comparative Economic Measures
Measure U.S. U.S. Los
Angeles
Los
Angeles
Hermosa
Beach
Hermosa
Beach
2023 2022 2023 2022 2023 2022
Unemployment
April 3.4% 1 3.6% 1 4.5% 2 4.7% 2 2.7% 2 2.9% 2
Median Home Price
- Thru March $449,800 3 $436,700 3 $718,370 4 $781,050 5 $2,300,000 4 $2,450,000 5
Consumer Price
Index - All Urban 4.90 6 8.3 7 3.8 6 7.90 7
Consumers - April
A brief overview of the 2023–24 Preliminary Budget for the General Fund is included for
context within this document.
The 2023–24 Budget reflects a recommendation to increase the policy from maintaining
a contingency or “rainy day fund” of 16 percent of operating expenditures to 20 percent.
A healthier contingency is a good idea any time, but particularly in times of uncertainty.
Revenue. Revenue in the General Fund shows an increase of 7 percent. The change in
budget estimates for some of the largest revenue sources are in the table that follows:
1 707
Largest Revenue Source
2023–24
Revenue Change
Secured Property Tax 8%
Sales Tax 3%
Utility User Tax 2%
Transient Occupancy Tax 1%
Property Tax In Lieu of VLF 8%
Licenses and Permits -18%
Fines and Forfeitures 0%
Service Charges 24 %
Expenditures. Expenditures in the General Fund increased by 5 percent. Being a
service organization, personnel costs represent 54 percent of expenditures in the
General Fund.
The 2023-2024 Budget recommends adding five full-time permanent positions to Public
Works and continues to fund two Assistant Engineers through Proposition A exchange
funds and four Public Works positions using non-General Fund CIP funding. One part-
time Office Assistant is recommended for the City Clerk’s Office and two part-time
positions in Community Resources are recommended for elimination with the
replacement of one full-time Recreation Specialist.
Year two Memorandum of Understanding (MOU) increases ranging from 2.5 percent to 3
percent were included in the budget along with step increases for employees with less
than five years of service.
Employee benefit estimates include a conservative 10.9 to 12.9 percent increase in health insurance effective January 1, 2025, which works out to a 3 percent increase when caps are applied per the Memorandum of Understanding (MOU) with each bargaining unit.
Retirement costs decreased by 4 percent in part due to the California Public Employees Retirement System (CalPERS) reinvestment rate of return in 2020–21 which affects the valuation report that sets 2023–24 city contribution rates. The shift in new employees being hired at lower Tier 2 rates to replace retiring employees at Tier 1 rates also reduces City retirement costs.
The City saves 3.3 percent by taking advantage of CalPERS prepayment of the annual unfunded liability payments each year. The City will make one lump sum payment to prepay the unfunded liability for the Police, Fire, and Miscellaneous plans, instead of making monthly payments. The prepayment of the unfunded liability is reflected in the amount budgeted.
Capital Improvements. The Capital Improvement Program includes funds budgeted for
2023–24, a Five-year Capital improvement Plan which includes a list of unfunded capital
needs. The Capital Improvement Program totals $30.8 million for 2023–24, which
includes $6.5 million in new funds. The only CIP funds budgeted in the General Fund are
carried over from FY 2022–23.
2 708
FIVE-YEAR FORECAST
The Five-year Forecast focuses on the General Fund since most of the City’s operating
expenses are paid from this fund.
Forecast Assumptions
Largest Revenue Sources
2024–25 THROUGH 2028–29
2024–25 2025–26 2026–27 2027–28 2028–29
Revenue Change Change Change Change Change
Secured Property Tax 3.8% 4.4% 4.8% 5.1% 5.1%
Sales Tax 2.8% 2.8% 2.8% 2.8% 2.8%
Utility User Tax 0% 0% 0% 0% 0%
Transient Occupancy Tax See below See below See below See below See below
Property Tax In Lieu of VLF 3.8 % 4.4% 4.8% 5.1% 5.1%
Licenses and Permits 0% 0% 0% 0% 0%
Fines and Forfeitures 0% 0% 0% 0% 0%
Service Charges See below See below See below See below See below
Revenue assumptions used in the forecast:
•
•
•
•
•
Secured Property Tax and Property Tax in Lieu of Vehicle License Fees are
assumed to increase at a rate ranging from 3.8 percent to 5.1 percent per year in
the five-year forecast based on projections from our property and sales tax
consultant.
Since transient occupancy tax is projected at the highest revenue level ever, only
a conservative estimate is added per year to account for the new nine room hotel
that opened in April 2023.
Sales tax is projected to increase by 2.8 percent.
Licenses and Permits and Fines and Forfeitures are projected at the 2023–24
levels.
Under the service charges category, encroachments were adjusted based on the
three-year tiered fee schedule discussed at the April 25, 2023 City Council
meeting. User fee charges, which are subject to an annual Consumer Price Index
(CPI) increase effective December annually are assumed to increase by 5
percent.
These assumptions result in a conservative revenue forecast of 2.5 percent average
growth per year.
Expenditure assumptions used in the forecast:
•
•
MOU increases ranging from 2.5 to 3 percent are effective through 2024–25,
however salaries include a 3 percent increase for illustrative purposes through
2028–29.
Full-time and part-time staffing levels would be maintained at the levels
recommended in the 2023–24 Preliminary Budget.
3 709
•
•
•
o
o
•
•
•
•
•
•
•
The City would continue to fund two Assistant Engineers through Proposition A
exchange funds and four Public Works positions using non-General Fund CIP
funding.
Medical benefits include a projected 3 percent annual increase, which reflects the
maximum benefit provided per the Memorandum of Understanding negotiated
with each employee bargaining unit.
Contract services- a 5 percent annual CPI increase is assumed for contracts,
except for the following contracts:
The L.A. County Fire contract is assumed using the rolling average of the
past five years’ annual increase, plus one percent.
The South Bay Regional Public Communications Authority is assumed
according to their projections from the 2022–23 Budget.
Election costs of $110,000 are added based on an even year election cycle.
While the 2022–23 election costs were lower, it is anticipated that future election
costs may be higher.
The revenue sharing agreement with the County expires after 30 years on March
11, 2027. The estimated prorated reduction in expenditures for 2026–27 is
$140,979 and for 2027–28 and 2028–29 is $459,440 annually.
Supplemental one-time requests from departments would be funded at a level of
$500,000 per year.
The City’s current goal of setting aside 16 percent of operating expenditures in
the General Fund for Contingencies would be increased to 20 percent, as
recommended in the 2023–24 Budget. This contingency amount serves as the
City’s “Rainy Day Fund” and is a best practice.
The General Fund would continue to have a recurring transfer of $700,000 in
utility user tax revenue to the Storm Drain Fund. and to the Lease Revenue Bond
Fund to cover the annual debt service payments.
The General Fund would cover the deficit in the Lighting/Landscaping Fund
through 2024–25, after which a new Lighting/Landscaping assessment is
assumed to cover the cost.
Retirement rates were budgeted at 2023-24 levels. New valuation reports will be
released in August 2023 and rates will be evaluated at that time. No Retirement
Stabilization funds were used to balance any of the forecast years. The balance
is $1,021,575. These funds are approved to be put into a Retirement Trust to
help stabilize future retirement rates.
Hermosa Beach has three tiers of retirement plans. The City implemented
second tier retirement plans as of July 2011. The City also has a third tier which
resulted from the Public Employees’ Pension Reform Act (PEPRA) effective
January 1 ,2013
4 710
RETIREMENT PLANS
Group Tier 1 Plan Tier 2 Plan PEPRA Plan
Police 3% @ 50 2% @ 50 2.7% @ 57
Fire 3% @ 55 2% @ 50 2.7% @ 57
Miscellaneous 2% @ 55 2% @ 60 2% @ 62
The annual payments to CalPERS for each plan is broken down by normal
(current) cost, which is a percentage of payroll, and the unfunded accrued liability
(UAL), which is a fixed dollar amount. As previously mentioned, the City saves on
the UAL payment by paying in full at the beginning of each fiscal year, instead of
making monthly payments.
The City of Hermosa Beach is fortunate to have lower contribution rates in the
short term, due to the payoff of side funds, which is the liability that existed in
2003 when CalPERS “pooled” our plans with other cities of similar size. With the
Police Side Fund paid off in 2018–19, there was a drop in rates of 33.4
percentage points. The Miscellaneous Group Side Fund paid off in 2019–20,
resulting in a drop of 4.2 percentage points in 2020–21. Savings from the Police
Side Fund payoff of $829,060 are currently set aside in the General Fund to form
a retirement trust to stabilize future rates. This was put on hold during the
COVID-19 pandemic and options will be evaluated with new rate projections.
Now that the Fire Department has transitioned to the County, the City is
responsible for paying the Fire Department’s retirement costs related to the value
of past service benefits, referred to as the unfunded actuarial liability (UAL). The
“normal cost” portion of the retirement costs, which relate to the current service
benefits , ended as of December 30, 2017. CalPERS requires inactive plans to
amortize the unfunded liability as a level dollar payment rather than as a
percentage of payroll.
5 711
Five-Year Forecast
The following graph is generated based on the City’s operating revenue and
expenditures included in the 2023–24 budget, along with the previously defined revenue
and expenditure assumptions for years 2024–25 to 2028–29.
The graph above depicts the baseline revenue and operating expenditures with
assumptions, which result in revenue exceeding expenditures from 2024–25 through
2027–28. The shortfall in 2028–29 would be $695,814. There is ample time to make
decisions to reverse any negative trends.
City Council already approved some parking recommendations from the Revenue Study
Session held March 2022. Other considerations from the study session are already
underway, some of which are discussed below.
Financial Strategies
Revenue Strategy. As mentioned in the Budget Message, City Council voted
unanimously to place a Hermosa Beach ¾ cent General Transactions and Use Tax
(Sales Tax or TUT) on the ballot. An approved sales tax measure would have ensured
local control of Hermosa Beach tax dollars and guaranteed a source of funding for
essential City services. The next opportunity to place the tax on the ballot is November
2024 so it will be important to continue to communicate with City Council and the
community regarding priorities and how to fund them.
A new Lighting District will be explored to cure the deficit and provide funds for future
enhancements. Creation of a new district would require sending a mailed ballot to each
property owner in the district.
Funds are budgeted in 2023–24 for a transient occupancy tax audit.
6 712
Fund are budgeted to hire a consultant to assess the composition of city businesses and
provide options for changing the business license tax. A measure with these changes
could go on the November 2024 ballot.
Parking Fines have not been changed in at least ten years so those rates should be
reviewed.
Residential encroachment fees are one-time fees. Public Works proposed engaging a
consultant to do a feasibility study of creating separate categories and considering
annual fees.
Improvements at the Clark Building are underway by Public Works and a Community
Resources Subcommittee will be developing policy, programs and fees to suit the new
building.
A user fee study is budgeted and will take place in 2023–24.
Parking and Park Recreation In-Lieu fees will be updated.
Efforts with the business community will continue toward development of a Business
Improvement District for downtown.
City Facilities Feasibility Study. All city facilities are deficient in terms of space and
need renovation. The City Manager has begun an initial feasibility study to determine
where opportunities and deficiencies are in our space needs, and to determine if there is
potential for a creative public-private partnership to meet our needs in a cost-effective
manner.
The Forecast allows us to present a picture of the future based on various assumptions
and is a useful tool moving forward for the upcoming decisions regarding infrastructure,
revenue enhancement, development of the community, and achieving a high performing
organization, along with the other objectives toward reaching the City’s goals.
Respectfully submitted,
Viki Copeland
Finance Director
1 Employment Development Department
2 National Association of Realtors
3 Data Quick News- Core Logic
4 Data Quick News- Core Logic
5 Los Angeles Economic Development
6 U.S. Bureau of Labor Statistics
7 U.S. Bureau of Labor Statistics
7 713
1 714
2 715
3 716
4 717
5 718
6 719
7 720
8 721
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0289
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
INTRODUCTION OF AN 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 full reading and introduce by title only an Ordinance 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 encroachments in the City and determining the ordinance to be exempt from 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 establishing a fee schedule for encroachments citywide (Attachment 3);
and
4.Direct the City Clerk to publish a summary ordinance.
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.
Some of the final elements necessary to establish the long-term program are presented here for
Council’s approval and reflect feedback and direction provided by Council at its April 25,2023
meeting.The final elements 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 for new encroachment fees,and
City of Hermosa Beach Printed on 6/8/2023Page 1 of 16
powered by Legistar™722
Staff Report
REPORT 23-0289
accompanying CEQA determinations.
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.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.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 encroachments 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.
City Council subsequently extended the program in both May and November of 2022 with a final
extension to May 1,2023 and direction to staff to bring the permanent program for consideration.At
the April 25,2023 meeting,staff proposed a number of key program elements and Council provided
feedback and direction on revisions that are included here for approval.Additional program
elements will come back at a later date.
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-City of Hermosa Beach Printed on 6/8/2023Page 2 of 16
powered by Legistar™723
Staff Report
REPORT 23-0289
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 also 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 its 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.At its April 25,2023 meeting,Council approved keeping
the lane reconfigurations,bike lanes,and street closures in place and the CEQA categorical
exemption.
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
Meeting Date Description
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
April 25, 2023 Considered program elements, provided feedback for
revisions, and approved a resolution establishing lane
reconfigurations, bike lanes and street closures.
City of Hermosa Beach Printed on 6/8/2023Page 3 of 16
powered by Legistar™724
Staff Report
REPORT 23-0289
Meeting Date DescriptionJune 9, 2020 Approved Ordinance 20-1410U allowing temporary permitprogram for outdoor dining in response to pandemic.July 14, 2020 Directed staff to proceed with development of lane closureplans.June 22, 2021 Approved extension of the outdoor permit program throughDecember 31, 2021.July 13, 2021 Approved Resolution authorizing extension of lanereconfigurations.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
Meeting Date Description
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
April 25, 2023 Considered program elements, provided feedback for
revisions, and approved a resolution establishing lane
reconfigurations, bike lanes and street closures.
Discussion:
As directed by Council,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 developed and reviewed 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,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
City of Hermosa Beach Printed on 6/8/2023Page 4 of 16
powered by Legistar™725
Staff Report
REPORT 23-0289
multiple surveys over the span of the temporary outdoor dining program (Attachment 4).
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 rights-of-way.
Staff recommends creating a single program to regulate encroachments approved before the
pandemic,as well as all temporary encroachments that may become permanent through this
program.A single program would be easier both for City staff to implement and for businesses to
understand.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)would have 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 and not be delinquent on 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.At the April 25,2023 meeting,staff
recommended:
·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 25 feet from the frontage,similar to
the current temporary configuration (Attachment 5).This would allow many businesses to
keep their entire temporary encroachment area.A few businesses would be required to reduce
their temporary encroachments to meet this requirement but it also allows prior,long-standing
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 provided
for reference (Attachment 6).Should all businesses choose to participate,the future
encroachment areas would appear almost identical to the current layout with a few reducing in
City of Hermosa Beach Printed on 6/8/2023Page 5 of 16
powered by Legistar™726
Staff Report
REPORT 23-0289
encroachment areas would appear almost identical to the current layout with a few reducing in
size from their current temporary encroachment areas.
At its April 25,2023 meeting,Council considered this recommendation and suggested that,
instead of each business,each parcel be allowed 1,000 square feet maximum outdoor dining.
At Council’s request,staff analyzed this suggestion and found that many of the businesses on
Pier Plaza share parcels.Six of the parcels on Pier Plaza are home to multiple businesses,
including mixes of retail and restaurants.Only two individual businesses occupy two parcels
each-one retail and one restaurant.This mix of businesses and parcels would complicate the
calculation of outdoor dining space allowed per business and seemingly counter the intent of
Council to allow equitable allowance of additional public rights-of-way for these outdoor dining
areas.
Consequently,staff suggests two alternate options for establishing maximum allowable
outdoor dining area.Both options would maintain a maximum extension from frontage of 25
feet for Pier Plaza businesses:
-Approve the original staff recommendation of allowing each business 500 square feet in
addition to their original pre-existing encroachments with a maximum of 1,000 square feet
per business.This would require four businesses to reduce their current temporary
encroachments.
or
-Approve the maximum of 1,000 square feet of encroachment per business but,
specifically on Pier Plaza,allow encroachments to extend a maximum of 25 feet from
frontage,no matter the square footage.This would result in two Plaza businesses reducing
their current temporary encroachments (due to their current encroachments extending into
neighboring frontages)and allow two businesses to maintain more than 1,000 square feet
of encroachment.
·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.
·Per Council’s direction at its April 25,2023 meeting,it is proposed to limit hours of operation
on the encroachment areas to 12:30 A.M.for Pier Plaza,applied to the entire encroachment
area,including both the pre-pandemic encroachments and any newly added encroachment
area.Businesses that close before midnight would be required to end operations on their
City of Hermosa Beach Printed on 6/8/2023Page 6 of 16
powered by Legistar™727
Staff Report
REPORT 23-0289
area.Businesses that close before midnight would be required to end operations on their
outdoor encroachment areas by 11:00 P.M.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.
·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
parking spaces.
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, closes after midnight $5
On Pier Plaza, closes 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 included
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 at its January 24, 2023 meeting.
After careful analysis of this varied data,staff proposed a fee schedule at the April 25,2023 meeting
that sought to balance the City’s costs,the value to private businesses of using public rights-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:
Location and Operation Category Fee per square
foot per month
Percent increase over
current fees
On Pier Plaza, closes after midnight,
serving alcohol
$6 20 percent
On Pier Plaza, closes 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.
City of Hermosa Beach Printed on 6/8/2023Page 7 of 16
powered by Legistar™728
Staff Report
REPORT 23-0289
Location and Operation Category Fee per square
foot per month
Percent increase over
current fees
On Pier Plaza, closes after midnight,
serving alcohol
$6 20 percent
On Pier Plaza, closes 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.
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; and
·Properties east of Hermosa Avenue (i.e., Pier Avenue)-$4 per square foot
At its April 25,2023 meeting,Council instead proposed an alternative fee schedule that suggested a
three-year “ramp up”of fees based on encroachment categories reflective of operating hours.
Proposed to go into effect on July 1, 2023, this proposed fee schedule is shown below:
Encroachment Area Category Proposed Fee
per square foot,
per month for
2023-24
Proposed Fee
per square foot,
per month for
2024-25
Proposed Fee
per square
foot, per
month for 2025
-26
Pier Plaza, closes after midnight $4.00 $5.00 $6.00
Pier Plaza, closes before
midnight
$2.00 $3.00 $4.00
Pier Plaza, closes encroachment
before 11pm; off-Pier Plaza; on-
street; sidewalk; retail
$1.00 $2.00 $2.50
The proposed rates would result in a discount for some businesses in this first year of implementation
in comparison to the rates for pre-existing encroachments and the current fee of $1.50 for on-street
encroachments.Staff estimates that these proposed fees would generate approximately $525,860 in
the first year, approximately $29,658 less than the current fees to current businesses (Attachment 7).
Staff is also developing new application review fees for all encroachment types.These would factor in
City of Hermosa Beach Printed on 6/8/2023Page 8 of 16
powered by Legistar™729
Staff Report
REPORT 23-0289
rates for City staff review time and will be brought back to Council later for review and approval.
3.Downtown lane reconfigurations and bike lanes.At its April 25,2023 meeting,Council
adopted a resolution to make permanent the downtown lane reconfigurations,bike lanes,and lane
closures implemented on a temporary basis beginning in 2020.
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 requirements,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.The guidelines also reiterate the existing requirement that applicants plan be prepared
by a licensed design professional to ensure the encroachment areas meet relevant operational and
safety requirements, ADA-accessibility requirements, and certain basic aesthetic goals.
5.CEQA determination.The City utilized a third-party CEQA specialist to analyze the proposed
permanent programs and develop a report.The CEQA specialist 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 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
rights-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.
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
to extend an additional 12 feet into Pier Plaza for a total of 25 feet.
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
City of Hermosa Beach Printed on 6/8/2023Page 9 of 16
powered by Legistar™730
Staff Report
REPORT 23-0289
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
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.
Outdoor Permit Program
The project would establish an administrative permit process to allow outdoor dining at commercial
City of Hermosa Beach Printed on 6/8/2023Page 10 of 16
powered by Legistar™731
Staff Report
REPORT 23-0289
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. 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 two 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 two percent limit,the maximum
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
City of Hermosa Beach Printed on 6/8/2023Page 11 of 16
powered by Legistar™732
Staff Report
REPORT 23-0289
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.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,Community Development,
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 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.This was approved by Council at the April 25,2023 City Council
meeting.
The Outdoor Dining component of the project is exempt in accordance with Section 15301,which
addresses 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
City of Hermosa Beach Printed on 6/8/2023Page 12 of 16
powered by Legistar™733
Staff Report
REPORT 23-0289
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 small new 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
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.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.Additional
development time for these program elements would allow further refinement and coordination with a
phased implementation that would be more administratively efficient for the City and potential
applicants.The 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 will return to Council at an upcoming meeting to seek approval of the final design and
operational guidelines for the on-street dining decks.As directed by Council,all pre-existing and
temporary encroachments will be allowed to endure through the summer before reapplying for
permits October 1.The new encroachment fee schedule suggested by Council on April 25,if
City of Hermosa Beach Printed on 6/8/2023Page 13 of 16
powered by Legistar™734
Staff Report
REPORT 23-0289
permits October 1.The new encroachment fee schedule suggested by Council on April 25,if
approved, will go into effect July 1.
City staff has also met with Coastal Commission staff and established that a five-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.
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,
City of Hermosa Beach Printed on 6/8/2023Page 14 of 16
powered by Legistar™735
Staff Report
REPORT 23-0289
existing transportation projects to consider the needs of all modes of travel to create safe,
livable and inviting environments for all users of the system.
Goal 7.A transportation system that results in zero transportation-related fatalities and
which minimizes injuries.
Policy:
·7.1 Safe public rights-of-way.Encourage that all public rights-of-way are for all users at all
times of day where users of all ages and ability feel comfortable participating in both
motorized and non-motorized travel.
Fiscal Impact:
The Capital Improvement Fund includes $60,000 appropriated for the CEQA specialist to perform the
CEQA analysis and an additional $60,000 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 $525,860 in revenue in
the first year.This is a decrease of approximately $29,658 from the revenues generated by the
current rates and current businesses.Staff is unable to predict final business participation levels and
thus revenues could fluctuate significantly.
Staff will return to Council at a future meeting to establish application review fees and will provide
revenue estimates at that time.
Attachments:
1.Draft Ordinance and CEQA Determination
2.Draft Resolution Establishing Guidelines for Pier Plaza and Off-Street Encroachments
3.Draft Resolution Establishing a Fee Schedule for Encroachments
4.Chamber of Commerce Survey Report Regarding Outdoor Dining
5.Pier Plaza Encroachments
6.Map of Current Encroachment Areas
7.Existing and Proposed Encroachment Rate Comparison
8.Link to June 9, 2020 City Council Staff Report
9.Link to July 14, 2020 City Council Staff Report
10.Link to June 22, 2021 City Council Staff Report
11.Link to July 13, 2021 City Council Staff Report
12.Link to October 26, 2021 City Council Staff Report
13.Link to December 14, 2021 City Council Staff Report
14.Link to January 25, 2022 City Council Staff Report
15.Link to February 8, 2022 City Council Staff Report
16.Link to May 24, 2022 City Council Staff Report
17.Link to June 14, 2022 City Council Staff Report
City of Hermosa Beach Printed on 6/8/2023Page 15 of 16
powered by Legistar™736
Staff Report
REPORT 23-0289
18.Link to November 3, 2022 City Council Staff Report
19.Link to January 24, 2023 City Council Staff Report
20.Link to March 28, 2023 City Council Staff Report
21.Link to April 25, 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 6/8/2023Page 16 of 16
powered by Legistar™737
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 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.
738
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.
739
Page 3 of 5 ORD NO. 23-
SECTION 3. Environmental Review.
Outdoor Dining Decks 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 alterations of existing public facilities;
and Section 15304 which addresses minor alterations to public land. More
specifically, the following two subcategories of both exemptions 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
740
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(s) or application(s), and to this extent, the provisions
of this ordinance are severable. The City Council declares that it would have
adopted this ordinance irrespective of the invalidity of any portion thereof.
741
Page 5 of 5 ORD NO. 23-
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 go into effect October 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 13th day, June 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
742
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
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 this chapter.
No building or structural element of a building (including walls, roofs, structural 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.
743
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 use and enjoyment.
Shall and May. “Shall" is mandatory; "may" is permissive.
Structure is defined by the currently adopted building code 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 for m provided by the 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 rights or any other kind of vested rights are created by virtue of an 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 .
12.16.030 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.
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.
744
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 adversely affect the general plan of the city nor be injurious or negatively
impact the health and well-being 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 currently adopted building code,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
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 underground 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. Notwithstanding the
previous sentence for those encroachments issued prior to April 27, 2020 that required parking or
parking in-lieu fees, those parking requirements shall remain valid.
745
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:
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;
3.4. Encroachments for commercial outdoor dining shall consist of food and beverage seating and those
ancillary features as expressly permitted in this Chapter. Bars, service stations, food preparation areas
and televisions are prohibited. Seating arrangements shall provide for adequate space for both food
and beverage service (i.e., space for plates, glasses, utensils, etc.) and arrangements or furniture
designed just for beverage services are prohibited.
4.5. Applicant is to pay all appropriate fees, including but not limited to rental fees as set by the City
Council;
5.6. 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
746
Special Endorsement form shall be submitted with the completed application for a n Commercial
Encroachment Permit.
6.7. Applicant is to pay restorative costs, if applicable, in an amount to be determined by the director
of public worksthe City Manager or designee, plus administrative costs.
B. Pier Plaza Commercial Encroachments. Encroachments 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 (e.g. City of Hermosa Beach Outdoor Dining Design and
Operational Standards for Pier Plaza and Off-Street Encroachment Areas) as adopted by the City
Council. Further the City Manager or designee may promulgate additional regulations not in conflict
with this Chapter or any additional standards adopted by the City Council. 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
and . iIn no event shall any encroachment area, regardless of square footage extend more than
twenty-five (25) feet into Pier Plaza. ; Notwithstanding the previous sentence, in the event a
business solely occupies two legal parcels, then the business may apply for up to two thousand
(2,000) square feet of encroachment area provided the encroachment area remains within the
frontage of the business and does not 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 12:300 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.
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.
d. The encroachment area does not extend past the frontage of the business for which it is
connected to.
e. The elevation of the encroachment area shall not be altered (e.g., no platforms or recesses).
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.
f. 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
747
permitted provided that they are only utilized while customers are actively using the specific
umbrella(s) in the encroachment area. The City Manager orf designee shall retain the complete
discretion to direct any permittee to curtail the use of any umbrellas, furniture or other items or
structures to protect the public view of the ocean.
g. There are no outstanding code enforcement violationsMunicipal Code violations or violations of
any other City-issued permit. In reviewing renewal applications, the City Manager orf designee
must determine that there are unresolved violations 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.
h. The encroachment area shall be managed, operated, and maintained as an integral part of the
adjacent dining establishment.
i. 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 ten (10) days’ notice
from the City Manager or designee, can be entirely removed and the area be returned to its
previous state without any Pier Plaza Commercial Encroachments to the satisfaction of the City
Manager or designee.
c.j. 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 shall be valid
until October 1, 2023. After this date, any Pier Plaza Commercial Encroachments shall be issued under
this Chapter.
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
districitsdistricts (exlcuingexcluding 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
(e.g. City of Hermosa Beach Outdoor Dining Design and Operational Standards for On-Street
Encroachment Areas) as adopted by the City Council. Further the City Manager or designee may
promulgate additional regulations not in conflict with this Chapter or any additional standards adopted
by 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. 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 limitationlimitations, be exempt from the off-street parking standards in
Chapter 17.44.s:
1. Outdoor dining sites 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. On-street encroachments may also occupy adjacent, ancillary unused in-street
right of way (e.g., areas between parking spaces, excess buffer width between dining area and
travel lane, etc.) where it does not interfere with required buffer areas, pedestrian, vehicle or
cyclist safety, or sight distance requirements, subject to approval by the City Manager or designee.
Formatted: Font: (Default) +Body (Calibri)
748
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 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 Manager 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 or
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, vehicles or cyclists, 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 ten (10) days’ notice from the
749
City, can be entirely removed and the area be returned to its previous state without any Commercial
Encroachments.
10. The encroachment are shall be designed and operated in compliance with any regulations specific to
public parking areas or vehicular streets adopted by resolution of the City Council and any further
regulations promulgated by the City Manager or designee in furtherance of City Council direction.
11. Commercial Encroachments for commercial outdoor dining in public parking areas or vehicular
streets issued prior to the effective date of this ordinance shall be valid until October 1, 2023. After
this date, any Commercial Encroachments for commercial outdoor dining in public parking areas or
vehicular streets shall be issued under this Chapter.
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.
12. 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.
D. Commercial Encroachments, Non Pier Plaza and Non Public Parking Areas or Vehicular Streets.
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 this
Chapter, the following minimum standards and any additional standards (e.g. City of Hermosa Beach
Outdoor Dining Design and Operational Standards for Pier Plaza and Off -Street Encroachment Areas) as
adopted by the City Council. Further the City Manager or designee may promulgate additional
regulations not in conflict with this Chapter or any additional standards adopted by 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.
1. The encroachment area shall not exceed one thousand (1,000) square feet. Notwithstanding the
previous sentence, in the event a business solely occupies two legal parcels, then the business may
apply for up to two thousand (2,000) square feet of encroachment area provided the encroachment
area remains within the frontage of the business.
2. Use of the encroachment area is limited to the hours of operation of the adjacent food
establishment, not to exceed 12:30 a.m. However, if in the sole discretion of the City Manager or
designee, an earlier closing time is warranted then the City Manager 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 limitations 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.
750
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, such 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 orf designee shall retain the complete discretion
to direct any permittee 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 orf designee must determine that there are unresolved
violations 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.
1.8. The encroachment area shall be managed, operated, and maintained as an integral part of the
adjacent dining establishment.
9. The elevation of the encroachment area shall not be altered (e.g., no platforms or recesses). 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.
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 of vehicles, pedestrians or cyclists, such as animals tied to signs or utility poles,
bicycles, etc.
11. Any improvements, tables, chairs or other equipment related to the Commercial Encroachment shall
be installed in such a way that, within ten (10) days’ notice from the City Manager or designee, can be
entirely removed and the area be returned to its previous state without any Commercial Encroachments to
the satisfaction of the City Manager or designee.
12. 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.
13. 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 the effective date of this ordinance shall be valid until
October 1, 2023. 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.
2. Outdoor dining in compliance with this section shall be exempt from compliance with off-street
parking standards in Chapter 17.44.
751
3. 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.
4. 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).
5. Alcoholic beverages shall not be offered, sold or consumed within the encroachment area.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
6. 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.
7. 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.
8. 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 wheels 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.
9. The elevation of the encroachment area shall not be altered (e.g., no platforms or recesses). 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.
10. 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.
752
Furnishings shall not display prominent logos or advertising. All furnishings shall be maintained in
good condition at all times.
11. 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.
12. 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.
13. No entertainment, music, audio speakers, televisions or visual media of any type, whether
amplified or unamplified, shall be located within the encroachment area.
14. 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.
15. Use of the encroachment area shall not adversely affect the welfare of the nearby residents or
commercial establishments.
16. 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.
17. Deviations from the standards set in this section may be allowed pursuant to a conditional use
permit, granted in compliance with Chapter 17.40.
18. 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:
753
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;
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 than two million dollars ($2,000,000) 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. :
754
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 retail 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
are not allowed unless otherwise approved by City Manager or designee. 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.
2.3. 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 (a 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.
f. No entertainment, music, audio speakers, televisions, or visual media of any type, whether
amplified or unamplified, shall be located within the encroachment area.
755
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,
the Americans with Disabilities Act (ADA) 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 the 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 a nd
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 community 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
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.
756
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. 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 determined to be appropriate.
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 by the City Council and/or City
MangerManager or designee shall automatically apply to every permit unless otherwise noted.be
attached to every permit approval.
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 applicant 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
757
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. Commercial 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 encroachment is remodeled or
reconstructed at a cost which exceeds fifty (50) percent of the replacement cost of the existing
structure.
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 and the permittee shall cease all use of
the encroachment area no later than forty-eight (48) hours after receipt of the revocation. Further, in the
758
event that the City determines the an encroachment area is being used in a way that it poses a risk to the
public health or safety, the City may order the immediate curtailment of any use in the encroachment
area at any time.
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 sha ll not be granted for a period of one (1) year for
the at-issue property and the applicant . This suspension may be waived or reduced upon a showing of
good cause to the City Manager or designee.
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 subject to the provisions of Chapter 1.04.020.not
exceeding 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 provisions of
Chapter 1.10.
12.16.190 Fees.
All fees applicable pursuant to this chapter shall be set by resolution of the city council.
759
Exhibit B
760
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
Exhibit B
761
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
762
(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
763
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
764
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.
765
Appendix A
766
767
768
769
770
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.
771
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.
772
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)
773
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
774
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.
775
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%.
776
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
777
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
778
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/
779
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.
780
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
781
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.
782
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
783
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.
784
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
785
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
786
Appendix A
Glossary of Terms
787
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
788
Appendix B
Project Map
789
Appendix C
CalEEMod Output
790
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).
791
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)
792
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
793
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
794
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.
795
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
796
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.
797
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
798
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
799
Appendix A
Glossary of Acoustical Terms
800
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
801
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.
802
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.
803
Appendix B
Fehr & Peers Traffic Counts
804
Appendix C
Traffic Noise Calculations
805
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
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, On April 25, 2023, City Council provided feedback to staff on
proposed revisions to operational and design guidelines for encroachments on
Pier Plaza and off-street encroachments citywide; 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.
806
Page 2 of 2 RES NO. 23-
SECTION 2. The City Council hereby adopts the “OUTDOOR DINING DESIGN
AND OPERATIONAL STANDARDS FOR PIER PLAZA AND OFF-STREET
ENCROACHMENT AREAS” attached hereto as Exhibit “A.”
SECTION 3. If any section, subsection, sentence, clause, phrase or word of
this resolution or in the attached Exhibit A 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 or Exhibit A.
SECTION 4. 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.
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 resolution to ensure continuity and effective and efficient
execution of the Pier Plaza outdoor dining program.
PASSED, APPROVED, and ADOPTED on this 13th day, June 2023
Mayor Raymond A. 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
807
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 12.16.090 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 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 and other off-street encroachment areas
shall comply with the standards set forth herein, and all encroachment
permits issued for outdoor dining shall be in conformance herewith. No
person shall use the off-street public right-of-way for outdoor dining
without first obtaining an Outdoor Dining Encroachment Permit from the
City.
B. An outdoor dining area is a place on the public right-of-way 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 and other off-street encroachment
areas. 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.
808
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. Changes
to operating hours for the purpose of recalculating fees will only be
allowed once per quarter and must be communicated to the City no less
than fifteen (15) days before start of the quarter for which the applicant is
seeking a change of encroachment fees.
B. An application fee 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.
E. A maintenance deposit, in an amount determined by the Public Works
Director to be adequate to pay for the replacement of the sidewalk paving
and any fixtures within the outdoor dining area, 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.
809
F. An application for renewal of an Outdoor Dining Encroachment Permit
may be submitted to the Public Works Department on a form obtained
from the Director. Permits are valid for one year. The application must be
filed and fee paid with the Public Works Department no later than sixty
(60) 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 not impede ingress or egress, and shall be
fully accessible to the disabled, as required by the California Building
Code, Title 24, Disabled Access Standards, the Americans with
Disabilities Act (ADA) standards, and other requirements of law, and the
city fire chief.
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.
810
B.No signs or banners of any kind shall be placed, displayed or erected on
barriers.
C.The elevation of the encroachment area shall not be altered (e.g., no
platforms or recesses). No modification to the surface of the right-of-way,
such as resurfacing, texturing, bolting, or borings for recessed sleeves,
shall be made unless approved by the Director of Public Works.
D.Barriers shall be able to withstand inclement outdoor weather and resist a
concentrated load of two hundred (200) pounds.
E.The height of any barrier shall not exceed three feet, six inches (3’- 6”)
with the exception that clear 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 and shall only be used when
customers are present. 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.The use of candles are prohibited.
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.
K.No queueing is permitted on any encroachment areas.
811
1. The congregating or lining up of customers outside the business, in
any manner, on sidewalks or other public rights of way is prohibited.
Notwithstanding the previous sentence or any other regulation, the
City Manager or City Manager’s designee may approve the queuing of
customers/attendees for select and limited special events at businesses
subject to these guidelines. The request must be made in writing no
later than fourteen (14) days prior to the event and the City Manager’s
decision (or designee) is final.
2. Unless no table is available, the business 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. Businesses 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. Business 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 inside 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.
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.
812
B. Restaurant management shall keep the outdoor dining area clear of litter,
graffiti, 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 power 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.
E. If disposable materials are used, the establishment shall comply with all
applicable City recycling and waste diversion 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.
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 right-of-way 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 applicable existing CUP provisions for the adjoining commercial
establishment shall be enforced within the encroachment area. Noise 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.
813
L. The allowable hours of operation within the outdoor encroachment area
shall be consistent with Hermosa Beach Municipal Code Chapter 12.16.
The City Manager, upon a showing of good cause may extend these hours
for special events or, in the City Manager’s discretion bring the request to
the City Council for review.
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. An
updated Certificate of Insurance shall be submitted annually upon renewal.
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.
814
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 the timeframe prescribed on the notice to the
Permittee, the City Manager or City Manager’s designee 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 City Manager or City
Manager’s designee may revoke an Outdoor Dining Encroachment Permit
upon ten (10) days written notice, with or without cause. The City
Manager or City Manger’s designee’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.
815
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, On April 25, 2023, City Council considered a new proposed rate
schedule from City staff and suggested numerous modifications; 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.
816
Page 2 of 3 RES NO. 23-
SECTION 2. The City Council hereby adopts the following encroachment
fees to go into effect July 1, 2023, and directs City staff to incorporate these into
the City’s Master Fee schedule:
Encroachment Area
Category
Proposed Fee
per square foot,
per month for
2023-24
Proposed
Fee per
square foot,
per month for
2024-25
Proposed
Fee per
square foot,
per month for
2025-26
Pier Plaza (business serves
alcohol), closes after
midnight
$4.00 $5.00 $6.00
Pier Plaza (business serves
alcohol), closes before
midnight
$2.00 $3.00 $4.00
Pier Plaza (business does not
serve alcohol), closes before
midnight; off-Pier Plaza; on-
street; sidewalk; retail
$1.00 $2.00 $2.50
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 resolution to ensure continuity and effective and efficient
execution of the Pier Plaza outdoor dining program.
PASSED, APPROVED, and ADOPTED on this 13th day, June 2023.
817
Page 3 of 3 RES NO. 23-
Mayor Raymond A. 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
818
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
819
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.
820
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 821
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.
822
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.
823
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.
824
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.
825
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.
826
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.
827
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.
828
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.
829
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.
830
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.”
831
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
832
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
833
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
834
BUSINESS NAME DIFFERENCE % INCREASE
DIFFERENCE % INCREASE DIFFERENCE % INCREASE 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% 4.00 36,000.00 6,120.00 20.48%5.00 45,000.00 15,120.00 50.60%6.00 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% 4.00 30,000.00 11,769.00 64.55%5.00 37,500.00 19,269.00 105.69%6.00 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 4.00 22,500.00 3,825.00 20.48%5.00 28,125.00 9,450.00 50.60%6.00 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% 4.00 12,844.80 (3,211.20) -20.00%5.00 16,056.00 0.00 0.00%6.00 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% 4.00 34,416.00 3,492.00 11.29%5.00 43,020.00 12,096.00 39.12%6.00 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% 4.00 37,440.00 (9,360.00) -20.00%5.00 46,800.00 0.00 0.00%6.00 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 4.00 4,680.00 (1,170.00) -20.00%5.00 5,850.00 0.00 0.00%6.00 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% 4.00 52,560.00 32,850.00 166.67%5.00 65,700.00 45,990.00 233.33%6.00 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 3.32 35,218.56 - 0.00%3.32 35,218.56 0.00 0.00%3.32 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% 265,659.36 44,314.80 20.02% 323,269.56 101,925.00 46.05% 380,879.76 159,535.20 72.08%
ANNUAL
RATE
Plaza Non-Late with Alcohol DIFFERENCE % INCREASE DIFFERENCE % INCREASE DIFFERENCE % INCREASE 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 4.00 7,500.00 67,500.00 37,800.00 127.27% *9 months 2.00 33,750.00 4,050.00 13.64%3.00 50,625.00 20,925.00 70.45%4.00 67,500.00 37,800.00 127.27%*9 months
* 3 THE LIGHTHOUSE (CLOSED BEFORE MIDNIGHT @ $2/SQ. FT.)390 780.00 0.00 7,020.00 fenced *9 months 390 4.00 1,560.00 14,040.00 7,020.00 100.00% *9 months 2.00 7,020.00 - 0.00%3.00 10,530.00 3,510.00 50.00%4.00 14,040.00 7,020.00 100.00%*9 months
PLAYA HERMOSA FISH & OYSTER CO 971 652.00 967.50 19,434.00 fenced 971 4.00 3,884.00 46,608.00 27,174.00 139.83% 2.00 23,304.00 3,870.00 19.91%3.00 34,956.00 15,522.00 79.87%4.00 46,608.00 27,174.00 139.83%
2 PALMILLA COCINA TEQUILA 579.6 379.20 585.00 11,570.40 fenced 579.60 4.00 2,318.40 27,820.80 16,250.40 140.45% 2.00 13,910.40 2,340.00 20.22%3.00 20,865.60 9,295.20 80.34%4.00 27,820.80 16,250.40 140.45%
BREW'S HALL (formerly Mediterraneo/Rebel Republic) 1376 780.00 1,479.00 27,108.00 fenced 1376 4.00 5,504.00 66,048.00 38,940.00 143.65% 2.00 33,024.00 5,916.00 21.82%3.00 49,536.00 22,428.00 82.74%4.00 66,048.00 38,940.00 143.65%
SILVIO'S BRAZILIAN BBQ 690 780.00 450.00 14,760.00 fenced 690 4.00 2,760.00 33,120.00 18,360.00 124.39% 2.00 16,560.00 1,800.00 12.20%3.00 24,840.00 10,080.00 68.29%4.00 33,120.00 18,360.00 124.39%
GREENSPOT (Formerly Greenbelt and Chop Shop) 452 520.00 288.00 9,696.00 452 4.00 1,808.00 21,696.00 12,000.00 123.76% 2.00 10,848.00 1,152.00 11.88%3.00 16,272.00 6,576.00 67.82%4.00 21,696.00 12,000.00 123.76%
GRAND TOTAL TOTAL 119,288.40 TOTAL 25,334.40 276,832.80 157,544.40 132.07% 138,416.40 19,128.00 16.04% 207,624.60 88,336.20 74.05% 276,832.80 157,544.40 132.07%
Plaza Snack Shops, Off Plaza, Retail, Sidewalk DIFFERENCE % INCREASE DIFFERENCE % INCREASE DIFFERENCE % INCREASE DIFFERENCE % INCREASE
5 CAFÉ BONAPARTE (FORMERLY DOWNTOWN BAKERY) SNACK SHOP 461 341.00 180.00 6,252.00 461 2.50 1,152.50 13,830.00 7,578.00 121.21% 1.00 4,149.00 (2,103.00) -33.64%2.00 8,298.00 2,046.00 32.73%2.50 13,830.00 7,578.00 121.21%
5 OAKBERRY ACAI (Formerly ITA Italian Street Food {and Hooked Poke Market} Snack Shop)143 143.00 0.00 1,716.00 143 2.50 357.50 4,290.00 2,574.00 150.00% 1.00 1,287.00 (429.00) -25.00%2.00 2,574.00 858.00 50.00%2.50 4,290.00 2,574.00 150.00%
5 JUICED (FORMERLY THE FRESH SPOT) SNACK SHOP 130 130.00 1,560.00 130 2.50 325.00 3,900.00 2,340.00 150.00% 1.00 1,170.00 (390.00) -25.00%2.00 2,340.00 780.00 50.00%2.50 3,900.00 2,340.00 150.00%
* 4 BOTTLE INN 570.0 Varies 2,850.00 570.00 2.50 1,425.00 17,100.00 14,250.00 500.00% 1.00 5,130.00 2,280.00 80.00%2.00 10,260.00 7,410.00 260.00%2.50 17,100.00 14,250.00 500.00%
BARNACLES BAR & GRILL 200 200.00 2,400.00 200 2.50 500.00 6,000.00 3,600.00 150.00% 1.00 1,800.00 (600.00) -25.00%2.00 3,600.00 1,200.00 50.00%2.50 6,000.00 3,600.00 150.00%
GOOD STUFF 1380 480.00 1,350.00 21,960.00 1380 2.50 3,450.00 41,400.00 19,440.00 88.52% 1.00 12,420.00 (9,540.00) -43.44%2.00 24,840.00 2,880.00 13.11%2.50 41,400.00 19,440.00 88.52%
MARTHA'S 22 ND. ST. GRILL (OWNED BY BOTTLE INN)914 913.50 10,962.00 913.5 2.50 2,283.75 27,405.00 16,443.00 150.00% 1.00 8,221.50 (2,740.50) -25.00%2.00 16,443.00 5,481.00 50.00%2.50 27,405.00 16,443.00 150.00%
MICKEY'S ITALIAN DELI 384 384.00 4,608.00 384 2.50 960.00 11,520.00 6,912.00 150.00% 1.00 3,456.00 (1,152.00) -25.00%2.00 6,912.00 2,304.00 50.00%2.50 11,520.00 6,912.00 150.00%
PAISANO PIZZA & PASTA 506 50.00 684.00 8,808.00 506 2.50 1,265.00 15,180.00 6,372.00 72.34% 1.00 4,554.00 (4,254.00) -48.30%2.00 9,108.00 300.00 3.41%2.50 15,180.00 6,372.00 72.34%
THE BEACH HOUSE (square footage adjusted 4/1/2019)- Separate contract 480.0 480.00 5,760.00 480.00 2.50 1,200.00 14,400.00 8,640.00 150.00% 1.00 4,320.00 (1,440.00) -25.00%2.00 8,640.00 2,880.00 50.00%2.50 14,400.00 8,640.00 150.00%
THE GREEN STORE 312 312.00 3,744.00 312 2.50 780.00 9,360.00 5,616.00 150.00% 1.00 2,808.00 (936.00) -25.00%2.00 5,616.00 1,872.00 50.00%2.50 9,360.00 5,616.00 150.00%
JAVA MAN 112 112.00 1,344.00 112 2.50 280.00 3,360.00 2,016.00 150.00% 1.00 1,008.00 (336.00) -25.00%2.00 2,016.00 672.00 50.00%2.50 3,360.00 2,016.00 150.00%
CHEF MELBA'S BISTRO 96 144.00 1,728.00 96 2.50 240.00 2,880.00 1,152.00 66.67% 1.00 864.00 (864.00) -50.00%2.00 1,728.00 0.00 0.00%2.50 2,880.00 1,152.00 66.67%
LA PLAYITA CAFÉ 480 720.00 8,640.00 480 2.50 1,200.00 14,400.00 5,760.00 66.67% 1.00 4,320.00 (4,320.00) -50.00%2.00 8,640.00 0.00 0.00%2.50 14,400.00 5,760.00 66.67%
HERMOSA BREWING CO. 372 558.00 6,696.00 372 2.50 930.00 11,160.00 4,464.00 66.67% 1.00 3,348.00 (3,348.00) -50.00%2.00 6,696.00 0.00 0.00%2.50 11,160.00 4,464.00 66.67%
7 LOBSTER & BEER 792 1,188.00 14,256.00 792 2.50 1,980.00 23,760.00 9,504.00 66.67% 1.00 7,128.00 (7,128.00) -50.00%2.00 14,256.00 0.00 0.00%2.50 23,760.00 9,504.00 66.67%
JAPONICA 441 661.50 7,938.00 441 2.50 1,102.50 13,230.00 5,292.00 66.67% 1.00 3,969.00 (3,969.00) -50.00%2.00 7,938.00 0.00 0.00%2.50 13,230.00 5,292.00 66.67%
NORTH END BAR & GRILL 849 1,273.50 15,282.00 849 2.50 2,122.50 25,470.00 10,188.00 66.67% 1.00 7,641.00 (7,641.00) -50.00%2.00 15,282.00 0.00 0.00%2.50 25,470.00 10,188.00 66.67%
PEDONE'S PIZZA 372 558.00 6,696.00 372 2.50 930.00 11,160.00 4,464.00 66.67% 1.00 3,348.00 (3,348.00) -50.00%2.00 6,696.00 0.00 0.00%2.50 11,160.00 4,464.00 66.67%
ZANES 588 882.00 10,584.00 588 2.50 1,470.00 17,640.00 7,056.00 66.67% 1.00 5,292.00 (5,292.00) -50.00%2.00 10,584.00 0.00 0.00%2.50 17,640.00 7,056.00 66.67%
CREME DE LA CREPE 224 336.00 4,032.00 224 2.50 560.00 6,720.00 2,688.00 66.67% 1.00 2,016.00 (2,016.00) -50.00%2.00 4,032.00 0.00 0.00%2.50 6,720.00 2,688.00 66.67%
EL TARASCO 280 420.00 5,040.00 280 2.50 700.00 8,400.00 3,360.00 66.67% 1.00 2,520.00 (2,520.00) -50.00%2.00 5,040.00 0.00 0.00%2.50 8,400.00 3,360.00 66.67%
HOOK & PLOW 660 990.00 11,880.00 660 2.50 1,650.00 19,800.00 7,920.00 66.67% 1.00 5,940.00 (5,940.00) -50.00%2.00 11,880.00 0.00 0.00%2.50 19,800.00 7,920.00 66.67%
ROCKEFELLER 301 451.50 5,418.00 301 2.50 752.50 9,030.00 3,612.00 66.67% 1.00 2,709.00 (2,709.00) -50.00%2.00 5,418.00 0.00 0.00%2.50 9,030.00 3,612.00 66.67%
SOSTA CUCINA 72 108.00 1,296.00 72 2.50 180.00 2,160.00 864.00 66.67% 1.00 648.00 (648.00) -50.00%2.00 1,296.00 0.00 0.00%2.50 2,160.00 864.00 66.67%
UNCORKED 264 396.00 4,752.00 264 2.50 660.00 7,920.00 3,168.00 66.67% 1.00 2,376.00 (2,376.00) -50.00%2.00 4,752.00 0.00 0.00%2.50 7,920.00 3,168.00 66.67%
BROTHERS BURRITOS 450 675.00 8,100.00 450 2.50 1,125.00 13,500.00 5,400.00 66.67% 1.00 4,050.00 (4,050.00) -50.00%2.00 8,100.00 0.00 0.00%2.50 13,500.00 5,400.00 66.67%
TACOS EL GOLOSO 91 136.50 1,638.00 91 2.50 227.50 2,730.00 1,092.00 66.67% 1.00 819.00 (819.00) -50.00%2.00 1,638.00 0.00 0.00%2.50 2,730.00 1,092.00 66.67%
TWO GUNS ESPRESSO 55 82.50 990.00 55 2.50 137.50 1,650.00 660.00 66.67% 1.00 495.00 (495.00) -50.00%2.00 990.00 0.00 0.00%2.50 1,650.00 660.00 66.67%
THE SOURCE CAFÉ 620 930.00 11,160.00 620 2.50 1,550.00 18,600.00 7,440.00 66.67% 1.00 5,580.00 (5,580.00) -50.00%2.00 11,160.00 0.00 0.00%2.50 18,600.00 7,440.00 66.67%
HEAVENLY COUTURE 150 225.00 2,700.00 150 2.50 375.00 4,500.00 1,800.00 66.67% 1.00 1,350.00 (1,350.00) -50.00%2.00 2,700.00 0.00 0.00%2.50 4,500.00 1,800.00 66.67%
PIER SURF 180 270.00 3,240.00 180 2.50 450.00 5,400.00 2,160.00 66.67% 1.00 1,620.00 (1,620.00) -50.00%2.00 3,240.00 0.00 0.00%2.50 5,400.00 2,160.00 66.67%
SPYDER II INC. 200 300.00 3,600.00 200 2.50 500.00 6,000.00 2,400.00 66.67% 1.00 1,800.00 (1,800.00) -50.00%2.00 3,600.00 0.00 0.00%2.50 6,000.00 2,400.00 66.67%
TREASURE CHEST 156 234.00 2,808.00 156 2.50 390.00 4,680.00 1,872.00 66.67% 1.00 1,404.00 (1,404.00) -50.00%2.00 2,808.00 0.00 0.00%2.50 4,680.00 1,872.00 66.67%
WAVES 247 370.50 4,446.00 247 2.50 617.50 7,410.00 2,964.00 66.67% 1.00 2,223.00 (2,223.00) -50.00%2.00 4,446.00 0.00 0.00%2.50 7,410.00 2,964.00 66.67%
GRAND TOTAL TOTAL 214,884.00 TOTAL 34,303.75 405,945.00 191,061.00 88.91%TOTAL 121,783.50 -93,100.50 -43.33% 243,567.00 28,683.00 13.35% 405,945.00 191,061.00 88.91%
GRAND TOTAL 555,516.96 GRAND TOTAL 101,570.63 1,063,657.56 508,140.60 91.47%GRAND TOTAL 525,859.26 (29,657.70) -5% 774,461.16 218,944.20 39% 1,063,657.56 508,140.60 91.47%
CURRENT RESTAURANT ENCROACHMENTS CITY COUNCIL APPROVED RATES
SHOWN IN RECOMMENDED NEW CATEGORIES 4/25/2023
RENT/ MONTH ANNUAL RATE
Oct - June
SQ.
FOOTAGE
RENT/ MONTH SQ.
FOOTAGE
RENT/
SF/MONTH
SQ.
FOOTAGE
AMT PAID
@ $2/SQ. FT.
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
RENT/
SF/MONTH
Oct - June
SQ.
FOOTAGE
AMT PAID
@ $1/SQ. FT.
SQ.
FOOTAGE
ANNUAL RATE TEMPORARY AMT
PAID
@ $1.50/SQ. FT
YEAR 1 YEAR 2 YEAR 3
RENT/
SF/MONTH
RENT/
SF/MONTH
RENT/
SF/MONTH
RENT ANNUAL
RATE
RENT ANNUAL
RATE
RENT ANNUAL
RATE
YEAR 1
RENT/
SF/MONTH
RENT ANNUAL
RATE
RENT/
SF/MONTH
RENT ANNUAL
RATE
RENT/
SF/MONTH
RENT ANNUAL
RATE
YEAR 2 YEAR 3
YEAR 1 YEAR 2 YEAR 3
RENT/
SF/MONTH
RENT ANNUAL
RATE
RENT/
SF/MONTH
RENT ANNUAL
RATE
RENT/
SF/MONTH
RENT ANNUAL
RATE
5/9/2023 7:30 PM 835
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0337
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
INTRODUCTION OF AN ORDINANCE TO AMEND CHAPTER 17.21 OF THE HERMOSA BEACH
MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS
(Community Development Director Carrie Tai)
Recommended Action:
Staff recommends City Council:
1.Introduce and waive full reading and introduce by title only an Ordinance of the City of
Hermosa Beach,California,amending Chapter 17.21 of the Hermosa Beach Municipal Code
regarding accessory dwelling units and junior accessory dwelling units and determine the
project is exempt under the California Environmental Quality Act (CEQA)pursuant to Section
21080.17 of the California Public Resources Code (Attachment 1); and
2.Direct the City Clerk to publish a summary ordinance.
Executive Summary:
At its December 13,2022 meeting,City Council updated the City’s Accessory Dwelling Unit
Ordinance.Since that time,staff identified items in the ADU Ordinance pertaining to types of ADUs
and Junior ADUs (JADUs),height regulations,and references to accessory structures which require
further clarification.At its May 16,2023 meeting,the Planning Commission voted to recommend the
City Council adopt an ordinance outlining staff recommended changes.
Background:
In 2022,the California Legislature approved,and the Governor signed into law,Senate Bill 897 that
further amends Government Code sections 65852.2 and 65852.22.At its December 13,2022
meeting,City Council adopted Urgency Ordinance No.22-1456U (“ADU Ordinance”)to comply with
the regulations set forth in SB 897.
Since that time,staff identified language pertaining to building heights in the ADU Ordinance that
requires correction to be consistent with other portions of the Zoning Ordinance.On April 6,2023,
staff consulted with the California Department of Housing and Community Development,and they
advised that some clarification was needed on whether garages were included as accessory
structures eligible for conversion to ADUs.Also,in responding to development requests from property
owners,staff identified areas of flexibility needed to accommodate and facilitate the construction of
City of Hermosa Beach Printed on 6/8/2023Page 1 of 6
powered by Legistar™836
Staff Report
REPORT 23-0337
owners,staff identified areas of flexibility needed to accommodate and facilitate the construction of
ADUs or JADUs in certain circumstances.
At its May 16,2023 meeting,the Planning Commission conducted a public hearing to review the
proposed ordinance.The Commission voted to recommend approval of a zone text amendment for
section 17.21.040(B)(4)and (B)(5)regarding height regulations,a zone text amendment for section
17.21.030(A)regarding ADUs and JADUs,as well as clarifying language regarding accessory
structures.The Commission also voted to recommend City Council denial of staff recommendation
regarding roof top decks for ADUs in 17.21.040(F) and, instead, keep the current prohibition.
Past Board, Commission and Council Actions
Meeting Date Description
May 15, 2018 Planning Commission first reading of the ADU Ordinance
June 25, 2018 Planning Commission recommends City Council approve
Zone Text Amendment 18-1, thereby establishing local
standards for State mandated ADUs.
July 24, 2018 City Council first reading of the ADU Ordinance
August 28, 2018 City Council adopts Ordinance No. 18-1385
December 9, 2019 Planning Commission recommends City Council approve
Zone Text Amendment 19-2, thereby amending the
Municipal Code regarding ADUs.
January 14, 2020 City Council adopts Urgency Ordinance No. 20-1403U
January 28, 2020 City Council adopts Ordinance No. 20-1204
November 15, 2022 Planning Commission recommends City Council approve
Zone Text Amendment 22-02, thereby amending the
Municipal Code regarding ADUs and JADUs.
November 29, 2022 City Council continues the item to the December 13, 2022
meeting.
December 13, 2022 City Council adopts Ordinance No. 22-1456U
May 16, 2023 Planning Commission recommends City Council approve
Zone Text Amendment 23-01, thereby amending the
Municipal Code regarding ADUs.
Analysis:
Text Amendment
Proposed amendments are shown below as indicated with redlined text.
City of Hermosa Beach Printed on 6/8/2023Page 2 of 6
powered by Legistar™837
Staff Report
REPORT 23-0337
Ø 17.21.030(A)(1): Approval of Building-permit Only ADUs and JADUs
Existing regulations currently allow existing or proposed single-family dwellings to convert space for
one ADU and one JADU.Section 17.21.025 defines a JADU as a residential unit,which may not
exceed 500 square feet in size.The definition of JADU also includes the option of shared bathing
facilities,whereas an ADU requires its own bathing facility.Homeowners approached the City to seek
permission to construct JADUs larger than 500 square feet,which is inconsistent with the definition of
a JADU.Staff proposes to expand the option for homeowners to decide on constructing a second
ADU in lieu of a JADU,which would allow a homeowner to add a second accessory unit larger than a
JADU, but that has complete kitchen and bathroom facilities.
Staff consulted with HCD,who advised that some clarification was needed on whether garages were
included as accessory structures eligible for conversion to ADUs.As a remedy,staff recommends
adding clarification of garage being an accessory structure.
The Planning Commission resolution supports the proposed text amendment to modify the
appropriate section of the Hermosa Beach Municipal Code relating to added options of ADU/JADU
configurations and the inclusion of garage as an accessory structure.
Ø 17.21.040(B)(4): ADU and JADU Height Requirements
Existing regulations limit building height to a maximum of 25 feet for all newly created structures
(including ADUs)within the R-1 zone.However,maximum building height is 30 feet for all other
City of Hermosa Beach Printed on 6/8/2023Page 3 of 6
powered by Legistar™838
Staff Report
REPORT 23-0337
(including ADUs)within the R-1 zone.However,maximum building height is 30 feet for all other
residential zones within the City,creating an inconsistency on potential heights in those zones.Staff
recommends amending the language to allow ADUs and JADUs converted,or newly built,to reflect
the underlying zoning district in which they are located.Updating the language to reflect the
underlying zone allows greater flexibility and does not hinder a property owner from building to the
full height allowed within the underlying zone.
The Planning Commission resolution supports this proposed text amendment.
Ø 17.21.040(B)(5): ADU and JADU Height Measurement Requirements
Previous ADU Ordinances outline that ADUs shall be measured based on the permitted base zone.
This language was not carried forward when the most recent ADU Ordinance was adopted
(Attachment 3).Staff seeks to correct the language in the ADU Ordinance to ensure all ADUs and
JADUs are measured based on the appropriate Building Height requirements (Chapter 17.46).
The Planning Commission resolution supports this proposed text amendment.
Ø 17.21.040(F): Roof Decks on ADUs and JADU
The prohibition of roof decks on ADUs and JADUs has been carried over since the 2018 ADU
Ordinance.With the current code prohibiting roof decks,the location of new or converted ADUs and
JADUs may be restricted if an existing or proposed structure has a roof deck.Under Section
17.21.050(D),open space requirements cannot be regulated,and depending on where an ADU is
proposed,existing open spaces areas are reduced or eliminated altogether.Allowing roof decks on
ADUs and JADUs provides additional open space that otherwise may not be allowed under the
current code.Roof decks would be regulated under Chapter 17.46,as the code regulates the height
of roof decks as part of total building height.Deletion of this text would allow more design flexibility,
provide open space opportunities,and roof decks will still be governed under the same height
regulations as a roof deck above a primary dwelling unit.
The Planning Commission resolution does not support this proposed text amendment.The proposed
ordinance (Attachment 1)reflects the Planning Commission’s vote by omitting the originally
proposed changes.
City of Hermosa Beach Printed on 6/8/2023Page 4 of 6
powered by Legistar™839
Staff Report
REPORT 23-0337
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 2.Neighborhoods provide for diverse needs of residents of all ages and abilities,and are
organized to support healthy and active lifestyles.
Policies:
§2.3 Balanced neighborhoods.Promote a diverse range of housing unit types and
sizes, within the allowed densities.
§2.5 Neighborhood preservation.Preserve and enhance the quality of residential
neighborhoods by avoiding or abating the intrusion of disruptive,nonconforming buildings
and uses.
§2.6 Diversity of building types and styles.Encourage a diversity of building types
and styles in areas designated for multi-family housing ranging from duplex/triplex/fourplex
to courtyard housing to multi-family housing projects.
Fiscal Impact:
There is no fiscal impact related to the recommended action.
Environmental Determination:
The proposed project under California Public Resources Code section 21080.17,the California
Environmental Quality Act (“CEQA”),does not apply to the adoption of an ordinance by a city or
county implementing the provisions of section 65852.2 of the Government Code,which is California’s
ADU law,and which regulates JADUs,as defined by Section 65852.22.Therefore,the proposed
ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s
ADU law.
Public Notification:
For the June 13,2023 City Council hearing,a legal ad was published on May 24,2023 in the Easy
Reader,a newspaper of general circulation.Public notification materials are included as Attachment
4. As of the writing of the report, staff has received no public comments.
Attachments:
1.Proposed Ordinance
2.Planning Commission Resolution with Draft Ordinance No. 23-05
3.Redlined Draft Ordinance
4.Ordinance No. 22-1456U
5.Public Notification Package
City of Hermosa Beach Printed on 6/8/2023Page 5 of 6
powered by Legistar™840
Staff Report
REPORT 23-0337
6.Link to the May 15, 2018 Planning Commission Staff Report
7.Link to the June 25, 2018 Planning Commission Staff Report
8.Link to the July 24, 2018 City Council Staff Report
9.Link to the August 28, 2018 Planning Commission Staff Report
10.Link to the December 9, 2019 Planning Commission Staff Report
11.Link to the January 14, 2020 City Council Staff Report
12.Link to the January 28, 2020 City Council Staff Report
13.Link to the November 15, 2022 Planning Commission Staff Report
14.Link to the November 29, 2022 City Council Staff Report
15.Link to the December 13, 2022 City Council Staff Report
16.Link to the May 16, 2023 Planning Commission Staff Report
17.May 16, 2023 Planning Commission Action Minutes
Respectfully Submitted by: Maricela Guillean, Associate Planner
Concur: Carrie Tai, AICP, 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 6/8/2023Page 6 of 6
powered by Legistar™841
Page 1 of 4 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 17.21 OF THE HERMOSA
BEACH MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINE THE
PROJECT IS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) PURSUANT TO SECTION 21080.17 OF THE CALIFORNIA
PUBLIC RESOURCES CODE.
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Whereas the City Council adopted Ordinance No. 22-1556U
updating the City’s regulations on Accessory Dwelling Units (ADUs) and Junior
Accessory Dwelling Units (JADUs) on December 15, 2022, and staff has identified
the need to amend the Ordinance for the following reasons: 1) Corrections to
language relating to building height; 2) Clarify language based on consultation
with California Department of Housing and Community Development (HCD) and
3) Provide flexibility and more options for the production of ADUs and JADUs .
SECTION 2. The City Council held a duly noticed public hearing on June 13,
2023 to consider a text amendment to Hermosa Beach Municipal Code Chapter
17.21 as described in the proposed ordinance attached as Exhibit A.
SECTION 3. Under California Public Resources Code section 21080.17, the
California Environmental Quality Act (“CEQA”) does not apply to the adoption of
an ordinance by a city or county implementing the provisions of section 65852.2
of the Government Code, which is California’s ADU law and which also regulates
JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is
statutorily exempt from CEQA in that the proposed ordinance implements the
State’s ADU law.
SECTION 4. The City Council finds the proposed amendments are consistent
with the City’s General Plan. The ordinance will also comply with State requirements.
The amendments will not impede the City’s ability to meet its General Plan goals,
and the amendments are necessary to carry out the purposes of the Zoning
Ordinance, including the orderly planned use of land resources.
SECTION 5. The City Council finds that there is a need to amend the Municipal
Code with the following modifications (Exhibit A) in order to provide necessary
842
Page 2 of 4 ORD NO. 23-
clarification and flexibility in administering the Hermosa Beach Municipal Code
Chapter 17.21.
SECTION 6. The City Clerk shall submit a copy of this ordinance to the
Department of Housing and Community Development within 60 days after
adoption.
SECTION 7. 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 resolution
are severable. The City Council declares that it would have adopted this
resolution irrespective of the invalidity of any portion thereof.
SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days
after its passage and adoption pursuant to California Government Code section
36937.
SECTION 9. Certification. The City Clerk is directed to certify the passage
and adoption of this Ordinance; cause it to be entered into the City’s book of
original ordinances; make a note of the passage and adoption in the records of
this meeting; and, within fifteen (15) days after the passage and adoption of this
Ordinance, cause it to be published or posted in accordance with California law.
SECTION 10. The City Council approves of the proposed ordinance
attached hereto as Exhibit A.
PASSED, APPROVED, and ADOPTED on this 13th day, June 2023.
______________________________________________________________________________
Mayor Raymond A. 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
843
Page 3 of 4 ORD NO. 23-
Exhibit A
Amended ADU/JADU Regulations
(follows this page)
844
Page 4 of 4 ORD NO. 23-
17.21.030 (A) Approval of ADUs and JADUs
1. Converted on Single-family Lot: One ADU as described in this subsection (A)
(1) and one JADU (or a second ADU in lieu of the JADU) on a lot with a
proposed or existing single-family dwelling on it, where the ADU or JADU (or
a second ADU in lieu of the JADU):
a. Is either: within the space of a proposed single-family dwelling; within
the existing space of an existing single-family dwelling; or (in the case
of an ADU only) within the existing space of an accessory structure
(including garage), plus up to 150 additional square feet if the
expansion is limited to accommodating ingress and egress; and
17.21.040(B) General ADU and JADU Requirements and Development Standards
4. An ADU that is attached to the primary dwelling may not exceed the height
limitation imposed by the underlying zone that applies to the primary
dwelling, unless it is a conversion of existing space within an existing
nonconforming structure that exceeds the height of the underlying zone.
5. For purposes of this subsection, height is measured pursuant to Measuring
Building Height, Chapter 17.46.
845
Page 1 of 5 RES NO. 23-05
CITY OF HERMOSA BEACH
PC RESOLUTION NO. 23-05
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
HERMOSA BEACH, CALIFORNIA RECOMMENDING CITY COUNCIL
APPROVE ZONE TEXT AMENDMENT 23-01, AMENDING CHAPTER 17.21
OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND
DETERMINE THE PROJECT IS EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION
21080.17 OF THE CALIFORNIA PUBLIC RESOURCES CODE.
THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Whereas the City Council adopted Ordinance No. 22-1556U
updating the City’s regulations on Accessory Dwelling Units (ADUs) and Junior
Accessory Dwelling Units (JADUs) on December 15, 2022, and staff has identified
the need to amend the Ordinance for the following reasons: 1) Corrections to
language relating to building height; 2) Clarify language based on consultation
with California Department of Housing and Community Development (HCD) and
3) Provide flexibility and more options for the production of ADUs and JADUs .
SECTION 2. The Planning Commission held a duly noticed public hearing on
May 16, 2023 to consider a text amendment to Hermosa Beach Municipal Code
Chapter 17.21 as described in the proposed ordinance attached as Exhibit A.
SECTION 3. Under California Public Resources Code section 21080.17, the
California Environmental Quality Act (“CEQA”) does not apply to the adoption of
an ordinance by a city or county implementing the provisions of section 65852.2
of the Government Code, which is California’s ADU law and which also regulates
JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is
statutorily exempt from CEQA in that the proposed ordinance implements the
State’s ADU law.
SECTION 4. The Planning Commission finds the proposed amendments are
consistent with the City’s General Plan. The ordinance will also comply with State
requirements. The amendments will not impede the City’s ability to meet its General
Plan goals, and the amendments are necessary to carry out the purposes of the
Zoning Ordinance, including the orderly planned use of land resources.
SECTION 5. The Planning Commission recommends that the City Council find
that there is a need to amend the Municipal Code with the following modifications
846
Page 2 of 5 RES NO. 23-05
(Exhibit A) in order to provide necessary clarification and flexibility in administering
the Hermosa Beach Municipal Code Chapter 17.21.
SECTION 6. The Planning Commission hereby recommends City Council
approval of the proposed ordinance attached hereto as Exhibit A with regard to
zone text amendment for section 17.21.040(B)(4) and (B)(5) regarding height.
VOTE: AYES: 5
NOES: 0
ABSTAIN: 0
ABSENT: 0
SECTION 7. The Planning Commission hereby recommends City Council
approval of the proposed ordinance attached hereto as Exhibit A with regard to
zone text amendment for section 17.21.030(A) regarding ADUs and JADUs.
VOTE: AYES: 4
NOES: 1
ABSTAIN: 0
ABSENT: 0
SECTION 8. The Planning Commission hereby recommends City Council
deny staff recommendation and keep current prohibition on roof top decks for
ADUs in 17.21.040(F) attached hereto as Exhibit A.
VOTE: AYES: 3
NOES: 2
ABSTAIN: 0
ABSENT: 0
847
Page 3 of 5 RES NO. 23-05
PASSED, APPROVED and ADOPTED on this 16th day of May, 2023.
CERTIFICATION
I hereby certify the foregoing PC Resolution 23-05 is a true and complete record
of the action taken by the Planning Commission of the City of Hermosa Beach,
California, at its regular meeting of May 16, 2023.
________________________________ ________________________________
Stephen Izant Carrie Tai
Chair Secretary
________________________________
Date
848
Page 4 of 5 RES NO. 23-05
Exhibit A
Amended ADU/JADU Regulations
(follows this page)
849
Page 5 of 5 RES NO. 23-05
17.21.030 (A) Approval of ADUs and JADUs
1. Converted on Single-family Lot: One ADU as described in this subsection (A)
(1) and one JADU (or a second ADU in lieu of the JADU) on a lot with a
proposed or existing single-family dwelling on it, where the ADU or JADU (or
a second ADU in lieu of the JADU):
a. Is either: within the space of a proposed single-family dwelling; within
the existing space of an existing single-family dwelling; or (in the case
of an ADU only) within the existing space of an accessory structure
(including garage), plus up to 150 additional square feet if the
expansion is limited to accommodating ingress and egress; and
17.21.040(B) General ADU and JADU Requirements and Development Standards
4. An ADU that is attached to the primary dwelling may not exceed the height
limitation imposed by the underlying zone that applies to the primary
dwelling, unless it is a conversion of existing space within an existing
nonconforming structure that exceeds the height of the underlying zone.
5. For purposes of this subsection, height is measured pursuant to Measuring
Building Height, Chapter 17.46.
850
Section 1. The following provisions of Section 17.04.040 of the Hermosa Beach
Municipal Code is amended to read as follows:
Dwelling unit, accessory or accessory dwelling unit has the same
definition as defined in Chapter 17.21. This definition is applicable only as it
pertains to development and regulation of accessory dwelling units and/or
junior accessory dwelling units.
Dwelling unit, junior accessory or junior accessory dwelling unit has
the same definition as defined in Chapter 17.21. This definition is applicable
only as it pertains to development and regulation of accessory dwelling units
and/or junior accessory dwelling units.
Accessory structure has the same definition as defined in Chapter 17.21.
This definition is applicable only as it pertains to development and regulation
of accessory dwelling units and/or junior accessory dwelling units.
Complete independent living facilities has the same definition as defined
in Chapter 17.21. This definition is applicable only as it pertains to
development and regulation of accessory dwelling units and/or junior
accessory dwelling units.
Living area has the same definition as defined in Chapter 17.21. This
definition is applicable only as it pertains to development and regulation of
accessory dwelling units and/or junior accessory dwelling units.
Nonconforming zoning condition has the same definition as defined in
Chapter 17.21. This definition is applicable only as it pertains to
development and regulation of accessory dwelling units and/or junior
accessory dwelling units.
Passageway has the same definition as defined in Chapter 17.21. This
definition is applicable only as it pertains to development and regulation of
accessory dwelling units and/or junior accessory dwelling units.
Proposed dwelling has the same definition as defined in Chapter 17.21.
This definition is applicable only as it pertains to development and
regulation of accessory dwelling units and/or junior accessory dwelling
units.
Public transit has the same definition as defined in Chapter 17.21. This
definition is applicable only as it pertains to development and regulation of
accessory dwelling units and/or junior accessory dwelling units.
851
Section 2. Chapter 17.21 of the Hermosa Beach Municipal Code is amended to read
as follows:
17.21.010 Purpose.
The purpose of this section is to allow and regulate accessory dwelling units (ADUs)
and junior accessory dwelling units (JADUs) in compliance with California
Government Code sections 65852.2 and 65852.22.
17.21.020 Effect of Conforming.
An ADU or JADU that conforms to the standards in this section will not be:
A. Deemed to be inconsistent with the city's general plan and zoning
designation for the lot on which the ADU or JADU is located.
B. Deemed to exceed the allowable density for the lot on which the ADU or JADU
is located.
C. Considered in the application of any local ordinance, policy, or program to
limit residential growth.
D. Required to correct a nonconforming zoning condition. This does not prevent
the city from enforcing compliance with applicable building standards in
accordance with Health and Safety Code section 17980.12.
17.21.025 Definitions
As used in this Chapter, terms are defined as follows:
A. "Accessory dwelling unit" or "ADU" means an attach ed or a detached
residential dwelling unit that provides complete independent living facilities
for one or more persons and is located on a lot with a proposed or existing
primary residence. An accessory dwelling unit also includes the following:
1. An efficiency unit, as defined by section 17958.1 of the California
Health and Safety Code; and
2. A manufactured home, as defined by section 18007 of the
California Health and Safety Code.
B. "Accessory structure" means a structure that is accessory and incidental to a
dwelling located on the same lot.
852
C. "Complete independent living facilities" means permanent provisions for living,
sleeping, eating, cooking, and sanitation on the same parcel as the single-
family or multifamily dwelling is or will be situated.
D. "Efficiency kitchen" means a kitchen that includes all of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of a
reasonable size in relation to the size of the JADU.
E. "Junior accessory dwelling unit" or "JADU" means a residential unit that
satisfies all of the following:
1. It is no more than 500 square feet in size.
2. It is contained entirely within an existing or proposed single-family
structure. An enclosed use within the residence, such as an
attached garage, is considered to be a part of and contained within
the single-family structure.
3. It includes its own separate sanitation facilities or shares sanitation
facilities with the existing or proposed single-family structure.
4. If the unit does not include its own separate bathroom, then it
contains an interior entrance to the main living area of the existing or
proposed single-family structure in addition to an exterior entrance
that is separate from the main entrance to the primary dwelling.
5. It includes an efficiency kitchen, as defined above.
F. "Living area" means the interior habitable area of a dwelling unit,
including basements and attics, but does not include a garage or any
accessory structure.
G. "Nonconforming zoning condition" means a physical improvement on a
property that does not conform with current zoning standards.
H. "Passageway" means a pathway that is unobstructed clear to the sky and
extends from a street to one entrance of the ADU or JADU.
I. "Proposed dwelling" means a dwelling that is the subject of a permit
application and that meets the requirements for permitting.
J. "Public transit" means a location, including, but not limited to, a bus stop or
train station, where the public may access buses, trains, subways, and other
forms of transportation that charge set fares, run on fixed routes, and are
available to the public.
K. "Tandem parking" means that two or more automobiles are parked on a
driveway or in any other location on a lot, lined up behind one another.
853
17.21.030 Approval of ADUs and JADUs
The following approvals apply to ADUs and JADUs under this Chapter:
A. Building-permit Only. If an ADU or JADU complies with each of the general
requirements in section 17.21.040 below, it is allowed with only a building
permit in the following scenarios:
1. Converted on Single-family Lot: One ADU as described in this
subsection (A) (1) and one JADU (or a second ADU in lieu of the JADU)
on a lot with a proposed or existing single-family dwelling on it, where
the ADU or JADU (or a second ADU in lieu of the JADU):
a. Is either: within the space of a proposed single-family dwelling;
within the existing space of an existing single-family dwelling;
or (in the case of an ADU only) within the existing space of an
accessory structure (including garage), plus up to 150
additional square feet if the expansion is limited to
accommodating ingress and egress; and
b. Has exterior access that is independent of that for the single-
family dwelling; and
c. Has side and rear setbacks sufficient for fire and safety, as
dictated by applicable building and fire codes.
d. The JADU complies with the requirements of
Government Code Section 65852.22.
2. Limited Detached on Single-family Lot: One detached, new-
construction ADU on a lot with a proposed or existing single-family
dwelling (in addition to any JADU that might otherwise be established
on the lot under subsection (A)(1) above), if the detached ADU
satisfies each of the following limitations:
a. The side- and rear-yard setbacks are at least four feet.
b. The total floor area is 800 square feet or smaller.
c. The peak height above grade does not exceed the
applicable height limit in 17.21.040 (B) below.
3. Converted on Multifamily Lot: One or more ADUs within portions of
existing multifamily dwelling structures that are not used as livable
space, including but not limited to storage rooms, boiler rooms,
passageways, attics, basements, or garages, if each converted ADU
complies with state building standards for dwellings. Under this
subsection, at least one converted ADU is allowed within an existing
multifamily dwelling, up to a quantity equal to 25 percent of the existing
multifamily dwelling units.
854
4. Limited Detached on Multifamily Lot: No more than two detached ADUs
on a lot that has an existing or proposed multifamily dwelling if each
detached ADU satisfies both of the following limitations:
a. The side- and rear-yard setbacks are at least four feet. If the
existing multifamily dwelling has a rear or side yard setback of
less than four feet, the city will not require any modification to
the multifamily dwelling as a condition of approving the ADU.
b. The peak height above grade does not exceed the
applicable height limit provided in 17.21.040 (B) below.
B. ADU Permit.
1. Except as allowed under section 17.21.030 (A), no ADU may be
created without a building permit and an ADU permit in compliance
with the standards set forth in sections 17.21.040 and 17.21.050.
2. The city may charge a fee to reimburse it for costs incurred in
processing ADU permits, including the costs of adopting or amending
the city's ADU ordinance. The ADU-permit processing fee is determined
by the community development director and approved by the city
council by resolution.
C. Process and Timing
1. An ADU permit is considered and approved ministerially, without
discretionary review or a hearing.
2. The city must approve or deny an application to create an ADU or
JADU within 60 days from the date that the city receives a completed
application. If the city has not approved or denied the completed
application within 60 days, the application is deemed approved
unless either:
a. The applicant requests a delay, in which case the 60-day time
period is tolled for the period of the requested delay, or
b. When an application to create an ADU or JADU is submitted with
a permit application to create a new single-family or multifamily
dwelling on the lot, the city may delay acting on the permit
application for the ADU or JADU until the city acts on the permit
application to create the new single-family or multifamily
dwelling, but the application to create
855
the ADU or JADU will still be considered ministerially without
discretionary review or a hearing.
3. If the city denies an application to create an ADU or JADU, the city
must provide the applicant with comments that include, among other
things, a list of all the defective or deficient items and a description of
how the application may be remedied by the applicant. Notice of the
denial and corresponding comments must be provided to the applicant
within the 60-day time period established by subsection (C)(2) above.
4. A demolition permit for a detached garage that is to be replaced with
an ADU is reviewed with the application for the ADU and issued at the
same time.
17.21.040 General ADU and JADU Requirements and Development
Standards
The following requirements apply to all ADUs and JADUs that are approved
under section 17.21.030(A) & (B)above.
A. Zoning
1. An ADU or JADU subject to a building permit under section
17.21.030(A) may be created on a lot in a residential or mixed-use
zone.
2. An ADU or JADU subject to an ADU permit under section
17.21.030(B) may be created on a lot that is zoned to allow single-family
dwelling residential use or multifamily dwelling residential use.
B. Height
1. Except as otherwise provided by subsections (B) (2) and (B) (3)
below, a detached ADU created on a lot with an existing or proposed
single family or multifamily dwelling unit may not exceed 16 feet in
height.
2. A detached ADU may be up to 18 feet in height if it is created on a
lot with an existing or proposed single family or multifamily dwelling
unit that is located within one-half walking distance of a major transit
stop or a high quality transit corridor, as those terms are defined in
Section 21155 of the Public Resources Code, and the ADU may be
up to two additional feet in height (for a maximum of 20 feet) if
necessary to accommodate a roof pitch on the ADU that is aligned
with the roof pitch of the primary dwelling unit.
856
3. A detached ADU created on a lot with an existing or proposed
multifamily dwelling that has more than one story above grade may
not exceed 18 feet in height.
4. An ADU that is attached to the primary dwelling may not exceed 25
feet in height or the height limitation imposed by the underlying zone
that applies to the primary dwelling, whichever is lower unless it is a
conversion of existing space within an existing nonconforming
structure that exceeds the height of the underlying zone.
Notwithstanding the foregoing, ADUs subject to this subsection may
not exceed two stories.
5. For purposes of this subsection, height is measured above existing
legal grade to the peak of the structure. Pursuant to Measuring
Building Height, Chapter 17.46.
C. Fire Sprinklers
1. Fire sprinklers are required in an ADU if sprinklers are required in the
primary residence.
2. The construction of an ADU does not trigger a requirement for fire
sprinklers to be installed in the existing primary dwelling.
D. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30
days. This prohibition applies regardless of when the ADU or JADU was
created.
E. No Separate Conveyance. An ADU or JADU may be rented, but, except as
otherwise provided in Government Code Section 65852.26, no ADU or JADU
may be sold or otherwise conveyed separately from the lot and the primary
dwelling (in the case of a single-family lot) or from the lot and all of the
dwellings (in the case of a multifamily lot).
F. Roof Deck. Roof decks shall be permitted on an ADU or JADU.
G. Owner Occupancy
1. An ADU that is permitted after January 1, 2020, but before January 1, 2025,
is not subject to any owner-occupancy requirement.
2. Unless applicable law requires otherwise, all ADUs that are permitted on
or after January 1, 2025 are subject to an owner-occupancy requirement.
A natural person with legal or equitable title to the property must reside on
the property as the person's legal domicile and permanent residence.
857
3. As required by state law, all JADUs are subject to an owner-occupancy
requirement. A natural person with legal or equitable title to the property
must reside on the property, in either the primary dwelling or JADU, as
the person's legal domicile and permanent residence. However, the
owner-occupancy requirement in this subsection does not apply if the
property is entirely owned by another governmental agency, land trust, or
housing organization.
H. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a
deed restriction must be recorded against the title of the property in the
County Recorder's office and a copy filed with the community development
director. The deed restriction must run with the land and bind all future
owners. The form of the deed restriction will be provided by the city and must
provide that:
1. Except otherwise provided in Government Code Section 65852.26,
the ADU or JADU may not be sold separately from the primary
dwelling.
2. The ADU or JADU is restricted to the approved size and to other
attributes allowed by this section.
3. The deed restriction runs with the land and may be enforced
against future property owners.
4. The deed restriction may be removed if the owner eliminates the ADU
or JADU, as evidenced by, for example, removal of the kitchen
facilities. To remove the deed restriction, an owner may make a written
request of the Director, providing evidence that the ADU or JADU has
in fact been eliminated. The Director may then determine whether the
evidence supports the claim that the ADU or JADU has been
eliminated. Appeal may be taken from the Director's determination
consistent with other provisions of this Code. If the ADU or JADU is not
entirely physically removed, but is only eliminated by virtue of having a
necessary component of an ADU or JADU removed, the remaining
structure and improvements must otherwise comply with applicable
provisions of this Code.
5. The deed restriction is enforceable by the director or his or her
designee for the benefit of the city. Failure of the property owner to
comply with the deed restriction may result in legal action against the
property owner, and the city is authorized to obtain any remedy
858
available to it at law or equity, including, but not limited to, obtaining an
injunction enjoining the use of the ADU or JADU in violation of the
recorded restrictions or abatement of the illegal unit.
I. Building & Safety
1. Must comply with building code. Subject to subsection (l)(2), all
ADUs and JADUs must comply with all local building code
requirements.
2. No change of occupancy. Construction of an ADU does not constitute
a Group R occupancy change under the local building code, as
described in Section 310 of the California Building Code, unless the
building official or Code Enforcement Division officer makes a written
finding based on substantial evidence in the record that the
construction of the ADU could have a specific, adverse impact on
public health and safety. Nothing in this subsection prevents the city
from changing the occupancy code of a space that was uninhabitable
space or that was only permitted for nonresidential use and was
subsequently converted for residential use in accordance with this
section.
17.21.050 Specific Requirements for ADU Permit
In addition to the requirements in Section 17.21.040, the following requirement
apply to ADUs that require an ADU permit under section 17.21.030(B).
A. Maximum Size
1. The maximum size of a detached or attached ADU subject to this
section is 850 square feet for a studio or one-bedroom unit and
1,000 square feet for a unit with two or more bedrooms.
2. An attached ADU that is created on a lot with an existing primary
dwelling is further limited to 50 percent of the floor area of the
existing primary dwelling.
3. Application of other development standards in this section or any
other section, might further limit the size of the ADU, but no
application of the percent-based size limit in this section or other
section may require the ADU to be less than 800 square feet.
B. Setbacks
859
1. An ADU that is subject to this section must conform to a 25-foot
front-yard setback, subject to subsection (A) above.
2. An ADU that is subject to this section must conform to 4 -foot side-
and rear-yard setbacks.
3. No setback is required for an ADU that is subject to this section if the
ADU is constructed in the same location and to the same dimensions
as an existing structure.
C. Lot Coverage. No ADU subject to this section may cause the total lot
coverage to exceed whatever applicable standard exists based on the
zone in which it is was located subject to subsection (A) above.
D. Open Space. Unless restricted pursuant to other state or local law, the
property in which the ADU is located upon shall comply with the open
space requirements of the base zone subject to subsection (A) above.
E. Passageway. No passageway is required for an ADU.
F. Parking.
1. Generally. One off-street parking space is required for each ADU. The
parking space may be provided in setback areas or as tandem
parking.
2. Exceptions. No parking under this subsection (F) is required in the
following situations:
a. The ADU is located within one-half mile walking
distance of public transit.
b. The ADU is located within an architecturally and
historically significant historic district.
c. The ADU is part of the proposed or existing primary
residence or an accessory structure under section
17.21.030(A)(1).
d. When on-street parking permits are required but not
offered to the occupant of the ADU.
e. When there is an established car share vehicle stop
located within one block of the ADU.
f. When the permit application to create an ADU is submitted
with an application to create a new single-family or new
multifamily dwelling on the same lot, provided that the ADU or
the lot satisfies any other criteria listed in this subsection (2).
860
3. No Replacement. When a garage, carport, or covered parking
structure is demolished in conjunction with the construction of an
ADU or converted to an ADU, those off-street parking spaces are
not required to be replaced.
G. Architectural Requirements
1. The materials and colors of the exterior walls, roof, and windows and
doors must match the appearance and architectural design of those of
the primary dwelling.
2. The roof slope must match that of the dominant roof slope of the
primary dwelling. The dominant roof slope is the slope shared by the
largest portion of the roof.
3. The exterior lighting must be limited to down-lights or as otherwise
required by the building or fire code.
4. The ADU must have an independent exterior entrance, apart from
that of the primary dwelling.
5. The interior horizontal dimensions of an ADU must be at least 10 feet
wide in every direction, with a minimum interior wall height of se ven
feet.
6. Windows and doors of the ADU may not have a direct line of sight to
an adjoining residential property. Fencing, landscaping, or privacy
glass may be used to provide screening and prevent a direct line of
sight.
7. All windows and doors in an ADU are less than 30 feet from a property
line that is not a public right-of-way line must either be (for windows)
clerestory with the bottom of the glass at least six feet above the
finished floor, or (for windows and for doors) utilize frosted or obscure
glass.
H. Historical Protections. An ADU that is on or within 600 feet of real property that
is listed in the California Register of Historic Resources must be located so as
to not be visible from any public right-of-way.
17.21.060 Fees
The following requirements apply to all ADUs that are approved under section
17.21.030(A) & (B).
861
A. Impact Fees
1. No impact fee is required for an ADU that is less than 750 square feet
in size. For purposes of this subsection, "impact fee" means a "fee"
under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under
the Quimby Act (Gov. Code § 66477). "Impact fee" here does not
include any connection fee or capacity charge for water or sewer
service.
2. Any impact fee that is required for an ADU that is 750 square feet or
larger in size must be charged proportionately in relation to the square
footage of the primary dwelling unit. (E.g., the floor area of the ADU,
divided by the floor area of the primary dwelling, times the typical fee
amount charged for a new dwelling.)
B. Utility Fees
1. If an ADU is constructed with a new single-family home, a separate
utility connection directly between the ADU and the utility and payment
of the normal connection fee and capacity charge for a new dwelling
are required.
2. Except as described in subsection (B)(1), converted ADUs on a
single-family lot that are created under section 17.21.030(A), are not
required to have a new or separate utility connection directly between
the ADU and the utility. Nor is a connection fee or capacity charge
required.
3. Except as described in subsection (B)(1), all ADUs that are not
covered by subsection (B) (2) require a new, separate utility
connection directly between the ADU and the utility.
a. The connection is subject to a connection fee or capacity
charge that is proportionate to the burden created by the
ADU based on either the floor area or the number of
drainage-fixture units (DFU) values, as defined by the
Uniform Plumbing Code, upon the water or sewer system.
b. The portion of the fee or charge that is charged by the city
may not exceed the reasonable cost of providing this
service.
17.21.070 Nonconforming Zoning Code Conditions, Building Code
Violations, and Unpermitted Structures
862
A. Generally. The City will not deny an ADU or JADU application due to a
nonconforming zoning condition, building code violation, or unpermitted
structure on the lot that does not present a threat to the public health and
safety and that is not affected by the construction of the ADU or JADU.
B. Unpermitted ADUs constructed before 2018
1. Permit to Legalize. As required by state law, the city may not deny a
permit to legalize an existing but unpermitted ADU that was constructed
before January 1, 2018, if denial is based on either of the following
grounds:
a. The ADU violates applicable building standards, or
b. The ADU does not comply with the state ADU law
(Government Code section 65852.2) or this Chapter.
2. Exceptions:
a. Notwithstanding subsection (B)(1) above, the city may deny a
permit to legalize an existing but unpermitted ADU that was
constructed before January 1, 2018, if the city makes a finding
that correcting a violation is necessary to protect the health
and safety of the public or of occupants of the structure.
b. Subsection (B)(1) above does not apply to a building that is
deemed to be substandard in accordance with California
Health and Safety Code section 17920.
17.21.080 Nonconforming ADUs and Discretionary Approval.
Any proposed ADU or JADU that does not conform to the objective standards set
forth in this Chapter may be allowed by the city with a conditional use permit, in
accordance with the other provisions of this title.
863
Page 1 of 3 22-1456U
CITY OF HERMOSA BEACH
URGENCY ORDINANCE NO. 22-1456U
“AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA AMENDING SECTION 17.04.040 AND
CHAPTER 17.21 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING
TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING
UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. FINDINGS
A.California state law authorizes cities to act by ordinance to provide
for the creation and regulation of accessory dwelling units (“ADUs”) and
junior accessory dwelling units (“JADUs”).
B.In recent years, the California Legislature has approved, and the
Governor has signed into law, a number of bills that, among other things,
amended Government Code sections 65852.2 and 65852.22 to impose
new limits on local authority to regulate ADUs and JADUs.
C.In 2022, the California Legislature approved, and the Governor
signed into law, a new bill (SB 897) that further amends Government Code
sections 65852.2 and 65852.22.
D.SB 897 takes effect January 1, 2023, and if the City’s ADU ordinance
does not comply with the requirements imposed by SB 897 by that date,
the City’s entire existing ADU ordinance becomes null and void as a
matter of law.
E.The City desires to amend its local regulatory scheme for the
construction of ADUs and JADUs to comply with the amended provisions
of Government Code sections 65852.2 and 65852.22.
F.There is a current and immediate threat to the public health, safety,
or welfare based on the passage of SB 897 because if the City’s
ordinance does not comply with the amended laws as of January 1, 2023,
DocuSign Envelope ID: 42606308-D322-4083-B17B-EADDADC4625D
864
Page 2 of 3 22-1456U
and the City’s ADU ordinance becomes null and void, the City would
thereafter be limited to applying the few default standards that are
provided in Government Code sections 65852.2 and 65852.22 for the
approval of ADUs and JADUs.
G.The approval of ADUs and JADUs based solely on the default
statutory standards, without local regulations governing height, setback,
landscape, and architectural review, among other things, would threaten
the character of existing neighborhoods, and negatively impact property
values, personal privacy, and fire safety. These threats to public safety,
health, and welfare justify adoption of this ordinance as an urgency
ordinance to be effective immediately upon adoption by a four-fifths
vote of the City Council.
H.To protect the public safety, health, and welfare, the City Council
may adopt this ordinance as an urgency measure in accordance with
Government Code section 36937, subdivision (b).
SECTION 2. Under California Public Resources Code section 21080.17, the
California Environmental Quality Act (“CEQA”) does not apply to the adoption
of an ordinance by a city or county implementing the provisions of section
65852.2 of the Government Code, which is California’s ADU law and which also
regulates JADUs, as defined by section 65852.22. Therefore, the proposed
ordinance is statutorily exempt from CEQA in that the proposed ordinance
implements the State’s ADU law.
SECTION 3. Section 17.04.040 and Chapter 17.21 of the Hermosa Beach
Municipal Code is hereby amended as provided in Exhibit A, attached hereto
and incorporated herein by reference.
SECTION 6. The City Clerk shall a submit a copy of this ordinance to the
Department of Housing and Community Development within 60 days after
adoption.
SECTION 6. 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 resolution
are severable. The City Council declares that it would have adopted this
resolution irrespective of the invalidity of any portion thereof.
SECTION 7. Urgency Ordinance Effective Date. The City Council finds and declares
that the adoption and implementation of this ordinance is necessary for the
DocuSign Envelope ID: 42606308-D322-4083-B17B-EADDADC4625D
865
Page 3 of 3 22-1456U
immediate preservation and protection of the public peace, health and safety as
detailed above by the City, pursuant to Government Code section 36937. This
ordinance takes effect immediately upon its adoption by at least a 4/5 vote. The City
Clerk shall submit a copy of this ordinance to the Department of Housing and
Community Development within 60 days after adoption.
SECTION 8. Certification. The City Clerk is directed to certify the passage and
adoption of this Ordinance; cause it to be entered into the City’s book of original
ordinances; make a note of the passage and adoption in the records of this
meeting; and, within fifteen (15) days after the passage and adoption of this
Ordinance, cause it to be published or posted in accordance with California law.
PASSED, APPROVED and ADOPTED this 13th day of December 2022.
AYES: Councilmembers Saemann, Francois, Detoy, Mayor Pro Tem
Massey, and Mayor Jackson.
NOES: None.
ABSTAIN: None.
ABSENT: None.
____________________________________________________________
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan
City Clerk City Attorney
DocuSign Envelope ID: 42606308-D322-4083-B17B-EADDADC4625D
866
State of California )
County of Los Angeles ) ss
City of Hermosa Beach )
December 29, 2022
Certification of Council Action
ORDINANCE NO. 22-1456U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH AMENDING SECTION 17.04.040 AND CHAPTER 17.21
OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do
hereby certify that the above and foregoing Ordinance No. 22-1456U was duly
approved and adopted by the City Council of said City at its regular meeting
thereof held via hybrid on the 13th day of December 2022 and passed by the
following vote:
AYES: Mayor Jackson, Mayor Pro Tem Massey, Councilmembers
Saemann, Francois, and Detoy.
NOES: None
ABSTAIN: None
ABSENT: None
________________________________
Myra Maravilla, MPA, CMC
City Clerk
DocuSign Envelope ID: 42606308-D322-4083-B17B-EADDADC4625D
867
Exhibit A
Amended ADU/JADU Regulations
(follows this page)
Supplemental
Information
VIII.a2
DocuSign Envelope ID: 42606308-D322-4083-B17B-EADDADC4625D
868
Section 1. The following provisions of Section 17.04.040 of the Hermosa Beach
Municipal Code is amended to read as follows:
Dwelling unit, accessory or accessory dwelling unit has the same
definition as defined in Chapter 17.21. This definition is applicable only as it
pertains to development and regulation of accessory dwelling units
and/or junior accessory dwelling units.
Dwelling unit, junior accessory or junior accessory dwelling unit has the
same definition as defined in Chapter 17.21. This definition is applicable
only as it pertains to development and regulation of accessory dwelling
units and/or junior accessory dwelling units.
Accessory structure has the same definition as defined in Chapter 17.21.
This definition is applicable only as it pertains to development and
regulation of accessory dwelling units and/or junior accessory dwelling
units.
Complete independent living facilities has the same definition as defined
in Chapter 17.21. This definition is applicable only as it pertains to
development and regulation of accessory dwelling units and/or junior
accessory dwelling units.
Living area has the same definition as defined in Chapter 17.21. This
definition is applicable only as it pertains to development and regulation
of accessory dwelling units and/or junior accessory dwelling units.
Nonconforming zoning condition has the same definition as defined in
Chapter 17.21. This definition is applicable only as it pertains to
development and regulation of accessory dwelling units and/or junior
accessory dwelling units.
Passageway has the same definition as defined in Chapter 17.21. This
definition is applicable only as it pertains to development and regulation
of accessory dwelling units and/or junior accessory dwelling units.
Proposed dwelling has the same definition as defined in Chapter 17.21.
This definition is applicable only as it pertains to development and
regulation of accessory dwelling units and/or junior accessory dwelling
units.
Public transit has the same definition as defined in Chapter 17.21. This
definition is applicable only as it pertains to development and regulation
of accessory dwelling units and/or junior accessory dwelling units.
DocuSign Envelope ID: 42606308-D322-4083-B17B-EADDADC4625D
869
Section 2. Chapter 17.21 of the Hermosa Beach Municipal Code is amended to
read as follows:
17.21.010 Purpose.
The purpose of this section is to allow and regulate accessory dwelling units
(ADUs) and junior accessory dwelling units (JADUs) in compliance with California
Government Code sections 65852.2 and 65852.22.
17.21.020 Effect of Conforming.
An ADU or JADU that conforms to the standards in this section will not be:
A. Deemed to be inconsistent with the city’s general plan and zoning
designation for the lot on which the ADU or JADU is located.
B. Deemed to exceed the allowable density for the lot on which the ADU or
JADU is located.
C. Considered in the application of any local ordinance, policy, or program
to limit residential growth.
D. Required to correct a nonconforming zoning condition. This does not
prevent the city from enforcing compliance with applicable building
standards in accordance with Health and Safety Code section 17980.12.
17.21.025 Definitions
As used in this Chapter, terms are defined as follows:
A. “Accessory dwelling unit” or “ADU” means an attached or a detached
residential dwelling unit that provides complete independent living
facilities for one or more persons and is located on a lot with a proposed
or existing primary residence. An accessory dwelling unit also includes the
following:
1. An efficiency unit, as defined by section 17958.1 of the California
Health and Safety Code; and
2. A manufactured home, as defined by section 18007 of the
California Health and Safety Code.
B. “Accessory structure” means a structure that is accessory and incidental
to a dwelling located on the same lot.
DocuSign Envelope ID: 42606308-D322-4083-B17B-EADDADC4625D
870
C. “Complete independent living facilities” means permanent provisions for
living, sleeping, eating, cooking, and sanitation on the same parcel as the
single-family or multifamily dwelling is or will be situated.
D. “Efficiency kitchen” means a kitchen that includes all of the following:
1. A cooking facility with appliances.
2. A food preparation counter and storage cabinets that are of a
reasonable size in relation to the size of the JADU.
E. “Junior accessory dwelling unit” or “JADU” means a residential unit that
satisfies all of the following:
1. It is no more than 500 square feet in size.
2. It is contained entirely within an existing or proposed single-family
structure. An enclosed use within the residence, such as an
attached garage, is considered to be a part of and contained
within the single-family structure.
3. It includes its own separate sanitation facilities or shares sanitation
facilities with the existing or proposed single-family structure.
4. If the unit does not include its own separate bathroom, then it
contains an interior entrance to the main living area of the existing
or proposed single-family structure in addition to an exterior
entrance that is separate from the main entrance to the primary
dwelling.
5. It includes an efficiency kitchen, as defined above.
F. “Living area” means the interior habitable area of a dwelling unit,
including basements and attics, but does not include a garage or any
accessory structure.
G. “Nonconforming zoning condition” means a physical improvement on a
property that does not conform with current zoning standards.
H. “Passageway” means a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the ADU or JADU.
I. “Proposed dwelling” means a dwelling that is the subject of a permit
application and that meets the requirements for permitting.
J. “Public transit” means a location, including, but not limited to, a bus stop
or train station, where the public may access buses, trains, subways, and
other forms of transportation that charge set fares, run on fixed routes,
and are available to the public.
K. “Tandem parking” means that two or more automobiles are parked on a
driveway or in any other location on a lot, lined up behind one another.
DocuSign Envelope ID: 42606308-D322-4083-B17B-EADDADC4625D
871
17.21.030 Approval of ADUs and JADUs
The following approvals apply to ADUs and JADUs under this Chapter:
A. Building-permit Only. If an ADU or JADU complies with each of the general
requirements in section 17.21.040 below, it is allowed with only a building
permit in the following scenarios:
1. Converted on Single-family Lot: One ADU as described in this
subsection (A)(1) and one JADU on a lot with a proposed or existing
single-family dwelling on it, where the ADU or JADU:
a. Is either: within the space of a proposed single-family
dwelling; within the existing space of an existing single-family
dwelling; or (in the case of an ADU only) within the existing
space of an accessory structure, plus up to 150 additional
square feet if the expansion is limited to accommodating
ingress and egress; and
b. Has exterior access that is independent of that for the
single-family dwelling; and
c. Has side and rear setbacks sufficient for fire and safety,
as dictated by applicable building and fire codes.
d. The JADU complies with the requirements of
Government Code Section 65852.22.
2. Limited Detached on Single-family Lot: One detached, new-
construction ADU on a lot with a proposed or existing single-family
dwelling (in addition to any JADU that might otherwise be
established on the lot under subsection (A)(1) above), if the
detached ADU satisfies each of the following limitations:
a. The side- and rear-yard setbacks are at least four feet.
b. The total floor area is 800 square feet or smaller.
c. The peak height above grade does not exceed the
applicable height limit in 17.21.040 (B) below.
3. Converted on Multifamily Lot: One or more ADUs within portions of
existing multifamily dwelling structures that are not used as livable
space, including but not limited to storage rooms, boiler rooms,
passageways, attics, basements, or garages, if each converted
ADU complies with state building standards for dwellings. Under this
subsection, at least one converted ADU is allowed within an existing
multifamily dwelling, up to a quantity equal to 25 percent of the
existing multifamily dwelling units.
DocuSign Envelope ID: 42606308-D322-4083-B17B-EADDADC4625D
872
4. Limited Detached on Multifamily Lot: No more than two detached
ADUs on a lot that has an existing or proposed multifamily dwelling if
each detached ADU satisfies both of the following limitations:
a. The side- and rear-yard setbacks are at least four feet.
If the existing multifamily dwelling has a rear or side yard
setback of less than four feet, the city will not require any
modification to the multifamily dwelling as a condition of
approving the ADU.
b. The peak height above grade does not exceed the
applicable height limit provided in 17.21.040 (B) below.
B. ADU Permit.
1. Except as allowed under section 17.21.030 (A), no ADU may be
created without a building permit and an ADU permit in
compliance with the standards set forth in sections 17.21.040 and
17.21.050.
2. The city may charge a fee to reimburse it for costs incurred in
processing ADU permits, including the costs of adopting or
amending the city’s ADU ordinance. The ADU-permit processing fee
is determined by the community development director and
approved by the city council by resolution.
C. Process and Timing
1. An ADU permit is considered and approved ministerially, without
discretionary review or a hearing.
2. The city must approve or deny an application to create an ADU or
JADU within 60 days from the date that the city receives a
completed application. If the city has not approved or denied the
completed application within 60 days, the application is deemed
approved unless either:
a. The applicant requests a delay, in which case the 60-
day time period is tolled for the period of the requested
delay, or
b. When an application to create an ADU or JADU is
submitted with a permit application to create a new single-
family or multifamily dwelling on the lot, the city may delay
acting on the permit application for the ADU or JADU until the
city acts on the permit application to create the new single-
family or multifamily dwelling, but the application to create
DocuSign Envelope ID: 42606308-D322-4083-B17B-EADDADC4625D
873
the ADU or JADU will still be considered ministerially without
discretionary review or a hearing.
3. If the city denies an application to create an ADU or JADU, the city
must provide the applicant with comments that include, among
other things, a list of all the defective or deficient items and a
description of how the application may be remedied by the
applicant. Notice of the denial and corresponding comments must
be provided to the applicant within the 60-day time period
established by subsection (C)(2) above.
4. A demolition permit for a detached garage that is to be replaced
with an ADU is reviewed with the application for the ADU and issued
at the same time.
17.21.040 General ADU and JADU Requirements and Development Standards
The following requirements apply to all ADUs and JADUs that are approved
under section 17.21.030(A) & (B)above.
A. Zoning
1. An ADU or JADU subject to a building permit under section
17.21.030(A) may be created on a lot in a residential or mixed-use
zone.
2. An ADU or JADU subject to an ADU permit under section
17.21.030(B) may be created on a lot that is zoned to allow single-
family dwelling residential use or multifamily dwelling residential use.
B. Height
1. Except as otherwise provided by subsections (B)(2) and (B)(3)
below, a detached ADU created on a lot with an existing or
proposed single family or multifamily dwelling unit may not exceed
16 feet in height.
2. A detached ADU may be up to 18 feet in height if it is created on a
lot with an existing or proposed single family or multifamily dwelling
unit that is located within one-half mile walking distance of a major
transit stop or a high quality transit corridor, as those terms are
defined in Section 21155 of the Public Resources Code, and the
ADU may be up to two additional feet in height (for a maximum of
20 feet) if necessary to accommodate a roof pitch on the ADU that
is aligned with the roof pitch of the primary dwelling unit.
DocuSign Envelope ID: 42606308-D322-4083-B17B-EADDADC4625D
874
3. A detached ADU created on a lot with an existing or proposed
multifamily dwelling that has more than one story above grade may
not exceed 18 feet in height.
4. An ADU that is attached to the primary dwelling may not exceed 25
feet in height or the height limitation imposed by the underlying
zone that applies to the primary dwelling, whichever is lower.
Notwithstanding the foregoing, ADUs subject to this subsection may
not exceed two stories.
5. For purposes of this subsection, height is measured above existing
legal grade to the peak of the structure.
C. Fire Sprinklers
1. Fire sprinklers are required in an ADU if sprinklers are required in the
primary residence.
2. The construction of an ADU does not trigger a requirement for fire
sprinklers to be installed in the existing primary dwelling.
D. Rental Term. No ADU or JADU may be rented for a term that is shorter than
30 days. This prohibition applies regardless of when the ADU or JADU was
created.
E. No Separate Conveyance. An ADU or JADU may be rented, but, except
as otherwise provided in Government Code Section 65852.26, no ADU or
JADU may be sold or otherwise conveyed separately from the lot and the
primary dwelling (in the case of a single-family lot) or from the lot and all
of the dwellings (in the case of a multifamily lot).
F. Roof Deck. Roof decks shall not be permitted on an ADU or JADU.
G. Owner Occupancy
1. An ADU that is permitted after January 1, 2020, but before January
1, 2025, is not subject to any owner-occupancy requirement.
2. Unless applicable law requires otherwise, all ADUs that are
permitted on or after January 1, 2025 are subject to an owner-
occupancy requirement. A natural person with legal or equitable
title to the property must reside on the property as the person’s
legal domicile and permanent residence.
DocuSign Envelope ID: 42606308-D322-4083-B17B-EADDADC4625D
875
3. As required by state law, all JADUs are subject to an owner-
occupancy requirement. A natural person with legal or equitable
title to the property must reside on the property, in either the
primary dwelling or JADU, as the person’s legal domicile and
permanent residence. However, the owner-occupancy
requirement in this subsection does not apply if the property is
entirely owned by another governmental agency, land trust, or
housing organization.
H. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU,
a deed restriction must be recorded against the title of the property in the
County Recorder’s office and a copy filed with the community
development director. The deed restriction must run with the land and
bind all future owners. The form of the deed restriction will be provided by
the city and must provide that:
1. Except otherwise provided in Government Code Section 65852.26,
the ADU or JADU may not be sold separately from the primary
dwelling.
2. The ADU or JADU is restricted to the approved size and to other
attributes allowed by this section.
3. The deed restriction runs with the land and may be enforced
against future property owners.
4. The deed restriction may be removed if the owner eliminates the
ADU or JADU, as evidenced by, for example, removal of the kitchen
facilities. To remove the deed restriction, an owner may make a
written request of the Director, providing evidence that the ADU or
JADU has in fact been eliminated. The Director may then determine
whether the evidence supports the claim that the ADU or JADU has
been eliminated. Appeal may be taken from the Director’s
determination consistent with other provisions of this Code. If the
ADU or JADU is not entirely physically removed, but is only
eliminated by virtue of having a necessary component of an ADU
or JADU removed, the remaining structure and improvements must
otherwise comply with applicable provisions of this Code.
5. The deed restriction is enforceable by the director or his or her
designee for the benefit of the city. Failure of the property owner to
comply with the deed restriction may result in legal action against
the property owner, and the city is authorized to obtain any remedy
DocuSign Envelope ID: 42606308-D322-4083-B17B-EADDADC4625D
876
available to it at law or equity, including, but not limited to,
obtaining an injunction enjoining the use of the ADU or JADU in
violation of the recorded restrictions or abatement of the illegal unit.
I. Building & Safety
1. Must comply with building code. Subject to subsection (I)(2), all
ADUs and JADUs must comply with all local building code
requirements.
2. No change of occupancy. Construction of an ADU does not
constitute a Group R occupancy change under the local building
code, as described in Section 310 of the California Building Code,
unless the building official or Code Enforcement Division officer
makes a written finding based on substantial evidence in the record
that the construction of the ADU could have a specific, adverse
impact on public health and safety. Nothing in this subsection
prevents the city from changing the occupancy code of a space
that was uninhabitable space or that was only permitted for
nonresidential use and was subsequently converted for residential
use in accordance with this section.
17.21.050 Specific Requirements for ADU Permit
In addition to the requirements in Section 17.21.040, the following requirement
apply to ADUs that require an ADU permit under section 17.21.030(B).
A. Maximum Size
1. The maximum size of a detached or attached ADU subject to this
section is 850 square feet for a studio or one-bedroom unit and
1,000 square feet for a unit with two or more bedrooms.
2. An attached ADU that is created on a lot with an existing primary
dwelling is further limited to 50 percent of the floor area of the
existing primary dwelling.
3. Application of other development standards in this section or any
other section, might further limit the size of the ADU, but no
application of the percent-based size limit in this section or other
section may require the ADU to be less than 800 square feet.
B. Setbacks
DocuSign Envelope ID: 42606308-D322-4083-B17B-EADDADC4625D
877
1. An ADU that is subject to this section must conform to a 25-foot
front-yard setback, subject to subsection (A) above.
2. An ADU that is subject to this section must conform to 4-foot side-
and rear-yard setbacks.
3. No setback is required for an ADU that is subject to this section if the
ADU is constructed in the same location and to the same
dimensions as an existing structure.
C. Lot Coverage. No ADU subject to this section may cause the total lot
coverage to exceed whatever applicable standard exists based on the
zone in which it is was located subject to subsection (A) above.
D. Open Space. Unless restricted pursuant to other state or local law, the
property in which the ADU is located upon shall comply with the open
space requirements of the base zone subject to subsection (A) above.
E. Passageway. No passageway is required for an ADU.
F. Parking.
1. Generally. One off-street parking space is required for each ADU.
The parking space may be provided in setback areas or as tandem
parking.
2. Exceptions. No parking under this subsection (F) is required in the
following situations:
a. The ADU is located within one-half mile walking
distance of public transit.
b. The ADU is located within an architecturally and
historically significant historic district.
c. The ADU is part of the proposed or existing primary
residence or an accessory structure under section
17.21.030(A)(1).
d. When on-street parking permits are required but not
offered to the occupant of the ADU.
e. When there is an established car share vehicle stop
located within one block of the ADU.
f. When the permit application to create an ADU is submitted
with an application to create a new single-family or new
multifamily dwelling on the same lot, provided that the ADU
or the lot satisfies any other criteria listed in this subsection (2).
DocuSign Envelope ID: 42606308-D322-4083-B17B-EADDADC4625D
878
3. No Replacement. When a garage, carport, or covered parking
structure is demolished in conjunction with the construction of an
ADU or converted to an ADU, those off-street parking spaces are
not required to be replaced.
G. Architectural Requirements
1. The materials and colors of the exterior walls, roof, and windows
and doors must match the appearance and architectural design of
those of the primary dwelling.
2. The roof slope must match that of the dominant roof slope of the
primary dwelling. The dominant roof slope is the slope shared by the
largest portion of the roof.
3. The exterior lighting must be limited to down-lights or as otherwise
required by the building or fire code.
4. The ADU must have an independent exterior entrance, apart from
that of the primary dwelling.
5. The interior horizontal dimensions of an ADU must be at least 10 feet
wide in every direction, with a minimum interior wall height of seven
feet.
6. Windows and doors of the ADU may not have a direct line of sight
to an adjoining residential property. Fencing, landscaping, or
privacy glass may be used to provide screening and prevent a
direct line of sight.
7. All windows and doors in an ADU are less than 30 feet from a
property line that is not a public right-of-way line must either be (for
windows) clerestory with the bottom of the glass at least six feet
above the finished floor, or (for windows and for doors) utilize frosted
or obscure glass.
H. Historical Protections. An ADU that is on or within 600 feet of real property
that is listed in the California Register of Historic Resources must be located
so as to not be visible from any public right-of-way.
17.21.060 Fees
The following requirements apply to all ADUs that are approved under section
17.21.030(A) & (B).
DocuSign Envelope ID: 42606308-D322-4083-B17B-EADDADC4625D
879
A. Impact Fees
1. No impact fee is required for an ADU that is less than 750 square
feet in size. For purposes of this subsection, “impact fee” means a
“fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a
fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here
does not include any connection fee or capacity charge for water
or sewer service.
2. Any impact fee that is required for an ADU that is 750 square feet or
larger in size must be charged proportionately in relation to the
square footage of the primary dwelling unit. (E.g., the floor area of
the ADU, divided by the floor area of the primary dwelling, times
the typical fee amount charged for a new dwelling.)
B. Utility Fees
1. If an ADU is constructed with a new single-family home, a separate
utility connection directly between the ADU and the utility and
payment of the normal connection fee and capacity charge for a
new dwelling are required.
2. Except as described in subsection (B)(1), converted ADUs on a
single-family lot that are created under section 17.21.030(A), are
not required to have a new or separate utility connection directly
between the ADU and the utility. Nor is a connection fee or
capacity charge required.
3. Except as described in subsection (B)(1), all ADUs that are not
covered by subsection (B)(2) require a new, separate utility
connection directly between the ADU and the utility.
i. The connection is subject to a connection fee or capacity
charge that is proportionate to the burden created by the
ADU based on either the floor area or the number of
drainage-fixture units (DFU) values, as defined by the Uniform
Plumbing Code, upon the water or sewer system.
ii. The portion of the fee or charge that is charged by the city
may not exceed the reasonable cost of providing this
service.
17.21.070 Nonconforming Zoning Code Conditions, Building Code Violations,
and Unpermitted Structures
DocuSign Envelope ID: 42606308-D322-4083-B17B-EADDADC4625D
880
A. Generally. The City will not deny an ADU or JADU application due to a
nonconforming zoning condition, building code violation, or unpermitted
structure on the lot that does not present a threat to the public health and
safety and that is not affected by the construction of the ADU or JADU.
B. Unpermitted ADUs constructed before 2018
1. Permit to Legalize. As required by state law, the city may not deny a
permit to legalize an existing but unpermitted ADU that was
constructed before January 1, 2018, if denial is based on either of
the following grounds:
i. The ADU violates applicable building standards, or
ii. The ADU does not comply with the state ADU law
(Government Code section 65852.2) or this Chapter.
2. Exceptions:
i. Notwithstanding subsection (B)(1) above, the city may deny
a permit to legalize an existing but unpermitted ADU that was
constructed before January 1, 2018, if the city makes a
finding that correcting a violation is necessary to protect the
health and safety of the public or of occupants of the
structure.
ii. Subsection (B)(1) above does not apply to a building that is
deemed to be substandard in accordance with California
Health and Safety Code section 17920.
17.21.080 Nonconforming ADUs and Discretionary Approval.
Any proposed ADU or JADU that does not conform to the objective standards
set forth in this Chapter may be allowed by the city with a conditional use
permit, in accordance with the other provisions of this title.
DocuSign Envelope ID: 42606308-D322-4083-B17B-EADDADC4625D
881
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, June 13, 2023 to consider the following:
AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING CHAPTER 17.21 (ACCESSORY
DWELLING UNITS) OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THAT THE
PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
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
882
883
884
885
886
887
888
City Hall
1315 Valley Drive
Hermosa Beach, CA
90254
City of Hermosa Beach
Meeting Minutes
Planning Commission
Chair
Stephen Izant
Vice Chair
Peter Hoffman
Commissioners
Marie Rice
David Pedersen
Jonathan Wicks
7:00 PM Council Chambers (In-Person/Virtual)Tuesday, May 16, 2023
I. CALL TO ORDER
The meeting was called to order by Chair Stephen Izant at 7:00 PM.
II. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Commissioner Wicks.
III. ROLL CALL
Present: 5 - Commissioner Pedersen, Chair Izant, Vice Chair Hoffman,
Commissioner Rice, Commissioner Wicks
Absent: 0
Assistant Planner Johnathon Masi announced a quorum.
All Planning Commissioners attended in-person in the Council Chambers except
Commissioner Pedersen, who attended virtually.
Staff present:
Carrie Tai, Community Development Director
Patrick Donegan, City Attorney
Stefanie Edmonson, Interim Senior Planner
Maricela Guillean, Associate Planner
Johnathon Masi, Assistant Planner
Melanie Bristow, Administrative Assistant
Joe SanClemente, Public Works Director
Dorothy Scheid, Police Captain
IV. PUBLIC PARTICIPATION -- ORAL AND WRITTEN COMMUNICATIONS
Page 1City of Hermosa Beach Printed on 5/18/2023
889
May 16, 2023Planning Commission Meeting Minutes
The following people provided public comment:
1. Ty Renner (in-person)
2. Kelly Douglas (in-person)
3. Dr. Abbey Gaske (virtually)
a.WRITTEN COMMUNICATION
(Administrative Assistant Melanie Bristow)
Motion by Commissioner Rice and seconded by Vice Chair Hoffman to receive
and file the written communication. Motion carried as follows:
Aye: 5 - Commissioner Pedersen, Chair Izant, Vice Chair Hoffman,
Commissioner Rice, Commissioner Wicks
Nay: 0
V. CONSENT CALENDAR
a.ACTION MINUTES OF THE PLANNING COMMISSION
SPECIAL MEETING OF MARCH 9, 2023 AND
REGULAR MEETING OF MARCH 21, 2023
(Administrative Assistant Melanie Bristow)
Motion by Vice Chair Hoffman and seconded by Commissioner Wicks to receive
and file the action minutes of the Planning Commission special meeting of March
9, 2023 and regular meeting of March 21, 2023 as presented. Motion carried as
follows:
Aye: 5 - Commissioner Pedersen, Chair Izant, Vice Chair Hoffman,
Commissioner Rice, Commissioner Wicks
Nay: 0
VI. MUNICIPAL MATTER
a.Review of Fiscal Year 2023-2024
Capital Improvement Program (CIP)
for Conformance with the City’s General Plan
Interim Senior Planner Stefanie Edmondson provided a presentation for this
item.
Vice Chair Hoffman provided comments.
Commissioner Rice provided comments.
Commissioner Pedersen provided comments.
Motion by Vice Chair Hoffman and seconded by Commissioner Rice to determine
by minute order that the City of Hermosa Beach Fiscal Year 2023-24 Capital
Improvement Program (CIP) is in conformity with the goals and policies of the
City’s General Plan (PLAN Hermosa). Motion carried as follows:
Aye: 5 - Commissioner Pedersen, Chair Izant, Vice Chair Hoffman,
Page 2City of Hermosa Beach Printed on 5/18/2023
890
May 16, 2023Planning Commission Meeting Minutes
Commissioner Rice, Commissioner Wicks
Nay: 0
b.DISCUSSION OF ALCOHOL-RELATED VIOLATIONS AT AKA SUSHI
LOCATED AT 1121 AVIATION BOULEVARD
(Community Development Director Carrie Tai)
Community Development Director Carrie Tai provided a staff report for this item.
Police Captain Dorothy Scheid provided comments.
Commissioner Pedersen provided comments.
Commissioner Wicks provided comments.
Police Captain Dorothy Scheid provided comments.
The following people provided public comment:
1. Edward Song (in-person)
Vice Chair Hoffman provided comments.
Commissioner Rice provided comments.
Community Development Director Carrie Tai provided comments.
Commissioner Rice provided comments.
Commissioner Wicks provided comments.
Commissioner Pedersen provided comments.
Chair Izant provided comments.
Motion by Vice Chair Hoffman and seconded by Commissioner Wicks to bring this
item back to the Planning Commission as a public hearing for a review of the
Conditional Use Permit for AKA Sushi, an existing restaurant with on-site alcohol
consumption at 1121 Aviation Boulevard. Motion carried as follows:
Aye: 5 - Commissioner Pedersen, Chair Izant, Vice Chair Hoffman,
Commissioner Rice, Commissioner Wicks
Nay: 0
VII. PUBLIC HEARING
a.TA23-01 ZONE TEXT AMENDMENT AND ORDINANCE TO AMEND THE
HERMOSA BEACH MUNICIPAL CODE CHAPTER 17.21 REGARDING
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND A DETERMINATION THAT THE PROJECT IS
Page 3City of Hermosa Beach Printed on 5/18/2023
891
May 16, 2023Planning Commission Meeting Minutes
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA).
(Associate Planner Maricela Guillean)
Associate Planner Maricela Guillean provided a staff report and presentation for
this item.
Vice Chair Hoffman provided comments.
Associate Planner Maricela Guillean provided comments.
Commissioner Rice provided comments.
Community Development Director Carrie Tai provided comments.
City Attorney Patrick Donegan provided comments.
Commissioner Pedersen provided comments.
Community Development Director Carrie Tai provided comments.
Commissioner Pedersen provided comments.
Vice Chair Hoffman provided comments.
There were no public comments for this item.
Commissioner Rice provided comments.
Chair Izant provided comments.
Community Development Director Carrie Tai provided comments.
Commissioner Rice provided comments.
Commissioner Pedersen provided comments.
Commissioner Wicks provided comments.
City Attorney Donegan provided comments.
Motion by Vice Chair Hoffman and seconded by Commissioner Rice to
recommend that City Council approve a zone text amendment for section
17.21.040(B)(4) and (B)(5) regarding height. Motion carried as follows:
Aye: 5 - Commissioner Pedersen, Chair Izant, Vice Chair Hoffman,
Commissioner Rice, Commissioner Wicks
Nay: 0
Page 4City of Hermosa Beach Printed on 5/18/2023
892
May 16, 2023Planning Commission Meeting Minutes
Motion by Commissioner Wicks and seconded by Vice Chair Hoffman to
recommend that City Council approve a zone text amendment for section
17.21.030(A) regarding ADUs and JADUs. Motion carried as follows:
Aye: 4 - Chair Izant, Vice Chair Hoffman, Commissioner Rice, Commissioner
Wicks
Nay: 1 - Commissioner Pedersen
Motion by Commissioner Rice and seconded by Commissioner Pedersen to
recommend that City Coucil deny staff recommendation and keep the current
prohibition on roof top decks for ADUs in 17.21.040(F). Motion carried as follows:
Aye: 3 - Chair Izant, Commissioner Rice, Commissioner Pedersen
Nay: 2 - Vice Chair Hoffman, Commissioner Wicks
VIII. STAFF ITEMS
a. VERBAL REPORT ON CITY COUNCIL ACTIONS
Community Development Director Tai reported that at the last City Council
meeting, staff provided information on regulations pertaining to wireless
communication facilities.
b. STATUS REPORT ON MAJOR PLANNING PROJECTS
Community Development Director Tai commented that the Housing Element draft
is expected to be ready for review in June or July.
c.PLANNING COMMISSION TENTATIVE FUTURE AGENDA
(Administrative Assistant Melanie Bristow)
Director Tai commented that a condominium project is coming up on the June
agenda as well as a public hearing for AKA Sushi.
Motion by Vice Chair Hoffman and seconded by Commissioner Rice to receive
and file the June 20, 2023 Planning Commission tentative future agenda. Motion
carried as follows:
Aye: 5 - Commissioner Pedersen, Chair Izant, Vice Chair Hoffman,
Commissioner Rice, Commissioner Wicks
Nay: 0
IX. COMMISSIONER ITEMS
a. PLANNING COMMISSION COMMENTS
b. FUTURE AGENDA ITEMS
Commissioner Wicks provided comments.
Page 5City of Hermosa Beach Printed on 5/18/2023
893
May 16, 2023Planning Commission Meeting Minutes
City Attorney Donegan provided comments.
Commissioner Wicks provided comments.
Community Development Director Tai provided comments.
X. ADJOURNMENT
Motion by Vice Chair Hoffman and seconded by Commissioner Rice to adjourn
the meeting until the next meeting of the Planning Commission on Tuesday,
June 20, 2023 at 7:00 PM. Motion carried as follows:
Aye: 5 - Commissioner Pedersen, Chair Izant, Vice Chair Hoffman,
Commissioner Rice, Commissioner Wicks
Nay: 0
The meeting was adjourned by Chair Izant at 8:40 PM.
Page 6City of Hermosa Beach Printed on 5/18/2023
894
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0364
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
APPROVAL OF NEW 2023 IMPACT LEVEL II SPECIAL EVENT
(Community Resources Manager Lisa Nichols)
Recommended Action:
Staff recommends City Council:
1.Approve a new Impact Level II special event,the Kevin Sousa Celebration of Life,on Pier
Plaza and the Beach south of the Pier (in and out of the water)on Sunday,June 25,2023 on
the 2023 Special Events Calendar;
2.Reschedule one of the two “Nothing Weekends”on the 2023 Special Events Calendar as
proposed in the Staff Report; and
3.Approve staff recommendation for the City to serve as a supporting partner for the event,
resulting in a fee-waiver of indirect costs.
Executive Summary:
The City of Hermosa Beach is a tight-knit,small community.Due to the loss of valued member of the
community,a cultural icon and community servant,a request for a Celebration of Life has been made that
would take place on public property.Pursuant to the Special Events Policy Guide,the Community
Resources Department is tasked with overseeing event requests and permits on public property.
Background:
The Special Events Policy Guide (Attachment 1)serves as a comprehensive document for event producers
with information on the review and approval process,applicable fees,policies,and Hermosa Beach Municipal
Code chapters and sections pertaining to special events.Special events are evaluated based on several factors,
and are categorized as either Impact Level I,II,or III using the Impact Characteristics Matrix in the Special
Events Policy Guide.The matrix considers event characteristics to determine the Impact Level such as:the total
estimated attendance;the event location;the day and season in which the event would take place;the total
number of consecutive event days;and special requests such as reserved parking,amplified sound,etc.The
impact level of the event is then used to determine the deadline for application submittal,and the level of
review and approval required (City staff,Commission,and/or City Council)for the event.Impact Level III
events,which are events with the largest impact to the City,and new events require approval by City Council.
Impact Level II events require approval by the Parks,Recreation and Community Resources Advisory
City of Hermosa Beach Printed on 6/8/2023Page 1 of 5
powered by Legistar™895
Staff Report
REPORT 23-0364
Commission (Commission) and Impact Level I events are approved by staff.
Special Event Application deadlines are as follows:
·New events:If the new event is an Impact Level I or II,the application must be submitted at
least 90 days in advance of the event.If the new event is an Impact Level III,the application
must be submitted no later than July 30 for the following calendar year.
·Returning Impact Level III events:Must be submitted no later than July 30 for the following
calendar year.
·Returning Impact Level II events:Must be submitted at least ninety (90)days in advance of
the event.
·Returning Level I events: Must be submitted at least thirty (30) days in advance of the event.
At the discretion of the Community Resources Manager,special event applications may be submitted for
consideration after the application submittal deadline has passed, provided:
·there are unforeseeable circumstances (memorial service,team victory celebration,need for minimal
marketing/advertising);
·the event does not exceed peak season event limits; and
·the event can still meet all the event approval findings.
Discussion:
Staff received a new Impact Level Il Special Event Application on Thursday,June 1,2023 for the
Kevin Sousa Celebration of Life proposed to be held on Sunday,June 25,2023.The celebration
would include live music and speeches on a stage on Pier Plaza and a paddle out on the Beach
south of Pier (in and out of the water).An event overview sheet containing additional event details
and a corresponding site plan is included as Attachment 2.The new Impact Level II special event
recommended for approval is included on the 2023 Special Events Calendar (Attachment 3).
While this request does not comply with the 90-day advance timeline,staff recommends Council
approve the Kevin Sousa Celebration of Life.The Special Events Policy Guide allows the Community
Resources Manager to consider late applications for events with unforeseeable circumstances,such
as a memorial service,that do not exceed peak season event limits and can meet all the event
approval findings.While new events traditionally require review by the Commission prior to City
Council review,the timing of the application submittal and limited timeframe available for processing
the event request prior to the requested event date did not allow adequate time for staff to present
the event request for Commission review or to meet the formal public noticing requirements for a
City of Hermosa Beach Printed on 6/8/2023Page 2 of 5
powered by Legistar™896
Staff Report
REPORT 23-0364
the event request for Commission review or to meet the formal public noticing requirements for a
public hearing.
The requested event date of Sunday,June 25 for the Kevin Sousa Celebration of Life falls on one of
two designated “Nothing Weekends”on the 2023 Special Events Calendar-Saturday,June 24 and
Sunday,June 25.Consistent with the Special Events Policy Guide,a “Nothing Weekend”is
scheduled to provide at least one weekend annually to the community where events do not take
place within the peak season.The peak season is from Memorial Day to Labor Day.Similar to
Commission and City Council actions during the development of the 2020,2021,and 2022 calendar,
two “Nothing Weekends” were selected on the 2023 Special Events Calendar.
Staff recommends City Council consider rescheduling the “Nothing Weekend”on Saturday,June 24
to Sunday,June 25 to the weekend before,Saturday,June 17 to Sunday,June 18,which would allow
the Kevin Sousa Celebration of Life to take place on the requested date of Sunday,June 25.The
event producer shared that the requested date would be most ideal as it falls on a weekend when
most of Kevin Sousa’s friends and family members would be local and available to attend the event
and would provide an adequate amount of time for the event producer to prepare and plan for the
event.
Staff recommends City Council approve the City serving as a supporting partner for the event,
resulting in a fee waiver of indirect costs,because the primary purpose of this event is for public
benefit,celebrating the life of a cultural icon and community servant,and not for profit.The event would
provide the South Bay community an opportunity to commemorate the life and legacy of Hermosa
Beach resident,Kevin Sousa.The event producer has expressed concern regarding the applicable
event fees and the financial feasibility of holding the event if all the applicable event fees were to be
charged.If City Council approves staff recommendation,the proposed fees to be waived and
estimated fees payable to the City for the Kevin Sousa Celebration of Life,would be as listed in Table
1 below.
Table 1: Kevin Sousa Celebration of Life Event Fees
Indirect Costs (Proposed Fee Waivers)
Fee Cost Calculation Total
Category II (south of
Pier)
$3,169 per
event day
$3,169 x 1event days $3,169
Pier Plaza Use $13,272 per
event day
$13,272 x 1 event day $13,272
Proposed Fee Waiver Total:$16,441
Direct Costs (Payable to the City)
Fee Cost Calculation Total
Application $664 -$664
Amplified Sound
Permit
$195 -$195
Direct Costs Total:$859*
City of Hermosa Beach Printed on 6/8/2023Page 3 of 5
powered by Legistar™897
Staff Report
REPORT 23-0364
Indirect Costs (Proposed Fee Waivers)Fee Cost Calculation TotalCategory II (south ofPier)$3,169 perevent day $3,169 x 1event days $3,169
Pier Plaza Use $13,272 per
event day
$13,272 x 1 event day $13,272
Proposed Fee Waiver Total:$16,441
Direct Costs (Payable to the City)
Fee Cost Calculation Total
Application $664 -$664
Amplified Sound
Permit
$195 -$195
Direct Costs Total:$859*
*Additional fees may apply due to required staffing and/or services from the City of Hermosa Beach’s
Building Division,Community Resources Department,Public Works Department and the Los Angeles
County Fire Department
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 5. Small beach town character is reflected throughout Hermosa Beach.
Policy:
•5.7 Visitor and resident balance.Recognizing the desire and need to balance visitor-serving
and local-serving uses as a key to preserving character and the economic vitality of the
community.
Parks and Open Space Element
Goal 3. Community parks and facilities encourage social activity and interaction.
Policies:
•3.1 Community-friendly events.Encourage,permit,and support community group,nonprofit,
or business organized events on City property that support physical activity,beach culture,and
family-friendly social interactions.
•3.2 Social and cultural events.Design and program parks and open space to accommodate
unique social and cultural events to foster connectedness and interaction.
Goal 7.The beach offers high quality recreational opportunities and amenities desired by the
community.
Policies:
•7.3 Recreational asset.Consider and treat the beach as a recreational asset and never as a
commercial enterprise.
•7.5 Designated recreational uses.Continually evaluate and explore devoting certain portions
of the beach to different preferred recreational uses while providing access for all users and
meeting the recreation needs of visitors and residents.
City of Hermosa Beach Printed on 6/8/2023Page 4 of 5
powered by Legistar™898
Staff Report
REPORT 23-0364
Fiscal Impact:
If approved, estimated event revenue would be approximately $859 and the fee waiver total would be
$16,441.
Attachments:
1.Special Events Policy Guide
2.Kevin Sousa Celebration of Life Event Overview Sheet
3.2023 Special Events Calendar
Respectfully Submitted by: Lisa Nichols, Community 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 6/8/2023Page 5 of 5
powered by Legistar™899
HERMOSA BEACH
SPECIAL EVENTS POLICY GUIDE
900
1
This policy guide has been developed to clarify and carry out the City’s mission statement related to special
events that occur on outdoor public spaces within the community.
Cover Image: Hermosa Beach Murals Project - John Van Hamersveld
Mission Statement
Hermosa Beach strives to offer a safe and enjoyable environment for special
events to take place in a way that balances resident and visitor needs. Special
events in Hermosa Beach are celebrated for being community-friendly,
enhancing local beach culture, and offering a myriad of benefits to the local
community. The City of Hermosa Beach* works collaboratively with event
operators in an efficient and clear manner to process and carry out permits in
compliance with this policy.
* “City of Hermosa Beach” collectively refers to City staff, Parks, Recreation and Community Resources Advisory
Commission, City Manager, and City Council.
City Contact Information
The City of Hermosa Beach Department of Community Resources is available to assist and
answer any questions related to the special events process:
Website: www.hermosabeach.gov
Phone: (310) 318-0280
Email: hbconnect@hermosabeach.gov
Address: 710 Pier Avenue, Hermosa Beach, CA 90254
901
2
Table of Contents
General Information + Frequently Asked Questions.......................................................................................3
When is a special event permit required?
How do I apply for a special event permit?
Are private events allowed?
What is the “Nothing Weekend”?
How will this policy be enforced?
Where are special events allowed?
Use Classification + Impact Characteristics……………………………………………….…...…………………5
Impact Characteristics Matrix
Pass-Through Events
Pier Plaza Promotions
Approval Guidelines + Requirements……………………………………………………………………….…….6
Event Approval Findings
Application Submittal Deadlines and Approval Process
Peak Season Event Limits
Simultaneous Use of North and South Volleyball Courts
Pre/Post Event Meetings
Accessibility Plan
Site Plan, Equipment, and Signage
Amplified Sound
Food, Beverage, or Merchandise Sales
Professional Filming
Security
Insurance
Event Day Expectations
Applicable Fees…………………………………………………………………………………….……………10
Current Fee Schedule
Application Fees
Special event permit Fee
Additional Fees
Damage Deposit
Refund/Cancellation Policy
Compliance…...…………………………………………………………………………………………...……12
Environmental Requirements
Applicable Codes + Regulations
Fee Waivers…...…………………………………………………………………………….…………...………13
Funding Limits
Eligibility
Approval
Obligations
Disqualification
Long-term Agreements………………………………………………………………………………..…………14
Eligibility
Term Limits
Procedures
Obligations
902
3
General Information + Frequently Asked Questions
When is a special event permit required?
Any organized event, activity, celebration, or function involving the use of the beach at which one hundred or
more persons are to be assembled, or use of outdoor city facilities, rights-of-way, or parkland at which twenty-
five or more persons are to be assembled, requires a special event permit. Additionally, a special event permit
shall be required for any commercial or non-profit group requesting use of any outdoor city facilities, rights-of-
way, or parkland within the city.
How do I apply for a special event permit?
Applications for special events must be submitted using the online form on the City of Hermosa Beach website
and questions may be directed toward the Department of Community Resources.
Are private events allowed?
All events located on the beach within the commercial zone, the Pier, or Pier Plaza must be open to
spectators/general public free of charge. Participant entry fees are permissible.
What is the “Nothing Weekend”?
On at least one weekend during each summer season, the Parks, Recreation and Community Resources
Advisory Commission will recommend no special event permits be issued. This means that any application for a
special event permit that coincides with the designated “Nothing Weekend” will be asked to change dates for
the event to be considered.
How will this policy be enforced?
The special events policy will be strictly enforced by Community Resources Department, Code Enforcement
Officers, and the Police Department. Events, either permitted or unpermitted, found to be violating City policy
or failing to comply with any of the requirements of the Hermosa Beach Municipal Code may be subject to
penalties or fines. Special events, and any of its participants, vendors, or spectators, found to have caused
damage or be in violation of any City policy or the Hermosa Beach Municipal Code may be subject to greater
deposits, regulation, or restrictions when submitting special event applications in the future.
Where are special events allowed?
To ensure adequate space and resources are available, and to limit potential disturbances to the community,
special events are limited to the following locations:
• South of Pier within the Commercial Zone; between 10th Street and the Pier;
• North of the Pier within the Commercial Zone; between the Pier and 15th Street;
• Designated Surf Zone
• The Strand
o Strand use is only permitted for events continuously moving with no obstruction to public access;
• Pier Plaza;
• Within public right of way (please note that any event within the public right of way is subject to approval
by the Chief of Police); and
• The following City parks:
o Valley Park, 2521 Valley Drive;
o Community Center, 710 Pier Avenue;
o Clark Field, 861 Valley Drive;
o Edith Rodaway Park: 350 Prospect Avenue; and
o The Greenbelt.
Special event applications for City parks not included above will be considered on a case-by-case basis.
Special event permits will not be issued for South Park, 425 Valley Drive, or Noble Park, 1400 The Strand.
903
4
Commercial Zone
904
5
Use Classifications + Impact Characteristics
Special events are evaluated based on several factors and will be categorized as Impact Level I, II, or III based
on the information provided in the special event application. Once the information is submitted and reviewed
by the Community Resources Department, City staff will determine the Impact Level of the event using the
Impact Characteristics Matrix.
The Impact Level of the event will be used to determine:
o applicable fees;
o deadline for the special event application submittal;
o requirements for pre-event meeting(s) and post event walk through(s); and
o level of review for approval (City staff, Parks, Recreation and Community Resources Advisory
Commission and/or City Council).
Impact Characteristics Matrix
If more than one option is applicable, the highest characteristic will be used to determine the impact level.
Characteristic Impact Level I Impact Level II Impact Level III
Total Attendees and Spectators
Per Event Day
100-500 501 – 1,999 2,000 or More
Event Location(s) Park or Beach The Pier or Pier Plaza Streets, the Strand, or
Public Right of Way
Use of Volleyball Courts and
Beach Tennis Courts
None • North
Volleyball
Courts; or
• Beach
Tennis Courts
• North and South
Volleyball Courts;
or
• North and South
Volleyball Courts
and Beach Tennis
Courts; or
• North Volleyball
Courts and Beach
Tennis Courts
Event Season(s) Winter Spring or Fall Summer –
Peak Season
(Memorial Day to
Labor Day)
Event Day(s) Monday - Thursday Friday, Saturday, or
Sunday
Holiday
Total Consecutive Event Days
(Including Set-up and Tear-down)
1-2 3-4 5 or More
(May not exceed 15)
Additional requests such as Film/Still
Photo Permit, Reserved Parking,
Fencing, Staging, Street Closures, or
Amplified Sound Permit
None 1-2 3 or more
Impact Level 5 or More
Applicable
=Impact Level I
2 or More
Applicable
= Impact Level II
2 or more Applicable =
Impact Level III
Pass-Through Events
A pass-through event is exactly what the name implies, the event participants pass through the City of Hermosa
Beach and the event does not start or end in Hermosa Beach. A special event application is required to be
submitted and pass-through events are required to follow the approval process required based on the Impact
Level assigned to the event.
Pier Plaza Promotions
905
6
The Pier Plaza Promotion option is designed to provide companies or event sponsors a one-day promotional
opportunity on Pier Plaza subject to the Pier Plaza Use fee. These events must be strictly commercial product or
service promotions and not special events. Companies or sponsors who request approval for this use will be
required to submit a special event application. Up to five Pier Plaza Promotions may be approved each
calendar year.
Approval Guidelines + Requirements
Event Approval Findings
A special event permit may be issued upon finding that:
1. The applicant reimburses the City for all costs incurred by the City in connection with the event, including
public safety, traffic control and monitoring.
2. The number of estimated attendees can be accommodated at the proposed location and surrounding
area.
3. The applicant is capable and qualified to manage the event in a competent, professional manner in
accordance with all conditions of approval.
4. Adequate provision has been made for satellite parking, shuttle transportation and traffic control (as
requested and determined by City staff).
5. Adequate provision has been made for security, crowd control, ingress and egress, and clean-up (as
requested and determined by City staff).
6. Adequate provision has been made for trash clean-up and pick-up (as requested and determined by City
staff).
7. Adequate provision has been made for additional portable restroom facilities (as requested and
determined by City Staff).
8. The total number of days required for the event shall not exceed sixteen consecutive days.
9. The applicant provides required insurance, deposits, bonding and indemnification of the City.
Application Submittal Deadlines and Approval Process
Special event applications must be submitted as follows:
• New events: If the new event is an Impact Level I or II, the application must be submitted at least ninety
(90) days in advance of the event. If the new event is an Impact Level III, the application must be
submitted no later than July 30 for the following calendar year. New events to Hermosa Beach will be
subject to a Public Hearing by both the Parks, Recreation and Community Resources Advisory Commission
and City Council.
• Returning Level III events: Must be submitted no later than July 30 for the following calendar year. Upon
recommendation for approval by the Parks, Recreation and Community Resources Advisory Commission
and approval by City Council, permits will be processed and issued by the Community Resources
Manager.
• Returning Level II events: Must be submitted at least ninety (90) days in advance of the event. Upon Parks,
Recreation and Community Resources Advisory Commission approval, the Community Resources
Manager may process and issue permits. Should the Parks, Recreation and Community Resources Advisory
Commission recommend denial of a special event, that decision may be appealed to the City Council.
• Returning Level I events: Must be submitted at least thirty (30) days in advance of the event. Level I events
will be reviewed, and permits will be issued by the Community Resources Manager. Should the Community
Resources Manager recommend denial of a special event, that decision may be appealed to City
Council.
o Pier Plaza Promotions: Review and approval of Pier Plaza Promotion events will follow the same
approval process as Level I events.
Any returning event to the City that is requesting a significant change to the event format including the
location, total event days, or estimated attendance and spectator total may be subject to the application
submittal deadlines and approval process outlined for new events at the discretion of the Community
Resources Manager.
The Parks, Recreation and Community Resources Advisory Commission and City Council will evaluate and
recommend approval of returning Impact Level III events and a “Nothing Weekend” first, and then will consider
approval of returning Impact Level II events. Then staff will consider approval of Impact Level I events. Events
submitted earliest will be given priority for their preferred dates.
906
7
Review Timeline
(Returning Events)
Application Period
Opens
Last Day to
Submit Application
Parks, Recreation and
Community Resources
Advisory Commission
Review
City Council Review
Impact Level I
October 15
(for following
calendar year)
30 days prior to event n/a n/a
Impact Level II
October 15
(for following
calendar year)
90 days prior to event Beginning in
December n/a
Impact Level III
July 1
(for following
calendar year)
July 30
(for following
calendar year)
September Meeting
October Meeting
At the discretion of the Community Resources Manager, special event applications may be submitted for
consideration after the application submittal deadline has passed, provided:
• there are unforeseeable circumstances (memorial service, team victory celebration, need for
minimal marketing/advertising)
• the event does not exceed Peak Season Event Limits
• the event can still meet all of the event approval findings
The Community Resources Manager and the City’s Special Events Team will participate in the review and
approval of special event applications submitted after the deadline has passed. The Parks, Recreation and
Community Resources Advisory Commission and City Council will receive an update on the status of events
submitted after the deadlines.
Event organizers are expected to be present at the Parks, Recreation and Community Resources Advisory
Commission and City Council meetings (if required) where their event is scheduled to be reviewed.
Peak Season Event Limits
To balance coastal access with beach events, the Beach, the Strand, and Pier Plaza will be limited to the
following number of events during the peak summer season (Memorial Day to Labor Day – approximately 100
days over the summer):
o Maximum of 45 days used by Level III Events
o Maximum of 25 days used by Level I and II Events, and (on days not used by Level III Events)
Events under a Long-Term Agreement will be categorized by their Impact Level
o City Sponsored/Contracted Events will be categorized by their Impact Level
The monthly number of event limits for off-peak season (Labor Day to Memorial Day) will be limited to a
maximum of 15 days used by events per month. Additionally, only two events per any given day will be
permitted in the City.
Simultaneous Use of North and South Volleyball Courts
One side of the North and South of Pier Volleyball courts will be required to remain open for general public use
during special events occurring on weekends. An exception may be provided for events that occur at the
same time as City-sponsored classes utilizing the North or South of Pier Volleyball Courts or at the discretion of
the Parks, Recreation and Community Resources Advisory Commission and City Council.
Impact to Beach Tennis Courts
Any event requesting removal of the Beach Tennis Courts must provide one of the following:
• An event footprint that would allow for at least three of the permanent Beach Tennis Courts to remain
for general public use; or
• Temporary Beach Tennis Courts available for general public use.
o Temporary courts must remain at least 50 feet from the strand wall and shall not block beach
access or hinder emergency access onto and from the beach by the Los Angeles County
Lifeguards. If temporary courts are provided outside of the Commercial Zone, outside of the
event footprint, it is the responsibility of the event producer to set-up and remove the courts
daily as they are not permitted to remain overnight.
907
8
o The City and Beach Tennis community would assist with providing the temporary poles and nets
to the event producer and provide guidance for installation/removal.
Event Notifications
The Community Resources Department may require event producers to provide written notification to all
residents and businesses within a 500-foot radius of the event site. The City shall provide the notice, which shall
include the date and time of the event and the telephone number of the designated event representative.
Said written notice shall be provided to the surrounding residents and businesses by the event representative
not less than 1 week prior to the event. Additionally, new event requests for locations outside of the Beach or
downtown area, require event notifications to be posted at the event site leading up to the scheduled Public
Hearing to provide the community additional notice of the proposed new event.
Pre/Post Event Meetings
Pre-event meetings and post-event walkthrough/evaluations with City staff and event producers may be
required.
A “pre-event meeting” may be scheduled anytime between 3 months to several weeks prior to the actual
event date as determined by City staff. The goal of this meeting is to provide information to all City
Departments involved or impacted by the event. The Community Resources Department may require any
event to have an “on-site meeting” prior to the event and a final site map must be presented at this time. City
staff may require multiple meetings if the event details require further discussion or if additional information is
requested. First-time events that expect to be recurring events may also be required to attend a “post-event
meeting.” The Community Resources Department will invite representatives from other City Departments to
these meetings, which are involved or affected by the event.
Permits may also specify a time for a “post-event walkthrough” where the applicant, event coordinator, or an
authorized representative of the applicant is required to be present, as staff will walk through the site and assess
the condition it was left in. Failure to participate in pre or post meeting events, may jeopardize your approved
event or future events in Hermosa Beach.
Site Plan, Equipment, and Signage
A detailed map schematic must be submitted to move forward with the review and approval process that
includes the proposed location of the event, including all temporary facilities, structures, signage, and /or
equipment to be erected, ingress and egress, number and type of vehicles and whether existing structures
and/or facilities are to be relocated or modified. Events requiring Building, Police, or Fire Department review,
must include maps and plans that are drawn to scale.
All recreational activities and set-up of recreational equipment should remain at least 50 feet from the Strand
wall. Special considerations may be made for permitted, and City approved recreational events or activities.
All event-related activities and set-up shall not block beach access or hinder emergency access onto and from
the beach by the Los Angeles County Lifeguards.
All tents must remain at least 10 feet from the Strand wall.
A parking plan showing the number of public parking spaces to be occupied by the event organizers, the
location of satellite parking lots to be used for attendee parking, arrangements for shuttle bus transportation,
and plans for publicizing the availability of off-site public parking may be required.
Events that set up bleachers, stages higher than 2’ off the ground, fencing or other temporary structures will be
subject to review and inspection prior to the start of the event. Accessibility compliance will be required for
seating, bleachers or any stages higher than 2’ off the ground. Pedestrian access shall be maintained, and a
layout plan may be required to ensure proper access and circulation.
Events including promotional signs/banners, a frame signs, and other signage items shall not be placed on City
facilities or premises without prior written approval from the City and must include a temporary sign/banner
permit and site plan.
908
9
Accessibility Plan
It is the applicant’s responsibility to comply with all City, County, State and Federal disability access
requirements applicable to the event, including the American with Disabilities Act (ADA). All indoor and
outdoor sites, activities and programs must be accessible to persons with disabilities.
Amplified Sound
Amplified sound (Public Address system for announcements, etc.) is limited to the hours of 10:00 AM to 9:00 PM
for up to a total of four hours in any day. Exceptions may be approved for special events, in conjunction with
the special event approval process. Events must comply with the City Noise Ordinance HBMC 8.24 and
speakers must be facing westward (towards the ocean) at all times. Event producers are required to obtain an
Amplified Sound Permit if the event intends to use a loudspeaker or sound amplifying equipment for the
purpose of giving instructions, directions, lectures, or transmitting music. Requests should be noted when
submitting a special event application to the Community Resources Department to ensure proper coordination
with the Chief of Police. The Chief of Police will consider the following in the issuance of amplified sound
permits:
1. The volume and intensity of the noise, particularly as it is experienced within a residence or place of
business;
2. Whether the noise is prolonged and continuous;
3. How the noise contrasts with the ambient noise level;
4. The proximity of the noise source to residential and commercial uses;
5. The time of day; and
6. The anticipated duration of the noise
Food, Beverage, or Merchandise Sales
In accordance with HBMC Section 12.20.300, the sale of food, non -alcoholic beverages, or branded
merchandise from the event producer on the beach are allowed pursuant to a special event permit approved
by the City Council. The sale of any other commodity, merchandise, wares, products, or service on the beach
or the strand is not allowed.
Applicant is responsible for obtaining any applicable food or beverage permits. A Temporary Food Permit is
required when selling, serving, giving away, or sampling food or consumable products, including water or other
beverages, at a public event. Additionally, each food vendor at the event must also have a Temporary Food
Permit. Different permits, policies and procedures depend on the classification and the number of days of the
event. As part of the food handling requirements, applicants or event organizers are required to include public
safety features in the event plans such as hand-washing sinks. The County of Los Angeles Department of
Environmental Health issues food permits. It is the responsibility of the applicant to ensure all vendors have
current permits.
If the sale of alcohol is included in a special event application (requests for alcohol on the beach w ill not be
approved), approval from the City Council is required and the applicant must request authorization from the
State of California Department of Alcohol Beverage Control (ABC). A copy of the ABC License must be
provided to the Community Resources Department prior to the issuance of a permit. City departments may
place restrictions on the way in which alcohol is managed at a proposed event.
Professional Filming
A Film/Still Photo Permit is required for any event utilizing professional filming or still photo equipment or
recording or photographing of activities resulting in commercial use. Information about professional filming
permits can be obtained on the City of Hermosa Beach website.
Security
City staff or law enforcement may deem an activity warrants the presence of one or more Police Officers or
security personnel and the cost of such services shall be borne by the applicant. Security personnel must be
licensed, in uniform and are subject to approval by the City. Proof of obtaining the required security personnel
must be provided to the Community Resources Manager at least two (2) weeks prior to the event.
Portable Restrooms + Hand Sanitizing/Sink Facilities
Events may be required to provide portable restrooms and hand-sanitizing/sink facilities. The cost of such
services shall be borne by the applicant. The number of portable restrooms and hand-sanitizing/sink facilities
required will be determined by City staff and factors such as the event location, total duration of the event,
estimated attendance (participants and spectators), season the event takes place and whether food and
909
10
beverage will be served will be considered. City staff will designate the location for any portable restrooms and
hand-sanitizing/sink facilities required at the event location.
Insurance
At least ten (10) days prior to the event, applicants will provide the City with a certificate of insurance providing
liability insurance with the following requirements:
Applicant agrees to furnish the City of Hermosa Beach evidence of comprehensive general liability insurance in
the form of a certificate naming "the City of Hermosa Beach, its officers, agents, volunteers, and employees as
additional insureds." This exact verbiage is required. Applicant shall notify the City at least thirty (30) days prior
to the termination, reduction, cancellation, suspension, modification, or expiration of the
policy. Notwithstanding the foregoing, Applicant shall maintain insurance coverage meeting the standards
outlined in this Section at all times during the term of the activity or activities for which Applicant submitted its
application, as reflected in and permitted by this Agreement. All certificates are subject to approval of the
City’s Risk Manager.
Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering commercial general liability
on an "occurrence" basis, including property damage, bodily injury, death, and personal and advertising injury
with limits no less than two million dollars ($2,000,000) per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this Agreement, or the general aggregate limit shall
be twice the required occurrence limit. The City reserves the right to request greater or lesser amounts of
insurance coverage.
If the use includes athletic activities, Applicant shall provide evidence of that the commercial general liability
insurance includes coverage for injuries to athletic participants and participant ac cident insurance.
If the Applicant maintains broader coverage and/or higher limits than the minimums shown above, the City
requires and shall be entitled to the broader coverage and/or the higher limits maintained. Any available
insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to
the City.
Event Day Expectations
In order to immediately address any issues or changes that may arise during the course of an event, producers
are responsible for:
• Providing a cell phone number upon which City staff may contact the producer
• Being available on-site or providing a designated contact at all times during the event. This includes
agreement that producers (or their designated contact) will not actively participate in the event.
• Maintaining copies of all applicable special event permits and any other permits issued by the City of
Hermosa Beach on-site during the event.
Applicable Fees
All special events are subject to an application fee, special event category fees and additional fees
established by resolution of the City Council and any additional costs incurred by the City on behalf of the
event. Payment of special event fees is due upon receipt. The Community Resources Manager has the
discretion to revoke a permit or place a hold on processing future event applications if all ap plicable fees are
not paid in a timely manner.
Current Fee Schedule
Event Categories Fee
Category I
• Less than 500 people
Non-profit: $2 per registrant
and roster of participants
due to City
Commercial: 70/30
split of proceeds
and roster of participants
due to City
910
11
Category II
• Impacts public areas for no longer than one (1) day including set-up/tear-down
• Is conducted in the off-season (not between Memorial Day and Labor Day
or on any holiday)
• Participant plus spectator crowd more than 500 but less than 3,000
• Has no television coverage (except news)
• A non-profit entity is the beneficiary of the net revenues (100%)
• Does not meet any of the identifying criteria for a Category III or IV event
$3,169 per event day
Category III
• Impacts public areas for more than one (1) day including set-up/tear-down
• Participant plus Spectator crowd does not exceed 5,000
• Has no television coverage (except news)
• Has more than $3,000 and less than $50,000 in prize money
• Does not meet any of the identifying criteria for a Category IV event
$3,487 per event day
Category IV
• Meets Category III Criteria and has one or more of the following:
▪ Has network television coverage
▪ Estimated participant/spectator crowds exceed 5,000 people
▪ Prize money in excess of $50,000
▪ Charges admission to spectator
▪ Gross revenues in excess of $50,000
$6,341 per event day
Additional Fees Fees
Commercial Application Fee - non-refundable $996
Non-Profit Application Fee - non-refundable $664
Pass-Thru Application Fee - non-refundable $332
Amplified Sound Permit $195
Pier Plaza Use Fee $13,272 per event day
Event Co-Sponsor $335 each
Event Set-Up/Tear-Down $300 per location, per day
Community Resources Staff $398 per day
Parking Meter Space Fee $1.25 per hour (8am-8pm)
$1.50 per hour (8pm-8am)
Depending on event details additional fees may apply due to required staffing and/or services from the City of
Hermosa Beach’s Building Division, Police Department, Public Works Department and the Los Angeles County
Fire Department.
Application Fees
Upon review of the special event application, City staff will follow up to the event contact to collect payment
of the application fee, which will be due immediately to continue the review and approval process. This fee will
not be applied to special event permit fees and is non-refundable.
Special Event Permit Fees
Events are subject to a daily permit fee based on the designated event category level.
Payment of applicable special event permit fees shall be due following event approval and must be submitted
at least 10 days in advance of the scheduled event.
Additional Fees
The Community Resources Department will confirm the necessary permits during application review and will
coordinate with applicants to secure permits and process fees from the appropriate City departments once
the special event is approved by the appropriate review body. Additional fees may be required for:
• the use of Pier Plaza and reservation of City Facilities
• installation of street banners or temporary signs
• reservation/use of public parking spaces
911
12
• use of amplified sound
• use of professional filming or still photography
• presence of police, fire, community resources, or paramedic staff on site before, during or after event
• application for business license
Damage Deposit
Monetary deposits, bonds and other security may be necessary to guarantee performance of all required
conditions, clean-up and repair of any City property or facilities damaged as a result of the event. Events may
be required to submit a deposit to cover any potential damage to City facilities. All or a portion of the deposit
may be refunded upon post event inspection or sign -off by Public Works, Chief of Police, or other applicable
City staff. Events will be billed for the costs to repair or replace any City property damaged as a result of the
event if the damage exceeds the deposit provided.
Refund/Cancellation Policy
Once a permit is approved and issued, the special event permit and additional impact fees may be refunded
when written notice is given to the Community Resources Department at least two weeks prior to the event
date and provided that no staff services are incurred. If rain is predicted and the decision is made to cancel
within two weeks prior to the event, no monetary refund will be given but City staff will work with event
producers to re-schedule events to another available date.
Compliance
Environmental Requirements
All events will be required to submit an environmental protection plan showing proposed compliance to
reduce environmental impacts as part of the application form. Such measures may include, but shall not be
limited to:
• Waste recycling and reduction
• Energy efficiency
• Protection of the marine environment
• Community education opportunities
• Monitoring and reporting compliance with the environmental protection plan
Applicable Codes + Regulations
The City of Hermosa Beach Municipal Code governs the approval, review, and enforcement of special events.
The Special Event Policy rules and regulations must be strictly adhered to and all pertinent City Ordinances shall
be enforced. The sections of the Hermosa Beach Municipal Code relevant to special events include:
Title 8 – Health and Safety
8.24 Noise Control
8.64 Ban on Polystyrene Food Service Ware
Title 9 – Public Peace Morals and Welfare
9.28 Parties, Events and Gatherings on Private Property
Title 10 – Vehicles and Traffic
10.28 Loading and Unloading
10.32 Stopping, Standing and Parking
Title 12 Street, Sidewalks and Public Places
12.20 Beach and Strand Regulations
12.24 Municipal Pier
912
13
12.28 Parks, Playgrounds and Other Public Areas
12.30 Special Events on Public Property
Fee Waivers
To support qualifying organizations, the City provides special event fee waiver grant opportunities to assist in its
success by relieving the financial burden associated with the cost of the City’s special event fees. The Special
Event Fee Waiver Grant Policy is intended for those events required to complete the annual special event
application filing, review, and approval process. Events and organizations that qualify for a long -term
agreement or in a City Contract are not bound to the terms of this policy.
Funding Limits
The Parks, Recreation and Community Resources Advisory Commission (Commission) awards grant funding for
qualified organizations that have received approval to hold their event in the City of Hermosa Beach. The
annual award limit of the Special Event Fee Waiver Grant is approved by the City Council each fall for the
upcoming calendar year. Grants will be awarded up to a maximum of $2,500 per event or a 50% reduction of
indirect City special event fees, whichever is the lesser amount.
Awards may only be used toward indirect special event fees charged by the City; direct costs are not eligible
for consideration of this grant and organizations are required to pay those in full. A fee worksheet is included in
the Fee Waiver Grant Application that further outlines those fees eligible under this grant. The minimum amount
of requested special event fee waiver grants must total at least $250.
Eligibility
In order to be eligible to apply for a Special Event Fee Waiver Grant, the special event must be a returning
event to the City and have been successfully approved through its applicable approval process as outlined in
the Special Event Policy Guide. Fee waivers will not be considered for new events or events taking place during
the Peak Season between Memorial Day and Labor Day. Following approval of a special event, a completed
Special Event Fee Waiver Grant Application is required to be submitted to the C ommunity Resources
Department at least 60 days prior to the event. Following a review to ensure the completeness of the
application, the request will be included on an upcoming meeting of the Commission for its formal review and
determination of grant award.
Fee waivers may be granted when the Commission determines that the event is of significant value to the
community or to a significant portion of its residents. The organization producing the event must meet the
following criteria:
1) An organization that is not delinquent on city permits or fees.
2) The organization and/or event can demonstrate:
a. A community benefit; or
b. A positive economic impact as a result of the event.
Applicants will be requested to demonstrate the following:
• A financial need or other economic justification to be considered for a Fee Waiver Grant ;
• A positive community benefit through the organization or its event by meeting at least two of the
following criteria:
a. The organization and/or event serves, involves, and/or promotes Hermosa Beach, its residents,
schools, and/or businesses;
b. The organization and/or event can demonstrate broad community support and sponsorship;
c. The event appeals to a wide segment of community members;
d. The organization and/or event enhances the quality of life to the Hermosa Beach community;
offering recreational, cultural, social, and or and/or educational activities of interest to the
community;
e. The organization can demonstrate a commitment to supporting the City’s active and healthy
lifestyle as a result of the event; and/or
f. The organization/and or event addresses an unmet community need.
• A positive economic impact as a result of the event by providing the following information:
913
14
a. If the event is consecutive days, data indicating the total number of participants that utilize
overnight lodging in the City of Hermosa Beach; and
b. Data indicating the participants spending in Hermosa Beach during the duration of the event at
any of the businesses in the City of Hermosa Beach.
Additionally, applicants must be able to fully fund their event should they not receive a fee waiver grant and
may not be dependent on the fee waiver grant to determine their ability to hold the event.
Events specifically prohibited from receiving a fee waiver grant include those events that:
• Promote, advocate or advance a political message or belief.
• Projects or organizations who have unsatisfactorily fulfilled its obligations from previous fee waiver grants.
Approval
The five (5) member Commission is tasked with reviewing and determining the level of Specia l Event Fee Waiver
Grant award at one of their regular meetings held on the first Tuesday of each month beginning at 7:00pm.
Consideration will include careful review of:
• Special Event Fee Waiver Grant Application.
• Community Benefit Form
• Economic Impact Report
• Successful fulfillment of previously awarded grant obligations.
The Commission’s decision to deny grant funding for specific events is appealable by the City Council. The City
Council will not consider additional fee waiver considerations in addition to the maximum award amounts
allowable through the Special Event Fee Waiver Grant program.
Obligations
Organization receiving grant funding through the Special Event Fee Waiver Grant program will be required to
complete the following:
• A formal presentation to the Parks, Recreation and Community Resources Advisory Commission at one
of its regular meetings no more than 60-days following the event. The presentation shall include
discussion of:
o Number of attendees.
o Beneficiary of funds raised by the event (if applicable).
o Overview of event budget and financial outlook.
o Overview of the community benefit and/or positive economic impact to the City of Hermosa
Beach.
Disqualification
Failure to complete these requirements in accordance with this policy shall automatically disqualify the
organization from submitting a future request to receive a Special Event Fee Waiver Grant for the remainder of
the current calendar year plus one additional year.
If any information submitted as part of the Special Event Fee Waiver Grant is found to be fraudulent, event
approvals already granted for the remainder of the calendar year will be automatically revoked. While the
organization will be permitted to reapply for approval of event(s) in the following calendar year, it will no longer
be eligible to apply for Special Event Fee Waiver Grants.
Long-term Agreements
The City of Hermosa Beach recognizes the value in hosting a variety of beloved communi ty events that help
create a balanced and enjoyable Special Events Calendar for its residents. To support and develop a long -
term approach to the scheduling of events, eligible events can qualify for a Long -term Agreement (LTA) with
the City for a three-year term.
Eligibility
In order for an organization to be eligible for consideration of a long -term agreement, the event(s) must meet
at least three of the following:
914
15
□ The event(s) must qualify as an Impact Level II or III (per the Impact Worksheet), and at least one of
the following:
o Have a combined estimated total of 5,000 people in attendance; or
o The event must be at least two (2) consecutive days (including setup and teardown).
□ Have held its event in Hermosa Beach for at least three consecutive years
□ The event must be produced by an organization that serves, involves, and/or promotes
Hermosa Beach’s coastal lifestyle, its residents, schools, and/or businesses; and
□ The organization or event producer must be able to demonstrate how its programs (outside of those
provided at the event) provide a positive impact to the City including enhancements to quality of
life to the Hermosa Beach community; or the offering of recreational, cultural, social, and/or
educational activities of interest to the community.
□ The event can demonstrate:
o A community benefit; or
o A positive economic impact as a result of the event.
Applicants will be requested to demonstrate a positive community benefit through the organization or its event
by meeting at least two of the following criteria:
□ The event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or
businesses;
□ The organization and/or event can demonstrate broad community support and sponsorship;
□ The event appeals to a wide segment of community members;
□ The organization and/or event enhances the quality of life to the Hermosa Beach community;
offering recreational, cultural, social, and or and/or educational activiti es of interest to the
community;
□ The organization can demonstrate a commitment to supporting the City’s active and healthy
lifestyle as a result of the event; and/or
□ The organization/and or event addresses an unmet community need.
Applicants will be requested to demonstrate a positive economic impact to the City as a result of the event by
providing the following information:
• If the event is consecutive days, data indicating the total number of participants that utilize
overnight lodging in the City of Hermosa Beach; and
• Data indicating the participants spending in Hermosa Beach during the duration of the event at
any of the businesses in the City of Hermosa Beach.
If quantifiable data is not available, organizations will be required to describe the posit ive economic impact.
Upon request of an organization whose event does not satisfy one or more of the above eligibility criteria,
the City Council may at a regular Council meeting authorize such organization to apply for an LTA where
its event provides a demonstrable or differentiated benefit to the community or a service that the City
would otherwise be unable to provide.
Term Limits
LTA’s shall be for no less than two (2) years but shall not exceed a maximum of three (3) years unless otherwis e
determined by the City Council.
Procedures
The following steps are required to guide the development and implementation of a LTA:
1. Submittal of an LTA Application to the Community Resources Department that addresses how the
organization or event qualifies for each of the eligibility requirements.
2. Review and recommendation for City Council approval by the Parks, Recreation and Community
Resources Advisory Commission.
3. Review and approval by City Council to begin LTA negotiations with Staff.
4. LTA negotiations and development.
5. Presentation of the final LTA to City Council for approval.
915
16
Obligations
Organizations whose event(s) are approved through an LTA are required to provide a formal presentation to
the Commission at one of its regular monthly meetings no more than 60-days prior AND 60-days following its
event(s). The pre-event presentation shall include a general event overview including anticipated number of
attendees; an overview of the event footprint and individualized setup; and its anticipated impact(s) to the
community, etc. The post-event presentation shall include a general overview including the actual number of
attendees; actual impact(s) to the community; and any event struggles and successes, etc.
916
917
Page 1 of 1
2023
City of Hermosa Beach
Special Event Permit Application Overview
Event Title: Kevin Sousa Celebration of Life
Impact Level: II
Proposed Event Date(s): Sunday, June 25, 2023
Applicant Name: Andy Dellenbach (Alternate: Dennis Jarvis)
Organization Name: Jimmy Miller Memorial Foundation
Non-Profit: NO/YES
Event Time: Load-in: TBD Event: TBD Load-out: TBD
Event Summary: A commemoration of the life and legacy of Hermosa Beach resident, Kevin Sousa including live music
and speeches on a stage on Pier Plaza, and a paddle out south of Pier
Returning Event: NO/YES
Event Location: Pier Plaza and south of Pier
Estimated Number of Spectators and Participants per Day: 1,000
Age of Participants: All ages
Participant Fee: Free
Parking: None
Amplified Sound: Yes, live music with sound system
Generator(s): Yes
Fenced Area(s): None
Stage(s), Structure(s) or Tent(s): Yes, a stage on Pier Plaza
Security: None
Sponsor(s): None
Applicable Fees:
Application (Non-Profit) $664
Category II (for use of the beach South of Pier) $3,169
Amplified Sound Permit $195
Pier Plaza Use Fee $13,272
*Additional fees may apply due to required staffing and/or services from the City of Hermosa Beach’s Building Division,
Community Resources Department, Public Works Department and the Los Angeles County Fire Department
918
919
TENTATIVE
2023 SPECIAL EVENTS
CALENDAR
City of Hermosa Beach
Community Resources Department
710 Pier Avenue, Hermosa Beach, CA 90254
(310) 318-0280
hbconnect@hermosabeach.gov
920
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
17 18 19 20
21
SCVA Winter Series
North Volleyball Courts
22 23
24
25
26
27
28
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
Sidewalk Sale
Hermosa Avenue, Pier Avenue &
Pier Plaza
Impact Level II
29
Sidewalk Sale
Hermosa Avenue, Pier
Avenue & Pier Plaza
Impact Level II
30
31
January 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
921
Sun Mon Tue Wed Thu Fri Sat
1 2
3 4
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
5 6 7 8 9 10 11
SCVA Winter Series
North Volleyball Courts
12 13 14 15 16
17 18
19 20 21 22 23 24 25
26
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
27 28
February 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
922
Sun Mon Tue Wed Thu Fri Sat
1 2
Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
3
Beach Tennis
Tournaments
Beach Tennis Courts
4 HBLL Opening Day
Clark Field
Impact Level II
Beach Tennis
Tournaments
Beach Tennis Courts
5 Beach Tennis
Tournaments
Beach Tennis Courts
6 RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
7 8 9 10 11 St. Patrick’s Day
Parade
Downtown
Impact Level III
12
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
13 14 15 16 17 18 State of the Art
Cypress Ave. & 6th St.
19 20 21
22 23
RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
24 Hearts of Hermosa
Community Center
(load-in)
Impact Level III
RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
25 Hearts of Hermosa
Community Center
Impact Level III
SoCal Beach Foundation
North Volleyball Courts
26 Hearts of Hermosa
Community Center
(load-out)
Impact Level III
CBVA
North Volleyball Courts
27 28 29
RUHS Girls Beach
Volleyball Matches
North Volleyball Courts
30
31
March 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
923
Sun Mon Tue Wed Thu Fri Sat
1 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
2 3
RUHS Girls Beach
Volleyball Matches
North
Volleyball Courts
4
RUHS Girls Beach
Volleyball Matches
North
Volleyball Courts
5
RUHS Girls Beach
Volleyball Matches
North
Volleyball Courts
6
RUHS Girls Beach
Volleyball Matches
North
Volleyball Courts
7 8 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
You Are Enough 5K
Strand (North of Pier) &
Schumacher Plaza
9 Easter Sunrise Mass
South of Pier
10 11 12 13 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
14 Beach Tennis
Tournaments
Beach Tennis Courts
15 Beach Tennis Tournaments
Beach Tennis Courts
CBVA
North Volleyball Courts
16 Beach Tennis
Tournaments
Beach Tennis Courts
17 18 19 20 21
Surfers Walk of Fame
Kick-off Party
Community Theatre
impact Level II
22
Surfer’s Walk of Fame
Spyder Surf Fest
Pier Plaza
Impact Level III
23
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
Waterman's South Bay
Surf Series Contest
South of Pier
24 25 26 27 28 29
Dolphin Dash
Strand (North of Pier) &
Schumacher Plaza
30
April 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
924
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 Endless Summer
Classic Car Show
Schumacher Plaza &
Pier Plaza
Impact Level II
7 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
8 9 10 11 12 13
SoCal Beach Foundation
North Volleyball Courts
Night at the Ballpark
Clark Field
Impact Level II
14 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
15 16 17 18 19 20
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
21
CBVA
North Volleyball Courts
22 23 24 25 26 Fiesta Hermosa
Downtown
(Load-in)
Impact Level III
27 Fiesta Hermosa
Downtown
Impact Level III
CBVA
Volleyball Tournament
North Volleyball Courts
28 Fiesta Hermosa
Downtown
Impact Level III
CBVA
Volleyball Tournament
North Volleyball Courts
29 Fiesta Hermosa
Downtown
Impact Level III
CBVA
Volleyball Tournament
North Volleyball Courts
30 31
May 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
925
Sun Mon Tue Wed Thu Fri Sat
1 2 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
3 Beach Tennis
Tournaments
Beach Tennis Courts
South Bay Paddle
South of Pier
4 Beach Tennis
Tournaments
Beach Tennis Courts
5 6 7 8 9 Fine Arts Festival
Community Center Lawn
(Load-in)
Impact Level III
10 Fine Arts Festival
Community Center Lawn
Impact Level III
SCVA Spring
Championships Tournament
North Volleyball Courts
11 Fine Arts Festival
Community Center Lawn
Impact Level III
12
13 14 15 16 17
18 19
USAV Beach Trials
North Volleyball Courts
20
USAV Beach Trials
North Volleyball Courts
21
USAV Beach Trials
North Volleyball Courts
22
USAV Beach Trials
North Volleyball Courts
23 24
Nothing Weekend
25
Nothing Weekend
Kevin Sousa
Celebration of Life
South of Pier and Pier Plaza
26 27 28 AVP
North & South
Volleyball Courts
& Beach Tennis Courts
(Load-in:
North & South)
Impact Level III
29 AVP
North & South
Volleyball Courts
& Beach Tennis Courts
(Load-in:
North & South)
Impact Level III
30 AVP
North & South
Volleyball Courts
& Beach Tennis Courts
(Load-in:
North & South)
Impact Level III
June 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
926
Sun Mon Tue Wed Thu Fri Sat
1 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in:
North & South)
Impact Level III
2 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in:
North & South)
Impact Level III
3 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in:
North & South)
Impact Level III
4 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in:
North & South)
Impact Level III
5 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in: North &
Jr. Event: South)
Impact Level III
6 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in: North &
Jr. Event: South)
Impact Level III
7 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Pro Event: North &
Jr. Event: South)
Impact Level III
8 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Pro Event: North &
Jr. Event: South)
Impact Level III
9 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Pro Event: North &
Jr. Event: South)
Impact Level III
10 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-out: North &
Jr. Event: South)
Impact Level III
11 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-out: North &
Jr. Event: South)
Impact Level III
12 AVP
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-out: North & South)
Impact Level III
Shakespeare by the Sea
Valley Park
Impact Level I
13 JVA & BVCA
National Championships
North & South
Volleyball Courts
(Load-in)
Shakespeare by the Sea
Valley Park
Impact Level I
14 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
15 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
16 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
Hermosa Beach
Little League Closing Day
Clark Field
17 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
18 JVA & BVCA
National Championships
North & South
Volleyball Courts &
Beach Tennis Courts
19 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-in)
20 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
21 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
22 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
23 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
24 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
25 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
26 AAU Junior National
Championships
North & South
Volleyball Courts &
Beach Tennis Courts
(Load-out)
27 28 29
SmackFest
South Volleyball Courts
30 31
July 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
927
Sun Mon Tue Wed Thu Fri Sat
1 2 International
Surf Festival
North & South of Pier
(Load-in)
Impact Level III
3 International
Surf Festival
North & South of Pier
(Load-in)
Impact Level III
4 International
Surf Festival
North & South of Pier
Impact Level III
5 International
Surf Festival
North & South of Pier &
North Volleyball Courts (CBVA)
Impact Level III
Sidewalk Sale
Hermosa Avenue, Pier Avenue &
Pier Plaza
Impact Level III
6 International
Surf Festival
North & South of Pier
Impact Level III
Sidewalk Sale
Hermosa Avenue, Pier
Avenue & Pier Plaza
Impact Level III
7 International
Surf Festival
North & South of Pier
(Load-out)
Impact Level III
8 9 10 11 Triathlon
Downtown
(Load-in)
12 Triathlon
Downtown
(Load-in)
Glow Ride for Cystic Fibrosis
Strand (North of Pier)
13 Triathlon
Downtown
CBVA
North Volleyball Courts
14 15 16 17 18 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
19 Beach Tennis
Tournaments
Beach Tennis Courts
20 Beach Tennis
Tournaments
Beach Tennis Courts
21 22 23 24 25 26
Nothing Weekend
27
Nothing Weekend
28 29 30 31
August 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
928
September 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
Sun Mon Tue Wed Thu Fri Sat
1
End of Summer
Beach Concerts
South of Pier
(Load-in)
PENDING
2
CBVA
Volleyball Tournament
North Volleyball Courts
Movies at the Beach
South of Pier
(Using Concerts Infrastructure)
Impact Level III
3
CBVA
Volleyball Tournament
North Volleyball Courts
End of Summer
Beach Concerts
South of Pier
PENDING
4
End of Summer
Beach Concerts
South of Pier
(Event Infrastructure Only)
PENDING
5
End of Summer
Beach Concerts
South of Pier
(Event Infrastructure Only)
PENDING
6
End of Summer
Beach Concerts
South of Pier
(Event Infrastructure Only)
PENDING
7
End of Summer
Beach Concerts
South of Pier
(Event Infrastructure Only)
PENDING
8
End of Summer
Beach Concerts
South of Pier
(Event Infrastructure Only)
PENDING
9
Movies at the Beach
South of Pier
(Using Concerts Infrastructure)
Impact Level III
10
End of Summer
Beach Concerts
South of Pier
PENDING
11
End of Summer
Beach Concerts
South of Pier
(Load-out)
PENDING
12 13 14 15 16 Coastal
Cleanup Day
Schumacher Plaza,
North & South of Pier
Impact Level I
Hermosa Harmony Festival
South of the Pier
17
18 19 20 21 22 Movies at the Beach
South of Pier
(Load-in)
Impact Level III
23 Movies at the Beach
South of Pier
Impact Level III
24 25 26 27 28 29 30 AAU Southern Pacific
Gr& Prix Series
North Volleyball Courts
Locale 90254
Hermosa Avenue, & Lot A
Impact Level III
929
Sun Mon Tue Wed Thu Fri Sat
1 Locale 90254
Hermosa Avenue, & Lot A
Impact Level III
2 3 4 5 6 7
AAU Southern Pacific
Gr& Prix Series
North Volleyball Courts
Walk for Alzheimer’s
Str& (North of Pier) &
Pier Plaza
8 9 10 11 12 13 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
Community Movie Night
Community Center
Impact Level I
14 Pumpkins in the Park
Edith Rodway Park
Impact Level II
Beach Tennis
Tournaments
Beach Tennis Courts
15 Beach Tennis
Tournaments
Beach Tennis Courts
16 17 18 19 20 21
Volley4Sound
North Volleyball Courts
22 23 24 25 26 27 Beach Tennis
Tournaments
Beach Tennis Courts
(Load-in)
28 Beach Tennis
Tournament
Beach Tennis Courts
29 Skechers Pier to Pier
Friendship Walk
Str& (North of Pier) &
Pier Plaza
Beach Tennis
Tournaments
Beach Tennis Courts
30 31
October 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
930
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4
Sandy Sauté
North of the Pier
5 AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
6 7 8 9 10 11 Veterans Day
Wreath Laying
Ceremony
Community Center
East Lawn
Impact Level II
12 13 14 15 16 17 Hermosa for the Holidays
Downtown
(Load-in)
Impact Level III
Community Movie Night
Community Center
Impact Level I
18 Hermosa for the Holidays
Downtown
Impact Level III
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
19 Hermosa for the Holidays
Downtown
Impact Level III
20
Hermosa for the Holidays
Downtown
(Load-out)
Impact Level III
21 22 23 24 25
26 27 28 29 30
November 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
931
Sun Mon Tue Wed Thu Fri Sat
1 2 Sand Snowman
Contest
North of Pier
Impact Level I
3 4 5 6 7 8 9 California Great
Santa Stroll
Strand (North of Pier) &
Pier Plaza
10 Community
Chanukah Celebration
Pier Plaza &
Greenwood Park
Impact Level II
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26
AAU Southern Pacific
Grand Prix Series
North Volleyball Courts
27
28
29
30
31
December 2023 Impact Level I
Impact Level II
Impact Level III
Long-term Agreement
City Hosted or City Contracted Event
932
Off-Season Monthly Events
(Labor Day – Memorial Day) # of Special Event Days # of Days Available
(out of 15)
January 4 11
February 3 12
March 13 2
April 15 1
May (through May 28) 9 6
September (from September 5) 11 8
October 9 7
November 7 8
December 4 11
Peak Season (Memorial Day: May 29, 2023– Labor Day: September 4, 2023) # of Special Event Days on the Beach/Str&/Pier Plaza
Level I & II Event Days
(not on Level III Event Days)
& City Sponsored/Contracted
(not on Level III, II or I Event Days)
(Maximum of 25)
Level III Event Days
(Maximum of 45)
Total # of Event Days
(out of 70 total)
13 43 56
Peak Season Event Limits:
To balance coastal access with events, events on the Beach, Str& & Pier Plaza will be limited to the following number of events during the
peak summer season (Memorial Day to Labor Day – approximately 100 days over the summer):
o Maximum of 45 days used by Level III Events
o Maximum of 25 days used by Level I & II Events, & City Sponsored/Contracted Events (on days not used by Level III Events)
City Sponsored or City Contracted Events, & Long-term Agreement Events are categorized by their Impact Level
933
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0335
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
APPROVAL OF RESOLUTIONS TO JOIN CALIFORNIA JOINT POWERS INSURANCE
AUTHORITY (CJPIA) FOR EXCESS GENERAL LIABILITY COVERAGE, EXCESS WORKERS’
COMPENSATION COVERAGE,
AND PROPERTY COVERAGE
(Human Resources Manager Vanessa Godinez)
Recommended Action:
Staff recommends City Council:
1.Adopt a Resolution Approving Execution of the Joint Powers Agreement Creating the
California Joint Powers Insurance Authority (Attachment 1);
2.Adopt a Resolution to Authorize and Approve Pooling of Self-Insurance through the Excess
Liability Protection Program of the California Joint Powers Insurance Authority (Attachment 2);
3.Adopt a Resolution to Authorize and Approve Pooling of Self-Insurance through the Excess
Workers’Compensation Program of the California Joint Powers Insurance Authority
(Attachment 3);
4.Adopt a Resolution Establishing a Policy that Delegates Tort Liability Claims Handling
Responsibilities to the California Joint Powers Insurance Authority Authorized by Government
Code Section 910, et seq.(Attachment 4);
5.Approve the Third-Party Claims Administration Agreement with Carl Warren and Company for
the Liability Self Insurance Program (Attachment 5);
6.Approve the Third-Party Claims Administration Agreement with Athens Administrators for the
Workers’ Compensation Program (Attachment 6);
7.Approve the Contract for Professional Services Agreement with AdminSure Inc.for Third-Party
Administrative Services (Attachment 7);
8.Authorize the Mayor and City Manager to execute and the City Clerk to attest to the attached
agreements subject to approval by the City Attorney; and
9.Designate a Primary Voting Delegate and an Alternate Voting Delegate to the CJPIA Board of
Directors (Attachment 8).
Executive Summary:
The City of Hermosa Beach currently contracts with the Independent Cities Risk Management
Authority (ICRMA)for insurance and risk management products and programs.To ensure cost-
City of Hermosa Beach Printed on 6/8/2023Page 1 of 6
powered by Legistar™934
Staff Report
REPORT 23-0335
Authority (ICRMA)for insurance and risk management products and programs.To ensure cost-
effective service delivery and reduction of financial risk,a risk pool comparison was conducted.As a
result of the risk pool comparison,City Council directed staff to withdraw from ICRMA,proceed with
the underwriting process to join California Joint Powers Insurance Authority (CJPIA),and return to
City Council with a resolution to join CJPIA for property,excess general liability,and excess workers’
compensation coverage.This report includes the resolutions and agreements required to complete
the City of Hermosa Beach membership with CJPIA for coverage effective July 1, 2023.
Background:
The City of Hermosa Beach has been a member of Independent Cities Risk Management Authority
(ICRMA)since 1985.ICRMA is currently comprised of 15 Southern California cities including
Adelanto,Bell,Downey,El Monte,El Segundo,Fullerton,Glendora,Hawthorne,Hermosa Beach,
Huntington Park,Inglewood,Lynwood,San Fernando,Santa Ana,and South Gate.Since the City
last completed a market check, four members have left ICRMA and three cities have joined.
The City is enrolled in the self-insured risk-sharing pool for excess general liability and excess
workers’compensation programs,along with property,cyber,and crime programs.The term ‘risk
sharing pool’refers to the pooling of risks among a group of entities,generally in a Joint Powers
Authority (JPA).Member cities join to share losses within the pooled layer.The annual premium
amount each member pays for programs is based on the actuarial estimates of what will be needed
to fund the claims for a given program year.
To ensure cost-effective service delivery and reduction of financial risk,staff recommended the City
conduct a risk pool comparison of the various insurance options available.At its May 10,2022
meeting,City Council authorized staff to proceed with the risk pool comparison and issue a Notice of
Intent to Withdraw Membership from ICRMA.The notice,required by ICRMA Bylaws,was filed to
preserve the City's right to withdraw from ICRMA.
At its November 29,2022 meeting,staff presented the results of the risk pool comparison.As a result
of this risk pool comparison,staff determined that CJPIA provided the best value in terms of
mitigating the City’s level of risk and liability,while delivering high quality risk management training
and loss control services.The City Council agreed with staff recommendation authorizing staff to
proceed with the underwriting process with CJPIA and return with a resolution to join CJPIA effective
July 1, 2023.
Past Council Actions
Meeting Date Description
May 10, 2022 City Council adopted a resolution providing notice of the
City’s intent to withdraw from the Independent Cities Risk
Management Authority (ICRMA).
November 29, 2022 City Council adopted a resolution to withdraw from
Independent Cities Risk Management Authority (ICRMA),
provide ICRMA with the final withdrawal notice on or before
December 1, 2022 that is effective July 1, 2023; and
directed staff to proceed with the underwriting process with
California Joint Powers Insurance Authority (CJPIA) and
return to City Council with a resolution to join CJPIA
effective July 1, 2023.
City of Hermosa Beach Printed on 6/8/2023Page 2 of 6
powered by Legistar™935
Staff Report
REPORT 23-0335Meeting Date Description
May 10, 2022 City Council adopted a resolution providing notice of the
City’s intent to withdraw from the Independent Cities Risk
Management Authority (ICRMA).
November 29, 2022 City Council adopted a resolution to withdraw from
Independent Cities Risk Management Authority (ICRMA),
provide ICRMA with the final withdrawal notice on or before
December 1, 2022 that is effective July 1, 2023; and
directed staff to proceed with the underwriting process with
California Joint Powers Insurance Authority (CJPIA) and
return to City Council with a resolution to join CJPIA
effective July 1, 2023.
Analysis:
Over the past six months,staff worked with CJPIA to complete the required underwriting process
which included department interviews,an inspection of City locations,review of the estimated cost
indications for all coverage programs,and the approval from both the CJPIA Underwriting Committee
and the CJPIA Executive Committee.
The coverage year for most risk pools,including CJPIA,coincides with the City’s fiscal year,which is
July 1 through June 30.When the City first approached CJPIA in September 2022 to request a cost
indication for the risk pool comparison,CJPIA’s insurance contracts,actuarial study,and other pricing
information necessary to underwrite new members for the upcoming fiscal year of 2023-2024 were
not yet available.As a substitute,it was requested that CJPIA provide a cost indication based on the
current coverage year with the understanding that the costs would change when the 2023-2024
pricing information became available.
The cost indication from CJPIA is based largely upon the City’s own loss history.Loss history
includes actual claim payments and case reserves.These amounts vary depending on the severity of
each claim and pending litigation.A 10-year loss history report for liability and workers’compensation
was submitted to CJPIA with a valuation date of August 31,2022.Based on this loss history data,
CJPIA provided a cost indication based on the current coverage year for risk pool comparison
purposes.In conjunction with the underwriting process and in order for CJPIA to provide a cost
indication for the fiscal year 2023-2024,an updated 10-year loss history report was submitted to
CJPIA with a valuation date of March 22, 2023.
For the liability program,the updated loss history resulted in an increase of 22.6 percent in claim
payments and case reserves.For the workers’compensation program,the updated loss history
resulted in an increase of 31.9 percent in claim payments and case reserves.This adverse
development in the City’s claims experience during the 7-month period had an impact on the cost
City of Hermosa Beach Printed on 6/8/2023Page 3 of 6
powered by Legistar™936
Staff Report
REPORT 23-0335
indication from CJPIA.
The City’s losses impact pricing from both ICRMA and CJPIA.Other factors impacting price include
the hard insurance market,the availability of insurance (capacity),the interest rate environment,and
the pooled losses from other cities within each risk pool.The City did not receive a quote from
ICRMA for fiscal year 2023-2024.The $1.98 million cost for ICRMA is an estimate based on recent
annual increases from ICRMA.For example,for Fiscal Year 2022-2023,there was an increase of 29
percent in the total cost of coverage for all programs,this includes a 46.86 percent increase in the
liability program alone.
2022-2023 2023-2024
ICRMA CJPIA (Cost
Indication provided in
November 2022)
ICRMA
(estimate)
CJPIA (Cost
Indication for
FY2023-24)
$1,613,729 $1,286,626 $1,983,254 $1,601,892
The City is required to enter into new agreements for third-party claims administrators,Carl Warren
and Company for the Liability Self Insurance Program (Attachment 5)and with Athens
Administrators for the Workers’Compensation Program (Attachment 6)for any claims with a date of
loss or injury on or after July 1,2023.As a current member of ICRMA,AdminSure Inc.is the current
third-party administrator for liability and workers’compensation claims administration.AdminSure
would continue its claims administration services and process all current open claims with a date of
loss or injury on or before June 30,2023.With the City’s ICRMA membership expiring July 1,2023,
the current contract with AdminSure would also expire,therefore the City will be required to enter into
a new agreement with AdminSure for all current and ongoing claims (Attachment 7).
The CJPIA Board of Directors is comprised of one City Council representative per member.If the
City Council decides to join CJPIA,the City Council would be required to designate a Primary Voting
Delegate and up to two Alternate Voting Delegates (Attachment 8).The voting delegate would be
required to serve on the Board of Directors for CJPIA.The Board of Directors meets once annually
and elects a nine-member Executive Committee from its members.The Executive Committee
provides the day-to-day governance for CJPIA.
While the cost indication did increase,it remains lower than the estimated cost of coverage with
ICRMA.In addition to the cost-benefit,the risk management support and access to risk management
resources with a CJPIA Senior Risk Manager designated to work in partnership with City staff.CJPIA
would meet the risk management staff to develop a three-year Loss Control Action Plan for the City
designed to improve risk management and safety.Most of the resources available for property,
excess liability,and excess workers’compensation are included in the program with limited items that
City of Hermosa Beach Printed on 6/8/2023Page 4 of 6
powered by Legistar™937
Staff Report
REPORT 23-0335
excess liability,and excess workers’compensation are included in the program with limited items that
have a cost share or additional cost.The training resources available include over 800 online
trainings,virtual classroom trainings,annual education training,live training,and inspections.There
would be a greater level of support and partnership related to risk management,resulting in a
renewed focus on loss prevention as well as access to new resources through CJPIA.
The staff recommendation is to join CJPIA for property,excess liability,and excess workers’
compensation effective July 1, 2023.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s
General Plan. Relevant Policies are listed below:
Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.
Policy:
·1.2: Strategic planning . Regularly discuss and set priorities at the City Council and
management level to prioritize work programs and staffing needs.
Fiscal Impact:
The City’s overall cost of excess general liability,excess workers compensation,and other insurance
programs and fees would be reduced while increasing the services and resources available to the
City.The comparison is based on ICRMA estimated premium costs for Fiscal Year 2023-2024 and
actual cost indications for CJPIA for Fiscal Year 2023-2024.
The estimated Fiscal Year 2023-2024 premium contribution for ICRMA for all programs is estimated
at $1,983,254.The actual costs indications for CJPIA for Fiscal Year 2023-2024 for all programs is
$1,601,892.The increase in cost was included in the preliminary FY 2023-24 Budget on the current
City Council Agenda.
ICRMA is currently in year six of ten of the liability program assessment.Therefore,the City would be
required to continue to pay ICRMA the remainder of the assessment,which is $163,277 per year for
four years.In addition,ICRMA withdrawal requirements include paying a percentage of the pool
administration fees for the next three years, which is estimated at $159,539 for FY2023-2024.
After considering the ICRMA required continuing costs,the estimated annual savings would be
$221,823.
Attachments:
1.Resolution Approving Execution of the Joint Powers Agreement
2.Resolution to Authorize and Approve Pooling of Self-Insurance through the Excess Liability
City of Hermosa Beach Printed on 6/8/2023Page 5 of 6
powered by Legistar™938
Staff Report
REPORT 23-0335
2.Resolution to Authorize and Approve Pooling of Self-Insurance through the Excess Liability
Protection Program
3.Resolution to Authorize and Approve Pooling of Self-Insurance through the Excess Workers’
Compensation Program
4.Resolution Establishing a Policy that Delegates Tort Liability Claims Handling Responsibilities
to the CJPIA
5.Third-Party Claims Administration Agreement with Carl Warren and Company for the Liability
Self Insurance Program
6.Third-Party Claims Administration Agreement with Athens Administrators for the Workers’
Compensation Program
7.Contract for Professional Services Agreement with AdminSure Inc.for Third-Party
Administrative Services
8.CJPIA 2023 Annual Board of Directors Meeting Voting Delegate/Alternate Form
9.Link to May 10, 2022 City Council Staff Report
10.Link to November 29, 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 6/8/2023Page 6 of 6
powered by Legistar™939
Page 1 of 2
CITY OF HERMOSA BEACH
RESOLUTION NO. 23-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, APPROVING EXECUTION OF THE JOINT POWERS AGREEMENT
CREATING THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
WHEREAS, pursuant to the provisions of Sections 990, 990.4, 990.8 and
6500 of the California Government Code, the California Joint Powers Insurance
Authority (“California JPIA”) has been created by a Joint Powers Agreement; and
WHEREAS, Joint Protection Programs have been developed by the
California JPIA pursuant to the provisions of said Agreement; and
WHEREAS, Article 22 of said Agreement provides for additional member
to become parties to the Joint Powers Agreement creating the California JPIA
and enter one or more Joint Protection Programs providing self-insurance and loss
pooling; and
WHEREAS, the self-insurance and loss pooling programs of the California
JPIA, as well as its group insurance coverage programs, offer significant
advantages to the City of Hermosa Beach in terms of cost, protection, risk
management and loss control advice and assistance, and entering such
programs would be in the best interest of the City of Hermosa Beach.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CAIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Manager of the City of Hermosa Beach is hereby
authorized and directed to execute the Joint Powers Agreement on behalf of the
City of Hermosa Beach binding the Member to the terms and conditions of said
Agreement. The City of Hermosa Beach understands and agrees that, by
executing the Agreement, it will be bound by the term of the Joint Powers
Agreement, specifically Article 21, “Responsibilities of Members,” including the
obligation to make deposits and deposit adjustments for joint protection
programs it joins.
SECTION 2. The City of Hermosa Beach hereby joins the California JPIA,
for a period of not less than three (3) years.
SECTION 3. The City of Hermosa Beach acknowledges and agrees to
the provisions of Article 24 of the Agreement, which provides:
940
Page 2 of 2
(a) A Member that enters into this Agreement may not withdraw as a
party to this Agreement and as a Member of the Authority for a three-year period
commencing on the effective date of its membership.
(b) A Member that enters into a joint protection program may not
withdraw as a participant in that program for a three-year period commencing
on the effective date of its participation in the joint protection program.
(c) After the initial three-year non-cancellable commitment to
membership in the Authority or participation in a joint protection program, a
Member may withdraw only at the end of any protection period, provided it has
given the Authority a twelve-month written notice of its intent to withdraw from
this Agreement and/or any joint protection programs in which it participates.
SECTION 4. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, and ADOPTED on this 13th day, June 2023.
Mayor Raymond A. Jackson
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 Patrick Donegan, City Attorney
941
Page 1 of 2
CITY OF HERMOSA BEACH
RESOLUTION NO. 23- ____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, TO AUTHORIZE AND APPROVE POOLING OF
SELF-INSURANCE THROUGH THE EXCESS LIABILITY PROTECTION
PROGRAM OF THE CALIFORNIA JOINT POWERS INSURANCE
AUTHORITY
WHEREAS, pursuant to the provisions of Section 6500 et seq. and also
Sections 990.4 and 990.8 of the California Government Code, the California Joint
Powers Insurance Authority (“California JPIA”) was created in 1977; and
WHEREAS, the City of Hermosa Beach has executed the Joint Powers
Agreement, to become a member of the California JPIA; and
WHEREAS, the California JPIA has established and administered a
successful Liability Self-Insurance and Loss Pooling Program since April 1, 1978.
NOW, THEREFORE, the City Council of the City of Hermosa Beach,
California, does hereby resolve as follows:
SECTION 1. Liability coverage for the City of Hermosa Beach through the
Excess Liability Program of the California JPIA is hereby authorized and directed
effective July 1, 2023, for a minimum commitment period of three years, pursuant
to the terms of the Excess Liability Program Memorandum of Coverage in effect
at the time of any occurrence covered by the Memorandum of Coverage.
SECTION 2. An initial annual contribution of $913,800, or such pro-rata
part thereof as the California JPIA might determine for coverage of less than a
fiscal period, for the Excess Liability Protection Program is approved and
appropriate officers of the City of Hermosa Beach are authorized to pay the same
to the California JPIA.
SECTION 3. The City of Hermosa Beach will subsequently be required to
make deposits and deposit adjustments as provided in the California JPIA Joint
Powers Agreement.
SECTION 4. The City Clerk shall certify to the adoption of this resolution.
SECTION 5. That the City Clerk is directed to forward a certified copy of
this Resolution to the California JPIA, 8081 Moody Street, La Palma, CA 90623.
942
Page 2 of 2
PASSED, APPROVED, AND ADOPTED on this 13th day, June 2023.
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
_______________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan,
City Clerk City Attorney
943
Page 1 of 2
CITY OF HERMOSA BEACH
RESOLUTION NO. 23- ____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, TO AUTHORIZE AND APPROVE POOLING OF
SELF-INSURANCE THROUGH THE EXCESS WORKERS’ COMPENSATION
PROGRAM OF THE CALIFORNIA JOINT POWERS INSURANCE
AUTHORITY
WHEREAS, pursuant to the provisions of Section 6500 et seq. and also
Sections 990.4 and 990.8 of the California Government Code, the California Joint
Powers Insurance Authority (“California JPIA”) was created in 1977; and
WHEREAS, the City of Hermosa Beach has executed the Joint Powers
Agreement, to become a member of the California JPIA; and
WHEREAS, the California JPIA has established and administered a
number of successful Workers’ Compensation Self-Insurance and Loss Pooling
Programs for its members since April 1, 1978; and
WHEREAS, there are significant financial and administrative advantages
for the City of Hermosa Beach to provide workers’ compensation coverage for its
employees through the Excell Workers’ Compensation Protection Program of
California JPIA.
NOW, THEREFORE, the City Council of the City of Hermosa Beach,
California, does hereby resolve as follows:
SECTION 1. Workers’ Compensation coverage for the City of Hermosa
Beach through the Excess Workers’ Compensation Protection Program of the
California JPIA is hereby authorized and directed effective July 1, 2023, for a
minimum commitment period of three years, pursuant to the terms of the Excess
Workers’ Compensation Protection Program Memorandum of Coverage in effect
at the time of any occurrence covered by the Memorandum of Coverage.
SECTION 2. The City Manager or his/her designee of the City of Hermosa
Beach is authorized and directed to apply to the Department of Industrial
Relations for a Certificate of Consent to Self-Insure, and to take such other actions
as necessary to effectuate self-insurance of workers’ compensation for
employees of the City of Hermosa Beach.
944
Page 2 of 2
SECTION 3. An initial annual contribution of $556,100, or such pro-rata
part thereof as the California JPIA might determine for coverage of less than a
fiscal period, for the Excess Workers’ Compensation Protection Program is
approved and appropriate officers of the City of Hermosa Beach are authorized
to pay the same to the California JPIA.
SECTION 4. The City of Hermosa Beach will subsequently be required to
make deposits and deposit adjustments as provided in Articles 17 and 21 of the
California JPIA Joint Powers Agreement.
SECTION 5. The City Clerk shall certify to the adoption of this resolution.
SECTION 6. That the City Clerk is directed to forward a certified copy of
this Resolution to the California JPIA, 8081 Moody Street, La Palma, CA 90623.
PASSED, APPROVED, and ADOPTED on this 13th day, June 2023.
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
_______________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan,
City Clerk City Attorney
945
Page 1 of 1
CITY OF HERMOSA BEACH
RESOLUTION NO. 23- ____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, ESTABLISHING A POLICY THAT DELEGATES TORT LIABILITY
CLAIMS HANDLING RESPONSIBILITIES TO THE CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY AUTHORIZED BY GOVERNMENT CODE
SECTION 910, ET SEQ.
WHEREAS, the City of Hermosa Beach is a member of the California Joint
Powers Insurance Authority (California JPIA), and pursuant to Government Code Section
990.4, et seq. and 6500 et seq., pools its self-insured liability claims and losses with other
California JPIA members under a Memorandum of Coverage; and
WHEREAS, the Joint Powers Agreement creating the California JPIA authorizes
it to exercise power common to members and appropriate to defend and indemnify
members from liability claims under the Memorandum of Coverage;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hermosa
Beach, California, does hereby find, determine, and resolve as follows:
SECTION 1. The City of Hermosa Beach delegates California JPIA authority to
act on its behalf pursuant to Government Code section 910, et seq. to accept, reject,
return as insufficient, or return as untimely any claims against it, and to provide any
notices authorized under those statues on behalf of the City of Hermosa Beach.
SECTION 2. This Resolution shall become effective immediately upon its
adoption.
SECTION 3. The City Clerk shall certify to the adoption of this resolution.
PASSED, APPROVED, and ADOPTED on this 13th day, June 2023.
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
_______________________________ ________________________________
Myra Maravilla, MPA, CMC Patrick Donegan,
City Clerk City Attorney
946
THIRD PARTY CLAIMS ADMINISTRATION AGREEMENT
LIABILITY SELF INSURANCE PROGRAM
THIS AGREEMENT, entered into effective July 1, 2023, by and between (1) CITY OF
HERMOSA BEACH, hereinafter called "MEMBER," (2) CARL WARREN & COMPANY,
hereinafter called "THIRD PARTY ADMINISTRATOR or TPA," and (3) CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY, hereinafter called “AUTHORITY” is for certain services
as outlined in connection with the duties and responsibilities of administering a program
of self-insurance.
W I T N E S S E T H
WHEREAS, the MEMBER has undertaken to self-insure a defined Member Retained Limit
(MRL) in conjunction with its participation in the AUTHORITY’S Excess Liability Program and
is in need of a qualified third party to whom to delegate the responsibilities and duties of
administering said partially self-insured liability insurance program (the “Self Insurance
program”), and
WHEREAS, the TPA is engaged in the handling and administration of claims within the MRL,
WHEREAS, the AUTHORITY is a party to this Agreement for the purpose of providing
oversight,
NOW, THEREFORE, the MEMBER, the TPA, and the AUTHORITY mutually understand and
agree as follows:
1. GENERAL
The TPA shall: (a) supervise and administer the handling of liability claims within the
MRL for the MEMBER; (b) represent the MEMBER in all matters covered under the
AUTHORITY’s Memorandum of Coverage for the Excess Liability Program, related to the
investigation, adjustment, processing, supervision and resolution of liability claims for
money damages asserted by third parties against the MEMBER and other participants
in the program as specified; and (c) provide to the MEMBER and to the AUTHORITY all
services more particularly set forth hereinafter.
2. CLAIMS INVESTIGATION SERVICES
947
The TPA shall provide complete claims adjustment services on each accident, incident,
damage or lawsuit that may be the subject of a claim against the MEMBER which is
reported to the TPA by the MEMBER and is covered under the AUTHORITY’s
Memorandum of Coverage for the Excess Liability Program. Such services shall include,
but not be limited to (a) maintenance of a claim file on each potential or actual claim
reported to the TPA; (b) whenever its investigation results in a determination that the
MEMBER has sustained a liability to a third party, the TPA shall process any such claim
or potential claim for settlement in accordance with the MEMBER'S instructions for
settlement of such claims, as set forth in the Payment Guidelines; (c) obtain all release
agreements or proofs of loss on settlement of any claim or potential claim; (d) act as
account manager for CMS (Centers for Medicare and Medicaid Services) reporting
purposes and provide notification of potential section III-CMS information to Medicare
or its designated administrator, however per Medicare the TPA cannot be the official
Responsible Reporting Entity (RRE).
Investigative and analytical services shall include, but not be limited to on-site
investigation, photographs, interviewing of witnesses, determination of losses and other
such investigative services necessary to determine liability and loss.
3. SETTLEMENT AUTHORITY
Settlement authority within the MRL shall be defined in EXHIBIT A attached hereto and
referred to herein as the “Payment Guidelines”. Such Payment Guidelines will be
binding on the three parties, and incorporated into this Agreement, when executed by
the three parties. From time to time during the Term, the Payment Guidelines may be
adjusted by mutual agreement of the three parties, with each revised Payment
Guidelines superseding any previously adopted Payment Guidelines and becoming
binding on the three parties, and incorporated into this Agreement, when executed by
the three parties.
The TPA shall promptly notify both the MEMBER and the AUTHORITY in writing of any
claim where the total incurred value reaches 50% of the MRL.
4. ADMINISTRATIVE SERVICES
The TPA shall provide the following administrative services: (a) assignment of a Claims
Adjuster to the MEMBER; (b) provide the MEMBER and the AUTHORITY with monthly
reports which state the status of each claim, and the amount of outstanding reserves
and claim payments; and (c) provide the MEMBER and the AUTHORITY with a periodic
review of all open claims along with an explanation of the strategy for managing and
resolving the claims.
5. LEGAL AND SUPPORT SERVICES
948
The TPA shall provide the following legal and support services on each claim wherein
the claimant has commenced litigation: (a) Upon notification from the MEMBER that
litigation has been filed on an open claim, the TPA shall notify the MEMBER and in
accordance with the MEMBER’S instructions notify the AUTHORITY, as well as any
other applicable reinsurance and/or excess insurance provider, and/or trial attorney
assigned to handle the case and provide the aforementioned parties with all
information and files concerning the claim; (b) maintain liaison with the
aforementioned parties and provide such investigation services as are required by
such attorney during pre-trial and trial stages; and (c) assist the aforementioned
parties with discovery and other legal processes.
6. SUBROGATION SERVICES
For liability claims which are covered, handled and paid under the Excess Liability
Program, the TPA, where necessary, shall supervise and administer subrogation,
restitution and recovery for the MEMBER, represent the MEMBER in all matters related
to the investigation, collection processing, supervision and resolution of subrogation
claims against any responsible third parties.
7. TERM OF AGREEMENT
The Term of the Agreement (the “Term”) shall commence on July 1, 2023, and may be
terminated by any of the three parties to the Agreement pursuant to Section 12 herein.
This Agreement may be automatically renewed (extended) upon mutual agreement of
the three parties. Claims of the MEMBER shall be administered by the TPA for t he life
of the contract between the three parties; meaning, in the event that the contract is
terminated, commencing on the effective date of the termination, the TPA is no longer
responsible for administering the claims but shall comply with Section 13 herein
regarding the disposition of files upon termination of the Agreement.
8. PRICING
The MEMBER agrees to pay the AUTHORITY for claims handling and related services in
accordance with the fee schedule attached hereto as EXHIBIT B and the AUTHORITY
agrees to pay the TPA.
Revisions to the fee schedule are subject to approval by the AUTHORITY with appropriate
notice provided to the MEMBER. In addition to the fee schedule (EXHIBIT B), pass-
through expenses may be charged to the MEMBER, which are defined as claim-related
or claims adjustment expenses that are deemed by the MEMBER and the AUTHORITY
to be categorized as pass-through expenses; as opposed to routine expenses which are
charged to the claim file. The MEMBER agrees to pay for all reasonable and
supportable pass-through expenses incurred in connection with services provided
949
under this Agreement. The TPA agrees to obtain approval from the MEMBER and the
AUTHORITY for pass-through expenses. Charges for non-file-related professional
services performed at the specific request of the MEMBER will be billed on an as quoted
basis. Any expenses related to meeting attendance by Claims Adjusters or any other
representatives of the TPA shall be borne by the TPA. No TPA travel expenses shall be
charged to the MEMBER or to the AUTHORITY.
9. DATA PROCESSING AND OWNERSHIP OF RECORDS
The following standard services are included in the services provided pursuant to this
Agreement: electronic claims data for up to three recipients (periodic scheduled reports),
and access to the TPA’s electronic claims management system for up to three users. For
security purposes, access to the claims management system and any report subscriptions
will automatically terminate at the end of twelve (12) months. The MEMBER shall be
responsible for notifying the TPA to renew user subscriptions and access or to substitute
users. Additional users or report recipients shall be charged on a per person basis at an
annual fee of $250.
Custom reports and data feeds can also be requested. They are subject to a cost per
quote at a rate per project or per hour once the scope
has been agreed upon. Claim files and electronic records created and maintained by the
TPA are the property of the MEMBER . The TPA
does not possess any interest, title, lien, or right to any client data or records. Therefore,
upon termination of the contract, the TPA is relieved of all obligations to provide data
processing services to the MEMBER and to the AUTHORITY and will deliver to the
MEMBER and to the AUTHORITY all claim data and records
in a readily available excel and PDF format. If a
different format is desired by the MEMBER or the AUTHORITY, the TPA will provide it at
an agreed upon and reasonable cost and timeline.
10. MEMBER'S RESPONSIBILITIES
The MEMBER shall provide the TPA with copies of all relevant documents upon request
and without charge and shall make available any MEMBER employee for interviews by
the TPA at reasonable times concerning any investigation of a claim or incident pursuant
to this Agreement.
The AUTHORITY shall invoice the MEMBER for services rendered in accordance with the
fee schedule as set forth in this Agreement (EXHIBIT B). The AUTHORITY will invoice the
MEMBER as needed should there be any pass-through costs as noted in Section 8.
Pricing. All sums due shall be paid by delivery of the MEMBER’S check, or wire transfer
to the AUTHORITY’S offices located at the address set forth herein, within thirty (30)
days following the invoice date.
950
11. CONFLICT OF INTEREST
In the event a claim or incident is reported to the TPA by the MEMBER and it is
determined that the actual or potential claimants therein are also clients of the TPA, then
the TPA shall immediately notify both the MEMBER and the AUTHORITY of such potential
conflict of interest so that an alternative, independent investigator and adjuster may be
considered by the MEMBER and the AUTHORITY.
12. CANCELLATION OF AGREEMENT
a. Voluntary Termination. This Agreement may be terminated at any time by any of
the three parties, without cause, by giving the other parties not less than ninety (90)
days prior written notice of such termination.
b. Termination for Cause. This Agreement shall terminate at the election of the
MEMBER, the TPA, or the AUTHORITY if any party breaches any material provision
of this Agreement and fails to cure such breach within thirty (30) business days after
written notice thereof is given.
13. DISPOSITION OF FILES UPON TERMINATION OF AGREEMENT
a. All files on each claim shall be the property of the MEMBER.
b. In the event of expiration of this Agreement, non-renewal thereof, or cancellation, the
MEMBER agrees to pay any outstanding invoice for the annual fee on a pro-rated
basis, and in full for non-disputed, outstanding pass-through expense invoices.
Alternatively, the AUTHORITY shall reimburse the MEMBER, on a pro-rated basis, for
the portion of the annual fee that has not been earned. Upon receipt of payment of
outstanding invoices or along with issuance of a reimbursement, the AUTHORITY shall
notify the TPA to promptly forward all completed and pending claim files to the
MEMBER unless the MEMBER requests the TPA to continue to process any files on a
time and expense basis as provided for in the TPA'S Rate Manual at the time such
services are rendered.
c. The MEMBER agrees to pay separately for the external retaining, storing, retrieving,
logging, packing and shipping of files which are stored off premises by the TPA.
14. HOLD HARMLESS
a. MEMBER’S Indemnification Obligation. The MEMBER agrees it will indemnify,
defend and hold harmless the AUTHORITY, and the TPA and its affiliates, and their
respective officers, directors, employees, agents, attorneys, shareholders, and their
951
successors and assigns (collectively “TPA Indemnity”), from and against any loss,
claim, damage, cost or expense, including but not limited to reasonable attorney’s
fees and costs, that such TPA Indemnity may incur arising out of, in connection with,
or in any way related to the performance of the TPA’S duties and obligations under
this Agreement except claims resulting from or arising out of:
(i) acts the TPA performed in bad faith, TPA’s failure to act resulting in a breach
of TPA’s duties and obligations under this Agreement, and/or TPA’S
negligence, gross negligence or willful misconduct; or
(ii) acts of the TPA which exceed the authority granted to it by the MEMBER
under this Agreement; or
(iii) acts or failures to act of the TPA which are not in compliance with lawful
written instructions issued by the MEMBER to the TPA provided such
instructions are consistent with the scope, objectives and terms of this
Agreement.
b. TPA’S INDEMNIFICATION OBLIGATION. The TPA agrees it will indemnify, defend
and hold harmless the AUTHORITY, the MEMBER and its respective affiliates, and
their respective officers, directors, employees, agents, attorneys, shareholders, and
their successors and assigns (collectively “MEMBER Indemnity”), from and against
any loss, claim, damage, cost or expense, including but not limited to reasonable
attorney’s fees and costs, that such MEMBER Indemnity may incur resulting from or
arising out of:
(i) acts the TPA performed in bad faith, TPA’s failure to act resulting in a
breach of TPA’s duties and obligations under this Agreement, and/or
TPA’S negligence, gross negligence or willful misconduct. TPA agrees that
its duty to indemnify the MEMBER as provided herein includes any claims,
penalties or liabilities resulting from the negligence, omission or willful
misconduct of TPA related to TPA’s provision of Medicare notification
services as provided in Section 4(d).
(ii) acts of the TPA which exceed the authority granted to it by the MEMBER
under this Agreement; or
(iii) acts or failures to act of the TPA which are not in compliance with lawful
written instructions issued by the MEMBER to the TPA provided such
instructions are consistent with the scope, objectives and terms of this
Agreement.
c. Limitations on Indemnity Obligations. The indemnification obligations set forth in
this Agreement shall apply only to the extent such obligations solely relate to or
solely arise in connection with claims serviced by the TPA during the Term and under
the scope of this Agreement.
952
d. Survival of Obligations. The obligations of the parties set forth in this Section shall
survive termination of this Agreement.
15. AUDITS
The TPA’S files shall be made available for audits at any time upon reasonable notice
from the MEMBER or the AUTHORITY. Reasonable notice shall be defined as thirty (30)
days or as otherwise agreed to by the parties. If special retrieval or shipment of the
requested files is necessary, the MEMBER or the AUTHORITY (whichever party initiates
the audit) shall reimburse the TPA at cost. The TPA reserves the right to reject an auditor
proposed by the MEMBER or the AUTHORITY if the proposed auditor may gain an unfair
competitive advantage over the TPA by conducting such an audit.
16. MISCELLANEOUS
a. Governing Law. This Agreement shall be construed and enforced in accordance
with and governed by the laws of the State of California.
b. Amendments, etc. Neither this Agreement nor any of the terms hereof may be
amended, changed, waived, discharged or terminated except by an instrument in
writing signed by the three parties hereto.
c. No Waiver. No delay on the part of any party hereto in exercising any right, power or
privilege hereunder shall operate as a waiver thereof; nor shall any waiver on the part
of any party hereto of any such right, power or privilege, or any single or partial
exercise of any such right, power or privilege, preclude any further exercise thereof
or the exercise of any other right, power or privilege.
d. Severability. If any part of this Agreement is contrary to, prohibited by or deemed
invalid under, any applicable law of any jurisdiction, then such provision shall, as to
such jurisdiction, be inapplicable and deemed omitted to the extent so contrary,
prohibited or invalid, without invalidating the remainder hereof or affecting the
validity or enforceability of such provision in any other jurisdiction.
e. Independent TPA. At all times during the term of this Agreement, the TPA shall be
deemed to be an independent TPA to the MEMBER and to the AUTHORITY acting in
the capacity as the MEMBER’S and the AUTHORITY’S agent subject to the limited
authority granted herein. Nothing contained in this Agreement shall be deemed to
create the relationship of employer and employee, partners, or joint ventures
between the MEMBER and the TPA or the AUTHORITY. The TPA shall not act as an
insurer, nor shall it be ultimately financially responsible for payment or satisfaction of
953
Claims or causes of action against the MEMBER or the AUTHORITY.
f. Current Law & Regulation. This Agreement is entered into with the understanding
that existing Federal, State or other jurisdictional regulations will remain in effect for
the duration of this Agreement. The MEMBER agrees that should administrative or
other costs of service provided hereunder be substantially increased as a result of
modifications in existing law, enactment of new legislation, or promulgation of new
administrative guidelines, the TPA service fees may be renegotiated during the
Agreement Term. If revised fee agreements cannot be reached, the TPA may
terminate this Agreement, at its option, after ninety (90) days written notice to both
the MEMBER and the AUTHORITY.
g. Counterparts. This Agreement may be executed simultaneously in three
counterparts, each of which when so executed and delivered shall be deemed an
original, but all of which together shall constitute one and the same instrument, and
all signatures need not appear on any one counterpart. A facsimile, copy or other
reproduction of this Agreement may be executed by any party and delivered by such
party by facsimile or other electronic transmission including e-mail, and such
execution and delivery shall be considered valid, binding and effective for all
purposes.
17. ROLE OF AUTHORITY
The AUTHORITY is party to this Agreement for the purpose of providing oversight of
the contractual relationship between the MEMBER and the TPA for the benefit of the
MEMBER. The role of the AUTHORITY is to ensure that the MEMBER receives excellent
customer service from the TPA and to ensure that the TPA remains in compliance with
industry best practices for liability claims administration in accordance with
Performance Standards described herein. It is also the role of the AUTORITY to
negotiate fair and reasonable pricing for services rendered under this Agreement on
behalf of the MEMBER, which means the fee schedule attached hereto as EXHIBIT B is
established in consultation with both the MEMBER and the TPA but is ultimately
determined by the AUTHORITY at its sole discretion.
The AUTHORITY is also responsible for exercising any delegated settlement authority
conferred to it by the MEMBER pursuant to the Payment Guidelines attached hereto as
EXHIBIT A. The AUTHORITY is also responsible for ensuring that the administration of
the self-insurance program remains in compliance with the terms and conditions of the
AUTHORITY’S Memorandum of Coverage for the Excess Liability Program in which the
MEMBER participates.
18. NO UNDUE INFLUENCE
954
The TPA declares and warrants that no undue influence or pressure is used against or
in concert with any officer or employee of the MEMBER or the AUTHORITY in
connection with
the award, terms or implementation of this Agreement, including any method of
coercion, confidential financial arrangement, or financial inducement. No officer or
employee of the MEMBER or the AUTHORITY will receive compensation, directly or
indirectly, from the TPA, or from any officer, employee or agent of the TPA, in
connection with
the award of this Agreement or any work to be conducted as a result of this
Agreement. Violation of this Section shall be a material breach of this Agreement
entitling the
MEMBER or the AUTHORITY to any and all remedies at law or in equity.
19. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No officer, or employee of the MEMBER or the AUTHORITY, or their designees or
agents, and
no public official who exercises authority over or responsibilities with respect to the
Agreement during his/her tenure or for one year thereafter, shall have any interest,
direct or
indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be
performed in connection with the work performed under this Agreement.
20. ASSIGNMENT
The TPA shall not assign, transfer, or pledge any portion of its interest in this Agreement
without the written consent of both the MEMBER and the AUTHORITY.
21. NOTICES
Any notices which any of the three parties may desire to give to one or more of the
other parties
under this Agreement must be in writing and addressed to the mailing address of
the party as set forth below or as may be later designated by notice:
To MEMBER: City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA. 90254
Attn: Human Resources/Risk Management
To TPA: Carl Warren & Company
P. O. Box 25180, Santa Ana, CA 92799
Attn: Corporate Secretary
955
To AUTHORITY: California Joint Powers Insurance Authority
8081 Moody St, La Palma, CA 90623
Attn: Custodian of Records
22. INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of this Agreement, the TPA will
maintain insurance in conformance with the requirements set forth below. The TPA will
use existing coverage to comply with these requirements. If that existing coverage does
not meet the requirements set forth here, the TPA agrees to amend, supplement or
endorse the existing coverage to do so. The TPA acknowledges that the insurance
coverage and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to the MEMBER and the AUTHORITY
in excess of the limits and coverage required in this agreement and which is applicable to
a given loss, will be available to the MEMBER and the AUTHORITY.
The TPA shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office “Commercial
General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be
paid in addition to limits. There shall be no cross-liability exclusion for claims or suits by
one insured against another. Limits are subject to review but in no event less than
$2,000,000 per occurrence.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol
1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be
less than $1,000,000 per accident. If the TPA owns no vehicles, this requirement may be
satisfied by a non-owned auto endorsement to the general liability policy described
above.
Workers Compensation on a state-approved policy form providing statutory benefits as
required by law with employer’s liability limits no less than $1,000,000 per accident or
disease.
Excess or Umbrella Liability Insurance (Over Primary) shall provide coverage of $4,000,000
per occurrence and in the aggregate. Any such coverage provided under an umbrella
liability policy shall include a drop-down provision providing primary coverage above a
maximum $25,000 self-insured retention for liability not covered by primary but covered
by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense
costs payable in addition to policy limits. Policy shall contain a provision obligating
insurer at the time insured’s liability is determined, not requiring actual payment by the
insured first. There shall be no cross-liability exclusion precluding coverage for claims or
suits by one insured against another. Coverage shall be applicable to the MEMBER and
956
the AUTHORITY for injury to employees of the TPA, or others involved in work performed
under this Agreement. The scope of coverage provided is subject to approval of the
MEMBER and the AUTHORITY following receipt of proof of insurance as required herein.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on
a policy form coverage specifically designed to protect against acts, errors or omissions
of the TPA and “Covered Professional Services” as designated in the policy must
specifically include work performed under this Agreement and shall have a limit of no less
than $5,000,000 per occurrence and in the aggregate.
Cyber Liability insurance with at least a $3,000,000 policy limit per occurrence and in the
aggregate. The policy must “pay on behalf of” the insured and must include a provision
establishing the insurer’s duty to defend. The policy retroactive date shall be on or before
the effective date of this Agreement.
Insurance procured pursuant to these requirements shall be written by insure rs that are
authorized carriers in the state of California and with an A.M. Best rating of A - or better
and a minimum financial size VII.
General conditions pertaining to provision of insurance coverage by the TPA. The TPA,
MEMBER, and AUTHORITY agree to the following with respect to insurance provided by
the TPA:
a. The TPA agrees to have its insurer endorse the third -party general liability coverage
required herein to include as additional insured, the MEMBER and the AUTHORITY, their
officials, employees and agents. The TPA also agrees to require all contractors and
subcontractors to do likewise.
b. No liability insurance coverage provided to comply with this Agreement shall prohibit
the TPA, or TPA’s employees, or agents, from waiving the right of sub rogation prior to a
loss. The TPA agrees to waive subrogation rights against the MEMBER and the
AUTHORITY regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
c. All insurance coverage and limits provided by the TPA and available or applicable to
this Agreement are intended to apply to the full extent of the policies. Nothing contained
in this Agreement or any other agreement relating to the MEMBER or the AUTHORITY or
their operations limits the application of such insurance coverage.
d. None of the coverage required herein will be in compliance with these requirements if
they include any limiting endorsement of any kind that has not been first submitted to
and approved by both the MEMBER and the AUTHORITY in writing.
957
e. No liability policy shall contain any provision or definition that would serve to eliminate
so-called “third-party action over” claims, including any exclusion for bodily injury to an
employee of the insured or of any contractor or subcontractor.
f. All coverage types and limits required are subject to approval, modification and
additional requirements by the MEMBER and the AUTHORITY, as the need arises. The
TPA shall not make any reductions in scope of cover age (e.g., elimination of contractual
liability or reduction of discovery period) that may affect protection for either the
MEMBER or the AUTHORITY without prior written consent.
g. Proof of compliance with these insurance requirements, consisting of cert ificates of
insurance evidencing all of the coverage required and an additional insured endorsement
to the TPA’s general liability policy, shall be delivered to the MEMBER and to the
AUTHORITY at or prior to the execution of this Agreement. In the event such proof of any
insurance is not delivered as required, or in the event such insurance is canceled at any
time and no replacement coverage is provided, the MEMBER and the AUTHORITY has the
right, but not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid by the
MEMBER or the AUTHORITY shall be charged to and promptly paid by the TPA or
deducted from sums due to the TPA.
h. Certificate(s) are to reflect that the insurer will provide a 30-day notice to the MEMBER
and to the AUTHORITY of any cancellation of coverage. The TPA agrees to require its
insurer to modify such certificates to delete any exculpatory wording stating that failure
of the insurer to mail written notice of cancellation imposes no obligation, or that any
party will “endeavor” (as opposed to being required) to comply with the requirements of
the certificate.
i. It is acknowledged by the parties of this Agreement that all insurance coverage required
to be provided by the TPA or any subcontractor, is intended to apply first and on a
primary, non-contributing basis in relation to any other insurance or self-insurance
available to either the MEMBER or to the AUTHORITY.
j. The TPA agrees to ensure that subcontractors, and any other party involved with the
project who is brought onto or involved in the project by the TPA, provide the same
minimum insurance coverage required of the TPA. The TPA agrees to monitor and review
all such coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. The TPA agrees that upon
request, all agreements with subcontractors and others engaged in the project will be
submitted to the MEMBER and the AUTHORITY for review.
k. The TPA agrees not to self-insure or to use any self-insured retentions or deductibles
on any portion of the insurance required herein and further agrees that it will not allow
958
any contractor, subcontractor, Architect, Engineer or other entity or person in any way
involved in the performance of work on the project contemplated by this Agreement to
self-insure its obligations to the MEMBER or to the AUTHORITY. If the TPA’s existing
coverage includes a deductible or self-insured retention, the deductible or self-insured
retention must be declared to the MEMBER and to the AUTHORITY. Deductibles or self-
insured retentions shall not exceed the first $75,000 of any loss.
l. The MEMBER and the AUTHORITY reserve the right at any time during the term of the
contract to change the amounts and types of insurance required by giving the TPA ninety
(90) days advance written notice of such change. If such change results in substantial
additional cost to the TPA, the MEMBER and the AUTHORITY will negotiate additional
compensation proportional to the increased benefit to the MEMBER and the AUTHORITY.
m. For purposes of applying insurance coverage only, this Agreement will be deemed to
have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Agreement.
n. The TPA acknowledges and agrees that any actual or alleged failure on the part of the
MEMBER or the AUTHORITY to inform the TPA of non -compliance with any insurance
requirement in no way imposes any additional obligations on the MEMBER or the
AUTHORITY nor does it waive any rights hereunder in this or any other regard.
o. The TPA will renew the required coverage annually as long as the MEMBER an d the
AUTHORITY, or their employees or agents face an exposure from operations of any type
pursuant to this Agreement. This obligation applies whether or not the Agreement is
canceled or terminated for any reason. Termination of this obligation is not effective until
the MEMBER and the AUTHORITY execute written statements to that effect.
p. The TPA shall provide proof that policies of insurance required herein expiring during
the term of this Agreement have been renewed or replaced with other policies providing
at least the same coverage. Proof that such coverage has been ordered shall be submitted
prior to expiration. A coverage binder or letter from the TPA’s insurance agent to this
effect is acceptable. A certificate of insurance and/or additional insured endorsement as
required in these specifications applicable to the renewing or new coverage must be
provided to the MEMBER and the AUTHORITY within five days of the expiration of the
coverage.
q. The provisions of any workers’ compensation or similar act will not limit the obligations
of the TPA under this Agreement. The TPA expressly agrees not to use any statutory
immunity defenses under such laws with respect to the MEMBER or the AUTHORITY, their
employees, officials and agents.
959
r. Requirements of specific coverage features, or limits contained in this section are not
intended as limitations on coverage, limits or other requirements or as a waiver of any
coverage normally provided by any given policy. Specific reference to a given coverage
feature is for purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be limiting or all-inclusive.
s. The TPA agrees to be responsible for ensuring that no contract used by any party
involved in any way with this Agreement reserves the right to charge the MEMBER,
AUTHORITY, or TPA for the cost of additional insurance coverage required by this
Agreement. Any such provisions are to be deleted with reference to the MEMBER and
the AUTHORITY. It is not the intent of the MEMBER or the AUTHORITY to reimburse any
third-party for the cost of complying with these requirements. There shall be no recourse
against the MEMBER or the AUTHORITY for payment of premiums or other amounts with
respect thereto.
t. The TPA agrees to provide immediate notice to both the MEMBER and the AUTHORITY
of any claim or loss against the TPA arising out of the work performed under this
Agreement. The MEMBER and the AUTHORITY assume no obligation or liability by such
notice but have the right (but not the duty) to monitor the handling of any such claim or
claims if they are likely to involve either the MEMBER or the AUTHORITY.
23. PERFORMANCE STANDARDS
The AUTHORITY in its capacity under the Agreement to provide oversight, supports and
advocates industry best practices for liability claims administration. The following
standards detail performance expectations of the TPA in providing excellent customer
service to the MEMBER and to the AUTHORITY.
Communication
For reporting claims and significant incidents, the TPA shall maintain:
An 800 telephone number
A facsimile telephone number
A designated email address
A 24-hour emergency telephone number
In response to MEMBER and AUTHORITY communications, the TPA
shall:
Return telephone calls within one business day
960
Account
Management
Respond to written correspondence within two business days
Respond to emails within one business day
Respond to calls to the 24-hour emergency number within 30
minutes
The TPA shall have a dedicated Manager responsible for all day to
day oversight of the Adjusters and other service team personnel. The
Account Manager will be responsible for:
Ensuring adherence to the performance standards set forth herein.
Performing Monthly Internal Auditing
Manage Claim Supervisors
Coordinating Training for account personnel
Oversight of the resolution of client service issues and complaints
Management of all litigated cases with indemnity reserve $100K and
above
The TPA shall also have an Executive Level Management employee
assigned to AUTHORITY-affiliated accounts on a part-time basis. This
person shall be available to AUTHORITY staff to discuss higher level
goals for the account such as contract renewals, compensation, major
staff revisions and other large-scale projects. This individual will also
be responsible for overseeing the performance of the Account
Manager.
Claim File
Management
The TPA shall create and reserve a claim file within three working days
of first report. Claims shall be assigned a severity index code,
regardless of liability, as follows:
Death
Brain damage
Substantial burns
Substantial disfigurement
Amputation
Blindness
Comatose
Spinal cord injuries involving any degree of paralysis
961
Inverse condemnation
Libel or Slander involving litigation
Class action lawsuit
Civil Rights Actions
Employment Practices Liability
Dislocation Fractures
The TPA shall maintain a diary system to ensure case review within
the first 30 days of file creation, and every 90 days thereafter.
The Account Manager shall have access to and monitor the Adjusters’
diary via an electronic overdue diary report received weekly.
Appropriate action shall be taken by the Account Manager to bring
any offending Adjusters current.
Claim files shall include file notes; Adjuster Reports, and investigation
documentation in support of recommended action. Litigation
Management Plans on all litigated matters, all correspondence, claim
code changes, defense counsel status reports, the TPA supervisorial
direction, and file closing reports or explanatory closing notes. All
written correspondence shall be uploaded to “The Cloud”, an
electronic document retention database, maintained by a third-party
vendor. File notes narrative shall be concise and understandable.
Narrative shall reflect the claim status with a synopsis that includes
but not limited to:
Loss description
Liability
Damages
Reserves
Payments
Potential recoveries
Overlap with other Authority programs
Supervision All claims shall be assigned to a TPA supervisor with the following
responsibilities:
Review files and provide direction to Adjusters
Analyze key issues and recommend resources
Maintain diaries to monitor file progress
Recommend and approve all payments
Reclassify claims that change in exposure
962
Document TPA supervisor activities
Manage caseload of up to 100 litigated files (suffixes)
Ensure proper coding of Adjuster files and their own
Ensure proper reporting of qualifying claims to excess insurance
carriers
Ensure that reserves on all claims under their supervision maintain
an indemnity reserve that properly reflects the exposure and
document that analysis.
Ensure that expense reserves mirror the amount of the approved
Case Budget from Defense Counsel.
Investigation The TPA shall investigate all claims for liability and damages using
effective case management with cost containment measures.
Attempt voice contact with claimant(s) within one working day of
receipt of the first report. Make face contact when warranted. If
there is no response, follow-up with written or electronic contact
immediately.
Make voice, written, or electronic contact with claimant’s
designated representative or attorney within one working day of
receipt of first report of incident. Make face contact if warranted.
Make voice, written, or electronic contact with member within one
working day of receipt of first report of incident. Make face
contact if warranted.
When warranted by damages and liability, take statements and
collect documentation promptly.
When justified, inspect alleged property damage within five
working days of receipt of first report of incident from member
Assess Liability
The TPA shall investigate and identify the legal basis on which the
claimant has a cause of action, as follows:
Determine the legal elements the claimant must prove to recover.
Identify the potential defenses for each liability theory.
Determine if contribution or indemnification from other tort
feasors applies.
Assess the contractual liability of involved parties and determine
if indemnity provisions in a contract are valid and enforceable.
Explore applicable contracts, such as construction contracts and
encroachment permits.
963
Where applicable, tender the defense and indemnity to the
appropriate party, and follow up on the request a minimum of
every 30 days.
The TPA shall gather information to resolve or defend liability issues,
as follows:
Promptly interview the MEMBER, claimant, and independent fact
witnesses. Obtain statements to support facts relevant to the
claimant’s theories of liability or the member's defenses.
Investigate facts to determine liability.
Preserve evidence or testimony through statements, photographs,
video, diagrams, surveys etc. Conduct site inspections. Obtain
police, weather or other reports to clarify the facts. Assist in
determining or mitigating the exposure.
Identify, notice, and pursue potential tort feasors resulting from
the investigation.
If necessary, retain expert opinion to mitigate liability or enhance
defenses. The TPA must weigh the cost of the expert with the
potential impact on indemnity payout.
Causation and
Damages
The TPA shall determine the extent of injury and damages early in the
case, as follows:
Obtain medical authorizations from the claimant or the claimant's
attorney and contact vendors and health care providers for
information.
Determine legally allowable damages.
Review medical documentation to determine the extent of
disability, cause of injury, and whether lost work time was
medically substantiated. Extensive medical information may not
be needed if the first-call case settlement is nominal.
Ascertain if the diagnosis is consistent with the trauma such as a
slight impact in auto bodily injury cases. Develop the likely
prognosis for each injury.
If a health care provider re-priced medical bills in delivering
claimant benefits, use the re-priced value in the claim evaluation.
Determine the level of documentation appropriate to the injury.
Obtain medical provider notes and claimant medical history, when
warranted. Obtain wage verification and income tax records,
when warranted.
Develop the scope and proximate cause of property damage.
964
Determine the fair market value (not replacement cost) to assess
property damage. This may include a vehicle appraisal or
estimates on small losses. Obtain expert opinion for unusual or
complex damages.
Review all auto claim charges, such as storage and rental.
The TPA shall deduct for unrelated, prior, or subsequent injury or
damage, as follows:
Research alternate causes for the injury or damage.
Use the CIB system to obtain prior and subsequent loss
information and identify potential tort feasors and carriers.
Index bodily injury claims. Re-index CIB on files open longer than
six months.
Evaluate diagnostic and curative charges.
Use independent medical examinations and medical record
reviews to mitigate damages.
Consider depreciation, salvage, betterment, and pre-existing
damage to determine the fair market value of property damage.
Reserves Reserves shall reflect the best estimate of a claim's ultimate value,
based on jurisdictional factors that influence the outcome. The TPA
shall develop an accurate reserve by investigating factors affecting
the value including:
Liability
Damage related issues
Nature and extent of injury
Permanency
Anticipated medical treatment and cost
Claimant’s occupation and age
Anticipated length of disability
Lost earnings
Property damage
Anticipated defense costs
The TPA shall establish an initial reserve upon receipt of the claim,
and maintain adequate reserves as follows:
Adjuster will review the reserve within 72 hours and adjust as
necessary.
965
Supervisor shall review the reserves within 30 days of file creation
to determine the need for subsequent reserves, and every 90 days
thereafter.
Adjust the reserves when new information changes the claim's
value.
Document file notes when setting reserves and also when
changing reserve. Notify the AUTHORITY’S Liability Program
Manager within two business days when the total incurred value
exceeds 50% of the Member Retained Limit.
Evaluation and
Settlement
The TPA shall evaluate and pursue settlement opportunities and
utilize structured settlements and litigation alternatives when
possible. The TPA shall assess coverage, liability, causation, and
damages to determine the overall value. The TPA settlement
authority levels are stipulated in EXHIBIT A attached hereto.
The TPA shall document in the file notes that settlement authority was
obtained before negotiating settlements. The TPA shall obtain
written authority from the AUTHORITY’S Liability Program Mana ger
should the settlement amount exceed 50% of the MEMBER’S self-
insured retention.
The TPA shall report all CCP 998 Offers to Compromise made by
plaintiffs exceeding the settlement authority to the AUTHORITY’S
Liability Program Manager within two business days.
The TPA will conclude settlements by adhering to the following:
Request settlement checks within three days of receiving a signed
release. In the case of litigated cases, a signed Request for
Dismissal will also be obtained.
Mail settlement checks to the claimant or plaintiff’s attorney
directly within ten days of receipt of required releases.
Close claim files within 30 days of settlement check being mailed
or defense counsel’s final legal billing having been provided.
Litigation
Management
When the TPA receives a lawsuit, a pre-litigation review form shall be
completed by the Supervisor and reviewed by the Client Relation
Manager within five working days of receipt. A completed Litigation
Management Plan will supplant the need for a Pre-Litigation Review
form if completed within 5 days of receipt of a lawsuit.
If a settlement opportunity exists upon receipt of a lawsuit, the TPA
will obtain an extension and begin efforts to settle. If the matter is
966
non-jurisdictional, the TPA will obtain a Declaration of Non -
Involvement from the MEMBER and present to the plaintiff attorney
with a CC §1038 notice in an effort to dismiss the MEMBER from the
litigation before incurring defense costs.
The TPA will create a litigation management plan for cases with no
immediate settlement opportunities. The TPA shall recommend
defense counsel, based on expertise and expected performance.
Approval for counsel will be given by the AUTHORITY’S Liability
Program Manager in consultation with the MEMBER.
Supervisor will manage the defense counsel and monitor the case
during litigation:
Prepare a letter of AUTHORITY’S direction to defense counsel
within four working days of selection, outlining the case work and
personnel assignment, providing brief facts and
recommendations for case handling, with a copy to the MEMBER.
Develop and document strategies with the defense counsel in
Litigation Management Reports and file notes.
Review and authorize defense attorney requests for discovery
work and other activity.
Provide a Litigation Management Plan to Liability Program
Manager and member risk management contact person within 90
days of case assignment and update every 90 days thereafter.
Maintain an Internet-accessible activities calendar with trial dates,
mediations, and alternative dispute resolution hearings.
Provide a specific notice with strategy and recommendations 90
days before trial and 45 days before an ADR setting.
Receive a case budget from defense counsel within 30 days of
assignment.
Adjust reserve to match the budget. Monitor the budget and
ensure that defense counsel is not exceeding the budget.
Withhold payments for legal billings exceeding the case budget.
THE TPA will not make payments until counsel submits an
amended case budget and justification for excess charges.
The AUTHORITY’S Liability Program Manager must approve all
Case Budgets exceeding $185,000 (for legal and expense only), for
the Primary Liability Program. For the Excess Liability Program,
the AUTHORITY’s Liability Program Manager must approve all
Case Budgets exceeding the MEMBER’s self-insured retention.
967
The TPA will review defense counsel billings for improper charges
including multiple attorneys performing the same task, attending
the same meetings, excessive charges for tasks, improper
expenses, or other charges The TPA deems inappropriate. The
TPA will document billing adjustments with correspondence to
defense counsel, and a copy to the AUTHORITY’S Liability Program
Manager.
Defense Counsel
Assignments
The TPA will ensure that defense counsel performs only work that is
necessary and appropriate for legal counsel. Defense counsel shall:
Provide a written opinion within 30 days of receipt of the case
that includes liability evaluation, exposure, verdict potential,
settlement value and settlement versus defense strategy.
Seek opportunities for settlement negotiations with cost-
effective resolutions.
Review and submit itemized legal bills for payment within 90
days.
Conduct in-person meetings with the TPA every six months to
review outstanding files.
Subrogation The TPA shall identify and report subrogation opportunities to the
AUTHORITY’S Liability Program Manager. The AUTHORITY’S Liability
Program Manager will then assign the subrogation matter and
discuss payment terms.
Reporting
The TPA shall report NEW severity indexed claims to the AUTHORITY
the first of each month in Excel format. The AUTHORITY will then be
able to review the claim documentation and reports on “The Cloud”,
an electronic document retention database, maintained by a third-
party vendor, if it so desires. The TPA will report severity claims
reserved in excess of 50% of the MEMBER’S self-insured retention to
the Executive Committee of the AUTHORITY every six months using
the adopted Excel format and will report Significant Incidents as
determined by the Account Manager to the Executive Committee
monthly for inclusion on the agenda to the Executive Committee.
Supervisor shall submit a Litigation Management Plan to the
AUTHORITY’S Liability Program Manager with a copy to the
MEMBER’S designated risk management contact within 90 days of
defense counsel assignment. Litigation events will dictate
subsequent reporting but at a minimum of every 90 days unless
968
waived by written approval from the AUTHORITY’S Liability Program
Manager. Certain other identified files may be exempted from this
requirement by written approval of the Liability Program Manager.
The TPA shall notify excess carriers of potential excess exposures in
compliance with policy documents governing coverage. Thereafter
the excess carriers will be kept advised as to the status of those claims
or cases with copies of claim and/or litigation reports.
The TPA will report all Medicare eligible claimants to CMS as is
required by MMSEA guidelines.
As part of claim reporting, the TPA Adjusters will make Loss
Prevention Recommendations where appropriate.
The TPA shall maintain online access to claims information via “The
Cloud”, an electronic document retention database maintained by a
third-party vendor.
The TPA shall alert the AUTHORITY when all litigated cases are
resolved, in order that the AUTHORITY may transmit an electronic
“Lessons Learned” report to defense counsel for completion. This
notification shall be when the case is resolved by way of settlement,
dismissal, motion, or trial. The TPA shall not wait until all other file
handling functions are complete to transmit the above noted email.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by
their duly authorized representatives as of the day and year first written above.
MEMBER
By ________________________________ Title _______________________________
Entity Name _________________________________________ Date _____________
969
TPA
By ________________________________ Title _______________________________
Entity Name _________________________________________ Date _____________
AUTHORITY
By ________________________________ Title _______________________________
Entity Name _________________________________________ Date _____________
EXHIBIT A
PAYMENT GUIDELINES
These Payment Guidelines are entered into between (1) CITY OF HERMOSA BEACH (the
“MEMBER)," (2) CARL WARREN & COMPANY (the "TPA"), and (3) CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY (the “AUTHORITY”), pursuant to that certain Third
Party Claims Administration Contract (the “Agreement”), dated July 1, 2023 between the
three parties, and is incorporated in, and subject to the Agreement.
This delegation of settlement authority within the Member Retained Limit may be
withdrawn or revised at the sole discretion of the MEMBER. These Payment Guidelines
shall become binding on the MEMBER, the TPA, and the AUTHORITY on the date that they
have been executed by each such party as set forth below.
DELEGATION OF SETTLEMENT AUTHORITY WITHIN THE MEMBER RETAINED LIMIT:
970
TO CARL WARREN & COMPANY $ 0
TO CALIFORNIA JOINT POWERS INSURANCE AUTHORITY $ 0
TOTAL SETTLEMENT AUTHORITY DELEGATED $ 0
OTHER PAYMENT INSTRUCTIONS AND PROCEDURES STIPULATED BY THE
MEMBER:
EXHIBIT B
FEE SCHEDULE
This Fee Schedule is agreed to by (1) CITY OF HERMOSA BEACH (the “MEMBER)," (2)
CARL WARREN & COMPANY (the "TPA"), and (3) CALIFORNIA JOINT POWERS
INSURANCE AUTHORITY (the “AUTHORITY”), pursuant to that certain Third-Party Claims
Administration Contract (the “Agreement”), dated July 1, 2023 between the three parties,
and is incorporated in, and subject to the Agreement.
The annual fee is stated below. The fee was calculated based on the City’s historical claim
volume and its mix of various claim types. Simple property damage claims were weighed
less than more complex claims such as employment practice liability claims and litigated
claims which require more time and expertise to administer. The annual fee is based on the
assumption that the City’s claim volume will be similar to its historical claim volume during
the contract period.
In addition to the annual fee, pass-through expenses may be incurred as described in
section 8 (Pricing) of the Agreement. Additional fees may also be incurred if the MEMBER
requests other services beyond the scope of those described in the Agreement.
In the event that the actual claim volume, for any given year, varies from the projected claim
volume as stated below by 20% or more, then any of the three parties may request a fee
review which could result in additional charges to the MEMBER if there is higher-than-
971
expected claim volume, or refunds to the MEMBER if there is lower-than-expected claim
volume. This fee review provision requires mutual agreement by all three parties prior to
implementation.
Claim volume is defined as the total number of claims per year filed against the MEMBER
based on the date, they are reported to the TPA. Claim volume includes each individual
claimant, regardless of whether or not some claimants are grouped together under a single
occurrence for coverage purposes.
Projected Annual Claim Volume: 18
Annual Fee:
$ 22,100 2023-24 Due 7/15/2023
$ 22,800 2024-25 Due 7/15/2024
$ 23,500 2025-26 Due 7/15/2025
972
2022 Service Agreement
1
WORKERS' COMPENSATION SERVICE AGREEMENT
This Agreement is entered into by and between City of Hermosa Beach ("Client") and
Athens Administrators ("Administrator") this 1st day of July 2023.
RECITALS
WHEREAS Administrator provides claims administration services to California Clients subject to the
California Workers' Compensation Laws; and
WHEREAS Client desires to purchase Claims Administration Services from Administrator;
NOW THEREFORE, it is agreed:
This Agreement is between the Client and the Administrator to provide third party workers' compensation
claim administration services for Client in the State of California, subject to the terms stated below:
I. TERM, TERMINATION & FEES
1.1 Term:
The term of this agreement shall consist of an initial three (3) years and six (6) months commencing
on July 1, 2023. Both parties will also have the option of including two (2) individual one (1) year
amendments with pricing negotiated in good faith by both parties.
Fees:
When applicable, based on the retention level of the Client, Client will pay the Managed Care Fees
listed in Addendum A.
1.2 Termination:
a. Either party may terminate this Agreement, with or without cause and without penalty, as
defined below:
Without cause – Written notification by either party with 120 days notification.
With cause – Written notification by either party, outlining the reasons for the termination
of the agreement with 90 days’ notice.
b. Upon termination of this Agreement for any reason, a final accounting agreeable to both
parties will be made of fees payable to Administrator and a final accounting of any funds
belonging to Client then in the possession of Administrator, and any balance due either party
will be promptly paid over to the party entitled thereto.
c. All claim files, records, reports and other material pertaining to the employee claims subject
to this Agreement shall be the property of Client and shall be made available promptly to Client
upon termination of this Agreement.
973
2022 Service Agreement
2
d. Upon the effective date of any termination of this Agreement, all rights and obligations of the
parties under this Agreement shall cease except with respect to rights and obligations, which
have accrued or expressly survive termination.
II. ADMINISTRATOR DUTIES AND SERVICES
2.1 Administrator agrees to meet on a regular basis with Client to:
a. Develop procedures, forms, instructions, schedules and other materials related to claim
management, including a procedure manual for Client's use, within thirty (30) days of the
effective date of this Agreement and update such materials as needed.
b. Provide claim reporting kits including, but not limited to, claim and accident report forms,
required notices, and procedural instructions, for distribution by Client to Client's staff on or
before the effective date of this Agreement, and as needed thereafter.
c. Provide group education for Client's management personnel regarding claim management as
requested.
d. Assist Client's personnel in the development of directives, notices, and other program
communication to employees as requested or needed based on Administrators expertise and
suggestion.
e. Provide all forms and supplies necessary for the efficient operation of the Workers’
Compensation insurance program, including customized benefit checks bearing Client's name
and logo, and to prepare all legally required forms and documents including but not limited
to, 1099 reports to the I.R.S. and any and all other documents and reports now or in the future
required by the state or federal government or any other agency associated with Client's
Workers' Compensation program.
f. Work with Authority’s Finance Department and bank to establish controls.
g. Administrator agrees to attend two (2) in-person meetings per year. The Administrator’s
attendees will be mutually agreed to by the Administrator and the Client.
2.2 Administrator agrees to administer all claims as follows:
a. Establish and maintain a claim file, with a diary date not to exceed thirty (30) days, on each
active claim upon which indemnity benefits are being paid; A diary system not to exceed sixty
(60) days on all other open, active Indemnity claims; and a supervisory review diary not to
exceed one-hundred-twenty (120) days, or more often when needed.
b. Manage timely receipt of all pertinent claim information from Client providers and other
sources.
c. Determine, on behalf of Client for each reported employee injury or illness, those benefits, if
any that should be paid or rendered under the California Workers' Compensation Laws. Such
974
2022 Service Agreement
3
determination shall include an estimate of future claim payment. Retain outside services with
prior approval of Client, for the investigation and management of the claims. Outside services
include but are not limited to:
AOE/COE Investigators
Activities Check/Sub-rosa Investigator;
Medical Case Management and Rehabilitation Nurses/Consultants
Subrogation Investigators and Experts
d. Exhibit in each Indemnity claim file good faith efforts to contact all injured workers by
telephone within at least twenty-four hours of receipt of claim, and in no event any later than
forty-eight hours of receipt of claim, excluding weekends and holidays. Establish phone
contact with appropriate Client department for initial discussion of claims, as needed, within
three (3) working days of receipt of claim.
e. Initiate investigations, subject to approval by Client, to determine compensability of reported
and actual claim status. Client shall have prior approval of the selection of any investigator
used to investigate Client's claims of industrial injury or illness. Take necessary statements and
investigate facts of the case within thirty (30) days receipt of claim, when warranted.
f. Prepare documentation of cases for litigation and continue to monitor legal counsel
representing Client in legal action(s) and assist counsel as necessary in preparation of
litigation. Client shall select and approve counsel prior to each referral. In addition,
Administrator shall promptly provide Client with copies of all correspondence generated on
those claim files which are litigated and shall immediately notify Client in writing and shall
keep Client closely informed on those claims involving allegations of Serious and Willful
Misconduct or alleged violation(s) of California Labor Code Section 132(a). At time of case
referral to defense counsel administrator shall prepare a letter of direction to defense counsel
outlining work to be done, by whom, and in what time frame. All assignments, instructions
and communication with defense counsel must be documented in the claim file and computer
note pads. Administrator shall manage defense counsel on an ongoing basis and obtain status
reports from defense counsel every sixty (60) days. Administrator shall actively manage
litigated files and not perform functions and shall not require defense counsel to perform
activities which can be accomplished effectively by claims staff. Examples of required
examiner activity on litigated files include by are not limited to:
Scheduling medical appointments
Writing cover letters to doctors
Subpoenaing medical records
Answering applications
Filing and serving requisite documents
Administrator shall obtain defense counsels’ written evaluation within sixty (60) days of
submission, including evaluation of liability, verdict potential, settlement value, and case
strategy.
975
2022 Service Agreement
4
g. Disburse payment on behalf of Client out of the bank trust account funded by Client, all
"Allocated Loss Expenses", which is defined to include all costs incurred on behalf of Client
specifically related to an individual claim, including but not limited to, attorneys, independent
adjusters or investigators, expert witnesses, copying records or transcripts, court costs or
Appeals Board fees or other costs deemed proper and necessary to represent Client.
h. Examine on behalf of Client all reports of industrial injury or illness relating to Client's
employees or former employees and reported to Administrator and to conduct investigations
on such cases by Administrator's salaried employees as in Administrator's judgment is deemed
necessary.
i. Pay compensation, medical expense, "Allocated Loss Expense", and all other benefits as
prescribed by law out of funds provided by Client. Payments made by Administrator without
Client approval, where approval is required elsewhere in this Agreement, shall be the
responsibility of the Administrator.
j. Maintain a claim file on each reported claim which shall be available to Client at all times for
inspection and to conduct, at a time and frequency to be determined by Client, claim file
reviews with Client at either Client's or Administrator's offices.
k. Index Bureau System. On the Client’s behalf, Athens shall subscribe and report to the Index
Bureau System related to each claim. The costs of such reports will be allocated to each
individual claim file.
l. Create, reserve and enter required claim data into Administrator's computer system within
five (5) working days of receipt of notice of claim from Client. Enter all payments, reserved
revisions, and file closings into the information system within three (3) working days.
m. Review Client's medical bills and other medical charges and treatment relating to Client's
claims of industrial injury or illness, for causal relationship to all claims of injuries/illness, and
reasonableness of treatment prior to payment. Solicit all medical bills, medical reports and
records, and documentation of alleged wage loss prior to settlement negotiations.
n. Make all disability payments and send all notices in a timely manner, abiding by all applicable
provisions of the California Labor Code and California Workers' Compensation Laws, Rules and
Regulations.
o. Make payments of bills within thirty (30) days of receipt and assure timely review and payment
of all medical bills in accordance with statutory deadlines and requirements.
p. Acknowledge to Client all claims reported to Administrator within three (3) working days of
receipt of the notice of claim and to notify Client and injured workers within five (5) working
days of the notice of claim to Client, whether the claim has been accepted, delayed for further
investigation, or denied.
q. Convert all Medical Only Claims to Indemnity Claims status when the paid amount reaches five
thousand ($5,000) dollars or when the claim remains open in excess of one (1) year.
976
2022 Service Agreement
5
r. Recognize and where appropriate investigate all subrogation and/or contribution possibilities,
preserving evidence and utilizing appropriate investigators and experts, as needed, after first
obtaining Client’s permission to engage such investigators/experts. As respects subrogation
and contribution cases, any compromise settlements or lien reductions will be discussed with
the Client.
s. Administrator may receive compensation in connection with outsourced services, either by
retaining a portion of expenses charged to the Account, or by receiving fees from preferred
providers. The amount that Administrator receives will vary depending upon the preferred
provider, and may be calculated based on percentage of savings, percentage of revenue to the
provider or Administrators mark-up of provider fees. The amounts retained or received by
Administrator in connection with outsourced services are in addition to the basic fees,
reimbursable expenses, additional service fees, and the taxes paid to Athens by Company.
t. MSA Allocations/SCHIP Reporting – Athens has contracted with third party Verisk for Medicare
Set Aside allocations and State Children Health Insurance Program (“SCHIP”) reporting efforts.
Athens may exclusively utilize the services of Verisk for MSA allocations and SCHIP reporting
requirements unless otherwise requested in writing by Client.
2.3 Administrator agrees to monitor relevancy of medical treatment by the following:
a. Maintain continual contact with medical practitioners in order to monitor claimant treatment
process and a timely return to work. Administrator shall make a good faith effort to establish
contact with attending physician within twenty-four (24) hours of receipt of injury report and
shall make contact with attending physician's office within forty-eight (48) hours of receipt of
injury report and shall document such contact in the claim file.
b. Review and discuss Vocational Rehabilitation Program(s) with Client prior to its initiation for
an individual claimant.
c. Monitor individual vocational rehabilitation programs to determine appropriateness and
progress.
2.4 Administrator agrees to the following record keeping and reporting requirements:
a. Provide Client with monthly reports consisting of:
Daily check registers including all claim disbursements made on behalf of Client.
Computerized loss reports in an acceptable format as mutually agreed upon at the
effective date of this Agreement, showing descriptive data, details of each month's
payments, total payments, reserves and total experience and incurred loss values for
each claim.
977
2022 Service Agreement
6
Any and all other standard reports Administrator currently prepares, if desired by Client.
Additional reports required by Client, which are not currently a standard offering by
Administrator may be requested of Administrator per paragraph 2.7 above.
b. Provide oral claims reports on demand, special specific-focus loss run reports within twenty-
four (24) hours and larger or major computer analysis reports within seven (7) working days,
excluding weekends and holidays. It is further agreed and understood that should Client
require that Administrator prepare for Client special reports, which require additional
programming costs there may be an additional charge for said reports.
c. Maintain all records and statistical data on each employee claim of injury or illness,
including, but not limited to, a record of each denial, delay, litigated claim and loss, which
records, and data shall be available upon request by Client. Client, at Client's discretion, may
audit all records maintained by Administrator including, but not limited to, all payments
made on behalf of Client. Such audit may incorporate random sampling or other audit
procedures suitable to Client.
d. Prepare and submit Federal Information Return (Form 1099) by statutory deadline for
applicable payments made by Administrator on Client's behalf, during the term of this
Agreement and as specified under Section 1.02. (e) of this Agreement.
e. Prepare all other reports as necessary to remain in compliance with all Workers' Compensation
Laws and other state and federal laws, rules and regulations.
f. Provide report to Accounting Department of Client of all payments when made and any other
information necessary for Client to adequately fund the bank trust account. All such payments
shall be supported with check payment detail and monthly summary report showing all
payees, payment amounts and dates of payment.
g. Provide for Client the ability to be on-line with Administrator's computer system. This system
will provide Client with all financial and statistical data relating to Client's workers'
compensation claims, together with narrative topical "notepad" reports, on each individual
claim. This system will also include electronic mail service between Administrator and Client;
the ability to electronically transmit 5020’s (Client’s First Report of Industrial Injury/Illness);
OSHA Log generation; and complete report generation capabilities.
h. Special reports, new reports and data feeds can also be requested. They are subject to a cost
per quote at a rate per project or per hour (per paragraph 2.7) once the scope has been agreed
upon.
III. CLIENT'S DUTIES
3.1 Client agrees to perform as follows:
a. Within 5 business days, report to Administrator as they shall occur and become known to
Client, the employee claims of occupational injury, disease, illness, or death.
978
2022 Service Agreement
7
b. Within 5 business days, forward to Administrator all applications, notices of claims, notices
of hearings or other legal notices pertaining to claims against Client for occupational injury,
disease, illness, or death, and all other correspondence or information received by Client
which is or could be relevant to the efficient and proper handling of any reported claim of
industrial injury, disease, illness, or death.
c. Provide Administrator with all necessary data required for Administrator to perform under
this Agreement and cooperate fully with Administrator in the performance of this
Agreement.
d. Make available to Administrator funds for the payment of benefits or services to or for
occupational injury, disease, illness, death, or vocational rehabilitation and medical
treatment of employees of Client, or their dependents in the event of death, and "Allocated
Loss Expense". Administrator shall administer said funds in accordance with the terms of
this Agreement as Trustee of Client.
IV. ELECTRONIC CLAIM FILES, STORAGE, AND TRANSFER OF FILES
4.1 Files
Administrator shall record and maintain an electronic file of all industrial injuries reported. Files
may be maintained electronically, in hard copy, or in other media, at Administrator’s discretion.
Such files shall be made available to Client or its designated representative for inspection upon
request.
4.2 Storage
Physical Documents
If Client would like to transfer physical documents for active and closed claim files to
Administrator, Client must choose one of the following options to do so: 1) Storage -
Administrator will store the physical documents at an offsite third-party storage facility with the
direct costs passed-through, with no mark-up, to Client to pay on a quarterly basis; 2) Scan and
shred – Administrator will scan the physical documents received for Client’s active claims files and
shred them, at Administrator’s expense; closed claim file boxes will be scanned and shredded by
Administrator or third-party vendors hired by Administrator, for a cost to Client of $25 each box, to
be paid to Administrator by Client with the first invoice after receipt of boxes. Client will instruct
Administrator as to which option they choose, before sending the boxes to Administrator. If the
boxes are received by Administrator without Client’s instructions, Administrator will scan and shred
the documents and bill Client as noted in choice #2 in this paragraph.
Videos
If Client would like to transfer video files for active and closed claim files, to Administrator, Client
may transfer up to 1TB (terabyte) of video that Administrator will store at Administrator’s cost. For
any additional space utilized for video files, Administrator will bill Client $1 per GB (gigabyte) on a
monthly basis.
979
2022 Service Agreement
8
4.3 Transfer of Electronic Files
Administrator will provide Client’s files to Client, or an entity designated by Client, within 30
business days of the agreed upon transfer date of the files to the new Administrator. Client will
reimburse Administrator all reasonable costs incurred in returning the files to the Client. The
electronic files will be in the electronic form used by Administrator to provide the services to Client
under this Agreement. Client may request that the files be provided in a different format or that
the hard copies of the files be provided to it, provided that Client pays Administrator for all costs
associated with such request. Notwithstanding the foregoing, Administrator will not be obligated
to provide the files to Client, or an entity designated by Client, unless Client has paid Administrator
for all amounts owed pursuant to the Agreement. Client agrees to comply, and to require any
recipient of the files designated by it to comply, with all applicable laws and regulations relating to
the storage, transmission, use and confidentiality of the files and to hold Administrator harmless
in relation thereto, except for gross negligent acts of which the Administrator will be responsible.
4.4 Copies of Files
Administrator may, at its discretion keep a copy of Client’s files if it deems it necessary to comply
with or defend itself in relation to any obligation or rights that it has under this Agreement,
applicable laws or regulations.
4.5 Backup of Files
Administrator currently hosts all data in our claims administration system in an Amazon Virtual
Private Cloud (VPC). Communication between the Administrators end user’s laptop, computer and
our claims administration system in the VPC, is encrypted. The communications within the VPC are
encrypted, the data at rest in the Database is encrypted and Administrator performs daily back-
ups.
We pay an independent company to conduct a vulnerability scan and penetration test annually and
we engage an auding company to conduct a SOC 1, Type II audit annually.
V. FINES, PENALTIES, AND STANDARDS
5.1 All services as described in this Agreement shall be performed in accordance with all applicable laws,
rules and regulations of any and all governmental authorities and applicable standards, and specifically
performed in accordance with all applicable Workers' Compensation Laws of the State of California.
5.2 Administrator and Client acknowledge the obligations and penalties contained in the California
Workers' Compensation Reform Act of 1989 that may be imposed on both Clients and claim
administrators and agree to the following:
a. Penalties for errors or omissions caused by Client's failure to act or timely report claims or
issues to Administrator that create a delay in payment of benefits, incorrect payment of
benefits, or administrative fine(s) or penalty(s) shall be the responsibility of Client. Penalties
980
2022 Service Agreement
9
for errors or omissions caused by Administrator’s performance of services under this
contract that create a delay in payment of benefits, incorrect payment of benefits, or
administrative fine(s) or penalty(s) shall be the responsibility of Administrator.
b. Administrator shall provide Client with a quarterly accounting of penalties paid by
Administrator on behalf of Client including a description and detailed listing of each penalty
payment and the specific claim file to which the penalty payment was charged. Penalties,
which are computed by Administrator, shall be paid out of Client's benefit account and
Administrator shall then reimburse Client quarterly for those penalties, which are the
responsibility of Administrator under the terms and conditions of this Agreement.
c. Without limiting the provisions set forth in the above two paragraphs it is agreed that upon
receipt by Administrator of a notice of claim from Client, upon which indemnity benefits
shall be paid or notice given promptly to the employee in order to avoid late payment or
notice of benefit penalties, Administrator shall have ten working days (excluding weekends
and holidays) from the date of receipt of the claim from Client, to investigate and pay the
temporary disability or send the required wage continuation notice, and that failure on the
part of Administrator to do so within this time frame shall be the financial responsibility of
Administrator for any fine imposed for late notice or payment of benefits. Any fines or
penalties for late payment or notice of benefits on claims, which are received from Client
by Administrator on or, after the ninth working day following the date Client knew or
should have known about the claim(s) shall be the responsibility of Client.
d. Any controversy between the parties to this Agreement involving the construction or
application of the terms, provisions, or conditions of this Agreement relating to the
payment of penalties or fines shall be submitted to arbitration upon the written request of
one party, after service of that request upon the other party.
e. Arbitration and controversies relating to the payment of penalties or fines under this
Agreement shall comply with and be governed by the provisions of the California
Arbitration Act, as set forth at sections 1280 et. seq. of the California Code of Civil
Procedure.
f. Failing informal efforts between the parties to this Agreement to resolve disputes regarding
the payment of penalties or fines, each party shall appoint one person to hear and resolve
the dispute. These arbitrators, one appointed by each party, shall be known for the
purposes of this Agreement as "initial arbitrators". If the "initial arbitrators" are unable to
agree on a resolution of the dispute they shall then choose a third independent and
impartial arbitrator whose decision shall be final and conclusive on both parties.
g. If a dispute or arbitration under this Agreement is pending at a time when payment of the
disputed penalty(s) or fine(s) is either statutorily mandated or when failure to effect
payment will result in an increase in the fine or penalty, or an additional fine or penalty,
each party shall bear liability for one-half of the penalty(s) or fine(s) in dispute until such
time as the arbitration is concluded and liability for payment of the fine or penalty is finally
determined. Once determined, the party adjudged to be liable for the penalty(s) or fine(s)
981
2022 Service Agreement
10
shall reimburse the non-liable party for any portion of the penalty(s) or fine(s) the non-
liable party may have paid during the pendency of the arbitration.
5.3 Excess Coverage or Other Insurance
Administrator, as a part of the regular claims administration process, shall comply with the reporting
provisions, guidelines, and requirements imposed by the Client’s Excess Workers' Compensation
Insurance Carrier(s) and other carriers that may be involved in the administration of the Client’s
Workers' Compensation Program. However, Client as policyholder shall continue to be liable for all the
duties, requirements, obligations, and penalties subject to section 6.1 and 6.2 of this agreement
imposed by the Client's Carrier(s).
VI. DEFINITION OF "MEDICAL ONLY" AND "INDEMNITY" CLAIM
6.1 The definition of an "Indemnity Claim" shall be:
a. Any alleged work-related claim for which any of the following is claimed:
(1) Temporary Disability
(2) Permanent Disability
(3) Vocational Rehabilitation
(4) Life Pension
(5) Death
6.2 The definition of a "Medical Only" claim shall be:
a. Any alleged work-related injury or illness for which medical treatment is sought, the
claimant is not hospitalized, temporary disability does not exceed the waiting period as
defined by the Workers' Compensation Laws of California, and no other Indemnity benefits
are claimed.
VII. GENERAL PROVISIONS
7.1 Neither party shall assign this Agreement or any part hereof without the written consent of the other
party.
7.2 Each party agrees to indemnify, defend, and hold harmless the other against all actions, claims or
demands, and against all costs, expenses and attorneys' fees, arising directly or indirectly out of an
actual or alleged injury to a person or to property as an actual or alleged result of an act or omission
of the party or any of its shareholders, directors, officers, employees, Mayor, City Council or agents and
each party's obligation to so indemnify, defend and hold harmless the other shall survive the expiration
or earlier termination of this Agreement.
982
2022 Service Agreement
11
The provisions of the HIPPA Business Associate Agreement attached as an addendum to this contract
imposes obligation on the parties in addition to the paragraph above.
7.3 All notices or other communications under this Agreement shall be sent to the parties at the addresses
set forth below:
Client
City of Hermosa Beach
1315 of Hermosa Beach
Hermosa Beach, CA 93950
Attn: City Manager
Administrator
Athens Administrators
P.O. Box 696
Concord, CA 94533
Attn: James Jenkins
7.4. In the event either party hereto shall institute formal legal action, the prevailing party shall be entitled
to its reasonable attorneys' fees.
7.5 This Agreement may be amended at any time by mutual agreement of the parties, but any such
amendment must be in writing, dated, signed by the parties and attached hereto.
7.6. Any failure of a party to insist upon strict compliance with any term, undertaking or condition of this
Agreement shall not be deemed to be a waiver of such term, undertaking, or condition. To be effective,
a waiver must be in writing, and signed by the parties hereto.
7.7 This Agreement shall be governed by California law and any action arising out of it shall be instituted
and prosecuted only in the municipal or superior court of Contra Costa County, State of California.
7.8 This Agreement instrument constitutes the entire agreement between the parties. Any oral
representations or modifications concerning this Agreement shall be of no force and effect.
IN WITNESS WHEREOF: The Parties have hereto caused this Agreement to be executed by their duly
authorized representatives as of the day and year stated.
CITY OF HERMOSA BEACH
Signature
Title
Dated
983
2022 Service Agreement
12
ATHENS ADMINISTRATORS
Signature
Title
Dated
984
Prepared by:
ADDENDUM A
MEDICAL BILL REVIEW
Medical Fee Schedule Reduction (OMFS) $7.00 Per Bill
(Includes: Medical, Pharmacy and Supplies)
Hospital In and Out Patient Fee Schedule Reductions $600.00 Per Bill
PPO Network 23% of Savings
Specialty Bill Negotiations 20% of Savings with a $3,000 Per Bill Maximum Charge
Duplicate Bills No Charge
UTILIZATION REVIEW, CASE MANAGEMENT AND PHYSICIAN REVIEW
Utilization Review
Concurrent, Prospective and Retrospective Review $145 Flat Fee
UR appeals: Peer to Peer $300 Per Hour
Authorization Only $40 Flat Rate
Case Management
Telephonic Nurse Case Management 1 $124 Per Hour
Field Case Management1 $130 Per Hour + Travel and Mileage
Catastrophic Case Management1 $145 Per Hour + Travel and Mileage
1 Case Management Fees are subject to 3.50% annual increases on the anniversary date of the agreement.
Peer Review
Physician Peer Review $300 Flat Fee
Records Review $250 Per Hour
ADDITIONAL RELATED SERVICES
Pharmacy Benefits Management (PBM) Included
Pharmacy Drug Review $125 Per Hour
Central Index Bureau & First and Subsequent Report of Incident Reporting $25 Per
Claim Reporting Included
Predictive Modeling Included
MPN (Blue Cross) $5.75 Per Bill
CMS Reporting (Verisk) Included
New Loss Text Messaging to Injured Workers Included
Nurse Triage $170 Per Claim
985
Life of Contract
ADDENDUM A
1) Athens Administrators will invoice company for all basic fees on a monthly basis and such invoice shall be paid by company upon
receipt of invoice.
2) Claims will be handled for the life of the contract with no additional per claim fees. If you should decide to non-renew with Athens
Administrators, the existing open files can be handled in one of two ways.
a) Athens Administrators could continue to handle open files at our prevailing rates per year per open file.
b) Athens Administrators would return the files to the client at the clients expense
3) Account Administration includes the following:
a) Detailed status reports d) Banking Administration
b) Settlement authority set at $TBD e) Scheduled meetings/claim reviews
4) Data Management includes the following:
a) Monthly claim reporting by e-mail or website
b) Carrier report package by e-mail or website
5) Custom Report Creation: Access to Athens' complete report library is standard and included in fees. In the event client requires
custom reports to be created there will be a charge of $125 per hour to create custom report.
Definition of Allocated Expense: Shall include, but not be limited to:
Legal fees Managed care expenses
Professional photographs Medical examinations
Extraordinary cost for witness statements Extraordinary travel made at client's request
Medical records Court reports
Experts' rehabilitation costs Accident reconstruction
Fees for service of process Collection cost payable to third parties
Architects, Contractors and Engineers Outside investigations
Police, fire, coroner, weather, or other such Subrogation at 15% gross recovery
Property damage appraisals Property damage appraisals
Sub rosa investigations Index bureau filings
Official documents and transcripts Chemist
Pre-and post-judgment interest paid Claim intake fees
986
Page 1 of 9
CONTRACT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF HERMOSA BEACH AND ADMINSURE INC.
This AGREEMENT is entered into this 1st day of July 2023, by and between the CITY OF
HERMOSA BEACH, a general law city a municipal corporation (“CITY”) and ADMINSURE INC., a
California Corporation (“CONSULTANT”).
R E C I T A L S
A. The City desires to retain the services of the Consultant to administer a Workers'
Compensation Self-Insurance Program and General Liability Self-Insurance
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:
1 CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to
perform the work listed in the Independent Cities Risk Management Authority (ICRMA) Liability
Third Party Claim Administration Performance Standards and ICRMA Workers’ Compensation
Program Third Party Administrator Performance Standards, 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 Workers’ Compensation Claims
Administration fees at $149.74 (per open claim per month) for Indemnity Claims and $74.87
(per open claim per month) for Future Medical Claims/Medical Only Claims (or $500 per
month, whichever is greater), and General Liability Claims Administration fees at $112.30 (per
open claim per month, or $500 per month, whichever is greater); with a minimum 3% increase
each fiscal year 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 20th 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.
2 SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the
Independent Cities Risk Management Authority (ICRMA) Liability Third Party Claim Administration
987
Page 2 of 9
Performance Standards and ICRMA Workers’ Compensation Program Third Party Administrator
Performance Standards 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.
3 PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must
submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for
work that includes deliverables, the percentage of the task completed during the billing period
in accordance with the schedule of compensation incorporated in “Exhibit A.”
4 TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt
of a notice to proceed from the CITY and shall continue until all authorized work is completed to
the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,”
unless extended in writing by the CITY.
5 FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that
CONSULTANT has (a) thoroughly investigated and considered the scope of services to be
performed; (b) carefully considered how the services should be performed; and (c) understands
the facilities, difficulties, and restrictions attending performance of the services under this
Agreement.
6 KEY PERSONNEL. CONSULTANT’s key persons assigned to perform work under this Agreement
is Nicolas Bowers and Michael Reed. CONSULTANT shall not assign another person to be in charge
of the work contemplated by this Agreement without the prior written authorization of the City.
7 TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both
parties, with the initial term at 3 years with 2 optional years and may be extended upon mutual
agreement, unless earlier termination occurs under Section 11 of this Agreement, or this
Agreement is extended in writing in advance by both parties.
8 CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the
contract time will be adjusted accordingly. All such changes must be authorized in writing,
executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the
services will be determined in accordance with written agreement between the parties.
9 TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer
Identification Number.
10 PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this
Agreement all necessary permits, licenses, and certificates that may be required in connection
with the performance of services under this Agreement.
11 TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of termination shall be in writing.
CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before
the effective termination date.
In the event of such termination, the CONTRACTOR shall cease services as of the date of
termination, and all finished or unfinished documents, data, drawings, maps, and other
materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and
988
Page 3 of 9
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.
12 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 attorneys fees, expert
fees and all other costs and fees of litigation) of every nature arising out of or in connection with
CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations
contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or
damage which is caused by the sole active negligence or willful misconduct of the CITY. Should
CITY in its sole discretion find CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall
reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees,
expert fees and all other costs and fees of litigation. The CONSULTANT shall prom ptly 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 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.
13 ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s
attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are
prohibited and will be null and void.
14 INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an
independent contractor and will have control of all work and the manner in which is it performed.
CONSULTANT will be free to contract for similar service to be performed for other employers while
under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled
to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its
employees. Any provision in this Agreement that may appear to give CITY the righ t to direct
CONSULTANT as to the details of doing the work or to exercise a measure of control over the work
means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
15 AUDIT OF RECORDS. 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.
16 CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures
required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will
be given a reasonable amount of time as determined by the City to implement said corrective
989
Page 4 of 9
measures. Failure of CONSULTANT to implement required corrective measures shall result in
immediate termination of this Agreement.
17 INSURANCE REQUIREMENTS.
A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and
maintain, for the duration of the contract, the following insurance policies:
1. Workers Compensation Insurance as required by law. The Consultant shall require all
subcontractors similarly to provide such compensation insurance for their respective
employees. Any notice of cancellation or non-renewal of all Workers’ Compensation
policies must be received by the CITY at least thirty (30) days prior to such change. The
insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents,
employees, and volunteers for losses arising from work performed by the CONTRACTOR
for City.
2. General Liability Coverage. The CONSULTANT shall maintain commercial general
liability insurance in an amount of not less than two million dollars ($2,000,000) per
occurrence for bodily injury, personal injury, and property damage. If a commercial
general liability insurance form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the required
occurrence limit.
3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability
insurance covering bodily injury and property damage for all activities of the
CONSULTANT arising out of or in connection with the work to be performed under this
Agreement, including coverage for owned, hired, and non-owned vehicles, in an
amount of not less than one million dollars ($1,000,000) combined single limit for each
occurrence.
4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and
omissions liability insurance for protection against claims alleging negligent acts, errors,
or omissions which may arise from the CONSULTANT’S operations under this Agreement,
whether such operations 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 CONSU LTANT, 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
990
Page 5 of 9
maintained by the CITY, including any self-insured retention the CITY may have, shall
be considered excess insurance only and shall not contribute with this policy.
3. This insurance shall act for each insured and additional insured as though a separate
policy had been written for each, except with respect to the limits of liability of the
insuring company.
4. The insurer waives all rights of subrogation against the CITY, its elected or appointed
officers, officials, employees, or agents.
5. Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to the City, its elected or appointed officers, officials, employees, agents, or
volunteers.
6. The insurance provided by this policy shall not be suspended, voided, canceled, or
reduced in coverage or in limits except after thirty (30) days written notice has been
received by the CITY.
C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against
Contractor arising out of the work performed under this agreement. CITY assumes no
obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve CITY.
D. Any deductibles or self-insured retentions must be declared to and approved by the CITY.
At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment
of such deductibles or self-insured retentions.
E. The CONSULTANT shall provide certificates of insurance with original endorsements to the
CITY as evidence of the insurance coverage required herein. Certificates of such insurance
shall be filed with the CITY on or before commencement of performance of this
Agreement. Current certification of insurance shall be kept on file with the CITY at all times
during the term of this Agreement.
F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall
constitute a material breach of contract under which the CITY may terminate this
Agreement pursuant to Section 11 above.
G. The commercial general and automobile liability policies required by this Agreement shall
allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or
deductible of the policy in lieu of the Consultant (as the named insured) should Consultant
fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall
be subject to the approval of the City Attorney and the Finance Director. Consultant
understands and agrees that satisfaction of this requirement is an express condition
precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured
to pay its SIR or deductible constitutes a material breach of this Agreement. Should City
pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to
do so in order to secure defense and indemnification as an additional insured under the
policy, City may include such amounts as damages in any action against Consultant for
breach of this Agreement in addition to any other damages incurred by City due to the
breach.
18 USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use
any sub-consultants while performing any portion of this Agreement. Such approval must include
approval of the proposed consultant and the terms of compensation.
19 FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT
of the final payment made under this Agreement shall operate as and be a release of the CITY
from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished
991
Page 6 of 9
or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any
negotiation of the CITY’S check or the failure to make a written extra compensation claim within
ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY
shall not constitute, nor be deemed, a release of the responsibility and liability of the
CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of
the information provided and/or work performed; nor shall such approval or payment be
deemed to be an assumption of such responsibility or liability by the CITY for any defect or error
in the work prepared by the Consultant, its employees, sub-consultants and agents.
20 CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall
correct, at its expense, all errors in the work which may be disclosed during the City’s review of
the Consultant’s report or plans. Should the Consultant fail to make such correction in a
reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall
be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct
the cost of such correction from any retention amount held by the City or may withhold payment
otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction.
21 NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services
preformed within the current fiscal year are within the current fiscal budget and within an
available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for
payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover
payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY
appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal
year.
22 NOTICES. All communications to either party by the other party will be deemed made when
received by such party at its respective name and address as follows:
CITY CONSULTANT
City of Hermosa Beach
1315 Valley Drive
Hermosa Beach, CA 90254
ATTN: Vanessa Godinez
AdminSure Inc.
3380 Shelby Street
Ontario, CA 91764
ATTN: Alithia Vargas-Flores
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 o f
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.
992
Page 7 of 9
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.
23 ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this
Contract, agreements ancillary to this Contract, and related documents to be entered into in
connection with this Contract will be considered signed when the signature of a party is delivered
by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or
electronic mail copies will be treated in all respects as having the same effect as an original
signature.
24 FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood,
explosion, war, embargo, government action, civil or military authority, the natural elements, or
other similar causes beyond the Parties’ control, then the Agreement will immediately terminate
without obligation of either party to the other.
25 TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be
provided.
26 ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own
costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting
and execution of the Agreement, and all matters arising out of or connected th erewith 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.
27 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
993
Page 8 of 9
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.
28 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.
29 USE OF LOGO. The City grants the Consultant permission to use its name, logo and/or
trademark in deliverables produced by the Consultant on the behalf of the City, such as written
reports, presentation slides, press releases, social media graphics, and other public outreac h
materials. The CITY’s prior review of artwork and written approval is required for any use of CITY
logo. CITY will provide an electronic copy of the most current logo to the CONTRACTOR for use in
materials. The CONTRACTOR will, in turn, only use the most current logo of the CITY.
30 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 se rving in staff capacity in
accordance with the City’s Conflict of Interest Code.
City Initials ______
Consultant Initials ______
31 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
994
Page 9 of 9
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: Alithia Vargas-Flores, President
ATTEST:
95-3773318
Myra Maravilla, City Clerk Taxpayer ID No.
APPROVED AS TO FORM:
Patrick Donegan, City Attorney
995
2023 ANNUAL BOARD OF DIRECTORS MEETING
VOTING DELEGATE/ALTERNATE FORM
On an annual basis, the California JPIA asks members to update their information in order that we may
better serve you. If you have had a reorganization, please forward us your Notice of Reorganization with
your current governing body and your list of Appointments for the California JPIA Director and Alternate(s),
along with this form. In accordance with the Authority’s Bylaws, your governing body must designate one
voting delegate and at least one alternate. You may designate additional alternates. The voting delegate
must be a member of the governing body. Alternate(s) may be from the governing body or from staff.
Please note: In order to vote at the Annual Board of Directors Meeting, voting delegates and alternates must
be designated by your governing body. Please attach either your appointment list or minute action as proof
of designation. As an alternative, your agency may sign this form, affirming that the designation reflects the
action taken by the governing body.
1.VOTING DELEGATE - PRIMARY
Name:
Title:
2.VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE
Name: Name:
Title: Title:
If you have more than two alternates, please attach a separate sheet.
PLEASE ATTACH APPOINTMENT LIST DESIGNATING VOTING DELEGATE AND ALTERNATES.
OR
ATTEST: I affirm that the information provided reflects action by the governing body to designate the
voting delegate and alternate(s).
Name: Title: ______________________________
Email: ___ Phone: ________________________
Signature: Date: ______________________________
Please complete and return to:
By Mail: By Email:
California JPIA E-mail: vruiz@cjpia.org
ATTN: Veronica Ruiz
8081 Moody Street
La Palma, CA 90623
If you have questions or need assistance with the Board of Directors Certification or updating your governing
body information, please contact Agency Clerk Veronica Ruiz at (562) 467-8736 or vruiz@cjpia.org.
8081 Moody Street, La Palma, CA 90623 | www.cjpia.org | (562) 467-8700
AGENCY:
996
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 23-0358
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 2023
INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 2.76 TO THE HERMOSA BEACH
MUNICIPAL CODE RE-ESTABLISHING A CIVIL SERVICE BOARD
(City Attorney Patrick Donegan)
Recommended Action:
Staff recommends City Council:
1.Introduce and waive full reading and introduce by title only an Ordinance of the City Council of
the City of Hermosa Beach,California,adding Chapter 2.76 to the Hermosa Beach Municipal
Code Re-Establishing a Civil Service Board and determining the ordinance is not a project
under the California Environmental Quality Act (Attachment 1); and
2.Direct the City Clerk to publish a summary ordinance.
Executive Summary:
During the November 8,2022 General Municipal Election,Measure U was adopted by a majority of
the voters which repealed Ordinance No.N.S.211.Ordinance No.N.S.211 was adopted in June of
1960 by the voters and established a civil service system and personnel rules and regulations for the
City.The now-repealed ordinance also created a Civil Service Board.Now that the City has met and
conferred with the various labor groups and the City Council has approved the Hermosa Beach
Personnel Rules and Regulations for Civil Service Employees (“Personnel Rules”),the Civil Service
Board needs to be re-established to fulfill its duties in the current iteration of the Personnel Rules and
any future duties it may be allocated.
Background:
On June 7,1960,Ordinance No.N.S.211 was adopted by way of a ballot measure in order to
establish a civil service system and personnel rules and regulations for the City and was codified in
Chapter 2.76 of the Hermosa Beach Municipal Code.This Chapter established a Civil Service Board
and posited the duties and responsibilities of the Civil Service Board.During the November 8,2022
General Municipal Election,Measure U was placed on the ballot and passed by a majority vote of the
people. Measure U repealed Ordinance No. N.S. 211 in its entirety.
Since the November 2022 General Municipal Election,the City met and conferred in accordance with
the Meyers-Milias Brown Act with the City’s six labor groups regarding a new set of replacement
City of Hermosa Beach Printed on 6/8/2023Page 1 of 3
powered by Legistar™997
Staff Report
REPORT 23-0358
the Meyers-Milias Brown Act with the City’s six labor groups regarding a new set of replacement
personnel rules and regulations that reflect current Federal and State employment laws,policies,and
practices.
After a lengthy negotiation process,the City and its various labor groups came to agreements on
replacement personnel rules and regulations.At its May 23,2023 meeting,City Council adopted a
resolution approving the Hermosa Beach Personnel Rules and Regulations for Civil Service
Employees.These newly adopted Personnel Rules call for a Civil Service Board to review and
approve various job descriptions for the City.Further,additional responsibilities could be allocated to
the Civil Service Board if approved by the City Council and the various City labor groups as
applicable.
Past Board, Commission and Council Actions
Meeting Date Description
July 20, 2022 Civil Service Board unanimously voted (4-0) to support the
Repeal of Ordinance No. N.S. 211 (Attachment 2)
July 26, 2022 City Council approved placing a measure on the November
8, 2022 General Election Municipal Ballot asking voters to
repeal Ordinance No. N.S. 211 adopted in 1960 pertaining
to the City’s Civil Service System. (Attachment 3)
May 23, 2023 City Council adopted a resolution approving the Hermosa
Beach Personnel Rules and Regulations for Civil Service
Employees. (Attachment 4)
Analysis:
With the adoption of the updated Personnel Rules that reflect current Federal and State employment
laws,policies,and practices,a Civil Service Board is required.The newly approved Personnel Rules
direct the Civil Service Board to review and approve various job descriptions for the City.Additional
responsibilities could be allocated to the Civil Service Board if approved by the City Council and the
various City labor groups as applicable.
To fulfill the provisions of the Personnel Rules,the City’s Civil Service Board should be re-established
in the Hermosa Beach Municipal Code in the same manner as other subsidiary boards and
commissions.Staff recommends City Council introduce and waive first reading of an ordinance
establishing the Civil Service Board and its responsibilities is needed and is included as Attachment
1.
City of Hermosa Beach Printed on 6/8/2023Page 2 of 3
powered by Legistar™998
Staff Report
REPORT 23-0358
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s
General Plan. Relevant Policies are listed below:
Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.
Policy:
•1.2 Strategic planning.Regularly discuss and set priorities at the City Council and
management level to prioritize work programs and staffing needs.
Fiscal Impact:
The only fiscal impact associated with the recommended action is the staff time and resources to
hold and run future Civil Service Board meetings in compliance with the applicable Personnel Rules.
Attachments:
1.An Ordinance Adding Chapter 2.76 to the Hermosa Beach Municipal Code Re-Establishing a
Civil Service Board
2. Link to July 20, 2022 Hermosa Beach Civil Service Board Meeting Agenda
3. Link to July 26, 2022 Hermosa Beach City Council Staff Report
4. Link to May 23, 2023 Hermosa Beach 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 6/8/2023Page 3 of 3
powered by Legistar™999
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, ADDING CHAPTER 2.76 TO THE HERMOSA BEACH
MUNICIPAL CODE RE-ESTABLISHING A CIVIL SERVICE BOARD AND
DETERMINING THE ORDINANCE IS NOT A PROJECT UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”)
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. FINDINGS
A. On June 7, 1960, Ordinance No. N.S. 211 was adopted by way of a ballot
measure in order to establish a civil service system and personnel rules
and regulations for the City and was codified in Chapter 2.76 of the
Hermosa Beach Municipal Code.
B. During the November 8, 2022 General Municipal Election, Measure U to
repeal Ordinance No. N.S. 211 was placed on the ballot and passed by a
majority vote of the people.
C. During the interim, the City met and conferred in accordance with the
Meyers-Milias Brown Act with the City’s six labor groups regarding a new
set of replacement personnel rules and regulations that reflect current
Federal and State employment laws, policies, and practices.
D. At the May 23, 2023 City Council meeting, the City Council adopted a
resolution approving the Hermosa Beach Personnel Rules and Regulations
for Civil Service Employees.
E. These newly adopted Personnel Rules and Regulations for Civil Service
Employees call for a City Civil Service Board to review and approve the
various job classifications for the City. Further, additional responsibilities
could be allocated to the Civil Service Board if approved by the City
Council and the various City labor groups as applicable.
F. Thus, the need to re-establish the City’s Civil Service Board is required.
SECTION 2. Chapter 2.76 (Civil Service Board) of the Hermosa Beach Municipal
Code is hereby added as provided in Exhibit A, attached hereto and
incorporated herein by reference.
1000
Page 2 of 5 ORD NO. 23-
SECTION 3. Environmental Review. This Ordinance is not a project under the
California Environmental Quality Act pursuant to CEQA Guidelines section 15378
(b)(5) as an organization or administrative activity of the City that will not result in
direct or indirect physical changes in the environment.
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 are severable. The City Council declares that it would have
adopted this ordinance 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 .
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 Californi a law.
PASSED, APPROVED and ADOPTED on this 13th day of June, 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
1001
Page 3 of 5 ORD NO. 23-
EXHIBIT A
1002
Page 4 of 5 ORD NO. 23-
Chapter 2.76 Civil Service Board
Contents
2.76.010 Created – composition
2.76.020 Terms of members – vacancies
2.76.030 Meetings–quorum–powers and duties generally.
2.76.010 Created – composition.
A civil service board is hereby created, which shall consist of five members. The
members shall be qualified electors of the city and appointed by the city
council. The civil service board shall consist of those persons most recently
appointed as members of the previous civil service board at the time of
adoption of this chapter. The terms of the members under the previous civil
service board shall be reinstated and upon expiration, the city council shall
appoint a board member. Any member may be reappointed. No person shall
be appointed to the civil service board who holds any salaried public office or
employment with the city. No person, while a member of the civil service board,
shall be eligible for appointment to any office or employment with this city .
2.76.020 Terms of members – vacancies.
The members of the civil service board shall be appointed for a term of four
years. If a vacancy shall occur otherwise than by expiration of term, it shall be
filled by appointments by the city council for the unexpired portion o f the term.
Appointments shall be made pursuant to Government Code Section 54970 et
seq. Members serve at the pleasure of the city council and may be removed,
without cause, by a majority vote of the city council.
Two absences from regularly scheduled meetings of any member within one
calendar quarter, and/or four absences from regular meetings within one
calendar year creates an automatic vacancy. There shall be no distinction
between excused or unexcused absences. When an automatic vacancy
occurs, the staff liaison shall promptly notify the city council, the commission,
and the member. The automatic vacancy shall not be effective until council
receives notice and fails to waive application of this section. The city council
may waive application of the automatic vacancy upon its own motion;
otherwise, the vacancy so created shall be filled pursuant to this Chapter.
2.76.030 Meetings–quorum–powers and duties generally.
1003
Page 5 of 5 ORD NO. 23-
The civil service board shall determine the order of business for the conduct of its
meetings and shall meet regularly, if so required, by the Hermosa Beach
Personnel Rules and Regulations for Civil Service Employee s or any future rules
and regulations adopted by the City Council. Three members of the civil service
board shall constitute a quorum for the transaction of business.
The functions and duties of the civil service board shall be provided for in the
Hermosa Beach Personnel Rules and Regulations for Civil Service Employee s, as
amended or modified, and as directed by the City Council.
1004
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
23-0366
Honorable Mayor and Members of the Hermosa Beach City Council
Regular Meeting of June 13, 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 6/8/2023Page 1 of 1
powered by Legistar™1005
June 7, 2023
Honorable Mayor and Members Regular Meeting of
of the Hermosa Beach City Council June 13, 2023
TENTATIVE FUTURE AGENDA ITEMS
NO MEETING JUNE 27, 2023
(DARK)
JULY 11, 2023 @ 5:00 PM INITIAL
DATE CLOSED SESSION
JULY 11, 2023 @ 6:00 PM
PRESENTATIONS
HERMOSA BEACH CHAMBER OF COMMERCE PROVIDES FIESTA HERMOSA RECAP
CITY MANAGER REPORTS
Recognizing National Parks and Recreation Month
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
Approval of Special Event Long-term Agreements Community Resources Manager Staff Request
Dec. 19, 2022
Purchase of Electronic Citation Writers Police Chief Staff Request
May 26, 2023
Second Reading: Adopt Ordinance Establishing Permanent Outdoor Permit
Programs and Downtown Lane Reconfigurations and Accompanying
Resolutions
Environmental Programs Manager Council Direction
Jun. 13, 2023
Second Reading - Ordinance to re-establish a Civil Service Board in
accordance with new personnel rules
City Attorney/Human Resources
Manager
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
Public Hearing on the Annual Levy for the Sewer Charge and Engineer's
Report
Public Works Director Annual
Second Reading - Ordinance to adopt Title 32, Fire Code of the Los Angeles
County code
Community Development Director Council Direction
Jun. 13, 2023
1006
2
JULY 11, 2023 @ 6:00 PM INITIAL
DATE (CONTINUED)
MUNICIPAL MATTERS
Report on whether the Blue Star Marker Program would be applicable in
Hermosa Beach (supported by Detoy, Jackson and Saemann)
Community Resources Manager Council Direction
May 23, 2023
Economic Development Strategy Update Community Development Director Biannual
(Jan. and Jul.)
Consideration of purchasing additional Automated License Plate Readers Police Chief Staff Request
May 16, 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)
Public Works Director Council Direction
Mar. 28, 2023
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
TO BE RESCHEDULED – JULY 20, 2023
JOINT MEETING WITH ALL BOARDS AND COMMISSIONS
1007
3
JULY 25, 2023 @ 5:00 PM INITIAL
DATE CLOSED SESSION
JULY 25, 2023 @ 6:00 PM
PRESENTATIONS
SOUTHERN CALIFORNIA EDISON ANNUAL RELIABILITY REPORT
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
2021-22 Annual Comprehensive Financial Report (ACFR), (Including Report
from Independent Auditors)
Finance Director Annual
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 May 17, 2023
Public Works Director Ongoing
Recommendation to receive and file the action minutes of the Planning
Commission meeting of July 18, 2023
Community Development Director Ongoing
Planning Commission Tentative Future Agenda Community Development Director Ongoing
PUBLIC HEARINGS – 6:30 PM
Approval of New Impact Level III Event: Last Days of Summer Beach
Concerts
Community Resources Manager Staff Request
May 3, 2023
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
1008
4
WEDNESDAY, AUGUST 2, 2023
STUDY SESSION PLACEHOLDER
AUGUST 8, 2023 @ 5:00 PM INITIAL
DATE CLOSED SESSION
AUGUST 8, 2023 @ 6:00 PM
CITY MANAGER REPORTS
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Recommendation to receive and file the action minutes of the Parks,
Recreation and Community Resources Advisory Commission meeting of July
10, 2023
Community Resources Manager Ongoing
Action Minutes of the Civil Service Board Meeting of June 21, 2023 Human Resources Manager Ongoing
Los Angeles Fire Services and McCormick Ambulance Monthly Report for
June 2023
Emergency Management
Coordinator
Ongoing
South Bay Workforce Investment Board Quarterly Summary (4th Quarter for
FY 2022–23)
MUNICIPAL MATTERS
Informational Item on Home Based Businesses (supported by Jackson and
Saemann)
Community Development Director Council Direction
May 9, 2023
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
NO MEETING AUGUST 22, 2023
(DARK)
1009
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
1010
6
logo as part of a comprehensive
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
1011
Page 1 of 2 #23-7367
CITY OF HERMOSA BEACH
RESOLUTION NO. 23-7367
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO
PREPARE A REPORT IN ACCORDANCE WITH ARTICLE 4 OF CHAPTER 1
OF THE “LANDSCAPING AND LIGHTING ACT OF 1972”, BEING
DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE
STATE OF CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND
SERVICING OF STREET AND SIDEWALK LANDSCAPING, LIGHTING AND
APPURTENANT WORK IN THE CITY OF HERMOSA BEACH, CALIFORNIA,
FOR THE FISCAL YEAR COMMENCING JULY 1, 2023 AND ENDING JUNE
30, 2024.
HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2023 –2024
WHEREAS, the City Council of the City of Hermosa Beach, California,
proposes to renew the existing assessment district designated as “Hermosa Beach
Landscaping and Street Lighting District 2022–2023” pursuant to the “Landscaping
and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways
Code of the State of California; and
WHEREAS, the assessment district includes all parcels of land within the City
and shall be redesignated as the “Hermosa Beach Landscaping and Street
Lighting District 2023–2024;” and
WHEREAS, it is proposed to maintain and operate streets and sidewalks
within the assessment district, including the operation, maintenance, and
servicing of landscaping, lighting, and appurtenant facilities located in and along
such streets and sidewalks.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council hereby redesignates the existing
Hermosa Beach Landscaping and Street Lighting District 2022 –2023 as the
Hermosa Beach Landscaping and Street Lighting District 2023 –2024.
DocuSign Envelope ID: DBFDEC10-C6A6-4BFB-AE27-548A425F990D
2361012
Page 2 of 2 #23-7367
SECTION 2. That the Director of Public Works is hereby ordered to prepare
and file a report in accordance with Article 4 of Chapter 1 of the “Landscaping
and Lighting Act of 1972,” being Division 15, Part 2 of the Streets and Highways
Code of the State of California, for the maintenance and operation of streets and
sidewalks within the assessment district, including the operation, maintenance,
and servicing of landscaping, lighting, and appurtenant facilities located in and
along such streets and sidewalks, for the Fiscal Year commencing July 1, 2023 and
ending June 30, 2024, all as set forth in this resolution.
SECTION 3. That a certified copy of this resolution be presented to the
Director of Public Works for their information and guidance.
SECTION 4. 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 proceeding of the City Council of said City in the minutes of the
meeting at which the same is passed and adopted.
PASSED, APPROVED, and ADOPTED this 9th day of May 2023.
Mayor Raymond A. Jackson
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA
ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________
Myra Maravilla, MPA, CMC Patrick Donegan
City Clerk City Attorney
DocuSign Envelope ID: DBFDEC10-C6A6-4BFB-AE27-548A425F990D
2371013
State of California )
County of Los Angeles ) ss
City of Hermosa Beach )
May 23, 2023
Certification of Council Action
RESOLUTION NO. 23-7367
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, ORDERING THE DIRECTOR OF PUBLIC WORKS TO PREPARE
A REPORT IN ACCORDANCE WITH ARTICLE 4 OF CHAPTER 1 OF THE
“LANDSCAPING AND LIGHTING ACT OF 1972”, BEING DIVISION 15,
PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA, FOR THE MAINTENANCE, OPERATION AND SERVICING OF
STREET AND SIDEWALK LANDSCAPING, LIGHTING AND APPURTENANT
WORK IN THE CITY OF HERMOSA BEACH, CALIFORNIA, FOR THE FISCAL
YEAR COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024.
I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify t hat the
above and foregoing Resolution No. 23-7367 was duly approved and adopted by
the City Council of said City at its regular meeting thereof held on the 9th day of
May 2023 and passed by the following vote:
AYES: MAYOR JACKSON, MAYOR PRO TEMPORE MASSEY, COUNCILMEMBERS
FRANCOIS, SAEMANN, and DETOY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
________________________________
Myra Maravilla, MPA, CMC
City Clerk
DocuSign Envelope ID: DBFDEC10-C6A6-4BFB-AE27-548A425F990D
2381014