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HomeMy WebLinkAbout03/10/15Tuesday, March 10, 2015 7:00 PM Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Council Chambers City Council Mayor Peter Tucker Mayor Pro Tem Nanette Barragan Councilmembers Carolyn Petty Hany Fangary Michael DiVirgilio Meeting Agenda Study Session: Economic Development and Sociable City - 6:00pm, Regular City Council Meeting - 7:00pm Executive Team Elaine Doerfling, City Clerk Karen Nowicki, City Treasurer Tom Bakaly, City Manager Mike Jenkins, City Attorney Andrew Brozyna, Public Works Director Diane Strickfaden, Assistant to the City Manager Viki Copeland, Finance Director Ken Robertson, Community Development Director Sharon Papa, Police Chief David Lantzer, Fire Chief March 10, 2015City Council Meeting Agenda 6:00 P.M. – STUDY SESSION CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL a)ID#2015-0243 ECONOMIC DEVELOPMENT UPDATE (Economic Development Officer Shelli Margolin-Mayer) Recommendation:Receive and file ED Plan.pdf Updates on the ED Plan.docx Community Dialog Opportunities and Possibilities .pdf Brochure trifold.pdf HB Starting A Business Packet.pdf Flow Chart 7-29-14.pdf Attachments: b)ID#2015-0244 SOCIABLE CITY (Economic Development Officer Shelli Margolin-Mayer) Recommendation:1. Receive and file Sociable City Evaluation of Nighttime Social Activities 2. Approve Sociable City Implementation Plan RHI Report on Hermosa Beach - FINAL (2).pdf Sociable City Implementation Plan.docx Attachments: PUBLIC COMMENT ADJOURNMENT OF STUDY SESSION Page 2 Hermosa Beach Printed on 3/5/2015 March 10, 2015City Council Meeting Agenda 7:00 P.M. - REGULAR AGENDA All council meetings are open to the public. PLEASE ATTEND. The Council receives a packet with detailed information and recommendations on nearly every agenda item. City Council agendas and staff reports are available for your review on the City's web site located at www.hermosabch.org. Complete agenda packets are also available for public inspection in the Police Department, Hermosa Beach Public Library and the Office of the City Clerk. During the meeting, a packet is also available in the Council Chambers foyer or you can access the packet at our website, www.hermosabch.org, on your laptop, tablet or smartphone through the wireless signal available in the City Council chambers: Network ID: City Council Password: chb13 Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 1315 Valley Drive, Hermosa Beach, California, during normal business hours. All written communications from the public included in the agenda will be posted with the agenda on the City’s website To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) will be available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0203 at least 48 hours prior to the meeting. Page 3 Hermosa Beach Printed on 3/5/2015 March 10, 2015City Council Meeting Agenda CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT ANNOUNCEMENTS PROCLAMATIONS / PRESENTATIONS a)ID#2015-0222 SPECIAL OLYMPICS HOST TOWN PRESENTATION b)ID#2015-0181 RECOGNITION OF CITY OF HERMOSA BEACH 2014 BEACH CITIES TOY DRIVE ORGANIZERS PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. 1. ORAL AND WRITTEN COMMUNICATIONS: This is the time for members of the public to address the City Council on any items within the Council's jurisdiction not on this agenda, on items on this agenda as to which public comment will not be taken (Miscellaneous Items and Reports – City Manager and Other Matters), or to request the removal of an item from the consent calendar. Public comments on the agenda items called Miscellaneous Reports and Other Matters will only be heard at this time. Comments on public hearing items are heard only during the public hearing. Members of the audience may also speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, 3) during discussion of items appearing under Municipal Matters. Comments from the public are limited to three minutes per speaker. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in written communications. The Council may take action to schedule issues raised in oral and written communications for a future agenda. Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. Page 4 Hermosa Beach Printed on 3/5/2015 March 10, 2015City Council Meeting Agenda 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 4, with public comment permitted at that time. a)ID#2015-0241 MEMORANDUM REGARDING CITY COUNCIL MINUTES Recommendation:It is recommended that the City Council receive and file the memorandum regarding City Council minutes. b)ID#2015-0234 CHECK REGISTERS (Finance Director Viki Copeland) Recommendation:To ratify check registers 02-19-15 02-26-15 Attachments: c)ID#2015-0239 TENTATIVE FUTURE AGENDA ITEMS Recommendation:To receive and file the tentative future agenda items. Tentative Future Agenda.docAttachments: d)ID#2015-0246 CITY TREASURER’S REPORT AND CASH BALANCE REPORT (City Treasurer Karen Nowicki) Recommendation:To Receive and File the January City Treasurer's Report and Cash Balance Report Cash Balances Jan 15.pdf Treasurer Report Jan'15 .pdf Attachments: e)ID#2015-0235 CANCELLATION OF CERTAIN CHECKS (City Treasurer Karen Nowicki) Recommendation:To approve cancellation of certain checks as recommended by the City Treasurer f)ID#2015-0256 ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JANUARY 5, 2015 Recommendation:To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of January 5, 2015. 010515_minutes-FINAL.pdfAttachments: Page 5 Hermosa Beach Printed on 3/5/2015 March 10, 2015City Council Meeting Agenda g)ID#2015-0245 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 3, 2015 Recommendation:To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 3, 2015. February 3 2015 Parks Recreation and Community Resources Minutes-Final.docx Attachments: h)ID#2015-0236 AWARD STORM DRAIN CATCH BASIN MAINTENANCE CONTRACT (Associate Engineer Homayoun Behboodi) Recommendation:It is recommended that the City Council: 1. Award the attached Storm Drain Catch Basin Maintenance contract to United Storm Water for the period beginning April 1, 2015 and ending March 31, 2018 for a total three year contract amount of $71,062.50; 2. Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; and 3. Authorize the Director of Public Works to make minor changes as necessary within the budgeted amount Draft PSA EXHIBIT A storm drain catch basin maint rfp 1-12-15_FINAL United Storm Water Inc Proposal Attachments: i)ID#2015-0233 CIP 14-173 8TH STREET IMPROVEMENTS AWARD PRELIMINARY DESIGN CONTRACT (Project Manager Victor Chavez) Recommendation:It is recommended that the City Council: 1.Award Professional Services Agreement to Harris and Associates in the amount of $64,940 to provide conceptual designs and preliminary engineering; and 2.Authorize the Director of Public Works to make changes as necessary within the approved budget; and 3. Authorize an additional appropriation of $4,434 to the Tyco Fund. ATT 1 - Draft PSA.pdf ATT 2 - Harris Proposal.pdf ATT 3 - Fee Schedule.pdf Attachments: Page 6 Hermosa Beach Printed on 3/5/2015 March 10, 2015City Council Meeting Agenda j)ID#2015-0232 CIP 11-537 SOUTH PARK PHASE I IMPROVEMENTS-PLAYGROUND REMODEL AWARD CONSTRUCTION CONTRACT (Associate Engineer Mondher Saïed, P.E.) Recommendation:It is recommended that the City Council: 1. Award the Construction Contract to Green Giant Landscape Inc., to provide construction services for CIP 11-537 South Park Phase I Improvements-Playground Remodel; in the amount of $755,909.00; 2. Authorize the Mayor to execute and the City Clerk to attest the attached Construction Contract subject to approval by the City Attorney; 3. Adopt the attached resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE SPECIFICATIONS FOR THE CONSTRUCTION OF CIP 11-537 SOUTH PARK PHASE I IMPROVEMENTS-PLAYGROUND REMODEL PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT"; 4. Authorize an additional appropriation of $78,259 from the Capital Improvement Fund; and 5. Authorize the Director of Public Works to make changes to the contract within the project budget. Green Giant Construction Contract.doc Resolution.doc Attachments: k)ID#2015-0238 CONSIDERATION OF A RESOLUTION DECLARING THE CITY’S PARTICIPATION IN EARTH HOUR ON MARCH 28, 2015 FROM 8:30 P.M. TO 9:30 P.M. AND PROMOTING EARTH DAY ON APRIL 22, 2015 (Environmental Analyst Kristy Morris) Recommendation:Staff recommends that the City Council adopt the attached resolution declaring participation in Earth Hour and promoting Earth Day. Proposed Resolution.docAttachments: l)ID#2015-0237 APPROVAL OF OUR LADY OF GUADALUPE CHURCH’S EASTER SUNRISE MASS ADDITION TO THE SPECIAL EVENT CALENDAR FOR SUNDAY, APRIL 5, 2015 (Senior Recreation Supervisor Kelly Orta) Recommendation:Staff recommends that City Council include the Our Lady of Guadalupe annual Easter Sunrise Mass on the City Special Event Calendar for Sunday, April 5, 2015. Easter Sunrise Mass Special Event Application Approved 2015 Calendar of Events (Jan to July) Attachments: Page 7 Hermosa Beach Printed on 3/5/2015 March 10, 2015City Council Meeting Agenda m)ID#2015-0242 REQUEST FOR APPROVAL OF DONATION TO MIRA COSTA HIGH SCHOOL GRAD NIGHT 2015 (City Manager Tom Bakaly) Recommendation:That the City Council approve a donation of $1000 to the Mira Costa High School G.R.A.D. Booster Club for 2015. Mira Costa GRAD Nite Donation Request 2015.pdfAttachments: 3. CONSENT ORDINANCES a)ID#2015-0257 ORDINANCE NO. 15-1349 - “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, CHAPTER 12.16, ADDING PROVISIONS TO ALLOW AND REGULATE RETAIL SALES/DISPLAY ENCROACHMENTS ON PIER PLAZA, AND AMENDING CHAPTER 17.26 FOR CONSISTENCY (City Clerk Elaine Doerfling) Recommendation:It is recommended that the City Council waive full reading and adopt by title Ordinance No. 15-1349. 15-1349 Retail-Sales Display Encroachments-Pier PlazaAttachments: 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. a)ID#2015-0218 TENTATIVE FUTURE AGENDA ITEMS (Continued from meeting of February 24, 2015) Recommendation:To receive and file the tentative future agenda items. Tentative Future Agenda.docAttachments: b)ID#2015-0207 ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JANUARY 21, 2015 (Continued from meeting of February 24, 2015) Recommendation:To receive and file the action minutes of the Public Works Commission meeting of January 21, 2015. action minutes 1-21-15Attachments: Page 8 Hermosa Beach Printed on 3/5/2015 March 10, 2015City Council Meeting Agenda c)ID#2015-0211 REMOVAL OF GRANITE CUBICAL BOLLARDS AND RELOCATION OF PLAQUES ON PIER PLAZA (Continued from meeting of February 24, 2015) (Associate Engineer Homayoun Behboodi) Recommendation:Recommended Action: It is recommended that the City Council: 1. Approve the removal of the granite cubical bollards from Pier Plaza; and 2. Authorize the City Manager to enter into an agreement with the Lighthouse owner for the refurbishment and relocation of the jazz plaques; and 3. Authorize the relocation of the jazz plaques onto the Pier head as an alternative location. Attachment 1 PierPlazaLayout Attachment 2 Bollards, Disabled Markings, and Plaques Attachment 3 Areas for Relocation Attachments: 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a)ID#2015-0252 TEXT AMENDMENT TO THE MUNICIPAL CODE TO MODIFY PROVISIONS RELATING TO THE DEFINITION AND STANDARDS FOR RESTAURANTS, BARS, PLACES WITH LIVE ENTERTAINMENT, AND ON-SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS INCLUDING THE FOOD TO ALCOHOL SALES RATIO AND RELATED AMENDMENTS FOR CONSISTENCY AND DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Senior Planner Pamela Townsend) Recommendation:As recommended by the Planning Commission per Resolution 15-2, introduce and waive first reading of an ordinance amending Title 17 (Zoning) of the Municipal Code by modifying provisions relating to the definition, standards and enforcement provisions for restaurants and on-sale alcoholic beverage establishments, and determine the project is exempt from the California Environmental Quality Act. Proposed Ordinance PC Resolution 15-2 Attachments: Page 9 Hermosa Beach Printed on 3/5/2015 March 10, 2015City Council Meeting Agenda b)ID#2015-0251 APPROVAL OF FISCAL YEAR 2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ALLOCATIONS FOR IMPROVEMENTS IDENTIFIED IN AMERICANS WITH DISABILITIES ACT TRANSITION PLAN (Senior Planner Pamela Townsend) Recommendation:That the City Council approves by resolution the Fiscal Year 2015-2016 CDBG Annual Planning Summary with an allocation of approximately $138,863 for retrofitting various city facilities as identified in a transition plan to comply with the Americans with Disabilities Act (ADA). Proposed ResolutionAttachments: 6. MUNICIPAL MATTERS a)ID#2015-0221 CITY MANAGER BONUS (Continued from meeting of February 24, 2015) (City Attorney Mike Jenkins) Recommendation:The City Council ad hoc negotiating committee consisting of Mayor Tucker and Councilmember Petty recommend that the City Council approve a 7% bonus for the City Manager for calendar year 2014 in the amount of $12,950. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a)ID#2015-0220 HERMOSA BEACH CITY / SCHOOL COMPACT MEETING (Continued from meeting of February 24, 2015) (City Manager Tom Bakaly) Recommendation:Per the direction of the COMPACT Subcommittee, the following action items are to be executed prior to the next subcommittee meeting: * Consideration of dividing school programs by age; younger students to attend City School District After School Program (K - 2nd grade), older students to enroll in City PARK program * Exploring the creation of a "Joint Powers Agreement" (JPA). This could potentially provide the community with access to the School District's facilities through many of the programs offered through the City of Hermosa Beach o COMPACT to review current JOA created and maintained by Beverly Hills; provide briefing and overview of best practices in program and explore ways to create JPA in Hermosa Beach * Schedule next COMPACT Subcommittee Meeting to review research and make further recommendations COMPACT_AfterSchoolProgram_2 11 15_FINAL.docxAttachments: b)ID#2015-0226 CITY COUNCIL SUBCOMMITTEES (Continued from meeting of February 24, 2015) Appt List 4 Final 2015.docAttachments: Page 10 Hermosa Beach Printed on 3/5/2015 March 10, 2015City Council Meeting Agenda 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a)ID#2015-0253 VACANCIES - BOARDS AND COMMISSIONS - UPCOMING EXPIRATION OF TERMS ON THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION (City Clerk Elaine Doerfling) Recommendation:It is recommended that the City Council direct the City Clerk to advertise and request applications from interested parties for three Emergency Preparedness Advisory Commission terms that will expire May 31, 2015. b)ID#2015-0255 VACANCIES - BOARDS AND COMMISSIONS - PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION UNEXPIRED TERM ENDING JUNE 20, 2017 (City Clerk Elaine Doerfling) Recommendation:It is recommended that the City Council direct the City Clerk to advertise a Parks, Recreation and Community Resources Advisory Commission unscheduled vacancy inviting applications from persons interested in being appointed to fill an unexpired term ending June 30, 2017. Resignation Letter_LauzonAttachments: 9. OTHER MATTERS - CITY COUNCIL Requests from Council members 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. NONE ADJOURNMENT Page 11 Hermosa Beach Printed on 3/5/2015 Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0222 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 24, 2015 SPECIAL OLYMPICS HOST TOWN PRESENTATION Hermosa Beach Printed on 3/5/2015Page 1 of 1 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0181 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 RECOGNITION OF CITY OF HERMOSA BEACH 2014 BEACH CITIES TOY DRIVE ORGANIZERS Hermosa Beach Printed on 3/5/2015Page 1 of 1 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0243 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 ECONOMIC DEVELOPMENT UPDATE (Economic Development Officer Shelli Margolin-Mayer) Recommended Action: Receive and file Background: The City advanced its Economic Development agenda last year through the Council’s Strategic Plan. Many priorities related to Economic Development in the Strategic Plan have been either achieved or substantial progress has been made. Items that are relevant to the Council’s Strategic Plan are as follows: POLICY AGENDA ·Downtown Core Development - The Downtown Core Strategic Plan is consistent with the approval of City Council on February 24th, 2015. Staff is updating the plan document to include changes and principals that were accepted by City Council. MANAGEMENT AGENDA ·Business Improvement District (BID) for Pier Plaza: preparation - An opportunity for a Tourism BID has been discussed with the proposed hotel developers. MANAGEMENT IN PROGRESS ·√Economic Development Position - The Economic Development Officer was hired on March 3rd, 2014. ·√City Manager’s Economic Development Committee: Creation - The Economic Development Advisory Group has been formed and meets as an ad hoc group to review and give input on Economic Development related projects and programs. ·√Smart Meter Pay Stations for Parking/Free Parking Program: Evaluation - The Pay-By- Space Smart Meter Trial took place in conjunction with the “Free Parking” joint City/Chamber program in the Fall of 2014. Recommendations for Pay-By-Space Smart Meter will be coming to City Council on March 24th, 2014. Hermosa Beach Printed on 3/5/2015Page 1 of 5 powered by Legistar™ File #:ID#2015-0243 ·√User Guide for Doing Business in Hermosa Beach (Preliminary/Final) - Three collateral pieces were created to assist new and expanding business. They include a guide to doing business in Hermosa Beach, a guide to opening a business in Hermosa Beach, and a flow chart for commercial permits. (Attached) ·√Economic Development Welcome Team: Development - City Manager, Planning Director and the Economic Development Officer make up a welcoming team for new and expanding commercial developments. Depending on the type and impact of a development, the Mayor and/or a designated Council Member will be part of a specific welcoming team. Demographics and information on City resources are prepared for each inquiry. The staff welcome team has been very successful in establishing relationships with the two hotel developers, Skechers and continues to be in discussions with Hope Chapel. ·√Hope Chapel Development: Working with Property Owners, Update Report, Policy Direction - In Progress ·√Skechers Development: Working with Property Owners, Update Report, Policy Direction - A development application was submitted in the Fall of 2014. The Environmental Review process is underway. The Hermosa Beach - Economic Development Plan (attached) is the backdrop and has provided direction for most all Economic Development activities within the City over the last year. The Economic Development Plan was derived from the ideas set forth in the “Question 3 - Opportunities and Possibilities” from the Community Dialog group (attached). Examples of some of these ideas and the progress made thus far are: Ø Fostering business development - reducing barriers to entry and regulation friction - Communication and individual business assistance has been greatly improved by the adding Economic Development as a function of the City services. Enhancements have been made in customer service and staff regularly challenges “business as usual.” Ø Free parking during business hours - The “Free Parking” marketing campaign Downtown in the Fall of 2014 provided an opportunity to market Downtown during the off -season. This was a joint Chamber and City project using a demand pricing model for smart meters to recapture lost revenue during the free parking hours. Ø Redevelopment of properties/uses - The City has successfully attracted and facilitated two potential mixed-us hotel developments and the Skechers’ design center. Ø Smart parking solution, congestion pricing - A demand pricing trial was conducted last Fall in conjunction with the “Free Parking” marketing campaign. The results of the program will be presented to Council on March 24th. Additionally, a conceptual parking master plan was developed as part of the Downtown Core Strategic Plan. Ø Roadway beautification - The PCH/Aviation Plan has resulted in potential funding from Caltrans that will assist in expedited the several projects within the plan. These and other ideas from the Community Dialog group’s Opportunities and Possibilities greatly influenced the development of the Hermosa Beach - Economic Development Plan. All Economic Development activities, projects and programs are guided by the following priorities Hermosa Beach Printed on 3/5/2015Page 2 of 5 powered by Legistar™ File #:ID#2015-0243 from the Hermosa Beach - Economic Development Plan: Top Priority §Be Business Friendly §Enhance and Grow Tax Base §Foster Eclectic Downtown Business Areas §Revitalize Entry Corridors High Priority §Attract locally engaged businesses §Ensure Economic Development is Sustainable §Create Destination Tourism and Attractions §Reduce Business/Neighborhood Conflicts §Marketing: Engage Community & Communication Analysis: The City has made many significant strides over the last year relating to Economic Development. The City has laid the groundwork to support a stronger economy with three proposed major developments, improved development services, a stronger relationship with local businesses and increases in sales tax revenue and a steady flow of new business licenses. This progress can be directly attributed to the Council’s Strategic Plan and the Economic Development Plan. An updated version of the Hermosa Beach - Economic Development Plan is attached. It lists various activities and achievements to date related to Economic Development. The following are some of the highlights: ·New business licenses - There were 148 new business licenses in 2014 and sale tax grew by at least 2% year- to-date. ·Downtown Core Strategic Plan - The Downtown Core Strategic Plan was accepted on February 24, 2015. The relevant Commissions will be reviewing the implementation plans this Spring. An updated version will be presented to Council reviewing all the changes and principals that were accepted. ·Partnerships with the Hermosa Beach Chamber of Commerce - City Staff and Chamber Staff have a strong working partnership in pursuit of Economic Development goals. The Chamber provided $24,000 in 2014 toward the Economic Development position. Looking forward the City and Chamber will put together business assistance and networking programs. ·Business assistance projects and programs - When a new or potential business contacts the city, they are referred to Economic Development staff for individually tailored service. o Material was designed to distribute to new businesses which includes a guide to doing business in Hermosa Beach, a guide to opening a business in Hermosa Beach, and a flow chart for commercial permitting. o Direct individual assistance for business licensing and commercial permitting from first contact to permit sign-off and additionally with ongoing operations as they relate to their success and city business. o Referral service to the Small Business Development Center for new business counseling, business plans and potential SBA financing assistance. o Site selection services ·Tenanting Assistance - Economic Development Staff works closely with commercial property owners, commercial real estate brokers, business brokers and commercial property managers to assist with retail and office vacancies. Hermosa Beach has a peculiar market due to the small about of commercially zoned space. That, in addition to absentee owners, has resulted in exclusive market operations. Many properties and business trade hands without officially going on the open market. The properties that do go Hermosa Beach Printed on 3/5/2015Page 3 of 5 powered by Legistar™ File #:ID#2015-0243 on the open market are either leased within a few weeks or they are not competitive due to price or other issues, such unavailable owners. Economic Development Staff provides information on available space when property owners are willing to share information. Often that information is given confidentially to be released only to potential businesses. When appropriate, Staff will contact retailers and other businesses, consistent with City goals, and refer them to upcoming vacancies with the property owner’s or broker’s permission. ·Customer Service - Staff members involved in development services are embracing “Business Friendly” with the creation of a more thorough application process and an internal communication process for new business licensing. An integrated cross departmental solutions oriented approach is also taking hold. All Staff involved in development services participated in several “Swimlanes” workshops to map commercial permitting processes. They found ways to enhance the permitting processes in advance of the new Accela permitting system. ·Pier & Strand Proposed Mixed-Use Hotel Development - Staff continues to work closely with the Pier & Strand developer to facilitate a successful project and ensures community benefit. To that end, Staff has a standing meeting with the developer’s team twice a month. ·OTO Proposed Mixed-Use Development - Staff provided a supportive environment that facilitated the sale of the underutilized 11th St. properties for a future hotel. Staff meets with the developerment team twice a month and also facilitates connection between the developer and local businesses. ·Skechers - The Economic Development Welcome Team facilitated Skechers’ development application for their new design center on PCH. The application is in the beginning stages of the environmental review process. ·Sociable City - The “Sociable City Evaluation of Nighttime Social Activities” has led to a productive stakeholders group and many ideas for a balances hospitality zone. (A Staff report will follow this report) ·Parking - Within the framework Downtown Core Strategic Plan, Staff developed a conceptual parking master plan in support of downtown and beach activities and businesses. A parking master plan is vital to the success of the Downtown Core Strategic Plan that calls for rezoning grand floor commercial uses for revenue generating uses while encouraging second floor office and service uses. The conceptual parking master plan will also be expanded to other commercial areas of the city. Additionally, the Pay-by-Space Meter trial is giving the city data that will support better meter service. A report on the project will be before Council on March 24th. ·Available Parking Space Signage - An RFP will let this month to place electronic signage on Hermosa Ave. that will give a count of available parking spaces in Lot C. ·Events - The City has been successful with revenue generating events over the past year with the World Cup, Stanley Cup, Fin Fest and the three year contract with the Chamber for Fiesta. Projects and programs relating to the Economic Development Plan for the near future include: ·Entry and directional signage ·Tourism programs ·Bike parking ·Encouraging off-season film permits ·Weddings on the beach ·Nobel Park upgrades ·Trolley services ·Supporting the smoking ban on Pier Plaza ·Design to retail business incubator Attachments: 1.Hermosa Beach - Economic Development Plan 2.Updates on the Economic Development Plan 3.Community Dialog Opportunities and Possibilities 4.New Business Brochure Hermosa Beach Printed on 3/5/2015Page 4 of 5 powered by Legistar™ File #:ID#2015-0243 5.How To Start A Business in HB Packet 6.New Business Flow Chart Respectfully Submitted by: Shelli Margolin-Mayer, Economic Development Officer Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 3/5/2015Page 5 of 5 powered by Legistar™ Hermosa Beach – Economic Development Plan As of: 7/31/2014 Vision: Provide long-term economic health and commerce for the Best Little Beach City that is sustainable and connected to the Community Goals (CY 2013 and 2014) Top Priority  Be Business Friendly  Enhance and Grow Tax Base  Foster Eclectic Downtown Business Areas  Revitalize Entry Corridors High Priority  Attract locally engaged businesses  Ensure Economic Development is Sustainable  Create Destination Tourism and Attractions  Reduce Business/Neighborhood Conflicts  Marketing: Engage Community & Communication Strategies Existing City Resources Strategy 1: Improve Customer Service and Speed up Approval Process Strategy 2: Coordinate Economic Development Planning Efforts Strategy 3: Quickly Respond to New Business Opportunities Strategy 4: Reduce Barriers to Businesses while Enforcing Codes Strategy 5: Identify Target Businesses and customers Strategy 6: Identify Target Development Properties & Investors Strategy 7: Attract Top Quality Hotels City Has Participatory Role Strategy 8: Upgrade/Beautify & Clean up Entry Corridor Infrastructure Strategy 9: Plan for Future of Downtown & Civic Center Strategy 10: Partner with Downtown Businesses for a Safe Community Strategy 11: Increase Available Parking Strategy 12: Encourage Diverse Entertainment Venues Strategy 13: Encourage Neighborhood & Locally Owned Businesses Strategy 14: Connect Businesses and Events to Funky Beach Culture Strategy 15: Explore Business Incentives, Education & Interaction Strategy 16: Enhance Architecture & Encourage Preservation of Existing Historic Buildings Strategy 17: Match ED Goals with Environmental Sustainability Goals Strategy 18: Facilitate Relationships w/Third Parties to Maximize Funding No Current City Resources to Accomplish Strategy 19: Establish Mixed-Use Guidelines & Reduce Strip Centers Strategy 20: Encourage more Office and Mixed Use Downtown Strategy 21: Evaluate Paid Parking Program – Goals and Outcomes Strategy 22: Have Events Match Desired Demographic Markets Strategy 23: Keep Costs and Fees Competitive City’s Role Unclear Strategy 24: Marketing Program for Desired Businesses Strategy 25: Actively Pursue Our Identified Target Businesses Strategy 26: Develop a South Bay Marketing Plan Strategy 27: Attract Visitors to the Strand Strategy 26: Attract Innovators, Champions & Iconoclasts Strategy 27: Partner with Neighboring Communities Projects / Programs Top Priority Projects 1. Train Staff and Encourage Customer Service 2. Explore staffing options for economic development 3. Economic Development Advisory Committee 4. Clarify Roles of City, Chamber and Commissions 5. Economic Development Strike Team/Ombudsman 6. Expedite Hotel, Retail & Entertainment Applications 7. Complete PCH/Aviation Planning Efforts 8. Complete Master Plan for Downtown/Civic Center 9. Explore family friendly business opportunities High Priority Projects 1. Facilitate Community Dialogue on Priorities 2. Economic Development Element of General Plan 3. Create BID or Other Vehicle for Pier Plaza 4. Revise Outdated On-line Business Resources 5. Policy for Fee Waivers for Business Development 6. Create Opportunities for Idea Sharing & Interaction 7. Match Sustainability Plan projects with Economic Development Projects 8. Pursue Economic Investment towards carbon neutrality 9. TBD… Priority Projects 1. Identify Desired Business Mix 2. Identify Gaps in Current Market/Leakage Analysis 3. Develop a Marketing Plan 4. City Fleet Electric Car Program 5. Review City Parking Program 6. Develop a “Doing Business in HB User Guide” 7. Clean up Trash … 8. TBD… Key ↑ - Move Up in priority ↓ - Move down in priority ---- - Strike out = to be deleted Hermosa Beach – Economic Development Plan Vision: Provide long-term economic health and commerce for the Best Little Beach City that is sustainable and connected to the Community Goals (CY 2013 and 2014) Top Priority Be Business Friendly Enhance and Grow Tax Base Foster Eclectic Downtown Business Areas Revitalize Entry Corridors High Priority Attract locally engaged businesses Ensure Economic Development is Sustainable Create Destination Tourism and Attractions Reduce Business/Neighborhood Conflicts Marketing: Engage Community & Communication Strategies Existing City Resources Strategy 1: Improve Customer Service and Speed up Approval Process Development Services Workshop (swim lanes) & Customer Service Training New informative application process for new businesses Providing hands-on individual business assistance for new and expanding businesses Improved internal coordination and communication processes for new business licenses Strategy 2: Coordinate Economic Development Planning Efforts √ Coordination between City staff, Chamber and Hospitality Association Input from local businesses on City plans and projects Input from Economic Development Advisory Committee Strategy 3: Quickly Respond to New Business Opportunities Assisting development applicants through entitlement process– Pier & Strand, OTO and Sketchers Strategy 4: Reduce Barriers to Businesses while Enforcing Codes Key Dark blue = Achievements or completed projectsTeal = In progress or upcoming projects Mayor’s Welcome Letters to new business licensees Individual meetings with all late night establishments together with the Police Chief Economic Development staff presence at Planning Commission meetings to support commercial enterprises and City’s goals Strategy 5: Identify Target Businesses and customers Wedding destination development Film permit incentives during off season Event permit incentives during off season Strategy 6: Identify Target Development Properties & Investors Skechers Hope Chapel Strategy 7: Attract Top Quality Hotels √ OTO Strand & Pier RFP for General Appraisal Services City Has Participatory Role Strategy 8: Upgrade/Beautify & Clean up Entry Corridor Infrastructure Gateway, branding and directional signage program Strategy 9: Plan for Future of Downtown & Civic Center Downtown Core Revitalization Strategy – Implementation program Strategy 10: Partner with Downtown Businesses for a Safe Community √ Sociable City Implementation Plan Partnership with the Hospitality Association Strategy 11: Increase Available Parking Parking Conceptual Master Plan Strategy 12: Encourage Diverse Entertainment Venues Resident focused entertainment on Pier Plaza Strategy 13: Encourage Neighborhood & Locally Owned Businesses Downtown “Free Parking” Program Strategy 14: Connect Businesses and Events to Funky Beach Culture Strategy 15: Explore Business Incentives, Education & Interaction Educational material sent to local business through various channels such as the Chamber and Hospitality Association Strategy 16: Enhance Architecture & Encourage Preservation of Existing Historic Buildings Strategy 17: Match ED Goals with Environmental Sustainability Goals Carbon Neutral Study Strategy 18: Facilitate Relationships w/Third Parties to Maximize Funding Commissioning grant opportunity assessment No Current City Resources to Accomplish Strategy 19: Establish Mixed-Use Guidelines & Reduce Strip Centers Downtown Core Revitalization Strategy – Implementation program Strategy 20: Encourage more Office and Mixed Use Downtown Downtown Core Revitalization Strategy – Implementation program Strategy 21: Evaluate Paid Parking Program – Goals and Outcomes Parking Pay-By-Space Meter Trial Strategy 22: Have Events Match Desired Demographic Markets Resident focused entertainment on Pier Plaza Strategy 23: Keep Costs and Fees Competitive City’s Role Unclear Strategy 24: Marketing Program for Desired Businesses Strategy 25: Actively Pursue Our Identified Target Businesses Tenanting assistance Property owner networking/rapport building Strategy 26: Develop a South Bay Marketing Plan SBCOG Economic Development Directors efforts Strategy 27: Attract Visitors to the Strand Sociable City Implementation Plan Downtown Core Revitalization Strategy – Implementation program Nobel Park rehab Strategy 26: Attract Innovators, Champions & Iconoclasts Strategy 27: Partner with Neighboring Communities Building relationships with Economic Development staff in neighboring cities through the SBCOG and SBWIB Projects / Programs Top Priority Projects 1. Train Staff and Encourage Customer Service “Yes, and…” training to development services staff members 2. Explore staffing options for economic development √ 3. Economic Development Advisory Committee √ 4. Clarify Roles of City, Chamber and Commissions √ 5. Economic Development Strike Team/Ombudsman √ Providing hands-on individual business assistance 6. Expedite Hotel, Retail & Entertainment Applications New application procedure Bi-weekly meetings with hotel developers Individual assistance to Retail & Entertainment Applicants 7. Complete PCH/Aviation Planning Efforts Guidance as appropriate 8. Complete Master Plan for Downtown/Civic Center Downtown Core Revitalization Strategy 9. Explore family friendly business opportunities High Priority Projects 1. Facilitate Community Dialogue on Priorities Participation in the Decision Making Tool Soliciting input from various community groups, businesses, Chamber and Economic Development Advisory Group 2. Economic Development Element of General Plan Part of the staff General Plan Update team 3. Create BID or Other Vehicle for Pier Plaza Working with potential hotels for a Tourism BID Developing a Downtown Ambassador Program through the police VIPs 4. Revise Outdated On-line Business Resources √ Created an Economic Development Web Page with resources for businesses and commercial property owners 5. Policy for Fee Waivers for Business Development 6. Create Opportunities for Idea Sharing & Interaction Facilitating local relationships between businesses, developers and stakeholders independently and through the Sociable City stakeholders 7. Match Sustainability Plan projects with Economic Development Projects Formed a Staff sustainability team: Community-Environment-Economy Green Business Certification Program 8.Pursue Economic Investment towards carbon neutrality Deter parking and traffic near the beach while encouraging walking and biking 9. TBD… Priority Projects 1. Identify Desired Business Mix 2. Identify Gaps in Current Market/Leakage Analysis 3. Develop a Marketing Plan Coordinated Messaging and Marketing with Chamber Cable access channel programing and marketing opportunity 4. City Fleet Electric Car Program 5. Review City Parking Program Available Parking Space Electronic Signage - Lot C 6. Develop a “Doing Business in HB User Guide”√ New Business collateral materials 7. Clean up Trash … Trash compactor “Save some fish, feed me butts” cigarette butt receptacles in designated smoking areas Education and code information for commercial recyclers and smokers on Pier Plaza Directional signage for designated smoking areas 8. TBD… OPEN FOR BUSINESS The City’s Economic Development office can assist you in determining a path to start your business, expand an existing business, or find a new location. Staff can provide information on business loans, workforce recruitment, available incentives, and site selection. Economic Development City Manager’s Office 1315 Valley Drive Hermosa Beach, CA 90254 (310) 318-0208 Email: EconDev@hermosabch.org ASSISTING IN THE SUCCESS OF YOUR BUSINESS WWW.HERMOSABCH.ORG 310-318-0239 Need Assistance? City of Hermosa Beach - City Hall 1315 Valley Drive Hermosa Beach, CA 90254 City Hall Hours: 7:00 a.m. to 6:00 p.m. Monday through Thursday. (310) 318-0239 OPEN FOR BUSINESS The City of Hermosa Beach wants to be a partner in the success of your business. We are here to assist you! OPEN FOR BUSINESS City of Hermosa Beach - City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Step 1: Evaluate Your Needs The City’s Economic Development office can assist you through the processes in city hall. Economic Development, City Manager’s Office Room 203 310-318-0208 Email: EconDev@hermosabch.org Step 2: Check Zoning, Planning and Building Regulations Determining zoning requirements prior to signing a lease or contract is imperative. Check with the City to determine if the type of business you plan to operate is allowed in your desired location. Check on required permits for any changes to exterior or interior, new construction or addition to your place of business. Get information on permits needed for your new signs and banners. Planning Division & Building Division Community Development Department Room 103 310-318-0235 CommDev@hermosabch.org The business of starting a business in Hermosa Beach Step 3: Get a City Business License To conduct business in Hermosa Beach, you must obtain a business license and pay an annual business tax. A City business license is required prior to conducting any business activity in the City, even if your business is located outside the city limits. Finance Cashier Office, Room 101 310-318-0206 BisLic@hermosabch.org Step 4: Final Inspection Once you have paid for your business license and completed the work related to your required permits, you will need a final inspection from the Fire Marshall before you can open for business. The Finance Cashier will schedule your final inspection after you have paid for your business license. Finance Cashier Office Room 101 310-318-0206 BisLic@hermosabch.org Additional Permits & Licenses Sprinklers and Fire Suppression Check with the City of Hermosa Beach Building Division Community Development Department Room 103 310-318-0235 CommDev@hermosabch.org Resale License for Retailers Check with the State Board of Equalization for seller’s permits and sales tax requirements. www.boe.ca.gov 310-342-1000 ASReg@boe.ca.gov (310) 318-0239 www.hermosabch.org Before you sign a lease or obtain a business license, check zoning! Additional Permits & Licenses, cont. Restaurants Selling food? Check with the County of Los Angeles - Environmental Health 5050 Commerce Dr. Baldwin Park, CA 91706 626 -430-5200 www.publichealth.lacounty.gov/eh Selling alcohol? Check with Calif. Dept. of Alcoholic Beverage Control (ABC) Long Beach/Lakewood District (562)982-1337 http://www.abc.ca.gov/procurement/smallbiz.html Want outside dining? Check with City of Hermosa Beach Community Development Department Room 103 310-318-0235 ComDev@hermosabch.org New businesses within the city limits (excluding bars and restaurants open after 12:00 am) are exempt from business taxes for the first year. S TARTING A B USINESS IN H ERMOSA B EACH A G UIDE FOR THE N EW B USINESS O WNER Starting a business can be challenging. While there is no single source that outlines all required procedures, the following information has been assembled to assist you in starting your business. Note: Before you sign a lease or obtain a business license it is very important to make sure the type of business you want to open is allowable in your chosen location, including home based businesses. (Please see page 5 for more information) The City of Hermosa Beach wants to be a partner in success of your business. We are here to assist you! City of Hermosa Beach Economic Development (310) 318-0208 smayer@hermosabch.org www.hermosabch.org General Guide to Starting a Business INSIDE THIS BROCHURE General Guide to Starting A Business 1 City of Hermosa Beach Core Values 2 Evaluate Your Needs & Create a Business Plan 3 Determine Your Business Name & Legal Structure 4 Check into Zoning, Permits & Licenses 5 Get a City Business License 6 Other Permitting Offices 7 Get Tax Information 8 Recruit & Train Employees 9 Acquire Employer Identification Numbers and Worker’s Compensation Insurance 10 Retailers & Wholesales 11 Checklist for New Businesses 12 Page 2 Starting a Business in Hermosa Beach HEALTHY ACTIVE LIFESTYLE SMALL BEACH TOWN City of Hermosa Beach Core Values The Hermosa Beach community has identified these core values that should be considered when making policy decisions. The principal considerations are: Environmental Impact Quality of Life Impact Economic Impact ECONOMIC & ENVIRONMENTAL SUSTAINABILITY Page 3 Starting a Business in Hermosa Beach The City’s Economic Development office can assist you in determining a path to start your business, expand an existing business, or find a new location. Staff can provide information on business loans, workforce recruitment, available incentives, and site selection. City of Hermosa Beach Economic Development City Manager’s Office 1315 Valley Drive Hermosa Beach, CA 90254 (310) 318-0208 Email: smayer@hermosabch.org Evaluate Your Needs and Determine Your Location A business plan is a roadmap; it shows you where you are in relation to where you want to be. Whether you believe in a business plan or not, starting a business involves many ideas that need to be documented with actions taken. Many businesses fail without a business plan. Furthermore, banks require a business plan prior to considering your loan application. The following organization can provide you with business plan consultations, workshops and referrals: California Small Business Development Center (SBDC) El Camino College Business Training Center 13430 Hawthorne Blvd. Hawthorne, CA 90250 Tel (310) 973-3177 www.southbaysbdc.org. Create a Business Plan The CALIFORNIA GO-BIZ website offers a number of resources for starting, growing, financing, expanding or relocating a business in California. http://www.business.ca.gov/ Page 4 Starting a Business in Hermosa Beach Determine a Business Name The name you choose for your business is important. Aside from making sure that the name clearly describes your business, you need to ensure that the name is not already being used. If the name you choose is anything other than your own legal name, you are required to file a fictitious business name statement. The statement is filed with the County of Los Angeles. County of Los Angeles Registrar-Recorder/County Clerk LAX District Office 11701 S. La Cienega Bl., 6th Floor Los Angeles , CA 90045 Search Hours: 8:30 a.m. - 4:30 p.m. , M-F, except holidays Business name filing hours are 8:30 a.m. to 3:30 p.m. (310) 727-6142 http://rrcc.lacounty.gov/Clerk/Business_Name.cfm Several legal structures exist; your choice of legal structure will affect your income taxes and personal liability. Many small businesses start as a Sole Proprietorship or a Partnership. These are legally the least complicated. Corporations and Limited Liability Companies must register with the Secretary of State. Contact your accountant or attorney for advice and assistance in determining the best legal structure for you and your business. California Secretary of State 1500 11th St. Sacramento, CA 95814 (916) 653-6814 http://www.sos.ca.gov/business/be/ Determine the Business Legal Structure Local Chamber of Commerce: Hermosa Beach Chamber of Commerce & Visitors Bureau 1007 Hermosa Ave. Hermosa Beach, Ca 90245 (310) 376-0951 www.hbchamber.net Page 5 Starting a Business in Hermosa Beach Contact the Community Development Department for a rough estimate of fees based upon your project. Check Zoning and Building Regulations Determining zoning requirements prior to signing a lease or contract is imperative. Check with the City to see if the type of business you plan to operate is legal in the desired location, including home based businesses. City of Hermosa Beach Community Development Dept. Planning Division & Building Division 1315 Valley Drive, Room 103 Hermosa Beach, CA 90254 310-318-0235 Planning - http://www.hermosabch.org/index.aspx?page=339  Zoning map - http://www.hermosabch.org/modules/showdocument.aspx?documentid=635  Applications, Forms & Handouts - http://www.hermosabch.org/index.aspx?page=367  Programs/Projects/Plans - http://www.hermosabch.org/index.aspx?page=504 Additionally, note that the business type determines the licenses and permits needed to legally operate your business. For a list of regulated occupations and professional services, contact: California Department of Consumer Affairs 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834 (800) 952-5210 dca@dca.ca.gov http://www.dca.ca.gov/index.shtml Page 6 Starting a Business in Hermosa Beach Obtain Important Permits and Licenses City of Hermosa Beach Community Development Dept. Building Division 1315 Valley Drive, Room 103 Hermosa Beach, CA 90254 310-318-0235 Building - http://www.hermosabch.org/index.aspx?page=340  When is a Building Permit needed? http://www.hermosabch.org/modules/showdocument.aspx?documentid=525  Sign Permit – http://www.hermosabch.org/modules/showdocument.aspx?documentid=573 Get a City Business License To conduct business in Hermosa Beach, you must obtain a business license and pay an annual business tax. A City business license is required prior to conducting any business activity in the City, even if your business is located outside the City’s corporate limits. New businesses within the city limits (excluding bars and restaurants open after 12:00 am) are exempt from business taxes for the first year. For more information and to obtain a business license application contact: City of Hermosa Beach Finance Department – Business License Finance Cashier Office 1315 Valley Drive, Room 101 Hermosa Beach, CA 90254 310-318-0206 http://www.hermosabch.org/index.aspx?page=83  Business License Application - http://www.hermosabch.org/modules/showdocument.aspx?documentid=1066 HERMOSA BEACH Page 7 Starting a Business in Hermosa Beach City of Hermosa Beach Fire Department 1315 Valley Drive Hermosa Beach, CA 90254 310-376-2479 City of Hermosa Beach Public Works Department 1315 Valley Drive, Room 001 Hermosa Beach, CA 90254 310-318-0222 Selling any food or beverages? BEFORE YOU BRING YOUR PLANS TO HERMOSA BEACH, go to… County of Los Angeles - Environmental Health 5050 Commerce Drive Baldwin Park, CA 91706 626-430-5200 http://www.publichealth.lacounty.gov/eh Selling alcohol? Calif. Dept. of Alcoholic Beverage Control (ABC) Long Beach/Lakewood District 562-982-1337 http://www.abc.ca.gov/procurement/smallbiz.html Other Permitting Offices The State also operates CalGOLD, a website that provides detailed information on required permits, licenses and regulations. The information provided is specific to your type of business and its location in California. http://www.calgold.ca.gov/ Page 8 Several types of taxes may be levied on businesses including income tax, employment tax and the City’s business tax. For City business license taxes, contact: City of Hermosa Beach Finance Cashier 1315 Valley Drive, Room 100 Hermosa Beach, CA 90254 310-318-0206 For state taxes, contact: Franchise Tax Board Los Angeles Field Office 300 S Spring St #5704, Los Angeles, CA 90013 (800) 852-5711 https://www.ftb.ca.gov/ For a copy of “Striking Gold in California”, which outlines state taxes for businesses, contact: Employment Development Department PO Box 826880 Sacramento CA 94280-0001 http://www.taxes.ca.gov/strikinggoldbus.shtml For federal tax information and a copy of the “Small Business Resource Guide,” a document that helps business owners understand the basics, contact: Internal Revenue Service District Business Office – Los Angeles 300 N. Los Angeles St. Los Angeles, CA 90012 213-576-3009 http://www.irs.gov Starting a Business in Hermosa Beach Get Tax Information Page 9 Starting a Business in Hermosa Beach Recruit and Train Employees The South Bay One-Stop Business & Career Centers provide the business community and the adult or youth job seeker with access to a variety of services including a wide range of employment and training programs. Contact their office for more information: South Bay Workforce Investment Board 11539 Hawthorne Blvd, Hawthorne, CA 90250 310-970-7700 http://www.sbwib.org The California Employment Development Department (EDD) assist businesses find and train employees through CalJOBS. CalJOBS is an Internet-based labor exchange system provided by the EDD. The system gives you immediate access to the largest pool of job seekers in the state, 24 hours a day, 7 days a week. Employment Development Department Workforce Services PO BOX 826880 MIC 50 Sacramento, CA 94280-0001 916-654-7799 http://www.edd.ca.gov/Jobs_and_Training/Caljobs.htm Page 10 Starting a Business in Hermosa Beach Acquire Employer Identification Numbers and Worker’s Compensation Insurance If you will have employees, acquire employer identification numbers and Worker’s Compensation Insurance. For an employer identification tax number and federal tax withholding information, contact: Internal Revenue Service District Business Office – Los Angeles 300 N. Los Angeles St. Los Angeles, CA 90012 213-576-3009 http://www.irs.gov For an employer identification tax number and state tax withholding information, contact: State of California Employment Development Department District Business Office - Los Angeles ETO 5401 South Crenshaw Boulevard, Suite A Los Angeles, CA 90043 888-745-3886 http://www.edd.ca.gov/Payroll_Taxes All employers are also required to carry Worker’s Compensation Insurance. It covers your employee(s) for work-related injuries. To obtain an insurance policy or for more information, contact: State Compensation Insurance Fund Los Angeles District Office 900 Corporate Center Dr Monterey Park, CA (888) 782-8338 http://www.statefundca.com/ Page 11 Starting a Business in Hermosa Beach Retailers and Wholesalers If you are selling a product either through a retail store, Internet or wholesale, you will need to obtain a Sellers Permit: State Board of Equalization Field office – Los Angeles 5901 Green Valley Circle, Ste. 200 Culver City, CA 90230-6948 310-342-1000 FAX 1-310-342-1061 ASReg@boe.ca.gov www.boe.ca.gov The City of Hermosa Beach has a franchise agreement for commercial trash collection. To start service contact: Athens Commercial Trash Services 310-374-0301 http://www.athensservices.com Southern California Edison (SCE) 800-655-4555 www.sce.com Southern California Gas Company (SoCalGas) 562-803-7500 www.socalgas.com California Water Service 310-257-1400 www.calwater.com Verison http://www.verizon.com/home/verizonglobalhome/ghp_business.aspx Time Warner Cable (TWC) http://business.timewarnercable.com/ Commercial Trash Collection Electrical, Gas and Water Communications Page 12 Starting a Business in Hermosa Beach Check with Community Development to make sure the type of business you want to open is allowable in your chosen location. Evaluate Your Needs & Create a Business Plan Determine Your Business Name & Legal Structure Check into Zoning, Permits & Licenses Get a City Business License Determine Other Permitting Requirements Get Tax Information Recruit & Train Employees Acquire Employer Identification Numbers and Worker’s Compensation Insurance Retailers & Wholesales: Obtain Resale Permit Order Trash Collection, Gas, Electric and communications services July 2014 Please visit our website for extensive information on permitting and civic matters! www.hermosabch.org Checklist for New Businesses Economic Development 310-318-0208 Business Assistance & Questions Community Development Planning/Building 310-318-0235 Is the business allowed? Design & building requirements? What permits are needed? Planning Commission 310-318-0235 New building/addition Conditional use Change of use Alcohol service Business License Finance Cashier 310-318-0206 Coordinate Other Permits Public Works 310-318-0222: Use of sidewalk, street, Pier Plaza, sewer, drainage, encroachments LA County Health 626-430-5200: Food services Alcohol Beverage Control 562-982-1337: Alcohol Sales Coastal Commission 562-590-5071: Coastal Permits Building Permit Signs/Banner Permits 310-310-0235 Final Inspection Fire Marshal 310-318-0206 3/10/15 CITY COUNCIL AGENDA, STUDY SESSION: ECONOMIC DEVELOPMENT SUPPLEMENTAL SLIDES SUBMITTED BY SHELLI MARGOLIN-MAYER ON 3/10/15 AT 10:45 A.M. √ -Potential Tourism BID √ √ √ √ √ √ √ Fostering business development – reducing barriers to entry and regulation friction Business assistance handouts Development services customer service training and process mapping New application process for business licenses Free parking during business hours Downtown 2 Hour Free Parking program in partnership with the chamber Redevelopment of properties/uses Smart parking solution, congestion pricing As part of the Downtown 2 Hour Free Parking program, a demand pricing trial program was conducted to offset the cost of the free parking Roadway beautification We are moving forward with the PCH/Aviation project Question 3 – Opportunities and Possibilities Economic Development plan Top Priority Be Business Friendly Enhance and Grow Tax Base Foster Eclectic Downtown Business Areas Revitalize Entry Corridors High Priority Attract locally engaged businesses Ensure Economic Development is Sustainable Create Destination Tourism and Attractions Reduce Business/Neighborhood Conflicts Marketing: Engage Community & Communication Economic Development plan Economic Development plan Economic Development plan New business licenses Downtown Core Strategic Plan Partnerships with the Hermosa Beach Chamber of Commerce Business assistance projects and programs Tenanting Assistance Highlights Economic Development plan Customer Service Pier & Strand Proposed Mixed-Use Hotel Development OTO Proposed Mixed-Use Hotel Development Skechers Sociable City Highlights Economic Development plan Parking Available Parking Space Signage Events Highlights Economic Development plan Near Future Projects Entry and directional signage Tourism programs Bike parking Encouraging off-season film permits Weddings on the beach Nobel Park upgrades Trolley services Supporting the smoking ban on Pier Plaza Design to retail business incubator From: Ann Yang Sent: Monday, March 09, 2015 5:30 PM To: 'drslate@verizon.net'; 'fred@politicalscientists.com' Cc: Karen Nowicki; Nanette Barragan; Peter Tucker; Carolyn Petty; Hany Fangary; Michael DiVirgilio; Elaine Doerfling; Tom Bakaly (tbakaly@hermosabch.org) Subject: RE: Cover of agenda Hi Fred, The attached agenda cover has been submitted to a Granicus customer care engineer and we expect it to be updated for the next agenda packet. Thank you, Ann Yang Secretary to the City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Office: (310) 318-0216 Fax: (310) 372-6186 anny@hermosabch.org From: F.O. Huebscher [mailto:fred@politicalscientists.com] Sent: Monday, March 09, 2015 12:40 PM To: Ann Yang; Elaine Doerfling Cc: Karen Nowicki; Nanette Barragan; Peter Tucker; Carolyn Petty; Hany Fangary; divirgilio@hermosabch.org Subject: Cover of agenda Dear Ms. Yang, I wish to submit the following written communication under public comment for tomorrow's City Council meeting. Please note this email specifically deals with this agenda because it about the Agenda Cover and complies with the city's rule that a written communication submitted less than one week before a meeting must be regarding the specific agenda for that meeting. Dear Councilmembers, A while back the city changed it's agenda format and the cover for the agenda so now it first list the city council members and then under that it, it lists the "Executive Team." Unfortunately, the term "Executive Team" is misleading because three persons listed there are not executives of the city: the City Clerk, the City Treasurer and the City Attorney. The Executive Team are department heads who answer to the city manager and the city manager himself. The City Clerk and City Treasurer answer only to the voters of the city. And the City Attorney answers only to the City Council. Therefore, they cannot be part of the "Executive Team." I think it is important that the residents of the city don't get the false impression that Ms. Doerfling, Ms. Nowicki or Mr. Jenkins answer to the city manager. I would appreciate your changing the cover of future agenda packets to reflect that Ms. Doerfling, Ms. Nowicki and Mr. Jenkins are not city executives. In my mind, they ought to each be listed below the city council and above the city manager. Sincerely, Fred Huebscher Date Time Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Council Chambers City Council Mayor Peter Tucker Mayor Pro Tem Nanette Barragan Councilmembers Carolyn Petty Hany Fangary Michael DiVirgilio City Clerk City Treasurer City Attorney Elaine Doerfling Karen Nowicki Mike Jenkins Meeting Agenda Executive Team Tom Bakaly, City Manager Viki Copeland, Finance Director Diane Strickfaden, Assistant to the City Manager Andrew Brozyna, Public Works Director Ken Robertson, Community Development Director David Lantzer, Fire Chief Sharon Papa, Police Chief Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0244 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 SOCIABLE CITY (Economic Development Officer Shelli Margolin-Mayer) Recommended Action: 1.Receive and file Sociable City Evaluation of Nighttime Social Activities 2.Approve Sociable City Implementation Plan Background: In response to the challenging activities, in what can be called the City’s hospitality zone, between Pier Plaza, Monterey Ave, Hermosa Ave, 10th St and 14th St commercial areas, the Responsible Hospitality Association (RHI) was hired to do a “Sociable City Evaluation of Nighttime Social Activities.” On Friday September 12th, 2014 RHI, a non-profit organization, spent all day until closing time hours the next morning interviewing various members of the residential, business, hospitality and economic development community to learn about their perspective on Hermosa Beach’s evolution, their concerns, and insights on how conditions can be improved in relation to nighttime social activity. Their insight and suggestion are documented in their report (attached). In December 2014, stakeholders met to review the report with the RHI staff and determine next steps. From the report and subsequent stakeholders meeting, the attached Sociable City Implementation Plan was drafted with ideas and actions to improve the quality of life and business in the hospitality zone. Analysis: The RHI report suggests that anti-social behavior associated with late-night activity may limit the potential of continued development of daytime retail shops and fine dining. These behaviors have also discouraged some residents from visiting Pier Plaza at night. Concerns were noted surrounded nightlife patrons’ level of intoxication, disturbances to residents, bio-waste, crime and violence, noise, litter, burglary, theft, car break-ins, DUI, and other negative impacts on residential quality of life. The report states,“Residents are concerned about the ‘rough clientele’ who are drawn to their Hermosa Beach Printed on 3/5/2015Page 1 of 2 powered by Legistar™ File #:ID#2015-0244 community and perceive a sense of indifference among businesses that benefit from patronage, yet business owners are equally dismayed when patrons engage in anti-social behavior, as crime can deter their better-behaved clients.” The report discusses that long term residents, new residents and visitors seem to seek similar, if sometimes competing outcomes - family friendly with multiple options for events, dining and entertainment throughout the day and evening - yet with restrictions on how people gather in crowds and use the public space based on the time of day and type of social activity. Thus, several suggestions were proposed by RHI which the stakeholders group reviewed and expanded on in the attached Sociable City Implementation Plan. They include the following outline: ·Create Downtown Stakeholder Working Group - Meet before each downtown event to discuss issues and strategies ·Ambassador Program -Public Events, Weekends days and nights, Holidays and High Season ·Lighting -Interim Step before Downtown Strategy Implementation ·Business Visitations - Police Chief, Economic Development officer and other City Staff as appropriate ·Marketing - Positive and coordinated messaging ·Resident Focused Entertainment on Pier Plaza - Primarily between 7 pm - 10 pm ·Continue Hospitality Staff Training -Hospitality Association ·Smoking Ban on Pier Plaza - Encourage compliance The result of two meetings of the stakeholders group has started a much needed dialog between residence and business in the hospitality zone. These meetings offer a forum for communicating concerns, understanding the issues and finding win-win solutions. Funding for the proposed programs and activities listed above and attached in Sociable City DRAFT Implementation Plan will be proposed for the 15/16 budget discussions. Fiscal Implications: Funding for the proposed programs and activities listed above and attached in Sociable City DRAFT Implementation Plan will be proposed for the 15/16 budget discussions. Attachments: 1.Sociable City Evaluation of Nighttime Social Activities 2.Sociable City DRAFT Implementation Plan Respectfully Submitted by: Shelli Margolin-Mayer, Economic Development Officer Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 3/5/2015Page 2 of 2 powered by Legistar™           Hermosa Beach Evaluation of Nighttime Social Activity September 2014 Prepared For Contact Us  Shelli Margolin‐Mayer  Economic Development Officer  City of Hermosa Beach  1315 Valley Drive  Hermosa Beach, CA  90254  P: (310) 318‐0208  Jim Peters, President  Phone: 831.438.1404  Email: Jim@rhiweb.org  Alicia Scholer, Project Manager  Phone: 831.469.3396 ext 4#  Email: Alicia@rhiweb.org    Hermosa Beach Nighttime Evaluation September 2014 This is a preliminary report of observations, interviews, and background; it is not intended to be a comprehensive report on issues or solutions. Contents Executive Summary ................................................................................................................................................... 1  Between No Longer and Not Yet ........................................................................................................................... 1  Observations .............................................................................................................................................................. 2   Maintaining a Balance of Social Uses for Residents and Visitors ......................................................................... 2  Strategies to Manage Nightlife .............................................................................................................................. 3  Action Plan ................................................................................................................................................................. 5   Steps to Facilitate Positive Change ....................................................................................................................... 5  #1 – Convene a Working Group to Oversee the Development of Dining and Entertainment .......................... 5  # 2 – Document Current Social Options to Establish a Baseline to Evaluate Current Mix and Growth ............ 6  # 3 – Standardize Conditions to Establish a More Consistent and Contemporary Process .............................. 7  # 4 – Showcase Initiatives to assure on‐going Commitment to Collaboration ................................................. 8  # 5 – Adopt a Public Safety through Environmental Design Approach ............................................................. 8  Conclusion ................................................................................................................................................................. 9  Responsible Hospitality Institute ‐ Staff .................................................................................................................. 10      Hermosa Beach Nighttime Evaluation 1 RHI Summary  Executive Summary Between No Longer and Not Yet  The Responsible Hospitality Institute (RHI) was invited to observe Hermosa Beach’s downtown hospitality zone  during the day on Friday, September 12, 2014 until closing time hours the next morning. RHI staff interviewed  various members of the residential, business, hospitality and economic development community to learn about  their perspective on Hermosa Beach’s evolution, their concerns and insights on how conditions can be improved  in relation to nighttime social activity. This report will highlight a summary of recommendations generated by  interviews, observations and RHI’s experience working with more than fifty North American cities.  Hermosa Beach, like many waterfront communities, depends upon a steady flow of visitors to supplement local  patronage and thereby sustain an economic base. Through its many events, the city has earned a reputation as a  fun and family friendly destination. The revitalization of Pier Plaza has positioned downtown Hermosa Beach as  a vibrant regional destination for dining, entertainment and nightlife that attracts patronage from throughout  Los Angeles County and beyond. The natural asset of the beachfront, eclectic retail shops along Pier Avenue, and  unique dining and social options inspire pride among residents.   Pier Plaza in particular serves as a funnel of activity from surrounding retail shops, dining establishments and the  beach, as well as a gathering place for large crowds of people. The ROMA report proposes that it be upgraded  with more clearly defined areas for events, pedestrians, and outdoor seating.   Anti‐social behavior associated with several late‐night establishments may limit the potential of continued  development of daytime retail shops and fine dining, however. Current concerns with nightlife patrons include  their level of intoxication, disturbances to residents, bio‐waste, crime and violence, noise, litter, burglary, theft,  car break‐ins, DUI, and other negative impacts on residential quality of life. These challenges have raised  questions about the value that hospitality businesses bring to the community, and how to rein in challenges to  maximize benefits.   As with many cities facing similar conflicts, there is no one easy solution, as the issues themselves are complex  and rife with misperceptions. Residents are concerned about the “rough clientele” who are drawn to their  community and perceive a sense of indifference among businesses that benefit from patronage, yet business  owners are equally dismayed when patrons engage in anti‐social behavior, as crime can deter their better‐ behaved clients.   The objective for future development is to maintain a seamless transition between daytime uses, family‐ oriented events and ensuring nighttime activities are undertaken in a manner compatible with the area. There is  potential to change the current atmosphere so that vibrant late‐night activity can be sustained without the  strain on city resources to maintain public safety and quality of life.   Now is the time for the many invested, passionate stakeholders of Hermosa Beach to come together and chart a  new course for the future of their community. After all, as the inscription on the wall of the Hermosa Beach  Playhouse states, “Where there is no vision the people perish.”    Hermosa Beach Nighttime Evaluation 2 RHI Summary  Observations Maintaining a Balance of Social Uses for Residents and Visitors  One overriding barrier to progress observed and commented upon through interviews is the sense of mistrust,  finger‐pointing and blame. Each perspective group has done their best to address issues within their own  capacity but have fallen short without a unified approach. Long term residents, new residents and visitors seem  to seek similar, if sometimes competing outcomes – family friendly with multiple options for events, dining and  entertainment throughout the day and evening – yet with restrictions on how people gather in crowds and use  the public space based on the time of day and type of social activity.    RHI witnessed first‐hand the transition of activity and demographics from day to night, supported by testimony  in interviews. During the day, families and friends of multiple ages congregated at the beach as children tossed  balls on the plaza; shoppers visited stores along Pier Avenue and dined at the various cafes and restaurants in  outdoor seating. As the sun began to set, a younger crowd emerged, representative of the ethnic diversity of the  broader LA County region.   Nightlife patrons waited in organized, stanchioned line queues to enter popular hotspots while others milled  around the plaza. Some stakeholders whom RHI interviewed expressed concern that these lines begin too early,  especially when there are family oriented activities, and that unruly and offensive behavior occurs by those  standing in line. It was suggested that in place of lines that patrons be provided with a pager and then be  allowed to disperse throughout downtown.   While this may be a good system for a more enclosed area such as a mall, RHI’s experience with active urban  nightlife districts indicate that stanchioned lines are a more effective and appropriate way to maintain public  space order. Further, there is an opportunity for security staff to observe the behavior of patrons waiting in line  to gauge their level of intoxication, or observe young adults whose nervousness might be a sign of an underage  person attempting to illegally enter a licensed venue. A compromise might be to set a designated time later in  the evening when venues can establish a line so that families will be less likely to witness them in the plaza.   On several occasions, RHI witnessed hospitality venues’ security staff refusing entry to individuals who were  visibly intoxicated; these individuals then meandered in the plaza or entered the lines of other establishments,  which may or may not have also barred them entry.   RHI observed most nighttime patrons appeared well behaved and complied with venue security and  enforcement officers’ requests to move if they were smoking in the plaza, though many were clearly intoxicated  and loud by 1:00am as they migrated from venues with earlier closing times to the Plaza with later hours for  establishments. In addition to loud conversations, other sources of sound included music and alarms from car  vehicles in parking garages, from house parties, and venues (though a house party on Palm Drive was  significantly louder than any of the on‐premise venues). Although there were a few notable venues in  surrounding areas, all roads seemed to lead nighttime visitors to Pier Plaza, the primary destination for dining,  entertainment and nightlife activity.  A large clustering of police officers were observed stationed by their cars on the Plaza; only one or two officers  were observed to move throughout the crowds or side streets as establishments on surrounding streets closed  earlier. This is a potential gap in monitoring. However, public safety resources are already stretched thin. Back‐ to back daytime events bring additional crowds to manage when they stay downtown to play at night.     Hermosa Beach Nighttime Evaluation 3 RHI Summary  Finally, the Roberts Liquor Store in the middle of the Pier Plaza likely exacerbates issues and fuels the  opportunity to pre‐load and after‐party. Reports from community service officers, code compliance officers and  others indicate continued drinking in parking lots and resultant noise, litter and bio waste can be linked to the  purchase of alcoholic beverages until 2 am as many of the on‐premise businesses close earlier.   Strategies to Manage Nightlife   Recognizing the observations were limited to one day and one night, and thus RHI was unable to observe a more  active night or events, this preliminary summary is based on interviews and documents provided to RHI. Below is  a list of strategies attempted or utilized thus far. Many are notably proactive, such as those initiated by the  Hospitality Association, yet there was no indication of data to support if and how effective the policy and  legislative strategies have been at managing impacts.    Hospitality Association (which comprises about 90% of downtown businesses) has invested in various  proactive public safety measures, including the following:  o On major holidays, they hire private security (off‐duty police captains) to patrol Pier Plaza and  rent portable facilities.   o Purchased timed lighting to help disperse crowds on Pier Plaza.   o Voluntary participation in Responsible Beverage Service Training, where the police chief joins  in the training. So far, 300 out of 500 total employees have been trained since February 2014.   o Underage drinking stings – 12 out of 60 venues in multiple cities (Hermosa Beach, Redondo  Beach, Manhattan Beach, and El Segundo) were cited. Most of the citations were for small off‐ premise retail shops.   o Voluntary security assessments/plans by licensed venues turned into and reviewed by the  police about venues’ best practices, staff training requirements, management of safety through  technology (e.g. ID scanners), etc.  o Discouragement of members from selling drinks for less than $3.00.  o Trash clean‐up in parking lots by venue staff.   City Council’s Late Night Action Plan, which is part of Council’s Strategic Plan, led to the 2012 Code  Amendment – “No Intensification of Late Night On‐Sale Alcoholic Beverage Establishments.”  o The goals of this document were as follows:   Prevent an increase in the total number of permitted “late night, alcohol‐serving  establishments” (i.e. open past 11:00 pm) over the number of such establishments  currently operating citywide.    Prevent an increase in the total number of permitted hours of all “late night, alcohol‐ serving establishments” currently operating citywide.   Prevent the expansion and intensification of individual “late night, alcohol‐serving  establishments” through increases in occupant loads as a result of increases in square  footage and/or floor plan alterations.    Encourage the voluntary reduction in permitted hours of operation for “late night,  alcohol‐serving establishments” in the city through negotiations to exchange permitted  late‐night hours for other city entitlements.    Encourage a diverse commercial sector in the city with a full‐range of services for both  residents and visitors.   o This allows City Council to:   o Set a cap on the total number of late‐night drinking establishments. The cap was set at  36, five fewer than the (then) total of 41 establishments that serve alcohol past  11:00pm.    Hermosa Beach Nighttime Evaluation 4 RHI Summary  o Approve or deny CUP amendment requests e.g. remodeling, raising occupancy  capacity.  o Grant business incentives e.g. live entertainment and dancing permits if businesses  voluntarily reduce their alcohol serving hours.   o Approve additional late‐night alcohol‐serving hours if it benefits the community e.g.  hotels.   Deployment and Resource Allocation  o Code Compliance officer patrols at night.   o Bar checks conducted with 3‐4 police officers and firefighters. Note: In 2012, City Council  approved $20,000 in overtime pay for the Fire Department to hire off‐duty personnel to conduct  occupancy checks.     Planning Commission has a twice annual CUP review process.        Hermosa Beach Nighttime Evaluation 5 RHI Summary  Action Plan Steps to Facilitate Positive Change  A more systematic review of what’s working and what’s not will be necessary to achieve a greater balance of  uses and activities in Hermosa Beach. It is an ongoing challenge to simultaneously respect the rights of property  owners, engage business owners that have invested their livelihoods in current operations, manage public safety  impacts, and the concerns of residents. There is an opportunity to rebrand Hermosa Beach in a yet to be defined  vision that satisfies the concerns of residents and elected officials to maintain order and resources, while  continuing to harness the vibrancy and appeal of the city as a destination.   Managing risk of late‐night social activity in an environment like Pier Plaza and surrounding area requires a focus  on three dimensions:   Assuring Safety: In order to have fun, people must feel safe within venues and on the street in  hospitality zones. Effective public safety requires a continuum of collaborative partnerships, from  licensing and permitting to enforcement and regulatory agencies to prevent disorder and reduce risk.  Safe venues boast trained management and staff who provide quality products and service. With  greater demand for nightlife, there is increased pressure for licensed beverage businesses to prevent  sales and service to underage and intoxicated persons, as well as assure the safety of patrons inside and  when they exit.   Planning for People: Mixed‐use development places residents and commercial businesses in close  proximity, which often spurs conflict about noise, trash, vandalism and social disorder. Coordinated  approaches to set community standards and hold patrons accountable for behavior can prevent or  address impacts to residents and visitors. For visitors and residents who do not live in walking distance  to nightlife activity, safe and convenient late‐night transportation is a critical amenity.   Enhancing Vibrancy: Hospitality zone vitality often extends from inside venues to the streets and  sidewalks in the form of outdoor dining, street entertainment, public markets and vendor shopping.  Balancing pedestrian flow and safety with ADA rules, panhandling management and lighting to connect  pathways is critical to successful sociability in the public and private spheres.  To achieve these objectives and build a stronger foundation for Hermosa Beach’s future, the following are  preliminary recommendations for consideration:  #1 – Convene a Working Group to Oversee the Development of Dining and Entertainment   RHI has traditionally worked closely with Business Improvement Districts (BIDs) in developing a strategy for  managing the evolution of a city’s nighttime economy. Cities like Providence, RI and Springfield, MO have  created a Hospitality Resource Panel (HRP) through their BID as a working group to monitor trends in the district  specific to nightlife, serve an advisory role to agencies and government officials, and advocate for policy, training  and recognition of best practices. Others have established a similar multi‐stakeholder network through formal  legislation as with the San Francisco Entertainment Commission.   Hermosa Beach is well positioned to take advantage of current and planned development, yet stakeholders may  still consider the benefit of creating a BID to better align the components of future growth. If this path is  pursued, it is important to recognize that social spaces such as cafes, restaurants and night clubs, as well as  public space events on the plaza, will require more dedicated attention as part of the overall plan for growth.    Hermosa Beach Nighttime Evaluation 6 RHI Summary  The need for dedicated resources is reinforced by the plaza’s “hospitality zone”, characterized by high intensity  periods that place greater demands on public safety operations, and impact the quality of life of residents when  not strategically managed through a partnership of stakeholders.   Public safety in hospitality zones requires a continuum of collaborative alliances, from licensing and permitting  to enforcement and regulatory agencies. A HRP can help facilitate on‐going communication among safety  agencies, businesses and residents to reduce risk. Establishing a foundation for safety in hospitality zones  requires systems in place that facilitate trust‐based relationships, as can be done through a HRP. These  relationship networks are critical to establishing partnerships with venue owners and staff, property owners,  and government officials, as well as engaging the community.   Next steps include the following:     Formalize a working alliance among key stakeholders (hospitality, safety, development, and  community) to define and develop an action plan for Hermosa Beach’s vision for events, dining and  entertainment. This alliance, a Hospitality Resource Panel (HRP) can be a more inclusive review body  or advisory group to the planning commission or city council for review of new business applications or  coordinated intervention with at‐risk businesses.    This working alliance may also serve as a catalyst exploring the feasibility and potential structure of a  BID and how to allocate resources for marketing and safety for day, evening and late‐night activity.    Identify risk patterns in the business community before problems arise. Video surveillance, place of  last drink data, a central database of violations, inspection reports, and calls for service are all data  points to identify emerging patterns in individual venues or surrounding areas.   Clearly convey rules and regulations of the many agencies that license, regulate and enforce the  nighttime economy with regular forums to share data, receive feedback from community organizations  and businesses on emerging trends and create collaborative problem solving.   Assist businesses to access information before they open and when they need help.    Take proactive rather than reactive measures to monitor compliance and address at‐risk businesses  that generate public safety and quality of life impacts.   # 2 – Document Current Social Options to Establish a Baseline to Evaluate Current Mix and Growth  New fine dining venues have elevated the potential for a more “culinary tourism” component to Hermosa  Beach’s image. By documenting these and other social and entertainment options, a more structured “Hermosa  Beach: It’s Not What You Think” campaign can help dispel the lingering reputation of being a “party town for  drinking.” Manhattan Beach, which is often cited as an example of quality shopping and dining, was in the not  too distant past in a similar position as Hermosa Beach regarding nightlife and safety challenges.   Next steps include the following:     Conduct an inventory of current dining and entertainment venues, seating occupancy, hours of  operation, price points, and entertainment offered.    Identify the trending patterns in new businesses opening (e.g. Dia De Campo, Palmilla, etc.) and how  they match the vision of the city.    Explore ways to incorporate street entertainment and performances to energize the Plaza and  maintain a more festive, family‐friendly feel. Proposed upgrades in the Downtown Core Revitalization  Strategy can be a guiding document for best integrating street performance.     Highlight assets that attract a diversified and varied age group (e.g. Comedy and Magic Club,  Lighthouse, etc.)     Hermosa Beach Nighttime Evaluation 7 RHI Summary  # 3 – Standardize Conditions to Establish a More Consistent and Contemporary Process  The evolution of Conditional Use Permits (CUP) over the decades creates inconsistency, perception of an unfair,  competitive environment, and challenges in enforcing compliance. A comparative study of all existing CUP’s  could establish a baseline for all businesses with special conditions based upon risk or impacts (e.g. limits on  amplified music when a venue is in close proximity of residents; trained security and safety plan for larger  occupancy venues operating after 10 pm with entertainment, etc.).   Staff from fire, parking, health, code compliance and other regulatory agencies, as well as businesses, the  residential community and public/private partnerships bring skills and programs to uphold safety in nightlife  districts and can reduce many of the issues that increase safety risk or social disorder. Whether through  exchange of information, formalized training, or a regulatory authority to impose boundaries of operations, any  attempts at regulatory or zoning reform should be inclusive of all sectors to “anticipate the reaction to the  action” and avoid conflicting results from the original intent.   Next steps include the following:    o Consolidate the conditions from all dining and entertainment businesses, as well as requirements for  special events, and determine commonality that are specific to safety, quality of life and enhancement  of economic development.   o Identify gaps in conditions or policy that might be inhibiting improvements to safety and economic  development.  o Rank the importance of existing conditions used. Determine if they are effective and if they are  enforceable with existing resources.   o Determine the feasibility of a code update that could prioritize and create standards for all current and  future businesses that match the long‐term objectives for Hermosa Beach and planned development of  dining and entertainment. These could be more specific to intended use and location. For instance:  o Designated areas within downtown for higher intensity of hospitality and entertainment (easy  access to parking, transportation, not in close proximity to residential, etc.) as well as areas with  lower intensity (close to residential, limited access to parking, transportation, sidewalk capacity,  etc.)   o Establish standards in an application process that matches risk by type of business, time of  day, and location of the venue. For example, a full dining establishment with limited seating  serving until 10 pm would require a different set of standards or plans than a social venue, with  entertainment (DJ or live) operating after 10 pm in a “high intensity” area. Such standards could  include sound management plan, security and crowd management plan, staff policies and  training, technology (e.g. cameras, ID scanners).  o Evaluate Hermosa Beach’s infrastructure to manage impacts with a growth in hospitality and nightlife  venues due to the proposed hotels, addition of retail shopping supported by cafes and restaurants, and  continued development of events. Such an evaluation would include:  o Matching growth with parking. Reconsider proposed (in the ROMA report) parking waiver for  restaurants, as these high occupancy businesses can drain parking resources and impact  residential areas resulting in late‐night disturbances.   o Determine a trash management plan – dining and entertainment venues can strain existing  trash management services. Consider a cluster approach with compacters and programmed  schedule to not impact traffic.     Hermosa Beach Nighttime Evaluation 8 RHI Summary  o Sidewalk capacity – identify areas more suitable for outdoor seating, venues requiring a  queueing system for entrances, etc.   # 4 – Showcase Initiatives to assure on‐going Commitment to Collaboration  A number of initiatives have been implemented in recent years, yet it seems communication among various  groups is spotty or inconsistent. Establish a regular forum (e.g. in‐person, social media, website) that  communicates progress and accomplishments, emerging trends or concerns and recognizes exceptional  performance.   In business districts with a BID in place, this entity can serve as the liaison among stakeholders for information  exchange. In lieu of the current situation, a less formal communication vehicle can be established to document  and share information and accomplishments.   Examples of information to be documented and communicated may include:    The Hospitality Association working with police chief in providing comprehensive training – status of  reaching and maintaining 500 security and service staff trained.     Inspections and citations issued (or alternatively a campaign of “X weeks without a citation”) by code  compliance agents.   Emerging trends or conflicts and measures taken to enhance development (e.g. addition of dining  seats (e.g. 3 restaurants offering unique food choices with 435 combined seats; 5 venues provide live  entertainment with combined seating of 700; frequency of responsible beverage service training  increased to meet growth of 150 hospitality services jobs, etc.).  # 5 – Adopt a Public Safety through Environmental Design Approach  Breakdowns in nightlife‐related safety range from quality of life impacts to property damage and crimes of  bodily harm. These can occur inside nightlife venues or outside of them in the hospitality zone. Reducing risk  contributes to prevention while effective, swift and appropriate response can contribute to positive perception  of safety.  Next steps include the following:     Display signage indicating the location of nearby restrooms at the end of the pier to reduce incidence  of public urination.   o Well‐lit, clean restrooms are available in close proximity to venues at the end of the pier, yet  visiting nightlife patrons are unlikely unaware of this amenity without signage, and therefore  incidences of public urination are common.    Clarify rules, regulations and messaging regarding smoking on Pier Plaza. If it’s truly not allowed,  remove ashtrays from poles. If those are designated smoking areas, then do not force people to leave  when they use them and congregate in those areas to smoke.    Inventory vacant properties to recruit new retail to generate a more diverse mix of shops.   Improve lighting in street level parking and other areas where individuals are walking at night.   Post signs about leaving valuables in view in cars to prevent temptation for break‐ins.        Hermosa Beach Nighttime Evaluation 9 RHI Summary  Conclusion Many of those interviewed for this report refer to Manhattan Beach as an example of how they’d like Hermosa  Beach to evolve. Unique retail shops, nice restaurants and entertainment venues without the late‐night activity  impacting residents are all referred to as what Manhattan Beach offers that Hermosa Beach lacks.   Yet it took time, dedication and growing pains for Manhattan Beach to evolve into the destination it is now. RHI  staff was involved in several lawsuits against nightlife businesses there about a decade ago. Cases involved poor  security, restaurants morphing into bars, underage drinking and over service leading to people’s death in DUI  crashes. Manhattan Beach faced many of the same challenges as Hermosa Beach, and the idealized view came  through incremental changes.   This report tries to identify more of a “half glass full” than a “half glass empty” status of Hermosa Beach. What  appears lacking is a mechanism for sharing progress and success in achieving a common vision. This is a key first  step toward transformation.   Of course, that common vision also needs to be clearly defined. Who is Hermosa Beach being developed for, and  whose rights and interests will dominate the decision making?   It is one thing to propose new uses for existing businesses that are perceived to be contributing to the negative  impacts people want to avoid. It is another to determine how to assure those businesses making an investment  that they can continue to operate in a profitable way, and property owners can sustain a return on their  investment.   Luckily, there is a bright light at the end of the tunnel. There are many positive signs of transformation in  Hermosa Beach. Demographics of the city are changing, a new police chief is inspiring confidence through  increased attention to compliance, enforcement and education, investments are being made in more upscale  and trendy dining venues, and a growing number of residents have mobilized to steward Hermosa Beach’s  future.   The ROMA Design Group ‐ Downtown Core Revitalization Strategy proposes an incremental strategy for  increasing positive uses around the plaza, which if successful, will increase foot traffic and patronage in the  downtown area. Increased vitality during the daytime may feed into nighttime tourism, which suggests a  complementary strategy incorporating both day and night strategies will be necessary to maintain vibrancy,  public safety and quality of life.    Perhaps a good lesson to consider moving forward is a quote from Josiah Gilbert Holland:   “There is no royal road to anything. One thing at a time, and all things in succession. That which grows slowly  endures.”      Hermosa Beach Nighttime Evaluation 10  RHI Summary – October 2014    Responsible Hospitality Institute ‐ Staff The Responsible Hospitality Institute (RHI) is a non‐profit organization founded in 1983 and is the leading  source for events, resources and consultation services on nightlife. RHI assists communities in the planning and  management of hospitality zones to create safe, vibrant and economically prosperous places to socialize.   RHI’s expertise has helped more than 60 communities facilitate collaborative solutions to the most difficult  nightlife challenges. Utilizing insights and model practices gathered from dozens of cities and countries  throughout the world, RHI is in a unique position to guide communities’ nightlife development by sharing  lessons learned and helping city leaders avoid common pitfalls.   Since 2003, RHI has conducted more than five dozen Hospitality Zone Assessments and a dozen Hospitality Zone  Evaluations, which have included first‐hand observation during tours of nightlife districts, and facilitated focus  groups to determine trends, issues, resources and improvement areas. RHI has showcased best practices and  model policies through regular conferences, leadership summits, regional forums, and online webinars.   Staff Background and Role   Jim Peters is the founder and president of RHI. He is the change agent and visionary who monitors trends  and determines how to adapt the organization to keep pace with new challenges. Jim oversees  development of all of RHI’s program areas to provide a conceptual framework and standards for  implementation. Jim is a frequent speaker at conferences and events to orient audiences to RHI’s  mission.   Phone: 831.438.1404  Email: Jim@RHIweb.org  Role: Lead facilitator, seminar instructor, strategic development    Alicia Scholer joined RHI in 2006 and serves as the Project Manager, overseeing and coordinating special  projects. Alicia oversees resource development in the form of webinars and publications. She  coordinated logistics and developed summary reports for more than twenty Hospitality Zone  Assessments and seminar services throughout North America.  Phone: 831.469.3396 ext 4#  Email: Alicia@RHIweb.org  Role: Coordinate logistics, conduct background research, maintain correspondence, documentation and  report development    Sociable City DRAFT Conceptual Implementation Plan Create Downtown Stakeholder Working Group Meet before each downtown event to discuss issues and strategies 2 Restaurants - 1 Pier Plaza & 1 Hermosa Ave2 Residents 1 Retail 1 Service Business 1 Hotel City Staff (Econ Dev, PD, PIO, Community Recourses and other departments, as needed) Ambassador ProgramPublic Events, Weekends days and nights, Holidays and High Season Greet and Provide information to residents and visitors Give directions Safely escort visitors and employees to and from vehicles and businesses upon request Communicate w/ PD and report problems Report problems to City departments Keep Downtown Clean Provide directions to Homeless services Remind folks not to smoke and direct them to designated smoking areas Handout a brochure listing all businesses in the Downtown Lighting Interim Step before Downtown Strategy Implementation Pier Plaza o More lights on trees on Pier Plaza o String lights across Pier Plaza o Increase lighting in Lots A, B, C & D Business Visitations Annual individual onsite visits w/ Police Chief and Econ Dev Officer Hospitality Association meetings w/ Police Chief and Econ Dev Officer Meeting per request with City Manager or other Dept. Head Security staff training for late night establishments – Certificated program Marketing Stakeholder group to work with City Public Info Officer to create positive marketing programs Businesses create coordinated positive messaging Advertise and “Alcohol Awareness Month” and educate about drunk driving Use social media and email lists from stakeholders Resident Focused Entertainment on Pier Plaza Primarily between 7 pm – 10 pm Art Walk (Look into Hunting Beach activates) Movies on the Plaza o Sing-alongs (Sound of Music, etc.) o Cult classics (Rocky Horror, etc.) o Retro Classics (Casa Blanca, Hitchcock, etc.) Ballroom Lessons & Dancing Local dog shows Stage Music o Big Band o Jazz o Classical o Choirs (non-religious performance) o Cultural Performances Permit & Regulate Individual Street Performances o Acoustical only o Requiring business license and special type of event permit o Static locations o Residents of Hermosa Beach preferential performer program o Acts approved by Community Resources staff Local Children and School Performances o Choirs o Bands o Dance o High School Rallies Continue Hospitality Staff Training Hospitality Association Underage Drinking Security Customer Service Smoking Ban on Pier Plaza Encourage Compliance Poster for exits to all business on Pier Plaza Advertise in the visitors magazine that goes to all hotels Better signage at designated smoking areas Directional signage to designated smoking areas Explore better cigarette butt receptacles for Downtown 3/10/15 CITY COUNCIL AGENDA STUDY SESSION: SOCIABLE CITY SUPPLEMENTAL SLIDES SUBMITTED BY SHELLI MARGOLIN-MAYER ON 3/10/15 AT 10:45 A.M. Sociable City Transition from this to more of… Sociable City Sociable City Sociable City Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0241 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of February 24, 2015 MEMORANDUM REGARDING CITY COUNCIL MINUTES Recommended Action: It is recommended that the City Council receive and file the memorandum regarding City Council minutes. Summary: Election duties continue to be a priority and because of the time-sensitive nature of these duties, I have been unable to complete any of the past minutes for approval at this meeting. Please note that we are scheduled to have a policy discussion with City Council on April 28, 2015, about minutes in general. This will give staff some time to provide information for that discussion since the election will be over. Submitted by: Elaine Doerfling, City Clerk Concur: Tom Bakaly, City Manager Hermosa Beach Printed on 3/5/2015Page 1 of 1 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0234 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 CHECK REGISTERS (Finance Director Viki Copeland) Recommended Action: To ratify check registers Attachments: 1.Check Register 2-19-15 2.Check Register 2-26-15 Approved: Viki Copeland, Finance Director Hermosa Beach Printed on 3/5/2015Page 1 of 1 powered by Legistar™ 02/19/2015 Check Register CITY OF HERMOSA BEACH 1 4:18:14PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76778 2/19/2015 00321 A T AND T 24813494544628 Circuit Billing - Feb 15 001-2101-4304 27.37 Total : 27.37 76779 2/19/2015 10783 ACCOUNTING PRINCIPALS 6811644 TEMP SVC - W/E 1/18/15 001-1202-4201 1,168.00 Total : 1,168.00 76780 2/19/2015 19138 ADAMS, TOM 120405911 Refund for cash key/dep #151761 001-2117 37.25 Total : 37.25 76781 2/19/2015 17442 ALMANZA, EDWARD P 24 Project Mgr-Enviro Rpt/11/5-2/5/15 001-2109 1,793.20 Total : 1,793.20 76782 2/19/2015 16510 AT AND T 6146921 Long Dist Charges/Dec 14 001-1121-4304 0.04 001-1132-4304 0.01 001-1141-4304 0.03 001-1201-4304 0.53 001-1202-4304 0.26 001-1203-4304 0.16 001-2101-4304 2.61 001-2201-4304 0.82 001-4101-4304 0.19 001-4201-4304 0.78 001-4202-4304 0.73 001-4204-4321 0.09 001-4601-4304 0.31 001-1204-4304 0.64 001-3302-4304 0.12 715-1206-4304 0.07 Total : 7.39 76783 2/19/2015 16660 ATHENS SERVICES HB4040181214-2 EXTRA PORTER SVC- GALAXY EVENT 1Page: 02/19/2015 Check Register CITY OF HERMOSA BEACH 2 4:18:14PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76783 2/19/2015 (Continued)16660 ATHENS SERVICES 001-3301-4201 257.17 Total : 257.17 76784 2/19/2015 17599 BAKALY, TOM TR-393 Travel Exp Reimb/CM Conf 001-1201-4317 224.83 TR-394 Travel Exp Reimb/ICA SEMINAR 001-1201-4317 247.83 Total : 472.66 76785 2/19/2015 11575 BANK OF NY MELLON TRUST CO NA, THEHERMOSA9702 Bond Pymt/Myrtle Ave 617-2252 10,458.75 HERMOSAA02 Bond Pymt/Loma Dr. 618-2252 11,606.25 Total : 22,065.00 76786 2/19/2015 09614 BROMBERG, GEORGE 20915 300' Noticing - FEB 2015 001-4101-4201 998.00 Total : 998.00 76787 2/19/2015 19140 CALEY, JAMES 120405907 Citation Refund #200155842 001-3302 38.00 Total : 38.00 76788 2/19/2015 09269 CALIFORNIA COASTAL COALITION 2119 Memebership Renewal/2015-16 001-1101-4315 750.00 Total : 750.00 76789 2/19/2015 09632 CDWG SF59481 Software/Jan 15 001-2101-4305 315.00 Total : 315.00 76790 2/19/2015 00634 CHEVRON AND TEXACO CARD SER 43518888 Gas Card Purchases/Jan 15 715-2101-4310 213.22 Total : 213.22 76791 2/19/2015 18178 COLLINS, CLAY 9369 Auto Repair/#199259 715-2101-5403 200.00 2Page: 02/19/2015 Check Register CITY OF HERMOSA BEACH 3 4:18:14PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76791 2/19/2015 (Continued)18178 COLLINS, CLAY 9370 Auto Repair - #199257 715-2101-5403 200.00 Total : 400.00 76792 2/19/2015 02823 CRAWFORD, JAMES TR-403 Travel Exp ReimB/Firehouse 001-2201-4317 173.90 Total : 173.90 76793 2/19/2015 18641 CTR PRIORITY BASED BUDGETING 0115.04 Prof Svc & Exp/Priority Budget 001-1202-4201 20,000.00 Total : 20,000.00 76794 2/19/2015 01397 EMPLOYMENT DEVELOPMENT DEPT 1615836352 Unemployment Claims/OCT-DEC 14 705-1215-4186 847.88 Total : 847.88 76795 2/19/2015 15059 EVANS, MARLIN 460105724 Instructor Payment/#5091,96,98,5100 001-4601-4221 490.00 Total : 490.00 76796 2/19/2015 19137 FINK, SUSAN 03-FEB-15 Class Refund 001-2111 60.00 Total : 60.00 76797 2/19/2015 09692 FRILOT, MIKE 210105917 Travel Exp Reimb-Assertive Supv 001-2101-4312 45.00 Total : 45.00 76798 2/19/2015 11379 GREBBIEN, BRIAN TR-405 Travel Exp Reimb/Firehouse 001-2201-4317 60.00 Total : 60.00 76799 2/19/2015 16333 GREEN TECHNOLOGY 483434-994478 Regis/F Valles-CalGreen-Challenges 001-4201-4317 115.00 Total : 115.00 76800 2/19/2015 13909 HOLMAN PROFESSIONAL 120305912 Regis/D Strickfader-Critical Incidents 3Page: 02/19/2015 Check Register CITY OF HERMOSA BEACH 4 4:18:14PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76800 2/19/2015 (Continued)13909 HOLMAN PROFESSIONAL 001-1203-4320 375.00 Total : 375.00 76801 2/19/2015 03432 HOME DEPOT CREDIT SERVICES 5596 Hardware Supplies -Dec-Jan 15 001-4204-4309 821.10 001-4601-4305 145.68 001-4601-4201 57.03 Total : 1,023.81 76802 2/19/2015 19141 HUB INTERNATIONAL SERVICES 460105930 TULIP INS - Jan 15 001-3897 299.35 Total : 299.35 76803 2/19/2015 09139 IRON MOUNTAIN LCH2356 Off Site Storage/Feb 2015 001-1121-4201 156.37 Total : 156.37 76804 2/19/2015 19142 JESKOWIAK, IVOR 21115 Excursion Refund 001-2111 65.00 Total : 65.00 76805 2/19/2015 00118 LA SUPERIOR COURT - TORRANCE 120405812 Citation Surcharges/Nov 2014 001-3302 49,773.10 120405813 Citation Surcharges/ Dec 2014 001-3302 56,438.80 12045810 Citation Surcharges/Oct 2014 001-3302 64,579.40 Total : 170,791.30 76806 2/19/2015 15442 LANTZER, DAVE TR-407 Travel Exp Reimb/Firehouse 001-2201-4317 325.38 Total : 325.38 76807 2/19/2015 00167 LEARNED LUMBER B436522 drywall - base 3 restroom 001-4204-4309 17.55 Total : 17.55 4Page: 02/19/2015 Check Register CITY OF HERMOSA BEACH 5 4:18:14PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76808 2/19/2015 18439 LINK2LIFE 2234-5 CPR/Aid training 001-2201-4317 2,310.00 Total : 2,310.00 76809 2/19/2015 17288 LOS ANGELES PHILHARMONIC ASSOC 440143 Excursion/2015 001-4601-4201 1,983.00 Total : 1,983.00 76810 2/19/2015 10768 MARIN CONSULTING ASSOCIATES 210105916 Regis/M. Frilot-Assertive Supv 001-2101-4312 275.00 Total : 275.00 76811 2/19/2015 07060 MARKS, AARON TR-384 Travel Exp/CCAI Conf/A. Marks 001-2201-4317 398.72 TR-404 Travel Exp Reimb/Firehouse 001-2201-4317 343.10 Total : 741.82 76812 2/19/2015 18545 MIRKOVICH, JULIA 21115 Refund Rental Dep 001-2111 1,000.00 Total : 1,000.00 76813 2/19/2015 13114 OFFICE DEPOT 751502900001 Office Supplies/Jan 15 001-2101-4305 96.24 751750160001 Office Supplies/Jan 15 001-2201-4305 62.42 751754496001 Office Supplies/Jan 15 001-2201-4305 56.89 752694965001 Color Ink - Jan 15 001-4202-4305 71.90 Total : 287.45 76814 2/19/2015 16650 PAYPAL INC 38038679 Credit Processing - Prkg Meters/Jan 15 001-3302-4201 211.40 001-3305-4201 978.66 001-3304-4201 930.16 001-3302-4201 792.96 5Page: 02/19/2015 Check Register CITY OF HERMOSA BEACH 6 4:18:14PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 2,913.18 76814 2/19/2015 16650 PAYPAL INC 76815 2/19/2015 02715 PUBLIC SAFETY CENTER INC 210105879 Pepper Spray 001-2101-4305 183.37 Total : 183.37 76816 2/19/2015 13255 REDMOND, GEORGE DAVID 33804 Locksmith Services - Feb 15 001-2101-4305 10.90 Total : 10.90 76817 2/19/2015 03282 REDONDO BEACH, CITY OF 558583 City Prosecutor Svc - Jan 15 001-1132-4201 16,667.00 Total : 16,667.00 76818 2/19/2015 08837 REDONDO BEACH, CITY OF 558575 Fuel Purchases/Sept 14 715-2201-4310 1,288.56 558576 Fuel Purchases/Oct 14 715-2201-4310 1,281.64 715-3102-4310 383.66 558577 Fuel Purchases/Nov 14 715-2201-4310 801.12 715-3102-4310 154.38 558578 Fuel Purchases/Dec 14 715-2201-4310 1,071.85 715-3102-4310 630.83 Total : 5,612.04 76819 2/19/2015 19136 SAXEY, RUTH 020215 Excursion Refund-unable to attend 001-2111 65.00 Total : 65.00 76820 2/19/2015 12212 SB POLICE TRAINING COMMITTEE 020515-03 2015 Membership-SBPTC 001-2101-4315 340.00 Total : 340.00 76821 2/19/2015 00114 SMART AND FINAL IRIS COMPANY 60124600010322063 Supplies/Jan 15 6Page: 02/19/2015 Check Register CITY OF HERMOSA BEACH 7 4:18:14PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76821 2/19/2015 (Continued)00114 SMART AND FINAL IRIS COMPANY 001-4601-4305 26.14 001-1101-4305 48.32 001-2101-4306 32.97 001-4601-4308 434.69 001-4204-4309 187.50 001-4601-4328 128.97 Total : 858.59 76822 2/19/2015 10532 SOUTH BAY FORD 435353 Auto Parts Purchase - 715-2101-4311 38.61 435841 Auto Parts Purchase - 715-2101-4311 15.91 436099 Auto Parts Purchase - 715-2201-4311 48.42 CM409733 Auto Parts Return 715-2101-4311 -81.75 Total : 21.19 76823 2/19/2015 00159 SOUTHERN CALIFORNIA EDISON CO 2-00-989-6911 Electrical Billing - Jan 15 105-2601-4303 173.35 2-00-989-7315 Electrical Billing - Jan 15 105-2601-4303 13,430.58 2-01-414-1071 Electrical Billing - Dec 14 001-4204-4303 1,966.68 2-01-414-2152 Electrical Billing - Dec 14 001-6101-4303 1,012.55 2-01-414-3747 Electrical Billing - Dec 14 105-2601-4303 55.36 2-01-414-3994 Electrical Billing - Dec 14 160-3102-4303 79.46 2-01-414-4281 Electrical Billing - Dec 14 105-2601-4303 453.12 2-01-414-5106 Electrical Billing - Dec 14 001-3104-4303 478.02 7Page: 02/19/2015 Check Register CITY OF HERMOSA BEACH 8 4:18:14PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76823 2/19/2015 (Continued)00159 SOUTHERN CALIFORNIA EDISON CO 2-08-629-3669 Electrical Billing - Jan 15 001-4204-4303 115.61 2-19-024-1604 Electrical Billing - Jan 15 001-4204-4303 2,004.16 2-20-128-4825 Electrical Billing - Jan 15 001-3304-4303 1,261.94 2-20-128-5475 Electrical Billing - Jan 15 001-4204-4303 134.04 2-20-984-6369 Electrical Billing - Jan 15 105-2601-4303 130.40 2-23-687-8021 Electrical Billing - Jan 15 001-3104-4303 35.36 2-23-725-4420 Electrical Billing - Dec 14 001-4204-4303 3,901.93 2-31-250-3303 Electrical Billing - Jan 15 001-4204-4303 31.76 Total : 25,264.32 76824 2/19/2015 16279 SOUTHTREND CORPORATION 15-112411 Passport Photo Paper 001-1121-4305 219.00 Total : 219.00 76825 2/19/2015 18660 STOEL RIVES LLP 3797477 Legal Svc/Dec 14 001-2109 1,248.00 Total : 1,248.00 76826 2/19/2015 19082 T MOBILE 946625962 Phone Charges/Dec 14 001-2101-4304 111.43 001-3302-4304 20.85 001-2101-4201 1,072.22 001-2101-4304 225.94 001-3302-4304 48.30 001-2101-4201 460.36 Total : 1,939.10 76827 2/19/2015 19131 TACK, STEVEN 120205931 Assessmt Tax Rebate-2014 8Page: 02/19/2015 Check Register CITY OF HERMOSA BEACH 9 4:18:14PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76827 2/19/2015 (Continued)19131 TACK, STEVEN 105-3105 24.61 Total : 24.61 76828 2/19/2015 13270 THE BANK OF NEW YORK MELLON 23-JAN-15 SAFEKEEPING 2ND QTR 001-1141-4201 875.00 Total : 875.00 76829 2/19/2015 00015 VERIZON CALIFORNIA 3104062421 Phone Charges/Circuit 001-2101-4304 60.79 310PL00347 Phone Charges/circuit 001-2101-4304 45.91 310RTO0181 Phone Charges/circuit 001-2101-4304 67.31 310UH99686 Phone Charges/Circuit 001-2101-4304 164.88 310UHO3618 Phone Charges/Circuit 001-2101-4304 439.11 310VM66158 Phone Charges/Circuit 001-2101-4304 117.20 Total : 895.20 76830 2/19/2015 13494 WEISS, DENNIS L 3786 Envelopes - Jan 15 001-1208-4305 1,253.00 Total : 1,253.00 76831 2/19/2015 01206 ZUMAR INDUSTRIES 0156788 Street Sign Maint Material 001-3104-4309 347.98 Total : 347.98 2192015 2/19/2015 00243 HERMOSA BEACH PAYROLL ACCOUNT 02192015 PAYROLL 2/01/15 T0 2/15/15 9Page: 02/19/2015 Check Register CITY OF HERMOSA BEACH 10 4:18:14PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 2192015 2/19/2015 (Continued)00243 HERMOSA BEACH PAYROLL ACCOUNT 001-1103 664,626.03 105-1103 3,353.24 115-1103 742.73 117-1103 1,851.04 145-1103 98.88 147-1103 742.73 152-1103 58.13 160-1103 4,822.13 705-1103 2,595.03 715-1103 4,593.88 Total : 683,483.82 5410932 2/19/2015 14691 ADMINSURE AS AGENT FOR THE 02172015 Liability Claims Reimb - 2/9 - 13/15 705-1217-4324 18,106.44 Total : 18,106.44 Bank total : 990,312.81 56 Vouchers for bank code :boa 990,312.81Total vouchers :Vouchers in this report 56 10Page: 02/19/2015 Check Register CITY OF HERMOSA BEACH 11 4:18:14PM Page:vchlist 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 2-19-15 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 3-2-15 11Page: 02/26/2015 Check Register CITY OF HERMOSA BEACH 1 5:30:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76832 2/26/2015 00321 A T AND T 3107966526 Circuit Billing - Feb 15 001-2101-4304 116.58 3312546071301 Circuit Billing - Feb 15 001-2101-4304 58.13 332676161416 Circuit Billing - Feb 15 001-2101-4304 59.94 332676165 Circuit Billing - Feb 15 001-2101-4304 51.11 3332676155686 Circuit Billing - Feb 15 001-2101-4304 189.89 3332676160767 Circuit Billing - Feb 15 001-2101-4304 59.94 3332676164193 Circuit Billing - Feb 15 001-2101-4304 51.11 Total : 586.70 76833 2/26/2015 10783 ACCOUNTING PRINCIPALS 6837196 TEMPORARY SERVICES/W/E 2/1/15 Johnson,G 001-1202-4201 960.00 Total : 960.00 76834 2/26/2015 11437 ADMINISTRATIVE SERVICES CO OP 322095 Taxi Voucher Program - Dec 14 001-1101-4319 26.85 Total : 26.85 76835 2/26/2015 06827 ALL CITY MANAGEMENT 37754 Crossing Guard Service/Jan 4-15, 2015 001-2102-4201 5,499.00 37907 Crossing Guard Service/Jan 18-31, 2015 001-2102-4201 4,923.72 Total : 10,422.72 76836 2/26/2015 00648 ALL MAKES OVERHEAD DOOR CO 25285 Repair - Gate-City Yard/Dec 14 001-4204-4201 620.00 Total : 620.00 76837 2/26/2015 12685 ANIMAL EMERGENCY REFERRAL 65553 Emergency Vet Services/Dec 14 001-3302-4201 120.00 1Page: 02/26/2015 Check Register CITY OF HERMOSA BEACH 2 5:30:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 120.00 76837 2/26/2015 12685 ANIMAL EMERGENCY REFERRAL 76838 2/26/2015 08614 ASPEN ENVIRONMENTAL GROUP 3283.001-01 PROJ HAZARD ANALYSIS/Nov-Dec 14 001-2108 14,784.76 Total : 14,784.76 76839 2/26/2015 17271 BARROWS, PATRICK 460105942 Instructor Payment/Feb 15 001-4601-4221 1,324.40 Total : 1,324.40 76840 2/26/2015 12387 BARTEL ASSOCIATES LLC 15-077 OPEB Valuation Svc/Jan 15 001-1203-4201 1,485.00 001-1202-4201 375.00 Total : 1,860.00 76841 2/26/2015 06409 BLUE DIAMOND MATERIALS 432995 RI Maint - Asphalt/Feb 14 001-3104-4309 212.11 Total : 212.11 76842 2/26/2015 00163 BRAUN LINEN SERVICE 1221637 Prisoner Laundry/Jan 15 001-2101-4306 42.60 1223120 Prisoner Laundry/Jan 15 001-2101-4306 96.71 1224573 Prisoner Laundry/Jan 15 001-2101-4306 55.26 1226020 Prisoner Laundry/Jan 15 001-2101-4306 45.94 Total : 240.51 76843 2/26/2015 00016 CALIFORNIA WATER SERVICE 4286211111 Water Usage-12/11/14-1/12/15 105-2601-4303 1,211.50 001-6101-4303 2,392.74 001-4204-4303 957.31 001-3304-4303 154.27 Total : 4,715.82 76844 2/26/2015 10838 CANON BUSINESS SOLUTIONS, INC 4015109105 Copier Maintenance/Feb 15 2Page: 02/26/2015 Check Register CITY OF HERMOSA BEACH 3 5:30:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76844 2/26/2015 (Continued)10838 CANON BUSINESS SOLUTIONS, INC 715-1208-4201 1,546.82 715-3302-4201 26.50 715-4601-4201 0.92 715-2201-4201 171.63 Total : 1,745.87 76845 2/26/2015 15636 CENTER FOR PUBLIC TR-414 Seminar/CFAI April 2015/B. Grebbien 001-2201-4317 650.00 TR-415 Seminar/CFAI April 2015/M. Garofano 001-2201-4317 650.00 Total : 1,300.00 76846 2/26/2015 16167 CIVIL SOURCE INC 1017-403-11 Temp Engineer Stafffing Svc/Jan 15 001-4202-4201 10,680.00 Total : 10,680.00 76847 2/26/2015 08533 CMTA 200000239 Dues - April 15 CMTA Conference 001-1141-4317 560.00 Total : 560.00 76848 2/26/2015 18178 COLLINS, CLAY 9371 Auto Repair #199258 715-2101-5403 200.00 Total : 200.00 76849 2/26/2015 12514 CPPA 15-235 CPPA 2015 Membership-E. Jackson 001-3302-4315 135.00 15-287 CPPA 2015 Membership-Tanabe 001-3302-4315 135.00 15-294 CPPA 2015 Membership-R. Fujisaki 001-3302-4315 135.00 Total : 405.00 76850 2/26/2015 00364 DEPARTMENT OF JUSTICE 079520 Fingerprinting- January 2015 001-1203-4251 32.00 Total : 32.00 76851 2/26/2015 00267 DEPARTMENT OF TRANSPORTATION 15005410 Project Initiation Doc/ Anita/Herondo 3Page: 02/26/2015 Check Register CITY OF HERMOSA BEACH 4 5:30:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76851 2/26/2015 (Continued)00267 DEPARTMENT OF TRANSPORTATION 146-8143-4201 190,000.00 Total : 190,000.00 76852 2/26/2015 11449 DEWEY PEST CONTROL 759408 Pest Control Services/Feb 15 001-4204-4201 651.00 Total : 651.00 76853 2/26/2015 15028 DOANE, GARY 120205932 2014 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 76854 2/26/2015 19143 DONELL, DAVID 120405920 Refund - Cash Key #155996 001-2117 21.00 001-3851 7.00 Total : 28.00 76855 2/26/2015 00181 EASY READER ER140522026 Legal Ad/May 14 001-2109 750.00 Total : 750.00 76856 2/26/2015 06293 FEDEX KINKOS INC 0700819021 Posters/Jan 15 001-1101-4305 195.71 Total : 195.71 76857 2/26/2015 14713 GEOSYNTEC CONSULTANTS 1415047 Storm Water NPDES Prog Admin/Dec 14 160-3102-4201 4,401.80 Total : 4,401.80 76858 2/26/2015 19035 GROOMER, MARLENA 460105852 Instructor Payment/Feb 15 001-4601-4221 112.00 Total : 112.00 76859 2/26/2015 14204 HARTZOG AND CRABILL INC 14-0963 Traffic Engineering Services - Dec 14 001-3104-4201 65.00 Total : 65.00 76860 2/26/2015 06518 HAYER CONSULTANTS INC 3745 Plan Check-Consult Svc/May 14 4Page: 02/26/2015 Check Register CITY OF HERMOSA BEACH 5 5:30:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76860 2/26/2015 (Continued)06518 HAYER CONSULTANTS INC 001-4201-4201 27,943.53 3804 Plan Checks/Dec 14 001-4201-4201 653.58 3807 Plan Checks/Jan 15 001-4201-4201 37,893.06 Total : 66,490.17 76861 2/26/2015 03131 HDL COREN AND CONE 0021181-IN Prop Tax-Cont Svc/1st Qtr 2015 001-1202-4201 1,375.00 Total : 1,375.00 76862 2/26/2015 16742 INDEPENDENT STATIONERS 000497493 Office Supplies/Feb 15 001-3302-4305 89.55 000498612 Office Supplies/Feb 15 001-2101-4305 74.51 001-3302-4305 20.08 Total : 184.14 76863 2/26/2015 17441 INTELLIBRIDGE PARTNERS LLC 204889 Temp Svc - Accountant/Jan 15 001-1202-4201 4,675.00 Total : 4,675.00 76864 2/26/2015 10820 JENKINS AND HOGIN LLP 01-Feb-15 Legal, RE:E & B Oil 001-2109 2,786.30 23006 Legal, RE:Gen City/Attorney Svc 001-1131-4201 26,554.00 23007 Legal, RE:Comm Developmt/Zoning 001-1131-4201 4,525.40 23008 Legal, RE: Pitchess Motions 001-1131-4201 588.60 23009 Legal, RE: Dussault Writ/Measure O 001-1131-4201 139.56 Total : 34,593.86 76865 2/26/2015 05356 JOHN L HUNTER AND ASSOC INC HBCALD1214 Recycling Prog-Oil/Jan 15 160-3105-4201 912.50 5Page: 02/26/2015 Check Register CITY OF HERMOSA BEACH 6 5:30:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 912.50 76865 2/26/2015 05356 JOHN L HUNTER AND ASSOC INC 76866 2/26/2015 13840 JOHN M CRUIKSHANK 000012995 Engineering Svc-Pier Repairs/Jan 15 122-8659-4201 720.00 Total : 720.00 76867 2/26/2015 18438 KATIE CASEY PUBLIC RELATIONS 000060 Oil Project PR/Jan 15 705-1209-4201 2,400.00 000061 General PR & Communication/Jan 15 001-2109 4,781.25 Total : 7,181.25 76868 2/26/2015 15782 LA CO METRO TRANSPORTATION 800060141 TAPS Bus Pass Sales/Dec 14 145-3403-4251 203.00 Total : 203.00 76869 2/26/2015 00167 LEARNED LUMBER B431369 Hardware Supplies/Dec 14 001-4204-4309 328.39 B436705 Hardware Supplies/Jan 15 001-6101-4309 79.72 B439612 Hardware Supplies/Feb 15 105-2601-4309 12.19 B439625 Hardware Supplies/Feb 15 001-4204-4309 35.20 Total : 455.50 76870 2/26/2015 19093 LEONARD, LISA Rec # 104105 2nd Story Theatre Damage Deposit Refund 001-2111 250.00 Total : 250.00 76871 2/26/2015 07169 LUXA, RONALD F.120205900 2014 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 76872 2/26/2015 18751 MACADEE ELECTRICAL CONSTRUCTIO3959 FD-Hybird Beacon Sys/Prog Pymt 2 001-8153-4201 43,271.74 Total : 43,271.74 6Page: 02/26/2015 Check Register CITY OF HERMOSA BEACH 7 5:30:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76873 2/26/2015 16648 MANDELL, REBECCA 460105855 Instructor Pymt/Dog's Best Friend/Feb 15 001-4601-4221 294.00 Total : 294.00 76874 2/26/2015 11919 MARKS LOCK AND SAFE INC 0000001292 Keys Made/ Feb 15 001-4204-4309 39.67 0000001296 Open Night Drop/Feb 2015 001-4204-4309 129.00 Total : 168.67 76875 2/26/2015 18071 MERCHANTS LANDSCAPE SERVICES 44793 Exterior Landscape Maintenance-Pier Ave 001-6101-4309 1,110.00 44794 Exterior Landscape Maint@Centenial Park 001-6101-4201 750.00 Total : 1,860.00 76876 2/26/2015 18996 NUVIS LANDSCAPE ARCHITECTURE 19686 Progress Pymt #3 - Jan 15 150-8661-4201 9,075.00 Total : 9,075.00 76877 2/26/2015 13114 OFFICE DEPOT 744116741001 Office Supplies/Dec 14 001-4601-4305 54.49 747692458001 Office Supplies/Dec 14 001-4204-4309 40.79 750448867001 Office Supplies/Jan 2015 001-4601-4305 37.93 752297547001 Office Supplies/Jan 15 001-4202-4305 325.23 752462694001 Office Supplies/Feb 15 001-2101-4305 252.87 753119533001 Office Supplies/Jan 15 001-4601-4305 73.36 753889890001 Office Supplies/ Feb 15 001-4202-4305 60.55 753932591001 Office Supplies/Feb 15 001-4601-4328 91.20 7Page: 02/26/2015 Check Register CITY OF HERMOSA BEACH 8 5:30:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76877 2/26/2015 (Continued)13114 OFFICE DEPOT 754107563001 Office Supplies/Feb 15 001-4601-4308 26.11 754115784001 Office Supplies/ Feb 15 001-1121-4305 60.16 754135607001 Office Supplies/Feb 15 001-2101-4305 530.48 Total : 1,553.17 76878 2/26/2015 18333 PAPA, SHARON TR-408 Travel Exp/LACPCA - April 15 001-2101-4317 55.00 Total : 55.00 76879 2/26/2015 14693 PARS PUBLIC AGENCY RETIREMENT, US BANK30816 PARS/ARS Admin - 6746022400/Dec 14 001-1101-4185 4.52 001-1201-4185 36.70 001-1204-4185 34.46 001-2201-4185 53.73 001-3302-4185 7.66 001-4101-4185 37.45 001-4201-4185 21.06 001-4204-4185 43.54 001-4601-4185 60.88 Total : 300.00 76880 2/26/2015 17972 PENCO ENGINEERNG INC 0019049 Consult Svc-Sewer/Jan 15 160-3102-4201 2,357.50 0019080 Consult Svc-Sewer/Feb 15 160-3102-4201 1,592.50 Total : 3,950.00 76881 2/26/2015 00608 PEP BOYS 08141028871 Auto Parts - Jan 15 715-2201-4311 32.69 08141028927 Auto Parts - Jan 15 715-2101-4311 102.71 08141028928 Auto Parts - Jan 15 715-4206-4311 50.07 8Page: 02/26/2015 Check Register CITY OF HERMOSA BEACH 9 5:30:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76881 2/26/2015 (Continued)00608 PEP BOYS 08141029016 Auto Parts - Jan 15 001-2201-4309 21.80 81410128850 Auto Parts - Jan 15 715-2201-4311 141.69 Total : 348.96 76882 2/26/2015 19145 PEREMUTER, LAUREN 460105856 Instructor Pymt/Feb 15 001-4601-4221 166.25 Total : 166.25 76883 2/26/2015 03910 PORTERS ALIGNMENT, INC 6227 Auto Repair - #1340395 715-2101-4311 60.00 6447 Auto Repair/#1089199 715-2201-4311 110.00 Total : 170.00 76884 2/26/2015 11539 PROSUM TECHNOLOGY SERVICES 148709 IT Support Svc./Jan 2015 715-1206-4201 12,659.00 Total : 12,659.00 76885 2/26/2015 17676 PRUDENTIAL OVERALL SUPPLY 40877287 UNIFORM RENTALS/Jan 15 001-4202-4314 43.69 Total : 43.69 76886 2/26/2015 09852 QUANTUM CONSULTING HB14.006 NOV14 STREET RECONSTRUCTION/GOL 001-4202-4201 21,200.00 HB14.007 Dec14 STREET RECONSTRUCTION/GOL 001-4202-4201 22,920.00 Total : 44,120.00 76887 2/26/2015 18223 RAIMI AND ASSOCIATES INC 14-930LCP Local Coastal Plan Update/Dec 14 150-4107-4201 5,277.50 14-941 Gen Plan/SGC update/Dec 14 150-4104-4201 12,312.09 Total : 17,589.59 9Page: 02/26/2015 Check Register CITY OF HERMOSA BEACH 10 5:30:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76888 2/26/2015 13255 REDMOND, GEORGE DAVID 33824 Locksmith Services - Feb 15 001-4204-4309 167.86 Total : 167.86 76889 2/26/2015 03428 SAFETY KLEEN CORPORATION 66115615 Parts Cleaner Svc/Feb 15 715-4206-4201 226.72 Total : 226.72 76890 2/26/2015 03353 SBCU VISA 00196694 CC All Hands Meeting Refreshments 001-1203-4305 51.24 01143068 CC Encrypted Offsite Storage/ Jan 15 715-1206-4201 500.00 03395518 CC Membership Fee 001-1201-4315 400.00 05713 CC Regis/ B Erwin - Fire Inspector Training 001-2201-4317 138.50 05771 CC CPR/AED/ First Aid Class - D Buckland 001-2201-4317 45.00 05921 CC Regis/ 2015 Chamber Award Dinner 001-1101-4317 53.74 1130633 CC Hutch - Base 3 001-2101-5402 357.88 13114 CC Finance Charge/ Credit Card 001-2201-4201 27.73 2097156 CC Events/Fiesta Study Session Refreshments 001-1101-4305 29.98 2740245 CC Credenza - Base 3 001-2101-5402 306.57 335138 CC Closed Session Refreshments/ Jan 15 001-1101-4305 40.00 37448262 CC Business Cards/ M Frilot 001-2101-4305 35.70 39238288 CC Regis/ T Bakaly - CCMF Annual Dinner 001-1201-4317 65.00 5660 CC CAFR Award Program Fee 001-1202-4201 435.00 10Page: 02/26/2015 Check Register CITY OF HERMOSA BEACH 11 5:30:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76890 2/26/2015 (Continued)03353 SBCU VISA 572825 CC Events/Fiesta Study Session Refreshments 001-1101-4305 118.98 5835 CC Regis/ C Newkirk - Webinars 001-1202-4317 255.00 589415952 CC Domain Name Renewal/ wifihermosa 715-1206-4201 113.97 5921 CC Regis/ 2015 Chamber Awards 001-1101-4317 107.48 5922 CC Frame/ Decision Making Tool - Conf Rm 001-1201-4305 69.95 64958386 CC Business Cards/ Crime Analyst 001-2101-4305 35.70 68443104 CC Stackable Trays/ R11 001-2201-4309 76.91 8269863 CC Cell Phone Chargers - EPCRs 001-2201-4305 7.38 IC30411-1214 Teleconference Service/ Dec 14 001-1201-4304 4.19 TR 400 CC Regis/ B Grebbien - Fire Officer 1 001-2201-4317 877.20 TR 401 CC Shuttle/ D Lantzer - TR 401 001-2201-4317 274.20 TR 412 CC Regis/J Crawford - Fire Prevent Workshop 001-2201-4317 315.00 TR 416 CC Regis/ M DiVirgilio - ICA Winter Seminar 001-1101-4317 450.00 TR 417 CC Regis/ K Nowicki - Investment Workshop 001-1141-4317 525.00 Total : 5,717.30 76891 2/26/2015 18220 SCOTT ROBINSON CHRYSLER 51862 Auto Parts -#48/Feb 15 715-3302-4311 261.16 Total : 261.16 76892 2/26/2015 17903 SHERWIN WILLIAMS 6801-4 Traffic Paint/Jan 15 11Page: 02/26/2015 Check Register CITY OF HERMOSA BEACH 12 5:30:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76892 2/26/2015 (Continued)17903 SHERWIN WILLIAMS 001-3104-4309 307.38 7944-1 Paint/Feb 2015 001-4204-4309 284.61 Total : 591.99 76893 2/26/2015 10960 SOUTH BAY AUTO UPHOLSTERY 2487 Auto Repair - Headliner 715-4206-4311 199.50 Total : 199.50 76894 2/26/2015 00159 SOUTHERN CALIFORNIA EDISON CO 2-01-836-7458 Electrical Billing - Jan 15 105-2601-4303 17.95 2-02-274-0542 Electrical Billing - Jan 15 001-6101-4303 27.37 2-09-076-5850 Electrical Billing - Jan 15 105-2601-4303 201.23 2-21-400-7684 Electrical Billing - Jan 15 105-2601-4303 37.72 2-26-686-5930 Electrical Billing - Jan 15 105-2601-4303 623.26 Total : 907.53 76895 2/26/2015 00146 SPARKLETTS 4472788 020515 Drinking Water - Jan 15 001-4601-4305 143.45 Total : 143.45 76896 2/26/2015 18821 SPCALA 2015-0131 SPCALA/Jan 15 001-3302-4201 400.00 Total : 400.00 76897 2/26/2015 10232 SPICERS PAPER INC 1061907 Paper 001-1208-4305 1,345.24 001-2021 12.46 001-2022 -12.46 Total : 1,345.24 76898 2/26/2015 10098 SPRINT NEXTEL COMMUNICATIONS 269424317-158 Cell Phone Wireless Mod/Jan 15 12Page: 02/26/2015 Check Register CITY OF HERMOSA BEACH 13 5:30:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76898 2/26/2015 (Continued)10098 SPRINT NEXTEL COMMUNICATIONS 153-2106-4201 438.96 551834312-158 Cell Phone Usage - CR/Jan 15 001-4601-4304 88.36 Total : 527.32 76899 2/26/2015 18210 STANTEC CONSULTING 877193 PCH Improvements/Jan 15 147-8160-4201 3,443.00 Total : 3,443.00 76900 2/26/2015 16735 TORRANCE AUTO PARTS 060142 Auto Parts - Feb 15 715-6101-4311 16.37 Total : 16.37 76901 2/26/2015 10155 TRUGREEN CHEMLAWN 6740052092 Tree Trimming @ Pier Plaza 105-2601-4201 646.00 7001303480 Tree Trimming @ Pier Ave Palms 001-3301-4201 992.00 Total : 1,638.00 76902 2/26/2015 14148 UPS 000023R146065 Express Mail/Jan 15 001-2201-4305 21.18 Total : 21.18 76903 2/26/2015 01938 V AND V MANUFACTURING 40526 Refurbish Uniforms/Badges 001-2101-4314 530.22 Total : 530.22 76904 2/26/2015 18666 VERIZON BUSINESS SERVICES 69367247 VoIP Services - Nov 14 001-4601-4304 125.16 Total : 125.16 76905 2/26/2015 00015 VERIZON CALIFORNIA 1288513489 Phone Charges-Telecommunications EDC 001-2201-4304 255.27 13Page: 02/26/2015 Check Register CITY OF HERMOSA BEACH 14 5:30:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76905 2/26/2015 (Continued)00015 VERIZON CALIFORNIA 310 197 3683 Phone Charges/Feb 15 715-1206-4304 234.51 001-3302-4304 132.02 001-2101-4304 836.28 001-4204-4321 198.80 001-2201-4304 45.15 001-4601-4304 90.10 001-4202-4304 137.94 001-4201-4304 146.57 001-3304-4304 55.54 001-1204-4304 45.09 310 318 6379 Phone Charges/Jan 15 001-1121-4304 5.32 001-1132-4304 2.81 001-1141-4304 1.36 001-1201-4304 4.09 001-1202-4304 17.25 001-1203-4304 17.52 001-1208-4304 0.69 001-2101-4304 132.30 001-2201-4304 78.00 001-4101-4304 11.85 001-4201-4304 20.02 001-4202-4304 62.22 001-4601-4304 30.39 001-1204-4304 18.57 001-3302-4304 1.89 715-1206-4304 5.90 14Page: 02/26/2015 Check Register CITY OF HERMOSA BEACH 15 5:30:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76905 2/26/2015 (Continued)00015 VERIZON CALIFORNIA 310 376 6984 Phone Charges/1-16 to 2-15-15 001-1121-4304 31.25 001-1132-4304 5.21 001-1141-4304 7.81 001-1201-4304 71.62 001-1202-4304 69.02 001-1203-4304 14.32 001-1208-4304 5.21 001-2101-4304 418.01 001-2201-4304 144.55 001-4101-4304 70.32 001-4201-4304 62.51 001-4202-4304 132.83 001-4601-4304 102.88 001-1204-4304 96.36 001-3302-4304 45.58 715-1206-4304 24.74 310 406 2462 Phone Charges/Circuit billing 001-2101-4304 55.53 3103188751 Phone Charges/Taps Line/Feb 15 001-1204-4304 39.17 Total : 3,984.37 76906 2/26/2015 16294 VISION INTERNET PROVIDERS INC 29483 Web Hosting/Feb 15 715-1206-4201 200.00 Total : 200.00 76907 2/26/2015 19144 WANCO INC.19144 6KW Mobile Light Tower/Delivery 001-3301-5402 8,296.10 Total : 8,296.10 76908 2/26/2015 19139 WIGHT, TIMOTHY 120405918 Refund - Cash Key #151779 001-2117 16.50 Total : 16.50 76909 2/26/2015 17543 WORKFORCE SAFETY HBPD-202122-2015 Respiratory Protection Prog. 15Page: 02/26/2015 Check Register CITY OF HERMOSA BEACH 16 5:30:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 76909 2/26/2015 (Continued)17543 WORKFORCE SAFETY 001-2101-4317 1,950.00 Total : 1,950.00 76910 2/26/2015 10505 ZOLL MEDICAL CORP 2206268 Medical Supplies/Jan 15 001-2201-4309 661.36 Total : 661.36 15210133 2/25/2015 09187 BANC OF AMERICA LEASING 02252015 Lower Pier Bond Interest 610-2252 3,250.00 Total : 3,250.00 15291358 2/26/2015 14691 ADMINSURE AS AGENT FOR THE 2262015 Liability Claims Reimb - 2/20/15 705-1217-4324 766.74 Total : 766.74 15291553 2/26/2015 14691 ADMINSURE AS AGENT FOR THE 02262015 Liability Claims Reimb - Jan '15 705-1209-4324 24,752.75 Total : 24,752.75 152933480 2/25/2015 14299 J P MORGAN 02252012 Beach Drive Bond Interest 611-2252 5,504.28 Total : 5,504.28 Bank total : 565,359.06 83 Vouchers for bank code :boa 565,359.06Total vouchers :Vouchers in this report 83 16Page: 02/26/2015 Check Register CITY OF HERMOSA BEACH 17 5:30:48PM Page:vchlist 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 17 inclusive, of the check register for 2-26-15 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 3-2-15 17Page: Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0239 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 TENTATIVE FUTURE AGENDA ITEMS Recommended Action: To receive and file the tentative future agenda items. Attachments: Tentative Future Agenda Hermosa Beach Printed on 3/5/2015Page 1 of 1 powered by Legistar™ March 5, 2015 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council March 10, 2015 TENTATIVE FUTURE AGENDA ITEMS MARCH 14, 2015 @ 7:30AM CITY COUNCIL RETREAT MARCH 24, 2015 @ 6:00PM CLOSED SESSION: DISCUSSION OF PROCESS FOR CITY ATTORNEY PERFORMANCE REVIEW MARCH 24, 2015 PRESENTATIONS BADGE PINNING CEREMONY FOR FIRE FIGHTER THOMAS SURBER CONSENT CALENDAR Recommendation to receive and file the action minutes of the Planning Commission meeting of March 17, 2015 Community Development Director Award Construction Contract for CIP 13-655 City Facilities ADA Improvements Public Works Director Final Map #72210 for a 2-unit condo at 1500 Hermosa Avenue Community Development Director Award of Contract for 2015 Sewer Improvements Public Works Director PUBLIC HEARINGS - 7:30 PM General Plan, Land Use Element, Land Use Map Amendment from Commercial Corridor (CC) to Medium Density Residential (MD) and Text Amendment for consistency for a 6-unit residential condominium at 1906-1918 PCH Community Development Director MUNICIPAL MATTERS Election Results Certification City Clerk Oil Funding/Financing Finance Director Direction to Planning Commission regarding Beach Drive and Portion of 13th Court Vacation Community Development Director Pilot Parking Program Evaluation Recap and Possible Action Management Analyst Public Information and Communications Plan Adoption City Manager Downtown/Pier Plaza Non Smoking Enforcement Community Development Director APRIL 14, 2015 @ 6:00PM CLOSED SESSION: LITIGATION UPDATE APRIL 14, 2015 PRESENTATIONS BHS/NCADD - NATIONAL ALCOHOL AWARENESS AND PREVENTION MONTH NATIONAL LIBRARY WEEK (APRIL 12-18) CONSENT CALENDAR Award Construction Contract for Parking Structure Parking Counting System Public Works Director Extend City Fee Waivers, Reductions and Incentives for Photovoltaic Solar Projects, Small Wind Energy Systems, Energy Upgrade California and Hero Projects, and other Initiatives to Advance Sustainability Environmental Analyst PUBLIC HEARINGS - 7:30 PM Amendment to the Outdoor Dining Design and Operational Standards for Pier Plaza per Municipal Code Chapter 12.16 (Encroachments) and determination that the project is exempt from the California Environmental Quality Act Community Development Director MUNICIPAL MATTERS Sewer Fee Update and Possible Direction Public Works Director Handicap Parking Space Request at 1139 7th Place Public Works Director MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER Homeless Update Economic Development Officer Downtown Strategy Update & Status Economic Development Officer 2 APRIL 27, 2015 @ 6:00PM JOINT CITY COUNCIL/HBCSD MEETING APRIL 28, 2015 @ 6:00PM CLOSED SESSION: LABOR NEGOTIATIONS APRIL 28, 2015 PRESENTATIONS INVESTMENT PLAN PRESENTED BY CITY TREASURER KAREN NOWICKI LEADERSHIP HERMOSA BEACH 2015 CLASS PROJECT CONSENT CALENDAR Recommendation to receive and file the action minutes of the Planning Commission meeting of April 21, 2015 Community Development Director Recommendation to receive and file the action minutes of the Public Works Commission meeting of March 18, 2015 Public Works Director Green Building and Green Energy Implementation Update Community Development Director PUBLIC HEARINGS - 7:30 PM Amend the Municipal Code by adding Chapter 5.76 (Cigarette and Tobacco Retailers) requiring Licensure of Cigarette and Tobacco Retailers to reduce the illegal sale of Tobacco to minors, amending Chapter 8.40 to expand the definition of smoking to include electronic cigarettes, and making violations of Chapter 5.76 subject to administrative penalty procedures Community Development Director MUNICIPAL MATTERS Green Building and Green Energy – Implementation Update Community Development Director Minutes Discussion City Clerk Procurement Policies – RFP Finance Director / Public Works Director MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER Strategic Plan Action Agenda Management Analyst PENDING ITEMS Consideration of reduction of business license fee request from Carol G. Weiss, Ph.D. Finance Director Green Zone Recommendations and the Installation of Silver and Green Meters Downtown Police Chief Ethics Policy City Manager & Finance Director Food Trucks – Policy Discussion Community Development Director PCH/Aviation Aesthetic Signage Public Works Director Hope Chapel Development City Manager/Economic Dev Officer Strand/Pier EIR Contract (Continued from meeting of November 13, 2014) Community Development Director Business Improvement District (BID) for Pier Plaza – Assist in BID Proposal Economic Development Officer Additional Bike Paths Discussion Public Works Director Amendment of Code on No Smoking Enforcement Community Development Director Sewer Discussion Public Works Director MAY 2015 Priority Based Budgeting Adoption Finance Director Citywide Service Level/Performance Benchmark System – Council Presentation/Report Finance Director Comprehensive City Facilities Master Plan – Complete Phase 1 Condition and Needs Report Public Works Director JUNE 2015 Appointment of Mayor and Mayor Pro Tempore – June 23, 2015 City Clerk Downtown Enforcement Unit: Creation Police Chief Community Risk Analysis Fire Chief Stormwater Management Plan – Receive Approval from Regional Board Public Works Director 2015-2016 Budget Adoption Finance Director Strategic Planning City Council / City Departments Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0246 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 CITY TREASURER’S REPORT AND CASH BALANCE REPORT (City Treasurer Karen Nowicki) Recommended Action: To Receive and File the January City Treasurer’s Report and Cash Balance Report Summary: Investments in the report meet the requirements of the City of Hermosa Beach’s adopted investment policy. Attached is a report of all inactive Public Deposits for the month of January.This is the most current available investment information. Attachments: 1.City Treasurer’s Report 2.Cash Balance Report Respectfully Submitted by: Karen Nowicki, City Treasurer Noted for Fiscal Impact: Viki Copeland, Finance Director Concur: Tom Bakaly, City Manager Hermosa Beach Printed on 3/5/2015Page 1 of 1 powered by Legistar™ CASH BALANCE REPORT JANUARY 2015 GENERAL ACCOUNT FUND 1/1/2015 1/31/2015 NUMBER FUND NAME BALANCE CASH ADJUSTMENTS CHECKS ADJUSTMENTS BALANCE 001 GENERAL $9,901,162.63 $3,959,225.10 $111,102.96 ($1,959,047.37)($809,717.95)$11,202,725.37 105 LIGHTING/LANDSCAPING $8,794.63 $45,831.26 $555.37 ($37,318.14)(8,817.66)$9,045.46 115 STATE GAS TAX $202,296.87 $36,053.14 ($1,649.96)($25,026.01)$211,674.04 117 AB939 $5,890.99 $3,908.96 $10.30 ($4,365.94)(913.74)$4,530.57 121 PROP A OPEN SPACE ($35,208.12)(1,713.00)($36,921.12) 122 TYCO $654,844.78 $79,711.28 $1,144.76 $735,700.82 123 TYCO TIDELANDS $2,545.11 $4.45 $2,549.56 125 PARK REC FAC TAX $465,074.93 $812.98 (900.00)0.00 $464,987.91 135 BAYVIEW DRIVE DISTRICT ADMIN EXPENSE $3,914.87 $6.78 (400.60)(304.00)$3,217.05 136 LOWER PIER DISTRICT ADMIN EXPENSE $5,924.92 $0.00 $0.00 (314.23)(187.00)$5,423.69 137 MYRTLE DRIVE DISTRICT ADMIN EXPENSE $17,455.56 $0.00 $30.21 (480.08)(439.00)$16,566.69 138 LOMA DRIVE DISTRICT ADMIN EXPENSE $23,515.41 $0.00 $40.70 (547.42)(476.00)$22,532.69 139 BEACH DRIVE ASSESSMENT ADMIN EXPENSE $4,146.43 $0.00 $7.18 (364.38)(158.00)$3,631.23 145 PROPOSITION A $634,451.40 $25,502.42 $1,109.12 (11,998.76)(11.73)$649,052.45 146 PROPOSITION C $899,290.69 $20,693.04 $1,572.10 (1,211.00)$920,344.83 147 MEASURE R $422,073.66 $15,485.88 $737.85 (3,492.30)(195.01)$434,610.08 150 GRANTS $182,590.25 $0.00 $3,432.08 (35,431.90)$150,590.43 152 AIR QUALITY MANAGEMENT DISTRICT $18,385.76 $0.00 $32.15 (111.93)(8.07)$18,297.91 153 SUPPLEMENTAL LAW ENFORCEMENT SERVICES $189,776.23 $16,062.39 $331.76 (1,438.96)$204,731.42 160 SEWER MAINTENANCE $790,296.76 $1,606.00 $72,244.56 (55,904.36)(12,843.16)$795,399.80 170 ASSET SEIZURE $329,577.59 $0.00 $576.15 (201.56)0.00 $329,952.18 180 FIRE PROTECTION $38,640.63 $327.23 $67.55 0.00 $39,035.41 301 CAPITAL IMPROVEMENT $2,817,340.45 $4,925.14 (900.00)0.00 $2,821,365.59 302 ARTESIA BLVD RELINQUISHMENT FUND $5,463.53 $5,463.53 609 BAYVIEW DRIVE DISTRICT REDEMPTION $111,395.50 $6,509.13 $192.79 $118,097.42 610 LOWER PIER DISTRICT REDEMPTION $25,674.80 $4,000.62 $44.44 $29,719.86 611 BEACH DRIVE DISTRICT REDEMPTION $57,517.03 $3,526.15 $99.55 $61,142.73 612 BEACH DRIVE DISTRICT RESERVE $4,097.89 $7.09 $4,104.98 617 MYRTLE DRIVE DISTRICT REDEMPTION $78,529.44 $10,062.42 $135.91 $88,727.77 618 LOMA DRIVE DISTRICT REDEMPTION $97,580.61 $10,940.99 $168.88 $108,690.48 619 BAYVIEW DRIVE DISTRICT RESERVE $13,456.26 $23.29 $13,479.55 705 INSURANCE $18,598,616.36 $0.00 $231,904.00 (111,900.56)(1,269.75)$18,717,350.05 715 EQUIPMENT REPLACEMENT $4,331,645.36 $250.00 $127,328.48 (194,780.95)(6,174.65)$4,258,268.24 900 INVESTMENT $0.00 $5,932.93 $45,969.61 0.00 (51,902.54)$0.00 TOTAL GENERAL ACCOUNT $40,906,759.21 $4,209,575.80 $640,671.33 ($2,422,760.40)($920,157.27)$42,414,088.67 TRUST BALANCE BALANCE ACCOUNTS 1/1/2015 DEPOSITS CHARGES 1/31/2015 PAYROLL $14,828.87 $1,247,623.31 ($1,248,248.57)$14,203.61 CABLE TV DEPOSIT $16,568.95 $16,568.95 $31,397.82 $30,772.56 TOTAL ALL ACCOUNTS $42,444,861.23 $35,593,751.50 BANK BALANCES INVESTMENTS GENERAL $7,352,690.37 TRUST ACCOUNTS $36,147.89 $106,213.57 $7,388,838.26 OUTSTANDING CHECKS ($537,728.53) INTEREST COLLECTED $6,851,109.73 TO DATE FOR FY 14/15 INVESTMENTS $35,593,751.50 BALANCE $42,444,861.23 KAREN NOWICKI, CITY TREASURER TREASURER'S REPORT JANUARY 2015 INSTITUTIONS RATE YELD DATE OF DATE OF ORIGINAL MARKET *COST/MARKET FACE/PAR OF TO % INVESTMENT TYPE/INSTITUTION CUSIP #BOOK VALUE INVESTMENT MATURITY COST VALUE DIFFERENCE VALUE INTEREST MATURITY TOTAL POOLED INVESTMENTS LAIF (Local Agency Investment Fund)$3,529,903.85 $3,529,903.85 0.250%9.917% LACPIF (Los Angeles County Pooled Investment Funds)$26,159,516.82 $26,159,516.82 0.680%73.495% Pooled Investments % of Total Investment 83.412%$29,689,420.67 CHECKING ACCOUNT - EVERTRUST BANK 0.003%$1,000.00 0.003% CORPORATE NOTES General Electric Capital Corporation 36962G6R0 $500,000.00 8/16/2013 1/8/2016 $500,452.78 $502,360.00 $1,907.22 $500,000.00 1.000%1.000%1.405% Corporate Notes % of Total Investment 1.405%$500,000.00 AGENCIES Federal Home Loan Bank - Callable Quarterly - Next Call 3-26-15 3130A15L8 $250,000.00 3/26/2014 3/26/2019 $250,000.00 $250,332.50 $332.50 $250,000.00 1.000%*2.114%1 0.702% Federal Home Loan Bank - Callable Quarterly - Next Call 4/16/15 3130A1F86 $250,000.00 4/16/2014 10/16/2017 $250,000.00 $250,392.50 $392.50 $250,000.00 1.180%1.180%0.702% Federal Farm Credit Bank - Continuously Callable - Next Call 5/08/15 3133EDL75 $500,000.00 5/8/2014 5/8/2018 $500,000.00 $501,675.00 $1,675.00 $500,000.00 1.410%1.410%1.405% Federal Home Loan Bank - Callable Quarterly - Next Call 2-14-15 3130A1RR1 $500,000.00 5/14/2014 5/14/2019 $500,000.00 $500,165.00 $165.00 $500,000.00 1.250%*2.140%2 1.405% Federal Home Loan Mortgage - Callable Quarterly - Next Call 1/30/15 3134G5CA1 CALLED 7/30/2014 2/14/2015 $500,000.00 $0.00 $0.00 0.000%0.000% Federal Home Loan Mortgage 3137EADK2 $488,550.72 8/1/2014 8/1/2019 $487,250.00 $502,080.00 $14,830.00 $500,000.00 1.250%1.785%1.373% Agencies % of Total Investment 5.587%$1,988,550.72 CERTIFICATES OF DEPOSIT EverTrust Bank $248,000.00 5/13/2014 6/15/2015 $248,000.00 $248,000.00 $0.00 $248,000.00 1.000%1.000%0.697% Certificate of Deposit % of Total Investment 0.697%$248,000.00 NEGOTIABLE CDS GE Capital Retail 36160KGB5 $247,932.87 4/13/2012 4/13/2015 $246,906.32 $248,411.80 $1,505.48 $248,000.00 1.050%1.200%0.697% BMW Bank of Northern America 05568PW29 $248,000.00 4/13/2012 4/13/2016 $247,032.80 $249,988.07 $2,955.27 $248,000.00 1.250%1.350%0.697% Discover Bank 2546706S6 $247,922.36 4/18/2012 4/20/2015 $246,884.00 $248,000.00 $1,116.00 $248,000.00 1.050%1.200%0.697% Goldman Sachs Bank 38143AQB4 $247,000.00 4/18/2012 4/18/2017 $247,000.00 $252,891.05 $5,891.05 $247,000.00 1.850%1.850%0.694% Banco Bilbao 059457UM1 $248,694.88 4/20/2012 4/20/2016 $248,004.00 $251,183.63 $3,179.63 $249,000.00 1.300%1.403%0.699% Cit Bank 17284AYT9 $193,230.00 7/29/2013 9/21/2015 $194,312.74 $191,511.72 ($2,801.02)$193,230.00 0.800%0.800%0.543% Farmers and Merchants 308862DA6 $248,000.00 9/20/2013 9/20/2016 $248,000.00 $249,415.48 $1,415.48 $248,000.00 1.000%1.000%0.697% First Merchant Bank 32082BCY3 $248,000.00 3/21/2014 9/21/2017 $248,000.00 $248,706.80 $706.80 $248,000.00 1.000%1.000%0.697% Ally Bank 02006LEH2 $248,000.00 5/7/2014 5/8/2017 $248,000.00 $248,000.00 $0.00 $248,000.00 1.100%1.100%0.697% Sallie Mae Bank 795450UB9 $248,000.00 10/22/2014 10/22/2019 $248,000.00 $257,634.23 $9,634.23 $248,000.00 2.150%2.150%0.697% American Express Bank 02587CCC2 $247,000.00 10/23/2014 10/23/2019 $247,000.00 $257,173.07 $10,173.07 $247,000.00 2.200%2.200%0.694% Peoples UTD Bank 71270QLM6 $247,000.00 1/21/2015 1/21/2020 $247,000.00 $253,005.21 $6,005.21 $247,000.00 1.850%1.850%0.694% Private Bank and Trust 74267GUU9 $248,000.00 1/23/2015 1/23/2020 $248,000.00 $254,639.73 $6,639.73 $248,000.00 1.900%1.900%0.697% Negotiable CD % of Total Investment 8.897%$3,166,780.11 TOTAL ALL INVESTMENTS $35,593,751.50 $3,164,139.86 $3,210,560.79 $46,420.93 $35,604,650.67 100.00% Average Rate of Interest 1.251% Average Yield to Maturity 1.411% In compliance with the California Code Section 53646, the Treasurer of the City of Hermosa Beach hereby certifies that sufficient investment liquidity and anticipated revenues are available to meet the City's budgeted expenditure requirements for the next six months.Investments in the report meet the requirements of the City of Hermosa Beach's adopted investment policy. RESPECTFULLY SUBMITTED, KAREN NOWICKI CITY TREASURER 1 Multiple Coupon Steps 1 % to 3-26-15, 1.25 % to 3-26-16, 1.5 % to 3-26-17, 2% to 9-26-17, 3% to 3-26-18, 4% to 9-26-18, 5% to 3-26-19 2 Multiple Coupon Steps 1.25 To 5-14-16, 1.5 % To 5-14-17, 1.75 % To 11-14-17, 2 % To 5-14-18, 4 % To 11-14-18, 6 % To 5-14-19 WEIGHTED YIELD 1.405% 1.484% 0.828% 1.981% 3.007% 0.000% 2.451% 0.697% 0.836% 0.941% 0.836% 1.284% 0.981% 0.434% 0.697% 0.697% 0.767% 1.499% 1.527% 1.284% 1.324% Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0235 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 CANCELLATION OF CERTAIN CHECKS (City Treasurer Karen Nowicki) Recommended Action: To approve cancellation of certain checks as recommended by the City Treasurer Summary: Please ratify the following request for cancellation of the check(s) listed below: #76536 - 1/15/15- $250.00 - Lisa Leonard Not received by payee Respectfully Submitted by: Karen Nowicki, City Treasurer Noted for Fiscal Impact: Viki Copeland, Finance Director Concur: Tom Bakaly, City Manager Hermosa Beach Printed on 3/5/2015Page 1 of 1 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0256 Honorable Mayor and Members of Regular Meeting of the Hermosa Beach City Council March 10, 2015 ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF JANUARY 5, 2015 Recommended Action: To receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of January 5, 2015. Attachments: Minutes of January 5, 2015 Hermosa Beach Printed on 3/5/2015Page 1 of 1 powered by Legistar™ Page 1 of 2 MINUTES EMERGENCY PREPAREDNESS ADVISORY COMMISSION MONDAY, JANUARY 5, 2015 - 7:00 P.M. CALL TO ORDER Call to order at 7:03 PLEDGE OF ALLEGIANCE ROLL CALL All present but Ken Hartley ANNOUNCEMENTS Gila announced that Jan Brittain is being honored by Chamber as Woman of the Year. Tracy informed commission about Habitat for Humanity and how JustServe.org is a great resource to locate projects to get involved. PUBLIC PARTICIPATION None PRESENTATIONS 1. CHAIR ROTATION TO GEORGE SCHMELTZER: Gila welcomed George as the commission’s new chair. 2. APPROVAL OF MINUTES FROM THE MEETING OF JANUARY 5. Gila motioned to approve and Tracy seconded the motion; all were in favor. 3. MONTHLY E-NEWSLETTER ARTICLE - TIP OF THE MONTH. Presented by Tracy Hopkins a. Communication – Tracy stressed the importance of having a battery-operated radio. b. Prepare Your Pets – Register and/or chip pets at the vet. 4. REPORT BY WEBSITE SUBCOMMITTEE Oral report from Commissioner Benson Al will have a list of videos for the next agenda item. 5. EPAC GOALS & OBJECTIVES a. Business Plan – Commissioner Hopkins Tracy provided a “Dare to Prepare” pamphlet to the Chamber for Businesses. Al reiterated the importance of being prepared and gave an example. b. Residential Plan – Commissioner Schmeltzer Ken & George have been unable to complete this project. George implied that EPAC needs some direction. c. Work with local newspapers – schedule for advertising George suggested that this should be assigned to one person to maintain consistency. 6. REPORTS a. HERMOSA BEACH DISASTER SERVICES WORKERS (HBDSW). Oral report from Commissioner Buckland Two trainings scheduled for January and in the process of organizing CERT training. Page 2 of 2 b. HERMOSA BEACH AMATEUR RADIO ASSOCIATION (HBARA REPORT AND EMERGENCY OPERATIONS CENTER EOP UPDATE). Oral report from Commissioner Hartley, Founder HBARA No Report c. OFFICE OF DISASTER MANAGEMENT – AREA G REPORT (South Bay Area of Los Angeles County). Oral Report from Jeff Robinson, Executive Director d. FIRE CHIEF REPORT No report e. POLICE CHIEF REPORT The kitchen area adjacent to the EOC has been cleared out; the equipment was taken to auction and other items were disposed. 7. COMMISSION MEMBER REOUESTS FOR FUTURE AGENDA ITEMS a. Gila wants to add an item to research how EPAC commissioners will be notified with instructions by Police & Fire in the event of an emergency. b. George wants to add an item to assign a Chair Pro Tem. c. George wants the commission to discuss purpose & role of EPAC. d. George wants to discuss the oil election and the potential hazard to public safety. Lt. Thompson stated that he and Chief Lantzer have reports provided by Workforce Safety that the commission can review. e. 8. ADJOURNMENT George motioned; Gila seconded the motion. All were in favor. Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0245 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF FEBRUARY 3, 2015 Recommended Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 3, 2015. Attachments: Minutes of February 3, 2015 Approved: Diane Strickfaden, Assistant to the City Manager Hermosa Beach Printed on 3/5/2015Page 1 of 1 powered by Legistar™ PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSIONMINUTES OF THE FEBRUARY 3, 2015 MEETING The meeting was called to order by Commissioner Rosenfeld. Pledge of Allegiance Roll Call Present: Commissioners: Robert Rosenfeld, Jessica Guheen, and Jani Lange Assistant to the City Manager Diane Strickfaden Senior Recreation Supervisor Kelly Orta Office Assistant Kambria Diers Approval of Minutes: December 2, 2014 Motion was made by Commissioner Guheen to approve the Minutes of December 2, 2014. Commissioner Lange seconded the motion. All Ayes. Public Comment Hermosa Beach resident, Ray Dussault, discussed the special event approval process. The rising number of events impacts the volleyball community. He cited the Municipal Code and stated that the Commission should look at all tournaments taking up the volleyball courts, even those under 500 people. Hermosa Beach resident, Dave Fulton, informed Commission that he along with 122 Hermosa Beach resident co- applicants have submitted an application requesting the installation of 20 new volleyball courts at their own cost and labor. This is related to the growth of events limiting court access. Clarification is needed as to where the following information found in the application originated form (code or policy): a limitation of no more than two volleyball courts per block of strand except in those places where there are already two courts. Suni Keeling, Hermosa Beach resident, also discussed the increased number of events and the impact they have on the volleyball community. She stated that the 2015 schedule of events from March to August shows no open weekend court time available to the volleyball community. They prefer not to switch to different courts as other courts are claimed by locals. The volleyball community’s suggested solutions are as follows: the addition of permanent volleyball courts, a cap on the events each organization can hold per year or reserve at least ½ of the courts at the Pier for locals and the event organizers take the rest of the available courts and extend further north with temporary courts as needed. Correspondence Supplemental letter from Christine Shultz - Received 2/2/2015 Supplemental letter from Alexandra Nuttall-Smith - Received 2/2/2015 Supplemental letter from Dyan Kaufman - Received 2/2/2015 Supplemental letter from Sheri Harding - Received 2/2/2015 Supplemental letter from Markus & Mindy Rufer-Von Stenis - Received 2/2/2015 Supplemental letter from Mitch Middler - Received 2/2/2015 Supplemental letter from Lois Tuey - Received 2/3/2015 Supplemental letter from Jackie Tagliaferro - Received 2/3/2015 Public Hearing A. Potential Conversion of Kelley Tennis Courts to Dual Use Tennis/Pickleball Courts Strickfaden presented the Staff Report. Commissioner Rosenfeld opened up public comment. Hermosa Beach resident, Lois Tuey, shared about an open pickleball event she held in January on the Kelly Courts. Tuey, along with volunteers, set up temporary pickleball nets and lines with the tennis nets still up. 38 were in attendance. Tuey asked for at least one tennis court be converted to hold four pickleball courts. Mark Warshaw, a Hermosa Beach resident and avid tennis player stated that the tennis facilities are greatly impacted. The restriping of even one court is visually confusing to tennis players and when the ball hits a painted line, it reacts differently. The idea that the addition of pickleball will bring visitors into the City is great but that is not the purpose of City facilities. Their purpose is to serve the community. Cami Herbert, a Hermosa Beach resident and new tennis player, stated that the sport of tennis cannot lose two courts. With the addition of pickleball at the Kelley courts a reservation system would need to go into place, which would take away the current first come first serve rule that allows more accessibility to locals. Herbert shared that she drives by the Kelley Courts often and they are always in use. It is hard to get a court during after school hours, evenings, weekends, and summer mornings. With two courts down, it will exacerbate that problem. It was suggested to covert one of the following locations: the Clark Facility’s Basketball Court, a location at Edith Roadway, or the Gymnasium. Those locations are not busy morning hours through mid-day. Lisa Meenan, a Hermosa Beach resident and new tennis player, recently started playing pickleball in Manhattan Beach. It’s nice to walk to tennis courts in Hermosa Beach and it would be nice to be able to walk to pickleball too. The dual use idea is great, whether it be on the basketball courts or tennis courts. The pickleball lines have been seen on the tennis courts in Tucson and it has worked out nicely for them. The Hermosa Five-O Senior Activity Center’s group of tennis players has started to play pickleball too and support the conversion. Hermosa Beach resident and tennis professional, Adam Burt, said the lines are more distracting for tennis players than basketball players. He suggested Staff look at the Clark Facility’s Basketball Courts first as he also does not see those courts used mid-morning through mid-day. Jackie Taglioferro, a Hermosa Beach resident, asked for the photo provided by Tuey to be shown again for further clarification. The photo showed how the striping would be done for the pickleball courts on top of the tennis courts. It is agreed that the pickleball lines on top of the tennis lines would be confusing, that the ball hitting a line causes it to react differently, and other locations should be considered. Craig Decrescenzo, a Redondo Beach resident and former tennis coach, recently started playing pickleball too. The tennis community will appreciate the addition of the sport if they start to play as it’s good for one to transition to from tennis as they get older. Mindy Minkus, a Hermosa Beach resident, and tennis player, said tennis players can play tennis all the way into the 80’s. It is common procedure to go to the Kelley Courts when one cannot find courts at the Community Center so tennis should not be taken from. If anything tennis facilities should be expanded. Commissioner Guheen thanked the pickleball group for their time and taking in Commission’s requests to gather input from the tennis community. Commissioner Guheen asked if Manhattan Beach Parks and Recreation had been contacted by Staff and if recommendations are made based on conversation with them. Strickfaden replied Manhattan Beach’s situation was not comparable due to space and budget differences. Commissioner Guheen asked if there was any way to enforce splitting the time between tennis and pickleball. Strickfaden shared this would be difficult due to limited Staff. Commissioner Guheen asked if other locations could house the pickleball courts. Strickfaden responded Staff would need to do further research and return to Commission. Commissioner Guheen asked for a show of hands from those in attendance if they have seen pickleball courts in other locations than on tennis courts. Hands were raised. Commissioner Guheen asked for clarification on when the budget request for painting of the pickleball lines would need to be in. Strickfaden shared it would have to be right away for the upcoming City Council meeting. Commissioner Lange asked Lois Tuey how many Hermosa Beach Residents are playing now. Tuey responded 20 or so. Commissioner Lange asked if she has seen courts other than tennis converted to accommodate pickleball. Tuey responded yes. Commissioner Lange asked if the integrity was compromised of the other sports, other than tennis, with the addition of pickleball lines on their courts. Tuey responded no. Commissioner Lange asked Tuey if she had other recommendations on other locations for the courts. Tuey responded that she would need to know the sizes of the areas to respond correctly. Commissioner Lange asked Strickfaden if storage was an issue and she responded it was. Tuey said they will handle that matter privately. Commissioner Lange asked how long the set-up and tear down took of the nets and lines. Tuey responded less than 5-6 minutes for set-up and tear down. Commissioner Lange asked Adam Burt how many Hermosa Beach residents play at the tennis courts. Burt responded at least 100 per day at the Community Center Courts with the most on weekend mornings. Commissioner Lange asked Burt what would happen with the elimination of one court. Burt responded the impact would be great and the only times not heavily impacted are weekend’s mid-day and mid-day during the week. Commissioner Rosenfeld clarified the choices are to designate one tennis court as dual use or designate another location, such as a basketball court, for a limited amount of hours. Commissioner Rosenfeld asked if another public hearing would need to be held to gather input from the basketball community. Strickfaden replied that she would recommend it but Commission can choose to make a recommendation either way. Commissioner Rosenfeld asked for input from his fellow Commissioners. Commissioner Lange noted that Hermosa Beach has a history of fostering unique sports so pickleball deserves a chance. It is suggested that the pickleball community be given a 12 month trial period to see if the sport grows. This would need to be done so the integrity of the sport of tennis is not compromised. Commissioner Guheen mentioned the Kelly courts are scheduled to be resurfaced in January so when the lines are added, they are there until painted over, a trial period would not be ideal. Commissioner Lange replied tape could be used during the trial period placed by volunteers. Commissioner Guheen does not like the idea of volunteers having to tape the courts. Commissioner Rosenfeld suggested any basketball court be looked at over the Kelley Tennis Court as it is understood that the lines on a basketball court as not as integral to the sport as they are to tennis and the ball reaction is not affected. Commissioner Guheen asked the condition of the Clark Facility Basketball Courts. Strickfaden said they are scheduled to be resurfaced. Staff will do more research and return with an update. Motion by Commissioner Guheen for Staff to research and find an optimal location, preferably a basketball court, for the pickleball courts. Commissioner Lange seconded the motion. All Ayes. Matters for Commission Consideration A.2015 Special Events – Added Applications Strickfaden presented the Staff Report. Commissioner Guheen shared her thoughts gathered from the last City Council meeting she attended. She stated that City Council is looking for recommendations regarding Special Events. However, the information Commission receives is not enough due to the low-frequency of meetings, the fact that Commission does not receive the feedback from the entire Special Events Team, and event representatives are not always present to further discuss their event. Commissioner Guheen stated that as a Commissioner, one is to serve as a liaison for groups such as Friends of Parks, for example, but Commissioners also need to act as a liaison for whatever other matters come up, such as working directly with the pickleball community or those concerned with the lighting at the Clark Facility. This is so Commission can then see the community’s vision regarding these matters and assist in moving things along until the matter is resolved. Commissioner Rosenfeld stated that if monthly meetings are a need, Commission can recommend so. As far as special event review, representatives should always be present to advocate for their event. Rosenfeld trusts the Special Events Team to review and vet the events as needed and is fine with approving based on the type of event and how it pertains to the City’s goals. Commissioner Lange agrees with Commissioner Guheen’s views on the expectations from City Council and that monthly meetings are a good idea. Events fewer than 500 people should be viewed by Commission so they can better understand issues like those presented by the volleyball community. Motion by Commissioner Guheen to hold a study session in March discussing the roles and responsibilities of Commission. Lange seconded the motion. All Ayes. Commissioner Rosenfeld brought Surf Fest up for Discussion. Strickfaden presented background on the event. Motion by Commissioner Guheen to approve Surf Fest on its proposed date. Lange seconded the motion. All Ayes. Commissioner Rosenfeld brought Hermosa 5000 up for discussion. Strickfaden presented background on the event. Commissioner Guheen asked if there are any conflicts with CBVA. Strickfaden responded no as they have dealt with one another past years. Motion by Commissioner Guheen to approve Hermosa 5000 on its proposed date. Lange seconded the motion. All Ayes. Commissioner Rosenfeld opened for public comment. Suni Keeling, Hermosa Beach resident, stated that some of the running events impact the volleyball courts by taking up the first row. Hermosa Beach resident, Ray Dussault, asked that there be a system in place regarding volleyball court scheduling before additional events are added to the calendar. Every weekend is already booked with classes on the south and events on the north, which eliminates over a third of the courts in Hermosa Beach. One organization has over a dozen events scheduled in one year. Additional events should be denied to avoid overcrowding the calendar even more. The volleyball community has several recommendations to help the problem in 2015, such as assessing events on the amount of courts requested and not the total attendance, or making it so half of the courts are reserved for free-play for locals. Since the courts are all numbered, the application should reference which courts they request by number and event planners should plan on putting temporary courts up. Dave Fulton, Hermosa Beach resident, mentioned the growth of volleyball started about 3 years ago and a plan needs to be in place to manage that continued growth. Fulton would like to know the mechanism in place to vet events with less than 500 in attendance and how the community can speak on it. Perhaps a Volleyball Advisory Committee can be set-up so the community can assist with coming up with recommendations for Commission then Council. Patrick Mejia, Hermosa Beach resident, spoke on behalf of Volleyball Ventures. They are holding their 30 th anniversary of family friendly tournaments in Hermosa Beach and Manhattan Beach. Volleyball Ventures found that 70% of their players live in Hermosa Beach so it made sense to bring the event back to Hermosa Beach for the locals. A lot of those in the tournament also participate in the City’s volleyball classes put on by Bill Sigler and Dennis Collins. Volleyball Ventures have applied for tournaments during the off-season. Contact has been made with the volleyball community, specifically Suni Keeling and Dave Fulton, regarding their concerns and Volleyball Ventures will save courts for the locals. Commissioner Rosenfeld closed public comment. Commissioner Guheen committed to bringing recommendations from the volleyball community into consideration and getting the topic on the agenda for further resolution. Commissioner Rosenfeld shared that in dealing with special events, the consensus is there are too many events but he views it as activities available for residents to enjoy. It would be ideal to find a way to bring events in without causing a negative impact to the community. All volleyball courts should be accessible to anyone, not “owned.” Other locations than around the pier should be looked out to spread out the density of Special Events. Commissioner Rosenfeld brought the BVCA National Beach Championship up for discussion. Strickfaden presented background on the event. Strickfaden noted that Staff has been working on short term solutions for the volleyball courts and will address them with City Council at their meeting discussing the events calendar. One solution in place this year will be limiting all but three tournaments to the north side of the pier, keeping the south side open for City Classes and the locals. City Council has directed Staff to work on long term solutions. Jeff Smith, event producer of the BVCA, stated that last year the event ran at the same time as NVL without issue. The set-up is Monday without impact and the event continues Tuesday, Wednesday and Thursday with a 5:00pm end time. The impact to the volleyball community is understood and the event strives to be lower impact. Guheen commented regardless of impact of the event, the dates requested cause traffic right after the July 4 th weekend. Smith clarified the event was held the same time last year, on weekday, with no issues. Motion by Commissioner Lange to approve the BVCA National Beach Championships on proposed date. Commissioner Guheen seconded the motion. All Ayes. Commissioner Rosenfeld brought the USAV High Performance Championship up for discussion. Strickfaden presented background on the event. Commissioner Guheen brought up a potential issue of having Smackfest on the south side of the Pier at the same time. Commissioner Rosenfeld followed up his previous suggestion of taking one of the events outside of the pier location. Strickfaden replied the suggestion would need to be taken to a public hearing at the City Council level because of long standing policy of holding events within the Commercial Zone only. Commissioner Guheen suggested the USAV High Performance Championship event be held on a different day. Commissioner Rosenfeld suggested shortening the duration of the event and adding temporary courts. Commissioner Lange noted the USAV High Performance Championship has a long standing history without problem. Commissioner Guheen pointed out the heavy schedule in the month of July. Commissioner Rosenfeld asked Staff to work with USAV to shorten the duration of the event so there is no conflict with Smackfest. Motion by Commissioner Guheen directing Staff to work with USAV to eliminate the proposed date in which Smackfest is also scheduled. Commissioner Lange seconded the motion. All Ayes. Commissioner Rosenfeld brought the Hermosa Beach Championships/NVL RIZE West Coast Volleyball Championships up for discussion. Strickfaden presented background on the event. Commissioner Guheen noted concern regarding the Summer Concert taking place on the same day. Commissioner Rosenfeld and Lange agreed with Commissioner Guheen’s concern. Commissioner Rosenfeld again suggested shortening the duration of the event so there is no conflict with the Summer Concert and adding temporary courts. Motion by Commissioner Guheen directing Staff to work with NVL to eliminate the proposed date in which the Summer Concert is also scheduled. Commissioner Lange seconded the motion. All Ayes. Commissioner Rosenfeld brought the Snow Fest up for discussion. Strickfaden presented background on the event. Motion by Commissioner Guheen to approve Snow Fest on its proposed date. Commissioner Lange seconded the motion. All Ayes. Commissioner Rosenfeld brought Leadership Hermosa’s Fit Fest up for discussion. Strickfaden presented background on the event. Patrick Mejia, Hermosa Beach Resident and project director for Leadership Hermosa Class 2015, spoke on behalf of Leadership Hermosa along with other event leaders. Mejia along other project leaders presented background on the event. Commissioner Rosenfeld asked the total number of participants for the event. The event leads responded 400. Commissioner Rosenfeld asked about the routes causing potential traffic/crowding issues. Event leads responded different starting locations and times will prevent any issues. Commissioner Guheen recommended having a class member of Leadership Hermosa present with each group. Commissioner Guheen asked Staff what the protocol is when information being presented is different than the application before Commission. Strickfaden responded the event could be approved in concept, or a new application could be brought back to a future meeting for discussion. Commission recommended the event producers fill out a new application with the new event plan, with consideration of traffic and flow issues being first priority. The event will then be discussed at the April Commission meeting. The representative from USAV came forth to Commission. Commissioner shared their recommendations. The event producer responded it would be difficult but could be attempted. USAV will have to provide a definite answer at a later time. Commissioner Rosenfeld brought the ‘Vote No on O’ Volleyball Tournament by Keep Hermosa Hermosa up for discussion. Strickfaden presented background on the event. Commissioner Rosenfeld asked if a special event has been brought forth to Commission with political nature such as this event. Strickfaden replied not during her time. Commissioner Guheen shared the weekends during February are easier to have events on as it’s less dense than March. It’s suggested to have the event on the South Side of the Pier. Strickfaden responded the City’s Contract Class schedule will need to be considered. Commissioner Guheen suggested working around it. Commissioner Rosenfeld shared concern on permitting events that support a specific political agenda. Commissioner Guheen shared her opinion that since there is no policy regarding politically driven events on the beach, the event cannot be denied. This topic should be discussed when discussing special event and beach use as a whole. Strickfaden responded the City is to remain neutral on political matters and treat applicants the same as any other applicant. Since the beach is to be used for recreational use and the event falls within this category, the event should be looked at as any other volleyball tournament would be. Commissioner Lange suggested the event producers eliminate the political aspect in the event title and plan on the event taking place Sunday, February 22. Motion by Commissioner Guheen directing Staff to work with Keep Hermosa Hermosa to change the event date from March to February. Commissioner Lange seconded the motion. Commissioner Rosenfeld Opposed. Commissioner Rosenfeld brought the Beach Cities Easter Egg Hunt up for the discussion. Strickfaden presented background on the event. Motion by Commissioner Guheen to approve the Beach Cities Easter Egg Hunt on its proposed date. Commissioner Lange seconded the motion. All Ayes. B. Parks and Recreation Commission Meeting Protocols Strickfaden presented the Staff Report. Commissioner Guheen asked the protocol regarding public comment be announced when opening for public comment at all meetings. Commissioner Rosenfeld agreed. C. Surf Legends Memorial Update Strickfaden presented the Staff Report. Staff Report(s) A. November Activity ReportB. December Activity ReportC. Upcoming Special Events Orta shared recreation highlights from November and December regarding the Hermosa Five-O Senior Activity Center, Bus Trips, and the Sand Snowman Event, as well as other upcoming information in the Commissioner’s packets. Commissioner Rosenfeld shared interest in the Foreign Movie Night and potentially incorporating a similar event in the Community Theatre. Commissioner Guheen asked for more information on the P.A.R.K. Program locations. Orta responded the program is held in two of the rooms at the Community Center and a room at the South Park. Commissioner Guheen asked about the potential for expanding. Orta responded the issue is space since a waitlist exists. Commissioner Guheen asked about the use of space at South Park. Strickfaden shared that the two programs that used to be held in the South Park rooms included the P.A.R.K. Program and the School District’s After School Program. The School District’s After School Program is no longer held at South Park but their rooms are used as offices and the P.A.R.K. After School Program remains with one room. Commissioner’s Reports Community Garden/South Park Project – Commissioner Guheen and Commissioner Lauzon Strickfaden shared that bids are to close soon and an update will be provided after. Friends of the Parks – Commissioner Rosenfeld and Commissioner Lauzon No update. Pet Waste Task Force – Commissioner Guheen No update. Hermosa Arts Foundation – Commissioner Rosenfeld Commissioner Rosenfeld provided information on this during the Community Theatre report. Historical Society/Museum – Commissioner Raymond and Commissioner Lange Commissioner Lange shared about an upcoming event to be held in the museum on February 12 th, which is a reception for the environmental speaking engagement to be held in the Community Theatre. Surfer’s Walk of Fame – Commissioner Lange Commissioner Lange shared that meetings have been held the past few months with leaders of the local surfing community focusing on improving all aspects of the Surfer’s Walk of Fame. So far the group has been able to establish new nomination criteria, appoint two new judges, and adopt new categories for inductees. Community Theatre – Commissioner Rosenfeld and Raymond Commissioner Rosenfeld shared that meetings have taken place with the Hermosa Arts Foundation discussing the use of the Community Theatre. It has been determined that 85% of its total usage is by youth theatre companies. Arts foundation is discussing use of the theatre. It is suggested that events are scheduled to bring in a more diverse audience, including more adult friendly events. Strickfaden added that at the most recent Hermosa Arts Foundation meeting questionnaires were given to these youth theatre companies to gather their thoughts on how to reduce that 85% without negatively affecting them. Other Matters A. Update on requested City Adopted Outdoor Fitness Permit Program Strickfaden shared that the Outdoor Fitness Permit Program will be looked at and discussed when the beach use is looked at as a whole. Motion by Commissioner Lange to adjourn the meeting. Commissioner Guheen seconded the motion. All Ayes. Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0236 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 AWARD STORM DRAIN CATCH BASIN MAINTENANCE CONTRACT (Associate Engineer Homayoun Behboodi) Subject: AWARD STORM DRAIN CATCH BASIN MAINTENANCE CONTRACT Recommended Action: It is recommended that the City Council: 1.Award the attached Storm Drain Catch Basin Maintenance contract to United Storm Water for the period beginning April 1, 2015 and ending March 31, 2018 for a total three year contract amount of $71,062.50; 2.Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; and 3.Authorize the Director of Public Works to make minor changes as necessary within the budgeted amount Discussion: Specifications were prepared and Requests for Proposals notices were posted and advertised in the Easy Reader. Four proposals were received on February, 19, 2015 and cost proposals were opened and read aloud. The results were as follows: FIRM AMOUNT United Storm Water, Inc.$ 71,062.50 Downstream Services, Inc.$ 86,377.00 Ocean Blue Environmental Services, Inc.$ 101,487.00 KVAC Environmental Services $ 115,750.79 This contract provides cleaning services for the 165 catch basins and 13 infiltration basins in the City including sediment/debris removal and maintaining the filter baskets and trash excluder screens. This cleaning is an integral part of our annual pollution prevention efforts to protect ocean water quality and is required under our Municipal National Pollutant Discharge Elimination System (NPDES) Permit. United Storm Water is our present contractor and staff has been very satisfied with their services and Hermosa Beach Printed on 3/5/2015Page 1 of 2 powered by Legistar™ File #:ID#2015-0236 therefore recommends award of this contract to them. Fiscal Impact: United Storm Water’s maintenance services proposal is for three years at $23,687.50 per year. This amount is funded by the 160 Sewer Fund. Total budget remaining for this project for FY2014-15 is $14,781. Approximately $6,000 will be spent for the project for the remainder of this fiscal year. Attachments: 1.Draft Professional Services Agreement 2.Draft Professional Services Agreement, Exhibit A 3.United Storm Water, Inc. Proposal Respectfully Submitted by: Homayoun Behboodi, Associate Engineer Concur: Andrew Brozyna P.E., Public Works Director/City Engineer Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 3/5/2015Page 2 of 2 powered by Legistar™ Agreement No. ___15.001______ CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE STORM DRAIN CATCH BASIN MAINTENANCE SERVICES This AGREEMENT is entered into this March day of 10, 2015, by and between the CITY OF _______Hermosa Beach_______, a general law city a municipal corporation (“CITY”) and United Storm Water, Inc., a limited liability company (“CONSULTANT”). R E C I T A L S A.The City desires to obtain an agreement for Storm Drain Catch Basin Maintenance Services. B.The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work. C.The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement. D.The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement. NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows: 1.CONSIDERATION AND COMPENSATION A.As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as United Storm Water, Inc. Proposal B.As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement. C.As additional consideration, CITY agrees to pay CONSULTANT a total of $71,602.50 for MAINTENANCE services, unless otherwise specified by written amendment to this Agreement. D.No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee. E.CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. 2.SCOPE OF SERVICES. Page 2 of 10 A.CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE as included in the United Storm Water, Inc. Proposal and incorporated herein by this reference. B.Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3.PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” 4.TIME OF PERFORMANCE. The services of the CONSULTANT are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in the proposal unless extended in writing by the CITY. 5.FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. 6.KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is Ramon Menjivar, CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City. 7.TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on March 31, 2018, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties. 8.CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 9.TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. Page 3 of 10 10.PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 11.TERMINATION. A.Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing. B.CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date. C.In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination. D.Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. 12.INDEMNIFICATION. A.CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. B.The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. Page 4 of 10 13.ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void. 14.INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 15.AUDIT OF RECORDS. A.CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. B.CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 16.CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement. 17.INSURANCE REQUIREMENTS. A.The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 1.Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by Page 5 of 10 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 one million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 3.Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4.Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. B.Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise. 1.“The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Page 6 of 10 CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.” 2.This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy. 3.This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4.The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents. 5.Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. 6.The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY. C.CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. D.Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions. E.The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. F.Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above. G.The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the Page 7 of 10 named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. 18.USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation. 19.FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub- consultants and agents. 20.CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction. 21.NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 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: Page 8 of 10 CITY CONSULTANT City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 ATTN: Andrew Brozyna, P.E. United Storm Water, Inc. 14000 E. Valley Blvd. City of Industry, CA 91746 ATTN: Ramon Menjivar Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section. 23.SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide 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. 24.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. 25.INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 26.ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. 27.RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 28.AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY. Page 9 of 10 29.ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. 30.FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. 31.TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. 32.ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled. 33.STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. 34.OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City. DISCLOSURE REQUIRED. By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18701(a)(2)(A) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code. City Initials ______Consultant Initials ______ Page 10 of 10 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF HERMOSA BEACH CONSULTANT MAYOR By:TITLE ATTEST: Elaine Doerfling, City Clerk Taxpayer ID No. APPROVED AS TO FORM: Michael Jenkins , City Attorney REQUEST FOR PROPOSALS FOR STORM DRAIN CATCH BASIN MAINTENANCE SERVICES APRIL 1, 2015- MARCH 31, 2018 PUBLIC WORKS DEPARTMENT 1315 Valley Drive Hermosa Beach, CA 90254 310/318-0214 1 TABLE OF CONTENTS PAGE NO. PART 1 Notice to Contractors 3 PART 2 Instructions to Bidders 4 PART 3 Bid Documents Section 1 Proposal to the City Council 7 Section 2 Non-Collusion Affidavit 8 Section 3 Contractors Industrial Safety Record 9 Section 4 Designation of Subcontractors 10 Section 5 Contractor’s Hourly Costs 11 Section 6 Bid Forms 12 Section 7 Addenda 15 Section 8 Signature Page 16 Section 9 References 17 Section 10 Agreement 18 Section 11 Compensation Insurance Certificate 27 PART 4 General Provisions Section 1 Definitions of Terms 28 Section 2 Award and Execution of Agreement 29 Section 3 Legal Requirements and Responsibilities 34 Section 4 Prosecution and Progress of Work 36 Section 5 Method of Payment 38 PART 5 Special Provisions Section 1 Scope of Work 39 Section 2 Personnel and Supervision 45 Section 3 Equipment and Materials 47 Section 4 Items of Work 48 Section 5 City Map 53 Section 6 Sample Maintenance Agreement 54 2 City of Hermosa Beach NOTICE INVITING PROPOSALS Notice is hereby given the City of Hermosa Beach will receive SEALED PROPOSALS at the office of the City Clerk, City of Hermosa Beach, California, until 2:00 p.m. on Thursday, February 19, 2015 at which time they will be publicly opened and read aloud for performing the following work: STORM DRAIN CATCH BASIN MAINTENANCE SERVICES Late proposals will not be accepted. The proposal shall be enclosed in a sealed envelope addressed to the City Clerk, City of Hermosa Beach, 1315 Valley Drive, Hermosa Beach, CA 90254 and shall be identified in the lower left corner of the envelope “SEALED BID - STORM DRAIN CATCH BASIN MAINTENANCE”. City Hall is open Monday through Thursday, from 7:00 a.m. until 6:00 p.m. No proposal shall be considered unless it is made on proposal forms furnished by the Director of Public Works. Specifications, instructions to bidders, proposal, agreement, general and special provisions may be obtained at the office of the Director of Public Works, City of Hermosa Beach or on the City’s website at http://www.hermosabch.org/index.aspx?page=667 starting Thursday, January 29, 2015. A mandatory pre-bid Meeting is scheduled for Tuesday, February 10, 2015 at 1:00 pm, City Hall, Council Chambers, 1315 Valley Drive, Hermosa Beach. All questions regarding this proposal must be submitted in writing to Ells Freeman, Public Works Superintendent, on or before 3:00 PM on Wednesday, February 11, 2015 via email to lzeigler@hermosabch.org. It is the responsibility of the bidder to inquire as to the issuance of any addenda prior to the submittal of bid. A business license is required to work in the City of Hermosa Beach. The City of Hermosa Beach reserves the right to reject any or all bids and to waive any irregularity of informality in any bid to the extent permitted by law. The City of Hermosa Beach reserves the right to award any portion of combination of bid items in this specification. The City of Hermosa Beach reserves the right to delete any item of the bid or to increase quantities/frequencies in any bid item after awarding the agreement. Thank you for your time and interest in the City of Hermosa Beach. Elaine Doerfling, City Clerk Run 1/29/15, 2/5/15 3 PART 2 SECTION 1 INSTRUCTIONS TO BIDDERS 2.1.1 GENERAL Proposals for this project shall be submitted on the blank forms furnished herewith. When presented, they must be completely made out in the manner and form indicated therein: (1) showing the proposed prices clearly and legibly in both words and numerals, and (2) properly signed by the bidder, whose address and telephone number shall also be shown. The City Council reserves the right to reject any bid if all of the above information is not furnished. Each proposal submitted shall be presented under sealed cover, and must be filed prior to the time, and at the place, designated in the Notice Inviting Bids. The Contractor shall be familiar with the various types or ARS units that re installed in the City and County catch basins. 2.1.2 EXAMINATION, SPECIFICATIONS, AND SITE OF THE WORK The specifications to which the proposal forms refer are on file and open to inspection in the office of the Director of Public Works. Bidders must satisfy themselves by personal examination of the location of the proposed work and by such other means, as they may prefer as to the actual conditions and requirements of the work. Bidders shall not at any time after submission of the bid dispute, complain, or assert that there was any misunderstanding in regard to the nature or amount of work to be done. 2.1.3 ESTIMATED QUANTITIES The quantities shown in the proposal form, and in the estimate included in the specifications, are approximate only, and give a general indication of the amount of work or material to be performed or furnished. They are the quantities, which will be used as a basis for comparison of the proposals. 2.1.4 DISQUALIFICATION OF PROPOSALS More that one proposal for the same work from any individual, firm, partnership, corporation, or association under the same or different names will not be accepted, and reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be cause for rejecting all proposals in which such bidder is interested. Proposals in which the prices are obviously unbalanced, and those, which are incomplete or show any alteration of form or contain any additions or conditional or alternate bids that are not called for or otherwise permitted, may be rejected. A proposal in which the signature of the bidder has been omitted will be rejected. 2.1.5 AWARD OF AGREEMENT The award of the agreement, if it is awarded, will be made to the most qualified and responsible bidder whose proposal complies with all the prescribed requirements. Until award is made, the right will be reserved to reject any or all bids and to waive technical errors or discrepancies if to do so is deemed to best serve the interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility of the bidder to whom it is proposed to make such award. 4 2.1.6 PROPOSAL FIGURES In case of a discrepancy between words and figures, the words shall prevail. The bid price shown in words shall take precedence over the price shown for the total should any discrepancy exist. An alteration of, or addition to, the form of proposal, which qualifies the bid, will invalidate it. No mention shall be made of Sales Tax or Use Tax; all bid prices submitted will be considered as including such tax. 2.1.7 EXECUTION OF AGREEMENT If awarded the agreement, the undersigned hereby agrees to sign said agreement and furnish the necessary certificate of insurance within ten (10) days of the Notice of Award of said agreement, and to begin work as of the date on the Notice to Proceed from the City of Hermosa Beach, California. 2.1.8 INSTRUCTIONS FOR SIGNING PROPOSAL (BID) AND AGREEMENT CORPORATIONS Give the name of Corporation. Signatures: President or Vice-President and Secretary or Assistant Secretary. Affix Corporation seal and Notary's acknowledgment. Others may sign for the corporation if the Director of Public Works has been furnished a certified copy of a resolution of the Corporation Board of Directors authorizing them to do so. PARTNERSHIPS Signatures: All members of partnership, one may sign if Director of Public Works has a copy of authorization. Affix Notary's acknowledgment. JOINT VENTURES Give the names of the joint ventures. Signatures: All members of partnership, one may sign if Director of Public Works has a copy of authorization. Affix Notary's acknowledgment. INDIVIDUALS Signature: The individual. Affix Notary's acknowledgment. Another may sign for the individual if Director of Public Works has been furnished a certified power-of-attorney authorizing the other person to sign. FICTITIOUS NAMES Show fictitious name. Satisfy all pertinent requirements shown above. 2.1.9 BONDS 5 BIDDERS BOND All bidders shall furnish a bid bond executed by an "A Rated” surety company licensed to do business in this State. This binds the bidder to indemnify the City against all losses, not to exceed the sum of the bond, if the bidder fails to execute the agreement signed. Said bid bond shall be for not less than 10 percent of the total amount bid for the first year of the contract. A certified check or cashier's check payable to the City may be deposited in lieu of a bid bond. In such event, only the City will retain the security deposit of the top three qualified bidders; all other such securities shall be promptly returned. 2.1.10 QUALIFICATIONS OF BIDDERS All bidders hereunder must furnish satisfactory evidence to the City that they have operated or are presently operating a storm drain cleaning service for a municipality for a period of time not less than five (5) years. As an attachment to the bid, all bidders shall include a listing, with qualifications, of personnel who have had experience in operating a comparable system and who have agreed to work for them in the operation of this agreement. As an attachment to the proposal, all bidders shall include detailed inventories of their equipment and all accessories by type, by model, year of manufacture, and anticipated remaining useful life as of the date of the inventory. All leased equipment shall be listed separately; the time remaining of each leased machine and option of renewal, where applicable, shall be stated. All equipment proposed to accomplish the work under this agreement must be available upon the effective date of the commencement of operations. Any new equipment proposed to be acquired shall be described in the schedule attached to the bid document stating the scheduled time in calendar days such equipment will be in operation and shall include copies of delivery guaranties by manufacturers. All bidders shall be required to demonstrate to the satisfaction of the City that they have adequate financial resources, experienced personnel, and expertise to perform the services required by these specifications. No agreement will be awarded to any bidder who, as determined by the City, has an unsatisfactory performance record or inadequate experience, or who at any time lacks the necessary capital, organization, and equipment to conduct and complete the services in strict accordance with the specifications. All bidders shall be held to comply with all laws of the State of California, the rules and regulations promulgated thereunder, the applicable ordinances, the rules and regulations of the City of Hermosa Beach, the ordinances and rules and regulations of the County of Los Angeles, and all other provisions of law. The CONTRACTOR shall meet all the requirements of the legislation and regulations, including any subsequent changes. 6 PART 3 SECTION 1 PROPOSAL TO THE CITY COUNCIL MAINTENANCE OF STORM DRAIN CATCH BASINS IN HERMOSA BEACH, CALIFORNIA 3.1.1 PROPOSAL The undersigned, as bidder, declares that: (1) this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein; (2) bidder has carefully examined the Specifications, Instructions to Bidders, Proposal, Notice to Contractors and all other information furnished therefore and the sites of the proposed work; and (3) bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract is awarded to bidder, to enter into a contract with the City Council of the City of Hermosa Beach to perform said proposed work in accordance with the terms of the specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary to do said work, except such thereof as may otherwise be furnished or provided under the terms of said specifications, for the following stated prices as submitted and attached hereto. 3.1.2 REQUIRED PROPOSAL DOCUMENTS The bidder has submitted a complete Proposal, which includes all of the following documents: Proposal to the City Council Non-Collusion Affidavit Copy of Agreement Compensation Insurance Certificate Contractor’s Industrial Safety Record Designation of Subcontractors Contractor’s Hourly Cost Labor & Equipment Bidder’s Itemized Cost Breakdown by Year (Bid Form) References Signature Page Bid Bond 7 PART 3 SECTION 2 NON-COLLUSION AFFIDAVIT NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY EACH AWARDEE OF A PRINCIPAL CONTRACT STATE OF CALIFORNIA ) )ss COUNTY OF ) being first duly sworn, deposes and says that he is (sole owner, a partner, president, etc.) of _________________________________________________________________, the party making the foregoing bid, that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said bidder has not directly or indirectly induced or solicited any other bidder to put a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put a sham bid, or that anyone shall refrain from bidding, that said bidder has not in any manner, directly or indirectly, sought by agreements, communication, or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the overhead, profit or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contractor or anyone interested in the proposed contract; that all statements contained in such bid are true and, further, that said bidder has not, directly or indirectly, submitted his bid price, or any breakdown thereof, of the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, or to any member or agency thereof, or to any other individual, except to such person or persons who have a partnership of other financial interest with said bidder in his general business. Signed ___ Title Subscribed and sworn to before me this day of , 201_. Notary Public 8 PART 3 SECTION 3 CONTRACTOR’S INDUSTRIAL SAFETY RECORD 3.3.1 SAFETY RECORD To be submitted with each bid to contract for: Project Identification: _________________________________ Bid Date:___________________________________________ The information must include all work undertaken in the State of California by the bidder, partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership, joint venture, and corporate or individual bidder. The bidder may attach any additional information or explanation of data, which he/she would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. NAME OF CONTRACTOR: Record Last Five (5) Full Years Year of Record 2010 2011 2012 2013 2014 1. No. of Contracts 2. Total dollar amount of Contracts (in thousands of Dollars) 3.* No. of Fatalities 4.* No. of lost workday cases 5.* No. of lost workday cases involving per-manned transfer to another job or termination of employment 6.* No. of lost workdays *The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary of Occupational Injuries and Illnesses, OSHA No.102. 9 PART 3 SECTION 4 DESIGNATION OF SUBCONTRACTORS 3.4.1 SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act" Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each bidder shall set forth below the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime Contractor in or about the performing of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime Contractor's total bid, and done by each subcontractor, only one subcontractor for each portion shall be listed. If the Contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he/she shall be deemed to have agreed to perform such portion himself/herself, and he/she shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. Subletting or subcontracting of any portion of the work to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City Council of the City of Hermosa Beach. SUBCONTRACTORS’ STATE *PORTION OF WORK NAMES AND ADDRESSES LICENSE NUMBER CLASS *Note: Not more than 49% of the contract amount shall be subcontracted out. By submission of this proposal, the Contractor certifies: A. That he/she is able to and will perform the balance of all work, which is covered in the above subcontractor listing. B. That the City will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. 10 PART 3 SECTION 5 CONTRACTOR’S HOURLY COSTS 3.5.1 HOURLY COSTS Hourly Costs for labor and equipment are provided below: 3.5.2 LABOR CLASSIFICATION/TITLE HOURLY COST MARKUP BILLING COSTS Laborer Crewleader Supervisor Equipment Operator Others (please list) 3.5.3 EQUIPMENT – list all makes/models/year. TYPE HOURLY COST MARKUP BILLING COSTS 11 PART 3 SECTION 6 - BID FORM STORM DRAIN CATCH BASIN MAINTENANCE - 1ST TIME PERIOD (April 1, 2015 – March 31, 2016) ITEMS DESCRIPTION APPROXIMATE QUANTITY UNIT UNIT PRICE $ TOTAL 1A Maintain 2 City-owned catch basins & filters 4 times a year EA. Maintain 80 City-owned catch basins & filters 3 times a year EA. Maintain 4 City-owned catch basins & filters 2 times a year EA. 1B Maintain 11 County-owned catch basins & filters 3 times a year EA. Maintain 68 County-owned catch basins & filters 2 times a year EA. 2 Transportation/disposal of non-RCRA material Estimate 2,000 lbs. LBS. 3 Lab analysis. 1 time per year EA. 4 Transportation/disposal (California/Federal hazardous) If needed, estimate 200 lbs. LB. 5 Catch Basin Filter Replacement and Repair As Needed EA. 6 Catch Basin Screen Replacement and Repair As Needed EA. 7 Maintain 13 City-owned Infiltration Boxes 2 times per year EA. 8 Infiltration Box Screen Replacement and Repair As Needed EA. 9 Infiltration Box Filter Replacement and Repair As Needed EA. Total_______________ TOTAL COST IN WORDS ________________________________________________ Bidder Authorized Agent: __________________________ Bidder Company Name:______________________ Street Address: ___________________________ City, State, Zip: ___________________________ Telephone: ___________________________ 12 BID FORM STORM DRAIN CATCH BASIN MAINTENANCE - 2ND YEAR April 1, 2016 – March 31, 2017 ITEMS DESCRIPTION APPROXIMATE QUANTITY UNIT UNIT PRICE $ TOTAL 1A Maintain 2 city-owned catch basins & filters 4 times a year EA. Maintain 80 City-owned catch basins & filters 3 times a year EA. Maintain 4 City-owned catch basins & filters 2 times a year EA. 1B Maintain 11 county-owned catch basins & filters 3 times a year EA. Maintain 68 county-owned catch basins & filters 2 times a year EA. 2 Transportation/disposal of non- RCRA material Estimate 2,000 lbs. LBS. 3 Lab analysis. 1 time per year EA. 4 Transportation/disposal (California/Federal hazardous) If needed, estimate 200 lbs. LB. 5 Catch Basin Filter Replacement and Repair As Needed EA. 6 Catch Basin Screen Replacement and Repair As Needed EA. 7 Maintain 13 City-owned Infiltration Boxes 2 times per year EA. 8 Infiltration Box Screen Replacement and Repair As Needed EA. 9 Infiltration Box Filter Replacement and Repair As Needed EA. Total_______________ TOTAL COST IN WORDS ________________________________________________ Bidder Authorized Agent:_____________________________ Bidder Company Name:______________________ Street Address: _____________________________ City, State, Zip: _____________________________ Telephone: _____________________________ 13 BID PRICE FORM STORM DRAIN CATCH BASIN MAINTENANCE - 3RD YEAR April 1, 2017 – March 31, 2018 ITEMS DESCRIPTION APPROXIMATE QUANTITY UNIT UNIT PRICE $ TOTAL 1A Maintain 2 city-owned catch basins & filters 4 times a year EA. Maintain 80 City-owned catch basins & filters 3 times a year EA. Maintain 4 City-owned catch basins & filters 2 times a year EA. 1B Maintain 11 county-owned catch basins & filters 3 times a year EA. Maintain 68 county-owned catch basins & filters 2 times a year EA. 2 Transportation/disposal of non- RCRA material Estimate 2,000 lbs. LBS. 3 Lab analysis. 1 time per year EA. 4 Transportation/disposal (California/Federal hazardous) If needed, estimate 200 lbs. LB. 5 Catch Basin Filter Replacement and Repair As Needed EA. 6 Catch Basin Screen Replacement and Repair As Needed EA. 7 Maintain 13 City-owned Infiltration Boxes 2 times per year EA. 8 Infiltration Box Screen Replacement and Repair As Needed EA. 9 Infiltration Box Filter Replacement and Repair As Needed EA. Total_______________ TOTAL COST IN WORDS ________________________________________________ Bidder Authorized Agent:_____________________________ Bidder Company Name: ______________________ Street Address: _____________________________ City, State, Zip: ____________________________ Telephone: _____________________________ 14 PART 3 SECTION 7 ADDENDA The undersigned acknowledges the receipt of the following addenda to the specifications. Addendum No. Date Addendum No. Date CONTRACTOR SIGNATURE 15 PART 3 SECTION 8 SIGNATURE PAGE 3.8.1 SIGNATURE The information herewith stated was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true, and accurate within the limitations of those records. Name of Bidder Signature Address City Zip Code Telephone 16 PART 3 SECTION 9 REFERENCES SUBMIT SEPARATELY A LIST OF ALL CONTRACTS IN FORCE AS OF THIS DATE, INCLUDING CONTACT PERSON, AMOUNT OF THE CONTRACT AND TELEPHONE NUMBER. 1. 2. 3. 4. 5. 17 PART 3 SECTION 10 AGREEMENT STORM DRAIN CATCH BASIN MAINTENANCE SERVICES AGREEMENT This Agreement for __________ Maintenance (“Agreement”) is made on this ___ day of ____________2015, at Hermosa Beach, California, by and between the City of Hermosa Beach, a municipal corporation, 1315 Valley Drive, Hermosa Beach, California 90254 (hereinafter referred to as the “CITY”) and _________________. (hereinafter referred to as the “CONTRACTOR”). RECITALS A. CITY proposes to contract for _______ maintenance services as set forth below in this Agreement; B. CONTRACTOR is willing to perform such services and has the necessary qualifications by reason of experience, preparation, and organization to provide the services described in Exhibit A. NOW, THEREFORE, the CITY and the CONTRACTOR mutually agree as follows: 1. SERVICES. CONTRACTOR shall perform those services set forth in “Exhibit A” (Request for Proposal Document - _______________ Services) which is attached hereto and incorporated herein by reference. By executing this Agreement, CONTRACTOR represents that it 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. 2. TIME OF PERFORMANCE. The services of CONTRACTOR are to commence upon receipt of a notice to proceed from CITY and shall be completed within the time period designated by CITY. The term of this Agreement shall be for the time period beginning ___________, 2015 and ending on ______________unless extended in writing in advance by the CITY. 3. PAYMENT FOR SERVICES. CONTRACTOR shall be compensated in an amount not to exceed those amounts as listed on pages P-___ through P- ___ of Exhibit A. Compensation shall under no circumstances be increased except by written amendment of this Agreement. CONTRACTOR shall be paid within thirty (30) days of presentation of an invoice to CITY for services performed to CITY’s satisfaction. CONTRACTOR shall submit invoices monthly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by CITY. 4. CONTRACT ADMINISTRATION. 18 4.1. CITY’s Representative. Unless otherwise designated in writing ___________________, Maintenance Supervisor shall serve as the CITY’s representative for the administration of the project. All activities performed by the CONTRACTOR shall be coordinated with this person. 4.2. Manager-in-Charge. For the CONTRACTOR___________ shall be in charge of the project on all matters relating to this Agreement and any agreement or approval made by her/him shall be binding on the CONTRACTOR. The Manager-in-Charge shall not be replaced without the written consent of the CITY. 4.3. Responsibilities of the CITY. The CITY shall provide all relevant documentation in its possession to the CONTRACTOR upon request in order to minimize duplication of efforts. The CITY’s staff shall work with the CONTRACTOR as necessary to facilitate performance of the services. 4.4. Personnel. The CONTRACTOR represents that it has or will secure at its own expense all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by the CONTRACTOR or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The CONTRACTOR reserves the right to determine the assignment of its own employees to the performance of the CONTRACTOR’s services under this Agreement, but the CITY reserves the right, for good cause, to require the CONTRACTOR to exclude any employee from performing services on the CITY’s premises. 5. TERMINATION. 5.1. Termination for Convenience. Either party may terminate this Agreement without cause and in its sole discretion at any time by giving the other party thirty (30) days' written notice of such termination. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination and shall be compensated for services performed to the CITY's satisfaction up to the date of termination. 5.2. Termination for Cause. All terms, provisions, and specifications of this Agreement are material and binding, and failure to perform any material portion of the work described herein shall be considered a breach of this Agreement. Should the Agreement be breached in any manner, the CITY may, at its option, terminate the Agreement not less than five (5) days after written notification is received by the CONTRACTOR to remedy the violation within the stated time or within any other time period agreed to by the parties. In the event of such termination, the CONTRACTOR shall be responsible for any additional costs incurred by the CITY in securing the services from another contractor. 19 6. INDEMNIFICATION. 6.1. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 6.2. 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. 7. INSURANCE REQUIREMENTS. 7.1. The CONTRACTOR, at the CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 7.1.1. Workers’ Compensation Coverage. The CONTRACTOR shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California. In addition, the CONTRACTOR shall require any and every subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s 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. 20 7.1.2. General Liability Coverage. The CONTRACTOR 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. 7.1.3. Automobile Liability Coverage. The CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONTRACTOR 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 three hundred thousand dollars ($300,000) combined single limit for each occurrence. 7.2. Endorsements. Each general liability and automobile liability insurance policy shall be issued by insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the specific language of Section 8.2.1 below. 7.2.1. “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 CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.” 7.2.2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy. 7.2.3. 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. 7.2.4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents. 7.2.5. 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. 7.2.6. 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. 7.3. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the CITY. At the 21 CITY’s option, the CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions. 7.4. Certificates of Insurance. The CONTRACTOR 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. 7.5. Failure to Procure Insurance. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 6.2 above. 7.6. Nonpayment of Deductible. 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 CONTRACTOR (as the named insured) should CONTRACTOR 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. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on CONTRACTOR’S behalf upon the CONTRACTOR’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 CONTRACTOR for breach of this Agreement in addition to any other damages incurred by City due to the breach. 8. ASSIGNMENT AND SUBCONTRACTING. The parties recognize that a substantial inducement to the CITY for entering into this Agreement is the professional reputation, experience, and competence of the CONTRACTOR. Assignments of any or all rights, duties, or obligations of the CONTRACTOR under this Agreement will be permitted only with the express consent of the CITY. The CONTRACTOR shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the CITY. If the CITY consents to such subcontract, the CONTRACTOR shall be fully responsible to the CITY for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the CITY and subcontractor nor shall it create any obligation on the part of the CITY to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 9. COMPLIANCE WITH LAWS, CODES, ORDINANCES, AND REGULATIONS. The CONTRACTOR shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. 22 9.1. Taxes. The CONTRACTOR agrees to pay all required taxes on amounts paid to the CONTRACTOR under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. In the event that the CITY is audited by any Federal or State agency regarding the independent contractor status of the CONTRACTOR and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between the CITY and the CONTRACTOR, then the CONTRACTOR agrees to reimburse the CITY for all costs, including accounting and attorneys’ fees, arising out of such audit and any appeals relating thereto. 9.2. Workers’ Compensation Law. The CONTRACTOR shall fully comply with the workers’ compensation law regarding the CONTRACTOR and the CONTRACTOR’s employees. The CONTRACTOR further agrees to indemnify and hold the CITY harmless from any failure of the CONTRACTOR to comply with applicable workers’ compensation laws. The CITY shall have the right to offset against the amount of any compensation due to the CONTRACTOR under this Agreement any amount due to the CITY from the CONTRACTOR as a result of the CONTRACTOR’s failure to promptly pay to the CITY any reimbursement or indemnification arising under this Section. 9.3. Licenses. The CONTRACTOR represents and warrants to the CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR represents and warrants to the CITY that the CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance. 10. CONFLICT OF INTEREST. The CONTRACTOR confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. The CONTRACTOR shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation. 11. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR represents and agrees that it does not and will not discriminate against any employee or applicant for employment because of race, religion, color, medical condition, sex, sexual orientation and/or gender identity, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. 12. RECORDS AND AUDITS. The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY or any authorized representative, and will 23 be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by the CITY at any time during regular business hours. 13. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the CITY shall own all documents and other work product of the CONTRACTOR, except the CONTRACTOR’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 CONTRACTOR, but any re-use of such documents by the CITY on any other project without prior written consent of the CONTRACTOR shall be at the sole risk of the CITY. The CONTRACTOR shall at its sole expense provide all such documents to the CITY upon request. 14. INDEPENDENT CONTRACTOR. The CONTRACTOR is and shall at all times remain as to the CITY a wholly independent CONTRACTOR. Neither the CITY nor any of its agents shall have control over the conduct of the CONTRACTOR or any of the CONTRACTOR’s employees or agents, except as herein set forth. The CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. The CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent. 15. NOTICE. All Notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. CITY OF HERMOSA BEACH 1315 Valley Drive Hermosa Beach, CA 90254 Attention: Diane Strickfaden, Interim Director Public Works Department CONTRACTOR: ____________________________ ____________________________ ____________________________ Attention: ____________________ 24 16. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Any agreement, statement, or promise not contained in the Agreement, and any modification to the Agreement, will be effective only if signed by both parties. 18. ATTORNEYS’ FEES. In any action brought to declare the rights granted herein or to enforce any of the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees in an amount determined by the court. 19. WAIVER. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement. Payment of any invoice by the CITY shall not constitute a waiver of the CITY’s right to obtain correction or replacement of any defective or noncompliant work product. 20. EXECUTION. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 21. AUTHORITY TO ENTER AGREEMENT. The CONTRACTOR has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 25 IN WITNESS WHEREOF, the parties have executed this Agreement the _____ day of ________________, 20__. CONTRACTOR: (Company Name) _____________________________________ ______(TITLE)_________________________ Contractors State License #: ______________ CITY OF HERMOSA BEACH: Department Director Tom Bakaly, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 26 PART 3 SECTION 11 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City of Hermosa Beach prior to performing any work on this contract: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. CONTRACTOR: _______________________. __(TITLE)_______________________ Date 27 PART 4 GENERAL PROVISIONS SECTION 1 DEFINITION OF TERMS 4.1.1 DEFINITIONS Change Order - Any modification of the Agreement made after the Formal Agreement is executed. City - The City Council of Hermosa Beach or its designated representative. CONTRACTOR - A person or organization identified as such in the Agreement and is referred to throughout the Agreement Document. The term CONTRACTOR means the CONTRACTOR or his/her authorized representative. Daily - Refers to normal hours of work from Monday through Sunday with the exception of holidays. Days - When used to designate a period of time, days shall be in reference to calendar days, unless otherwise specified. Director of Public Works - That person designated by City Council as Director of Public Works or his/her designated representative. Specifications - The written directions, provisions and requirements pertaining to the work and to the quantities and qualities of labor, equipment and materials furnished under this agreement. Subcontractor - An individual, firm or corporation supplying labor or labor and materials for work under this agreement and whose contractual relationship is with the CONTRACTOR and not the City. Supplemental Agreements - Written agreements covering exhibits, schedules, drawings, instructions, alterations, amendments or extensions of the Agreement. Refuse - Shall mean all types of debris including dirt, rock, paper, and leaves. Shall - Shall be mandatory. May - Shall be permissive. Working Day - Shall mean Monday through Sunday. Extra work – Shall be defined in Section 5.1.10. 28 PART 4 SECTION 2 AWARD AND EXECUTION OF AGREEMENT 4.2.1 AGREEMENT DOCUMENT Documents, which shall be signed and provided to the City by the awardee, are: A. Agreement B. Certificate of Insurance - Commercial General Liability C. Certificate of Insurance - Business Auto Liability (Code 1) D. Certificate of Insurance - Worker's Compensation 4.2.2 INTENT, INTERPRETATION AND PRECEDENCE OF AGREEMENT DOCUMENTS The Agreement is intended to describe and provide for complete work. Each agreement document is intended to be cooperative and a requirement included in one is as binding as though included in all. On questions relating to the acceptability of material, machinery, equipment, classification of materials or work, the proper execution of progress, the sequence of work, quantities, interpretation of the specifications or drawings; the decision of the Director of Public Works shall be final, binding and shall be a condition precedent to any payment under the agreement, unless otherwise ordered by the City. In the event of a conflict between one agreement document and any of the other agreement documents, the document highest in precedence shall control and supersede the document, which is contrary to it. The order of precedence of the agreement documents is as follows: First: Supplemental Agreements the last being the first in precedence Second: Agreement Third: Specifications Fourth: Plans, Schedules or Exhibits Fifth: Contractor’s Proposal 4.2.3 INSURANCE The CONTRACTOR shall purchase and maintain insurance as set forth below and shall not commence work under this agreement until he/she has obtained all insurance required under this heading. CONTRACTOR shall pay, at his/her own expense, all premiums upon said policies and shall maintain the same in full force and effect during the life of the agreement. The procuring of such policies of insurance shall not be construed as a limitation of CONTRACTOR's liability or as a full performance on CONTRACTOR's part of the indemnification provisions of the agreement. CONTRACTOR's liability shall be not withstanding such policies of insurance, for the full and total amount of any damage, injury or loss caused by or related to CONTRACTOR’s operations under the agreement. Said insurance coverage obtained by the CONTRACTOR excepting Worker's Compensation Insurance, shall name the City as an additional insured. Neither the City, agent of nor appointee of the City shall be personally responsible for any liability arising under the agreement. 29 A. Commercial General Liability Insurance Concurrently with the execution of any agreement incorporating these specifications, CONTRACTOR shall procure a policy of Public Liability Insurance from a company authorized to do business in the State of California, which policy shall insure the City, its officers, agents or employees against any and all liability for death, injury, loss or damage arising out of or in any manner related to CONTRACTOR’s operations under any agreement that may be let pursuant to these specifications. Such policy of insurance shall be in the amount of not less than One Million Dollars ($2,000,000) for any one claim. Said insurance coverage shall provide that CONTRACTOR and his/her insurers are primarily responsible for any claim which arises from CONTRACTOR's performance of this agreement and that neither City nor any of its insurers shall be required to contribute to any such claim. B. Business Auto Liability Insurance The CONTRACTOR shall carry and maintain insurance coverage for property damage resulting from the CONTRACTOR's operations, in the sum of not less than One Million Dollars ($1,000,000) resulting from any one occurrence, which may arise from the operation of the CONTRACTOR in the performance of the work that is provided herein. Said insurance coverage shall provide that CONTRACTOR and his/her insurers are primarily responsible for any claim which arises from CONTRACTOR's performance of this agreement and that neither City nor any of its insurers shall be required to contribute to any such claim. C. Worker's Compensation Insurance The CONTRACTOR shall provide such compensation insurance as required by the Labor Code of the State of California. The CONTRACTOR at all times shall keep fully insured at his/her own expense, all persons employed by him in connection with the agreement as required by the "Worker's Compensation Insurance and Safety Act" of the State of California. The CONTRACTOR shall during the life of the agreement, keep on file with the City Clerk evidence that the CONTRACTOR if fully and properly insured as required by said Act, which evidence shall be approved by the Hermosa Beach City Attorney as to form and sufficiency. D. Location of Policies CONTRACTOR shall concurrently with the execution of the agreement, deliver said policy of insurance, or a certified Photostat copy thereof, to the City Attorney for approval by him as to form and sufficiency, and the agreement shall not be effective, for any purpose, until such insurance policy is so delivered and so approved. When such policy has been approved, it shall be filed in the office of the City Clerk of the City. E. Insurance Certificate In lieu of filing said insurance policy with the City, the same will be returned to CONTRACTOR after approval as to sufficiency and as to form as above provided, if the CONTRACTOR shall file with the City a CONTRACTOR's Insurance Certificate, executed by the insurance carrier, certifying that the aforesaid insurance is in full force and effect and that all operations of the insured under the agreement entered into pursuant to these specifications are covered thereby, and that the policy will not be canceled without giving the City thirty (30) days prior written notice. 30 F. Non-Liability of City Officials No member of the City Council or Director of Public Works, or any other official or authorized assistant, employee, or agent of the City shall be personally responsible for any damage resulting from the performance liability arising under the agreement, or nonperformance negligently or intentionally of any portion of the services contracted. G. Defaults The breach of any of the terms and conditions of the agreement on the part of the CONTRACTOR shall be grounds for the forfeiture of the agreement at the option of the City. The City upon such termination, shall be at liberty to re-let the work to other parties or to perform said work without agreement, and in either case the CONTRACTOR and his/her surety bond holder shall be liable for any excess cost for performing such work over the cost to the City if the CONTRACTOR has continued to perform in accordance with the agreement specifications. Forfeiture of the agreement has herein provided shall not terminate, suspend, or affect the performance bond. The bond may be used and re-used until exhausted and shall apply to the remaining term of the agreement without regard to the termination date of the bond. (1) If for any reason whatsoever street sweeping and disposal services of the CONTRACTOR are interrupted and scheduled street sweeping services are discontinued for more than forty-eight (48) hours, the City shall have the right to discontinue payment until such services are resumed. (2) No work shall be done by the CONTRACTOR during any period when he/she is not covered by insurance as required in paragraphs (F) and (G) above. In such event, at the option of the City, the City may declare forfeiture as provided herein. (3) All terms and conditions of the agreement are considered material and in the event the CONTRACTOR defaults in the performance of any of the covenants or agreements to be kept, done, or performed by it under the terms of said agreement, the City may give said CONTRACTOR ten (10) days thereafter to make good or perform the default, then the City without further notice and without suit or other proceeding, may cancel and annul the rights and privileges granted in said agreement. The Director of Finance may withhold payment to the CONTRACTOR in the event of default until such time as service in accordance with these specifications is resumed. (4) In the event of termination of the agreement for breach or default by the CONTRACTOR as hereinabove specified, the City shall have the right forthwith to take possession of all sweepers and other equipment of the CONTRACTOR for the purpose of sweeping streets and disposing of the refuse which the CONTRACTOR agreed to do. The City shall have the right to retain possession of said sweepers and equipment until other suitable sweepers and equipment can be purchased or otherwise acquired by the City for said purpose and shall pay the CONTRACTOR the reasonable rental value of such sweepers and equipment during the time the same are used by the City for said purpose. 31 (5) Failure to comply with the terms of these specifications relative to the sweeping of streets and alleys on the part of the CONTRACTOR by reason of major disaster, epidemic, or other extreme emergency within the City or by reason of the enforcement of Federal, State, or local laws not now in effect and inconsistent or in conflict with the purpose and terms of this agreement, within the City, shall not constitute a breach of the agreement. H. Lawsuits The CONTRACTOR shall pay any judgment which may be obtained against the City, either alone or jointly with the CONTRACTOR, for injury or damage to persons or property by reason of the performance or non-performance of the terms of the agreement or in connection with the infringement of any patents provided that if the City alone be sued for such injury or damage immediate notice in writing shall be given to the CONTRACTOR and he/she shall appear and defend such action and shall be liable for all costs of such litigation incurred by the City. I. Delivery of Notice Whenever under the terms hereof, a written notice is required, it shall be sufficient to deliver personally, or mail such notice addressed to the City to: The City Manager, with a copy to the Director of Public Works at his/her office in the City Hall, City of Hermosa Beach, California, those addressed to the CONTRACTOR to him at his/her local office as designated in writing by the CONTRACTOR. J. Time is of the Essence Time is of the essence as to all provisions of these specifications and in any agreement based in whole or in part upon them. K. Transfer of Stock or Interest Any sale, gift, or transfer of stock or change of partners or assignment of any interest on the part of the bidder during the term of the agreement is subject to the approval of the City Council of said action. Violation of this requirement is a breach of the agreement. L. Bankruptcy If the CONTRACTOR shall at any time during the terms of this agreement become insolvent, or if proceedings in bankruptcy shall be instituted by or against the CONTRACTOR, or if the CONTRACTOR shall be adjudged bankrupt or insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of any property of the CONTRACTOR shall be appointed in any suit or proceeding brought by or against the CONTRACTOR, or if creditors, then and in each and every such case, this shall immediately cease, determine, and be forfeited and canceled without notice and without suit or other proceeding. 32 M. Cancellation of Agreement The City Council reserves the right to cancel this agreement at any time during its term, and shall notify the CONTRACTOR, in writing, 30 days prior to cancellation. 4.2.4 FINAL DECISION The CONTRACTOR shall at all times comply immediately with any and all demands made by the Director of Public Works. In the event of controversy between the Director of Public Works and the CONTRACTOR, the CONTRACTOR agrees to abide by the decision of the City Manager whose decision shall be final as to all matters in dispute. 4.2.5 CONTROL OF WORK Within the scope of the agreement, the Director of Public Works has the authority to enforce compliance with the schedule and specifications. The CONTRACTOR shall promptly comply with instructions from the Director of Public Works. On all questions relating to quantities, the acceptability of material, equipment, or work, the execution, progress or sequence of work and the interpretation of specifications, the decision of the Public Works Department is final, binding and shall be precedent to any payment under the agreement, unless otherwise ordered by the City Council. All work and materials are subject to inspection and approval of the Public Works Department. The CONTRACTOR shall provide every reasonable facility for ascertaining that the workmanship is in accordance with these specifications. Inspection of the work shall not relieve the CONTRACTOR of the obligation to fulfill all conditions of the agreement. 4.2.6 PERSONNEL No employee of the CONTRACTOR shall continue to be so employed on any work under these specifications that is found to be intemperate and troublesome, disorderly, inefficient, or otherwise objectionable as determined by the Director of Public Works. Employees operating vehicles shall possess a valid California Drivers License and be eighteen (18) years of age or older. 4.2.7 PERMITS AND LICENSES The CONTRACTOR shall obtain all permits and licenses required by the City (including City Business License), County and State. 33 PART 4 SECTION 3 LEGAL REQUIREMENTS AND RESPONSIBILITIES 4.3.1 LAWS TO BE OBSERVED The CONTRACTOR shall keep himself fully informed of all existing and future State and/or Federal laws, all municipal ordinances and/or regulations of the City and of all such orders and/or decrees of bodies or tribunals having jurisdiction or authority over the work. CONTRACTOR shall comply with all such laws, ordinances and orders, which in any manner affect those, engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work. 4.3.2 SAFETY AND ACCIDENT PREVENTION In accordance with generally accepted safety practice, the CONTRACTOR will be solely and completely responsible for conditions of the job site, including safety of all persons and property during the performance of the work. This requirement will apply continuously and not be limited to normal working hours. 4.3.3 HOURS OF LABOR Eight hours constitutes a legal day’s work. The CONTRACTOR shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for each worker employed in the execution of the agreement by the CONTRACTOR or any subcontractor under him/her for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of the Labor Code and in particular Sections 1810 and 1815 thereof, inclusive. Except, work performed by employees of CONTRACTOR in excess of eight hours per day and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay, as provided in Section 1815 of the Labor Code. 4.3.4 LABOR DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race, religious creed, color, ancestry or national origin, physical handicap, medical condition, marital status, or sex of such person. 4.3.5 PERMITS AND LICENSES The CONTRACTOR shall procure all required permits and licenses, (i.e., City Business License and pay all charges or fees). The CONTRACTOR is required to possess all valid licenses as required. 34 4.3.6 PUBLIC CONVENIENCE AND SAFETY The CONTRACTOR shall provide all notices necessary or incidental to the due and lawful prosecution of the work. The CONTRACTOR shall also conduct his/her operations as to cause the least possible obstruction and inconvenience to vehicle and pedestrian traffic at the highest level of safety. 4.3.7 PATENTS The CONTRACTOR shall assume all responsibilities arising from the use of patented material, equipment, devices, or processes used on or incorporated in the work. 4.3.8 RESPONSIBILITY FOR DAMAGE The City, its officers, employees, agents, the City Council and the Director of Public Works shall not be responsible or accountable in any manner for any loss or damage that may happen due to the work or any part of the work thereof. This loss or damage includes any material or equipment used in performing the work, any injury to a person or persons (either workmen or the public) and any damage to adjoining or other property from whatever cause. The CONTRACTOR shall defend, indemnify and save harmless the City, its officers, employees, agents, the City Council, and the Director of Public Works from any suits, claims, or actions brought by any person or persons for or on account of any injuries or damages sustained or arising in the performance of the work or in consequence thereof. The City may retain such money due the CONTRACTOR, as it shall consider necessary until disposition has been made of such suit or claim for damages as aforesaid. 4.3.9 RECOVERY OF ATTORNEY'S FEES Should action be instituted to enforce any of the terms and provisions of the agreement, the prevailing party in such action shall be entitled to recover such reasonable attorney fees as may be affixed by the Court. 35 PART 4 SECTION 4 PROSECUTION AND PROGRESS OF THE WORK 4.4.1 SUBLETTING AND ASSIGNMENT The CONTRACTOR shall give his/her personal attention to the fulfillment of the agreement and shall keep the work under his/her control. The CONTRACTOR shall not assign or otherwise dispose of this agreement or its right; title or interest therein to any person without prior written consent by the City. Subcontractors will not be recognized as such without prior written consent of the City. All persons engaged in the work will be considered as employees of the CONTRACTOR without this written consent and their work will be subject to the provisions of this agreement and its specifications. 4.4.2 TERMS OF AGREEMENT This agreement is anticipated to begin on April 1, 2015. This agreement shall automatically be extended at the end of this agreement on a month-by-month basis on the same terms and conditions until the canceling party gives the other party thirty (30) days advanced written notice of its desire to terminate the Agreement. In any event, this Agreement will expire on March 31, 2018 at midnight. The agreement may be renegotiated at that time for up to (3) three additional years. That renegotiated agreement will be based upon the satisfactory evaluation of the CONTRACTOR’s performance and the agreement of both parties. 4.4.3 PROGRESS OF THE WORK AND TIME FOR COMPLETION The CONTRACTOR shall begin work no later that the date set within the notice to proceed and shall diligently prosecute the agreement from said date to the expiration of the agreement. 4.4.4 SUSPENSION OF AGREEMENT If at any time in the opinion of the City, the CONTRACTOR has failed to supply adequate working force, or equipment of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the agreement, notice thereof in writing will be served upon him/her. Should he/she neglect or refuse to provide means for a satisfactory compliance with the agreement, as directed by the Director of Public Works, within the time specified in such notice, the City Council in such case shall have the power to terminate the agreement. 36 4.4.5 CITY OBSERVED HOLIDAYS /WORK RESPONSIBILITIES Holiday Month Observed Independence Day July Labor Day September Veteran’s Day November Thanksgiving Day November Christmas Day December New Year’s Day January Martin Luther King Day January President's Day February Memorial Day May 37 PART 4 SECTION 5 METHOD OF PAYMENT 4.5.1 PAYMENT Based on written evidence submitted by the CONTRACTOR or on other satisfactory evidence to the City, The Director of Public Works shall recommend to the City Council monthly payment for services rendered. The amount of the monthly payment will be based on the amounts shown within the proposal to the City Council. No payment will be made until the CONTRACTOR has submitted a monthly statement requesting payment and submitted other reports as required. 4.5.2 SUSPENSION OF PAYMENT If after written notice to the CONTRACTOR of any deficiencies in his/her work, or of failure to comply with the agreement provisions, or failure to comply with the schedule, the Director of Public Works shall recommend that all or a portion of payments due or to become due under the agreement shall be suspended until the CONTRACTOR corrects any such deficiency. The City may suspend said payment until such deficiencies are corrected. 4.5.3 RETENTION No retention shall be withheld. Payment or partial payment shall be withheld when there is an error or discrepancy in the invoice until said error or discrepancy is corrected. 4.5.4 PAYROLL RECORDS Payroll records are not normally required to be submitted. The CONTRACTOR shall provide payroll records only if required. 4.5.5 FORMAT OF INVOICE The monthly statement (invoice) submitted by the CONTRACTOR shall include the following minimum information: A. City Purchase Order Number and Issue Date B. The CONTRACTOR's Mailing Address C. The Monthly Cost D. CONTRACTOR shall submit the original and one duplicate invoice 4.5.6 TIME SHEETS CONTRACTOR shall keep records of time that his/her personnel spend on the agreement. When requested, the CONTRACTOR shall furnish the City those records of man-hours by task and location. This request for additional information should only occur on an infrequent basis. An example is when there is an opportunity for State or Federal reimbursement to the City as a result of storm damage or some other type of emergency. 38 PART 5 SECTION 1 SCOPE OF WORK 5.1.1 GENERAL Contractor will furnish all labor, materials, equipment and incidentals necessary to maintain 86 City catch basins, 79 County catch basins, 13 City owned infiltration boxes as follows: A Maintain 2 City-owned catch basins & filters 4 times a year B Maintain 80 City-owned catch basins & filters 3 times a year C Maintain 4 City-owned catch basins & filters 2 times a year D Maintain 11 County-owned catch basins & filters 3 times a year E Maintain 68 County-owned catch basins & filters 2 times a year F Maintain 13 City-owned Infiltration Boxes 2 times per year In addition, in accordance with Part IV.D.9.h.iii of the MS4 Permit (Order R4-2012-0175)1, Contractor will ensure that any catch basin that is determined to be at least 25% full of trash will be cleaned out promptly. Contractor shall take photos documenting the before and after conditions of all catch basin and infiltration debris removal (including solids, organic matter and other miscellaneous items). Infiltration boxes/soft-bottom catch basins should be cleared of sediments by the Contractor to maintain design infiltration rates. The contractor shall take a date-stamped picture of the cleaned catch basin and infiltration box and replace catch basin grate. Contractor shall identify catch basins and infiltration boxes that cannot be cleaned due to accessibility or maintenance issues; the Public Works Superintendent shall be informed of such locations on the same day and may request that it be cleaned at a later date. Contractor shall clean and report evidence of rodents and/or vectors breeding/living in the City owned catch basins within 24 hours of discovering the problem. Within two weeks of the debris removal, the contractor shall provide a list of the catch basins and infiltration boxes cleaned and shall submit the list to the Public Works Superintendent and will include the date next to each catch basin indicating when it was cleaned. The report will also include the items in Section 5.1.8, Cleaning Reports Required. Picture documentation of cleaned catch basins shall be submitted to the Public Works Superintendent on a USB 2.0 compatible data storage device with Cleaning Report. Picture files shall be in JPEG format and named with their respective ID number as shown in the Items of Work, Section 5.4. Picture files shall be organized in folders by date which the catch basin or infiltration box was cleaned. All photos shall be at least 4 megapixel (MP) in quality. Maintenance of catch basins and infiltration boxes includes cleaning, clearing debris, and minor repair. Minor repair as used within this specification shall mean adjustments to Automatic Retractable Screens (ARS) units to allow for proper operation. Minor maintenance shall include repairs to the catch basin 1 Order No. R4-2012-0175 NPDES Permit No. CAS004001 Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, except those Discharges Originating from the City of Long Beach MS4. 39 screens that may result during the cleaning of the catch basin. Minor maintenance does not include the replacement of bent or damaged parts caused by vandalism or accident. If the work required to restore the ARS to proper operation exceeds minor repair the Contractor shall schedule a meeting with the Public Works Superintendent to confirm the extent of the damages. The Contractor shall not replace damaged ARS units when the work exceeds the definition of minor work as contained above unless the Contractor obtains written authorization from the Public Works Superintendent to perform the repairs or replace the ARS . For Los Angeles County-owned catch basins that have been retrofit with Automatic Retractable Screens (ARS) and/or Connector Pipe Screens (CDS), Contractor shall maintain these catch basins consistent with the attached sample Maintenance Agreement between the City and the County of Los Angeles in Part 5, Section 6. 5.1.2 REGULATORY COMPLIANCE All work by the Contractor shall be carried out in a manner consistent with the Federal Clean Water Act, California Porter Cologne Act, the MS4 Permit and City of Hermosa Beach Storm Water Management and Pollution Control Ordinance as found in Chapter 8.44 of the City of Hermosa Beach Municipal Code. 5.1.2 CLEAN STORM DRAIN FILTRATION LINERS/CATCH BASIN/INVENTORY Inventory and provide the City with a list of all the filters and trash screens after the first cleaning. Contractor shall clean, remove and legally dispose of all sediment and debris from the catch basins and filtration liners. Contractor shall ensure that all material removed from the catch basin and/or municipal separate storm sewer system (MS4) does not re-enter the MS42. Any discharge that would result in or contribute to a violation of the Municipal NPDES Permit, either separately or in combination with other discharges, is prohibited. The sediment and debris collected shall be transported by the Contractor to an accumulation site designated by the City and placed into a covered container that meets state and federal storage and shipping requirements. If necessary, solid material shall be dewatered in a contained area and liquid material shall be self-contained and hauled off for legal disposal. Additional disposal details are discussed in Section 5.1.7 below. In accordance with the MS4 Permit (Part IV.D.9.e), Contractor shall implement and maintain those activity- specific BMPs listed in Table 18 of the MS4 Permit that are specific to storm drain operation and maintenance. Detailed descriptions of the activity-specific BMPs are available from the California Stormwater Quality Association Municipal BMP Handbook at: https://www.casqa.org/resources/bmp- handbooks/municipal-bmp-handbook. 5.1.3 REPLACEMENT/REINSTALLATION OF FILTERS The contractor will replace filters as needed and agreed to by the City. The filters will be replaced with the existing type, storm drain liners. 5.1.4 HAZARDOUS WASTE HANDLING Contractor shall comply with all federal, state and local agency requirements for disposal of hazardous waste material. Contractor must have a valid, current applicable license for the type of work specified, for the duration of the contract. Contractor shall maintain a Hazardous Waste Hauler’s registration for the removal of hazardous waste. All hauling vehicles must meet current U.S. Department of Transportation standards. Contractor must also 2 Municipal Separate Storm Sewer System" or "MS4" means a conveyance or system of conveyances (consisting of roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains as defined in Order No. R4-2012-0175 and the Clean Water Act. 40 have a U.S. Environmental Protection Agency Identification Number. The registered hauler shall conform to all federal, state and local regulations pertaining to lawful management and hauling of hazardous wastes to a licensed disposal site or treatment facility licensed by CAL-EPA, Department of Toxic Substances Control. In addition, contractor must have proper licenses and permits to haul and handle hazardous material or wastes. Contractor must obtain permits for Transportable Treatment Units (TTU) and National Pollution Discharge Elimination Systems (NPDES) to manage storm water waste and provide for drain cleaning operations. 5.1.5 INSPECTION The City or its representative shall, at all times, have safe access to the work and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of these special provisions. All work done and all materials furnished shall be subject to inspection. The inspection of the work shall not relieve the contractor of any obligations to fulfill this contract as prescribed. Work not meeting such requirements shall be made good and unsuitable work may be rejected. 5.1.6 SAMPLING, ANALYSIS AND CLASSIFICATION OF WASTE The materials removed during the operations may contain heavy metals and hydrocarbons (meeting HazWaste levels both RCRA, NON-RCRA) and require analytical sampling for proper disposition as required for handling, storage and disposal practices. Sampling and analysis of storm water waste is required. The samples of the sediments shall be consolidated and a representative of the material being discharged from the property shall be submitted for analysis. Lab sample charges will include labor, personnel, transportation, materials and tools required to gather the samples from waste bins and/or drums, plus the cost of required laboratory analysis. Basic lab analysis will include total metal (Title 22 TTLC, CAM 17 Metals) and TPH (Purgeables and extractable by DHS/LUFT Method 8015 modified gasoline, diesel and motor oil). This cost shall be included in the price for lab work and no additional compensation will be allowed. Lab analysis reports will be forwarded to the contract manager for review and waste stream determination. Any of the CAM 17 metals (TTLC’s), which exceed ten times the STLC, will require that the STLC test be performed. Any metal failing the STLC will have the TCLP additional lab sample change performed in order to determine its proper waste classification. 5.1.7 TRANSPORTATION AND DISPOSAL Transportation and disposal includes all equipment, labor, personnel and materials associated with the proper disposal of waste materials at an approved Transfer Storage and Disposal Facility (TSDF) designated by the contractor as part of the unit bid amount. TSDF charges for disposal, county taxes and service charges will also be included in the cost per unit price. Bulk material storage will be covered in roll- off bins meeting DOT requirements. All bins shall be free of leaks and in good repair. Given the nature of this project, particularly the uncertainty as to the state and amount of the waste material involved, this project is bid on the rates stated in this bid price form. Although estimated quantities are shown, the contractor will bill the City for actual quantities to complete this project at unit rates shown. Contractor will establish waste stream profiles with TSDF designated by the City for waste acceptance and to streamline operations. For bidding clarification in the transportation and disposal of collected material:  All material that is analyzed as being non-hazardous shall be disposed of in the existing Hermosa Beach City Yard Street Sweeping Containers. The cost of handling this material is part of the unit price of Item 1 on the Bid Price Form with no additional cost to the City. 41  All other costs for transporting and disposing of all non-RCRA and RCRA material shall be listed on the Bid Price Forms. 5.1.8 CLEANING REPORTS REQUIRED Drain cleaning and inspection reports will be provided to the City two weeks after completion of each project. The report will include an easy to read spreadsheet. The following items will be present on the spreadsheet: • Date of the operations • Location of drop inlets • Status of drop inlets (open/plugged) • Number of drop inlets cleaned that day, amount of material removed • Roll-off bin number(s) in which the material was placed • Manifest number(s) • Disposal date, disposal weight, disposal facility • Hazard class (non-hazardous, non-RCRA, RCRA, bio hazardous) • Weight of all material collected The reports will include all supporting documentation, copy of the waste manifest and all analytical results from waste roll-off bins. All reports, charts and graphs shall be considered as a component of the contract unit price and no separate or additional compensation will be allowed. 5.1.9 SCHEDULED CLEANING Contractor will schedule the cleaning and inspection of the City’s drainage facilities that is most effective for the City and efficient for operation. The Contractor shall inspect, clear all debris, and perform any required minor repairs to City-owned catch basins a minimum of one time between May 1 and September 30 of each year. All other required cleaning (for both City-owned and County-owned catch basins) and inspections will be performed between October 1 and April 30 of each year. Normally, operations including, but not limited to, the cleaning of drain liners, catch basins, testing, transport and disposal will generally be performed during normal working hours unless a change is requested by the City. Contractor’s workdays and hours are flexible to meet the operational needs of the City. There is a three (3)-drain minimum cleaning charge. 5.1.10 NON-SCHEDULED CLEANING Contractor shall be capable of committing all labor, equipment and resources to this operation on an on-call emergency notice basis. These flexible hours and work shifts will be considered emergency work for the contractor and will constitute the premium payment of a minimum of ten (10) drain cleanings charged per emergency visit. 5.1.11 CONFINED SPACE ISSUES AND SAFETY ISSUES Drop inlet structures meet CAL-OSHA criteria for confined space operations. All cleaning operations will follow confined space entry and work requirements as defined under General Industrial Safety Orders Section 5156-5158, Article 108 of California Code of Regulations, Title 8 and Construction Order 1532 when performing site cleaning and inspections of these structures. All work shall be conducted from above ground. Manhole entry, if required, shall be conducted in strict accordance with permit required confined space entry regulations. These regulations include, at a minimum: entry permit, trained authorized entrants(s), attendant(s), entry supervisor(s), full body harness (with life line), mechanical retrieval device, continued forced air ventilation, continuous air monitoring, 42 communication system (minimum two types) and all other protective equipment that may be required. Work shall be conducted in accordance with all Federal, State and local laws and regulations. The local fire department may be able to offer services for confined space rescue. Contractor shall make any and all arrangements necessary. 5.1.12 TRAFFIC CONTROL All traffic control shall be in accordance with the latest edition of the Work Area Traffic Control Handbook (WATCH) and City regulations and based on the speed limits posted in the work zones. Flagmen may be required in some locations. Additional local regulations shall have precedence. Contractor shall apply for all traffic control permits and pay all fees and permits for said permits with Caltrans when working on Pacific Coast Highway. Safe and adequate pedestrian and vehicular access shall be provided in accordance with Section 7-10 of the Standard Specifications for Public Works Construction, 2007 Edition. Note: Inadequate or improper signage and delineation for traffic control may be cause for the cancellation of the contract. 5.1.13 OFFICE FOR INQUIRES AND COMPLAINTS The Contractor shall maintain an office at some fixed place and shall maintain telephone therein, listed in the telephone directory in his/her own name or in the file name by which he/she is commonly known, and shall at all time during the hours between 8:00 AM and 5:00 PM of each working day have a full-time employee at said office for the answering of inquiries and for receiving complaints from the Director of Public Works. The Contractor shall maintain a written log of all complaints, the date thereof, and the action taken pursuant thereto or the reason for non- action. Such a log of complaints shall be open to the inspection of the Director of Public Works. The Contractor shall make every reasonable effort to respond to complaints on the same day they are received and shall report to the Director of Public Works within twenty-four (24) hours as to the action taken concerning each complaint. 5.1.14 PUBLIC RELATIONS Contractor is required to have radio-equipped or telephone equipped vehicles and a supervisor available by telephone on a 24-hour basis who is assigned to provide direction and prompt attention to requests from the City for emergency service. (Response shall be within one hour after request is received.) Contractor shall, in person or through his/her agent, investigate any complaint, which may concern, or be involved in, the performance of the contract. Contractor shall report to the Director of Public Works, or the designee, the following working day as to the action taken with reference to the complaint and, when necessary, complete the Service Request, which will remain on file at City Hall. Complaints received before noon shall be answered the same day; complaints received after noon shall be answered the following day. 5.1.15 WORKING TIME LIMITS The normal working hours are Monday – Friday, 8:00 AM to 4:00 PM. 43 5.1.16 DAMAGES The Contractor shall report without delay any damage to City equipment, City property or private property. The Contractor shall be liable for damages caused by his/her actions. Any repairs and associated costs resulting from Contractor caused damage shall be the responsibility of the Contractor. 44 PART 5 SECTION 2 PERSONNEL, SUPERVISION AND TRAINING 5.2.1 PERSONNEL REQUIREMENTS The Contractor shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this contract. On an annual basis, Contractor shall certify that Contractor's field staff conducting work for the City of Hermosa Beach has received all applicable training required in the MS4 Permit, including training consistent with Part IV.D.9.k of the MS4 Permit and training in Illicit Connection and Illicit Discharge identification and reporting consistent with Part IV.D.10.f of the MS4 Permit. Documentation of this training shall be provided to the City on an annual basis including: name and position of each staff person trained, date of training and content of training. 5.2.2 CONTRACTOR’S EMPLOYEE PERFORMANCE The Contractor agrees to require his/her employees to present a neat appearance at all times while engaged in the performance of their duties. The employees shall also maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the City, the Contractor, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory employee. 5.2.3 CONTRACTOR’S EMPLOYEE ATTIRE The Contractor shall require each of his/her employees to adhere to a basic standard of working attire. This standard is a clean uniform with the Contractor's company name or insignia clearly visible, proper shoes, other gear as required by State Safety Regulations and proper wearing of the clothing. Shirts shall be worn at all times, buttoned and tucked in. 5.2.5 KNOWLEDGE & ABILITIES OF CONTRACTOR’S EMPLOYEES Employees must be able to use and maintain various tools, ability to perform heavy manual labor and the ability to follow oral and written instructions. 5.2.4 TYPICAL TASKS OF CONTRACTOR’S EMPLOYEES The Contractor shall supply employees with the skills to perform various semi-skilled duties in connection with cleaning and video taping sanitary sewers. Employees must be able to use and maintain various tools, ability to perform heavy manual labor, ability to follow oral and written instructions. 5.2.6 SPECIAL ACTIVITY REQUIREMENTS Additional employees shall be supplied by the Contractor if so requested by the Director of Public Works. Any additional employees will be paid at a rate equal to the wage rate and mark up as shown on the form titled "Contractor's Hourly Rate". 5.2.7 DRAIN CLEANING PERSONNEL Contractor shall provide all safety equipment, materials and training as required. Contractor’s employees are required to have class C driver’s licenses with Hazardous Materials Endorsements. Technicians will not be allowed into the field without a minimum of forty (40) hours of 45 Handling Hazardous Materials 20 CFR 1910.120 health and safety training. This program shall educate the employee with the identification, evaluation and control of safety, physical and health hazards associated with the handling of Hazardous Materials. Contractor’s supervisors and technicians shall be trained and certified in CPR, first aid, confined space entry training and permit training. All supervisors and technicians utilized shall receive 18 hours of Traffic Control Training related to State of California Department of Transportation, IIPP Chapter 8. Contractor shall have the capability of furnishing confined space trained personnel and equipment to perform safe entry and egress/escape as defined by CAL-OSHA Regulations stated in Article 108 of the General Industrial Safety Construction Safety Orders Section 1532. This shall include air-monitoring equipment capable of detecting oxygen efficiencies, explosive atmosphere, combustible gases, hydrogen sulfide gas and carbon monoxide. Entry and egress apparatus such as tripod man-lift, harnesses and positive forced air shall be utilized as required by law. Failure to follow proper safety procedures and/or utilize required safety apparatus would constitute non-compliance and result in suspension of contract payment. 5.2.8 LEVEL OF SUPERVISION The Contractor shall provide adequate supervision as to furnish proper surveillance of workmanship and adherence to the schedule by the employees performing the work. The field supervisor or his/her representative shall check with the Department of Public Works weekly as to (1) schedule of work, (2) complaints and (3) adequacy of performance. The Contractor shall submit such reports as the City may require insuring compliance with scheduled work. The Supervisor shall be in the City at least 20% of the time while work is in progress. The Contractor shall be penalized Two Hundred and Fifty Dollars ($250) per week for failing to have a supervisor in the City at least seven hours per week. 5.2.9 APPROVAL OF SUPERVISOR The Supervisor shall be someone other than the labor type of employee provided in this contract. The Contractor shall provide in writing to the City (before starting work under this contract) the name of the Field Supervisor. After approval of the Field Supervisor, the Contractor may substitute another individual provided the Contractor makes a written request to the City and said request is approved. The Supervisor should have at least five years practical experience in supervision. 5.2.10 INCLEMENT WEATHER During inclement weather, the Contractor shall contact the City for the determination of non-operation conditions. 46 PART 5 SECTION 3 EQUIPMENT AND MATERIALS 5.3.1 EQUIPMENT Contractor shall furnish all equipment necessary for the satisfactory performance of the work set forth in this contract. 5.3.2 VEHICLES Contractor shall display the firm name on any vehicles used by the Contractor’s employees to carry supplies and equipment. The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet. 5.3.3 EQUIPMENT MAINTENANCE All equipment used by the Contractor shall be kept in a neat and clean appearance. The equipment shall also be kept in top mechanical condition and properly adjusted, both from an operational standpoint and from a safety standpoint as in Ordinance 94-1113. Contractor shall be responsible for providing storage for his/her equipment. 5.3.4 SAFETY LIGHTS All vehicles shall be equipped with an operational rotating amber light when parked or used on public streets. 5.3.5 EQUIPMENT NOISE City noise level requirements shall apply to all equipment on the project or related to the project including but not limited to trucks, or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be voided in favor of light warnings except those required by safety laws for the protection of the public or Contractor's personnel. 5.3.6 AIR POLLUTION Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the contract and shall not discharge smoke, dust or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 5.3.7 MATERIALS TO BE PROVIDED BY CONTRACTOR Contractor at his/her own cost and expense shall furnish all necessary materials, and tools supplies of good quality and in the amounts necessary to fulfill this contract and to accomplish an acceptable and professional level of cleaning. 47 PART 5 SECTION 4 ITEMS OF WORK City Owned Catch Basins: Location Ownership Cleaned By Priority 13th Ct and Beach Dr, in street City City A N/W corner of 22nd St and Hermosa Ave City City A N/E corner of Lyndon St and Hermosa Ave City City B N/E corner of 13th St and Beach Dr City City B S/E corner of 14th St and Beach Dr City City B N/W corner of 14th St and Beach Dr City City B S/W corner of 14th St and Beach Dr City City B N/W corner of 17th Ct and Beach Dr City City B East side of 18th St and Hermosa Ave City City B West side of 18th St and Hermosa Ave City City B S/W corner of Pier Ave and Palm Dr City City B S/E corner of Manhattan Ave and Pier Ave City City B N/E corner of Palm Dr and Pier Ave City City B N/W corner of Manhattan Ave and Pier Ave City City B N/E corner of Manhattan Ave and Pier Ave #1 City City B N/E corner of Manhattan Ave and Pier Ave #2 City City B S/W corner of Bayview Dr and Pier Ave City City B S/W corner of Monterey Blvd and Pier Ave City City B N/E corner of Bayview Dr and Pier Ave City City B S/E corner of Monterey Blvd and Pier Ave City City B N/W corner of Palm Dr and Pier Ave City City B S/W corner of Manhattan Ave and Pier Ave City City B 29th Ct, 400 Block, South side City City B N/E corner of 22nd St and Beach Dr City City B N/W corner of 2nd St and Valley Dr City County B S/E corner #2, 35th St and Hermosa Ave City City B N/W corner of 35th St and Hermosa Ave City City B N/E corner of 35th St and Hermosa Ave City City B S/E corner of 8th St and Manhattan Ave #1 City City B S/E corner of 8th St and Manhattan Ave #2 City City B N/E corner of 8th St and Manhattan Ave City City B N/E Corner of 8th St and Monterey Blvd #1 City City B N/E Corner of 8th St and Monterey Blvd #2 City City B S/E Corner of 8th St and Monterey Blvd City City B N/W corner of 18th St and Beach Dr City City B N/E coner of 20th St and Beach Dr City City B S/W corner of Lyndon St and Hermosa Ave City City B S/E orner of 15th St and Beach Dr City City B S/E corner of 15th Ct, east of Noble Park City City B N/W corner of 1712 Beach Dr City City B S/W corner of 1712 Beach Dr City City B N/E corner of 18th St and Beach Dr City City B S/E corner of 18th St and Beach Dr City City B 18th St and Beach Dr, Wast side City City B 18th St and Beach Dr, East side City City B 48 Location Ownership Cleaned By Priority N/E corner of 19th St and Beach Dr City City B S/W coner of 20th St and Beach Dr City City B N/W curb pipe inlet, 22nd St and Beach Dr City City B North side in street, 22nd St and Beach Dr City City B 23rd St and Beach Dr, in street City City B N/W corner of 24th St and Hermosa Ave City City B N/W corner of 35th St and Hermosa Ave, Cleanout box #3 City City B S/E corner of 35th St and Hermosa Ave City City B S/E corner of 35th St and Hermosa Ave City City B 28th St, 400 block, North side, East side City City B 28th St, 400 block, North side, Wast side City City B S/E corner of 35th St and Manhattan Ave City City B S/E corner of 11th St and Valley Dr City City B Palm Dr, 500 Block, West side City City B Palm Dr, 600 Block, North unit City City B Palm Dr, 600 Block, Middle unit City City B Palm Dr, 600 Block, South unit City City B Bayview, 700 Block, East side City City B Bayview Dr, 700 Block, West side City City B Bayview Dr, 1700 Block, North unit City City B Bayview Dr, 1700 Block, Middle unit City City B Bayview Dr, 1700 Block, South unit City City B 400 Block of 2nd St, North end City City B W side of Valley Dr, outside basketball courts City City B S/W Corner of 8th St and Monterey Blvd City City B 800 Block of Palm Dr City City B 500 Block of Cypress Ave on East side City City B N/E corner of 6th St and Cypress Ave City City B S/E corner of 6th St and Cypress Ave City City B Pier Plaza, in street #2 City - inlet B Pier Plaza, in street #3 City - inlet B Pier Plaza, in street #4 City - inlet B Pier Plaza, in street #5 City - inlet B N/W corner of 19th St and Beach Dr City - inlet City B 14th Ct in street City - inlet City B East side, 14th St and Manhattan Ave City - inlet City B East side, 14th St and Manhattan Ave City - inlet City B 1800 Block of Rhodes St above 18th St, East side City City C 1800 Block of Rhodes St above 18th St, West side City City C 1800 Block of Hillcrest Dr above 18th St, West side City City C 1800 Block of Hillcrest Dr above 18th St, East side City City C 49 County Owned Catch Basins: Location Ownership Cleaned By Priority S/W corner of Pier Ave and Hermosa Ave County County B Pier Ave and Hermosa Ave, S/E corner unit #1 County County B Pier Ave and Hermosa Ave, S/E corner unit #2 County County B Pier Ave and Hermosa Ave, N/E corner unit #1 County County B Pier Ave and Hermosa Ave, N/E corner unit #3 County County B N/W corner of Pier Ave and Hermosa Ave County County B Pier Ave and Hermosa Ave, N/E corner unit #2 County County B Pier Ave and Hermosa Ave, S/E corner unit #3 County County B S/E corner of Aviation Blvd and Pacific Coast Hwy County County B 11th Ct and Beach Dr County - inlet County B 11th St and Beach Dr County - inlet B Lyndon and Hermosa Ave County County C Lyndon+ Hermosa County County C S/E corner of Lyndon St and Hermosa Ave County County C N/E corner of 1st St and Hermosa Ave #1 County County C West Corner of Herondo and Hermosa County County C S/E corner of 6th St and Hermosa Ave #2 County County C S/W corner of 6th St and Hermosa County County C S/E corner of 8th St and Hermosa County County C N/E corner 2nd St and Hermosa County County C N/W corner of 2nd St and Hermosa County County C S/W corner of 2nd St and Hermosa County County C S/E corner of 2nd St and Hermosa County County C N/E corner of 6th St and Hermosa #2 County County C 6th Ct and Beach Dr County County C N/W corner of 14th St & Hermosa Ave County County C N/E corner of 14th St & Hermosa Ave #1 County County C S/E corner of 14th St & Hermosa Ave County County C S/E corner of 16th St & Hermosa Ave #1 County County C S/E corner of 16th St & Hermosa Ave #2 County County C N/E corner of 14th St & Hermosa Ave #2 County County C N/W corner of 15th St & Hermosa Ave County County C S/W corner of 16th St and Beach Dr County County C S/W corner of Ardmore Ave & Pier Ave County County C West side of Greenwich Village and Hermosa Ave County County C East side of Greenwich Village and Hermosa Ave County County C N/W corner of Valley Dr and Pier Ave County County C S/W corner of Valley Dr and Pier Ave County County C N/E corner of 27th St and Hermosa Ave #2 County County C N/E corne of Greenwich Village and Hermosa Ave County County C N/W corner of 26th St and Hermosa Ave County County C S/W corner of 2nd St and Valley Dr County County C N/E corner of 8th St and Hermosa Ave County County C N/W corner of Herondo St and Valley Dr County County C N/E corner of Herondo St and Monterey Blvd County County C N/E corner of 1st St and Hermosa Ave #2 County County C S/E corner of 1st St and Hermosa Ave County County C S/W corner of 8th St and Palm Dr County County C 50 Location Ownership Cleaned By Priority N/E corner of Valley Dr and Herondo St County County C N/W corner of 8th St and Manhattan Ave County County C North side of 8th St between Hermosa Ave and Palm Dr County County C N/E corner of 6th St and Hermosa #1 County County C S/E corner of 6th St and Hermosa Ave #1 County County C S/E corner of Pier Ave and Ardmore Ave County County C N/W corner of Pier Ave and Ardmore Ave County County C N/E corner of Pier Ave and Ardmore Ave County County C S/W corner of 19th St and Hermosa Ave County County C S/E corner of 19th St and Hermosa Ave County County C N/E corner of 26th St and Hermosa Ave/Greenwich Village County County C S/E corner of 26th St and Hermosa Ave/Greenwich Village County County C N/E corner of 27th St and Hermosa Ave #1 County County C N/W corner of 27th St and Hermosa Ave County County C N/E corner of 28th St and Hermosa Ave #1 County County C N/E corner of 28th St and Hermosa Ave #2 County County C S/E corner of 28th St and Hermosa Ave County County C N/E corner of Neptune and The Strand County County C S/E corner of Neptune and The Strand County County C 6th St nd Beach Dr County - inlet County C 7th St and Beach Dr County - inlet C 8th Ct and Beach Dr County - inlet C 8th St and Beach Dr, Unit #1 County - inlet C 8th St and Beach Dr, Unit #2 County - inlet C 9th Ct and Beach Dr County - inlet C 10th St and Beach Dr, Unit #2 County - inlet County C 11th St and Beach Dr Unit #1 County - inlet C Pier Plaza, in street #1 County - inlet C 10th St and Beach Dr, Unit #1 County- inlet County C West side of Valley Dr by Valley School driveway County County C West side of Valley Dr along Valley School Parking Lot County County C 51 Infiltration Boxes: Number Location 1 S/E corner of 29th St and Hermosa Ave 2 S/E corner of 30th St and Hermosa Ave 3 N/E corner of 30th St and Hermosa Ave 4 N/E corner of 31st St and Hermosa Ave 5 N/E corner of Longfellow Ave and Hermosa Ave 6 S/E corner of 33rd St and Hermosa Ave 7 S/E corner of 34th St and Hermosa Ave 8 3233 Hermosa Ave/ 3233 The Strand 9 3323 Hermosa Ave/ 3323 The Strand 10 3207 Hermosa Ave/ 3207 The Strand 11 200 29th St 12 851 Cypress Ave 13 446 4th St 52 PART 5, SECTION 5- Map 53 AGREEMENT This AGREEMENT, is entered into on __________, 201_, by and between the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic (hereinafter referred to as the LACFCD), and the <<CITY OF >> a municipal corporation (hereinafter referred to as CITY). RECITALS WHEREAS, California Regional Water Quality Control Board, Los Angeles Region, has promulgated water- quality regulations, including a Total Maximum Daily Load for Trash (Trash TMDL) for Machado Lake, applicable to cities located in the Machado Lake Watershed; and WHEREAS, CITY desires to achieve compliance with the Trash TMDL by installing TRASH EXCLUDERS (as hereafter defined) within catch basins owned by the LACFCD, located within CITY streets; and WHEREAS, CITY will administer the procurement and installation of said TRASH EXCLUDERS; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the LACFCD and CITY hereto mutually agree as follows: (1) DEFINITION: a. TRASH EXCLUDER, as referred to in this AGREEMENT, shall mean any device, which partially blocks the opening or outlet of a catch basin to prevent trash from entering the storm drain system, including Automatic Retractable Screen devices (ARS) and Connector Pipe Screen devices, installed by CITY at the opening of or inside any catch basin owned by the LACFCD. Exhibit A identifies location of TRASH EXCLUDERS within CITY. b. STORM SEASON, as referred to in this AGREEMENT, shall mean the period beginning October 1 and ending April 30 of each year. c. MAJOR STORM EVENT, as referred to in this AGREEMENT, shall mean a storm with an intensity of 1 inch or more of rainfall per 12 hours, occurring within CITY. Countywide, an average storm season produces 4 major storm events. d. DRY SEASON, as referred to in this AGREEMENT, shall mean the period beginning May 1 and ending September 30 of each year. (2) CITY AGREES AS FOLLOWS: a. CITY shall provide Exhibit A identifying locations of TRASH EXCLUDERS. b. CITY shall inspect all catch basins fitted with TRASH EXCLUDERS. If, during an inspection, CITY discovers damage to any catch basin other than damage to the TRASH EXCLUDER, CITY shall report said damage to the LACFCD within 14 calendar days from the date of the inspection. PART 5, SECTION 6 Sample Agreement Between the City of Hermosa Beach and Los Angeles County Flood Control District 54 c. CITY shall maintain all TRASH EXCLUDERS so as to function properly during storm events and so as not to prevent storm flows from entering the catch basin. CITY shall promptly repair or replace damaged TRASH EXCLUDERS. d. CITY shall remove all trash and debris from each catch basin fitted with a TRASH EXCLUDER at least once each year. CITY shall stencil the appropriate month and year of cleanout on each catch basin. e. CITY shall be authorized to remove the existing manhole covers as required to access the inside of the catch basins fitted with TRASH EXCLUDERS and shall reinstall the manhole covers wherever the catch basins are left unattended. Damaged screws and bolts shall be replaced. CITY shall thoroughly clean all debris from the manhole frame and cover. f. CITY shall patrol areas in which any TRASH EXCLUDERS have been installed, during storm events, to verify that all TRASH EXCLUDERS are functioning properly, and shall relieve any instances of plugging of any catch basin fitted with a TRASH EXCLUDER. g. CITY shall indemnify, defend, and hold the LACFCD and the County of Los Angeles, and their agents, officers, and employees, harmless from and against any and all claims, demands, liability, damages or costs arising from the breach by CITY of any obligation under this Agreement, or from the installation, operation or maintenance of any TRASH EXCLUDER. h. CITY shall include the LACFCD within the protection of any indemnification clause contained in any ancillary contract relating to the TRASH EXCLUDERS. // // // // // // // (3) LACFCD AGREES AS FOLLOWS: a. To permit CITY to utilize catch basins owned by the LACFCD and located within CITY, as identified in Exhibit A, for the purpose of installing, operating, and maintaining TRASH EXCLUDERS. b. To pay CITY the amount of $15.25 in 2012 dollars, adjusted annually according to the Consumer Price Index for all urban consumers in the Anaheim, Los Angeles, and Riverside areas, as published by the U.S. Government Bureau of Labor Statistics, per year, for each catch basin identified in Exhibit A. This amount represents the annual amount the LACFCD would otherwise have had to incur for removing trash and debris from the catch basins identified in Exhibit A, had CITY not installed TRASH EXCLUDERS in those catch basins. (4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: a. The TRASH EXCLUDERS are the property of CITY. The LACFCD shall retain ownership of the catch basins, exclusive of the TRASH EXCLUDERS. 55 b. Termination (i) CITY may request the LACFCD to perform the inspection and maintenance of the TRASH EXCLUDERS, or any of them, on CITY's behalf. If the LACFCD, in its sole discretion, determines to do so, the parties shall enter into a new agreement providing for said inspection and maintenance by the LACFCD, on CITY's behalf. Upon the execution of the new agreement by both CITY and the LACFCD, this AGREEMENT shall be deemed terminated. (ii) CITY may unilaterally terminate this AGREEMENT without cause, in CITY’S sole discretion, at any time, by giving a thirty (30)-day prior written notice to the LACFCD. In the event this AGREEMENT is terminated, pursuant to this Section (4)b.(ii), the LACFCD may, in its sole discretion, provide CITY with a written notice to remove the TRASH EXCLUDERS or any of them, and restore the affected catch basin(s) to a condition similar to or better than that which existed prior to installation of the TRASH EXCLUDERS. If the LACFCD provides CITY with such a notice, CITY shall complete all work required to comply with the notice within ninety (90) days. If CITY fails to do so, the LACFCD may, in its sole discretion, complete said work at CITY’S expense. (iii) If CITY fails to comply with any of the terms or conditions of this AGREEMENT, the LACFCD may, in its sole discretion, terminate this AGREEMENT and provide CITY with a written notice to remove the TRASH EXCLUDERS, or any of them, and restore the catch basin(s) to a condition similar to or better than that which existed prior to installation of the TRASH EXCLUDERS. If the LACFCD provides CITY with such a notice, CITY shall complete all work required to comply with the notice within ninety (90) days. If CITY fails to do so, the LACFCD may, in its sole discretion, complete said work at CITY’S expense. (iv) If the LACFCD removes any TRASH EXCLUDER pursuant to Sections (4)b.(ii) or (4)b.(iii), the LACFCD shall submit a billing invoice to CITY indicating the costs and expenses incurred by the LACFCD in connection with the removal of the TRASH EXCLUDER, specifically including any work required to restore the affected catch basin to a condition similar or better than that which existed prior to installation of the TRASH EXCLUDER, and CITY shall reimburse the LACFCD all such costs and expenses within thirty (30) days of the billing invoice. c. The LACFCD is not responsible for assisting CITY with any regulatory compliance activities related to the operation or maintenance of the TRASH EXCLUDERS including, for example, conducting monitoring, weighing of trash, and reporting amounts of trash collected from inside catch basins where TRASH EXCLUDERS have been installed. d. Requests for Service coming to the LACFCD to clean any catch basin identified in Exhibit A will be forwarded to CITY for their prompt handling, action, and closure. e. The LACFCD may remove any TRASH EXCLUDER, if the LACFCD defines, in its reasonable discretion, that removal of the TRASH EXCLUDER is necessary to prevent or mitigate flooding of any public or private property. CITY expressly releases the LACFCD from, and waives, all claims for any damages, loss, costs, or expenses resulting from the LACFCD'S removal of any TRASH EXCLUDER pursuant to this section. In such case, CITY may thereafter reinstall the TRASH EXCLUDER only after first consulting with the 56 LACFCD with regards to the reasons for the removal. If CITY thereafter chooses to reinstall the TRASH EXCLUDER, it must do so at its sole expense. f. This AGREEMENT may be modified only by the mutual written consent of both parties. // // g. This AGREEMENT contains the complete and final understanding of the parties in connection with the subject matter herein and shall supersede any and all previous contemporaneous oral or written agreements between the parties regarding said subject matter. h. The provisions of this AGREEMENT shall be interpreted and enforced pursuant to the laws of the State of California. i. Any correspondence, communication, or contact concerning this AGREEMENT, shall be directed to the following: CITY: <<Name1>> <<Title1>> <<City of1>> <<Address1>> LACFCD: Mr. Gary Hildebrand County of Los Angeles Department of Public Works Watershed Management Division, 11th Floor P.O. Box 1460 Alhambra, CA 91802-1460 Telephone: (626) 458-7072 Fax: (626) 289-3618 For emergencies, contact 626-458-HELP (4337) // // // // // // // // // // // // 57 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be duly executed by their respective duly authorized officers, by the CITY OF ________________ on _________________, 2012, and by the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, on ____________________, 2012. LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic By _____________________________ Chief Engineer APPROVED AS TO FORM: JOHN F. KRATTLI Acting County Counsel By ____________________________ Deputy City of <<City of 2>> By _____________________________ Director of Public Works APPROVED AS TO FORM: By _____________________________ City Attorney RJG:sw 58 City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 MAINTENANCE CONTRACT STORM DRAIN CATCH BASIN MAINTENANCE SERCVICES ADDENDUM NO. 2 DATE: February 12, 2015 TO: ALL PROSPECTIVE BIDDERS SUBJECT: MODIFICATION OF BID SPECIFICATIONS The following questions were submitted for the Storm Drain Catch Basin Maintenance Services RFP, please take time to review the questions and answers: Question: What is the required amount of the bid, 10% of total bid for one year or for the total bid for the three years? The RFP and Addendum #1 differ. Please disregard the Addendum #1 response to this question. The correct response is that the bid bond shall be for not less than ten percent (10%) of the total bid amount for the first year of the contract. 1 Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0233 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 CIP 14-173 8TH STREET IMPROVEMENTS AWARD PRELIMINARY DESIGN CONTRACT (Project Manager Victor Chavez) Subject: CIP 14-173 8TH STREET IMPROVEMENTS AWARD PRELIMINARY DESIGN CONTRACT Recommended Action: It is recommended that the City Council: 1.Award Professional Services Agreement to Harris and Associates in the amount of $64,940 to provide conceptual designs and preliminary engineering; and 2.Authorize the Director of Public Works to make changes as necessary within the approved budget; and 3.Authorize an additional appropriation of $4,434 to the Tyco Fund. Background: The existing conditions on 8th Street between Hermosa Avenue and Valley Drive include discontinuous sections of sidewalk, areas where residences appear to have encroached into the City right-of-way, and City infrastructure that does not comply with ADA standards. As a result, staff prepared a Request for Proposal (RFP) to attain a qualified consultant for the preparation of conceptual design options to address these issues. In November 2014, staff released an RFP to provide surveying services, preliminary engineering, and three conceptual designs for the 8th Street Improvements Project between Hermosa Avenue and Valley Drive. The conceptual designs shall include but are not limited to conformance to Americans with Disabilities Act (ADA), sidewalk and crosswalk improvements, drainage improvements, preservation of existing parking where possible, driveway approach improvements as needed, and relocation of power poles and other sidewalk obstructions as needed. Hermosa Beach Printed on 3/5/2015Page 1 of 3 powered by Legistar™ File #:ID#2015-0233 Analysis: On January 6, 2015, staff received five proposals. The five firms represented include Harris & Associates; Anderson Penna Partners, Inc.; John M. Cruikshank Consultants Inc.; Rick Engineering Company; and NCE Engineering. Staff evaluated all proposals using the QSB System (Qualifications Based System) as outlined in the Brooks Act. Based on the evaluation, staff determined that Harris & Associates is best qualified to provide the required services. Staff is recommending the selection of Harris & Associates for their experience with similar projects in several cities including City of Redondo Beach, City of West Hollywood, and City of Yorba Linda. This firm has demonstrated a strong understanding of City needs and desired improvements for 8th Street. Furthermore, they have received the 2010 BEST American Public Works Association (APWA) Southern California Chapter Project of the Year Award for their West Hollywood-Sunset Strip Beautification Project and received a 2011 APWA Award for the Redondo Beach-Esplanade Streetscape Project which included similar design elements. Harris & Associates shall conduct investigations and surveys to fully document existing site conditions. Services also include developing three conceptual designs, corresponding cost estimates, and providing recommendations and mitigation measures within the project limits. A fee was negotiated for these services in the amount of $64,940. Upon completion of the preliminary engineering phase, staff will present the three design alternatives to City Council for recommendation and approval. Fiscal Implications: CIP 14-173 8th Street Improvements Project - Preliminary Engineering Harris & Associates Preliminary Engineering Cost $64,940 Contingency ~ 10% $6,494 Total $71,434 Project Budget Available Tyco Funds (122-8173-4201)$67,000 *Requested Tyco Funds (122-8173-4201) $4,434 Total $71,434 *Note:Staff recommends adding a 10%contingency to the $64,940 cost proposal received from Harris &Associates for the preliminary engineering of this project.Therefore,staff is requesting an additional $4,434 to cover the standard 10% contingency amount. Hermosa Beach Printed on 3/5/2015Page 2 of 3 powered by Legistar™ File #:ID#2015-0233 Attachments: 1.Draft Professional Services Agreement 2.Harris & Associates proposal dated 1/6/15 3.Fee Schedule Respectfully Submitted by: Victor H. Chavez, Project Manager Concur: Andrew Brozyna, P.E., Director of Public Works / City Engineer Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 3/5/2015Page 3 of 3 powered by Legistar™ Agreement No. _________ CONTRACT FOR PROFESSIONAL SERVICES TO ________________________________________________________________ BETWEEN THE CITY OF HERMOSA BEACH AND ___________________________ This AGREEMENT is entered into this day of , 2014, by and between the CITY OF ___________________, a general law city a municipal corporation (“CITY”) and _, a limited liability company (“CONSULTANT”). R E C I T A L S A. The City desires to __________________________________________. B. The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work. C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement. D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement. NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows: 1. CONSIDERATION AND COMPENSATION A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A. B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement. C. As additional consideration, CITY agrees to pay CONSULTANT a total of $ , for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement. D. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee. E. CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. 2. SCOPE OF SERVICES. A. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference. B. Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” 4. TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY. 5. FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. 6. KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is ________________. CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City. 7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on __________, 20___, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties. 8. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 9. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. Page 2 of 10 10. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 11. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing. B. CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date. C. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination. D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. 12. INDEMNIFICATION. A. CONSULTANT shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONSULTANT’S legal counsel unacceptable, then CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONSULTANT shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. B. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. Page 3 of 10 13. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void. 14. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 15. AUDIT OF RECORDS. A. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. B. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 16. CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement. 17. INSURANCE REQUIREMENTS. A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by Page 4 of 10 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 one million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise. 1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Page 5 of 10 CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.” 2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY. C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions. E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above. G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the Page 6 of 10 named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. 18. USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation. 19. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub- consultants and agents. 20. CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction. 21. NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 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: Page 7 of 10 CITY CONSULTANT City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 ATTN: ATTN: Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section. 23. 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. 24. 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. 25. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 26. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. 27. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 28. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY. Page 8 of 10 29. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. 30. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. 31. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. 32. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled. 33. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. 34. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and 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. 35. DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs) By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18701(a)(2) or otherwise serves in a 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 Page 9 of 10 financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code. City Initials ______ Consultant Initials ______ OR By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18701(a)(2)(A) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code. City Initials ______ Consultant Initials ______ IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF HERMOSA BEACH CONSULTANT MAYOR By: TITLE ATTEST: Elaine Doerfling, City Clerk Taxpayer ID No. APPROVED AS TO FORM: Michael Jenkins , City Attorney Page 10 of 10 Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0232 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 CIP 11-537 SOUTH PARK PHASE I IMPROVEMENTS-PLAYGROUND REMODEL AWARD CONSTRUCTION CONTRACT (Associate Engineer Mondher Saïed, P.E.) Subject: CIP 11-537 South Park Phase I Improvements-Playground Remodel Award Construction Contract Recommended Action: It is recommended that the City Council: 1.Award the Construction Contract to Green Giant Landscape Inc.,to provide construction services for CIP 11-537 South Park Phase I Improvements-Playground Remodel;in the amount of $755,909.00; 2.Authorize the Mayor to execute and the City Clerk to attest the attached Construction Contract subject to approval by the City Attorney; 3.Adopt the attached resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE SPECIFICATIONS FOR THE CONSTRUCTION OF CIP 11-537 SOUTH PARK PHASE I IMPROVEMENTS-PLAYGROUND REMODEL PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT”; 4.Authorize an additional appropriation of $78,259 from the Capital Improvement Fund; and 5.Authorize the Director of Public Works to make changes to the contract within the project budget. Background: In 2009,the City Council approved the South Park Master Plan which included a proposed demolition of the hockey rink and an upgrade to the playground area. On November 12,2013,the City Council awarded a professional services agreement to Moore Iacofano Goltsman Inc.(MIG)to provide design services for the natural playground,for a fee of $65,530.The City Council then reaffirmed this project by making it a high priority in the 2014 Strategic Plan. Hermosa Beach Printed on 3/5/2015Page 1 of 3 powered by Legistar™ File #:ID#2015-0232 On October 23, 2014, CIP 11-537 South Park Phase I Improvements-Playground Remodel project was advertised for formal competitive bidding. Only one bid was received by the City Clerk by the closing date of November 18, 2014, for an amount exceeding the Engineer’s Estimate by over 100%. On December 9,2014,the City Council approved Staff’s recommendation to reject all bids and issue a new “notice inviting bids”. Analysis: On January 8, 2015, this project was advertised again for formal competitive bidding. Bids were advertised in the Easy Reader and the bid documents were sent to five (5) planrooms. Plans and Specs were available for downloading at the City’s Website. The Notice Inviting Bids was also faxed to 15 companies that MIG provided. Bid packages were publicly opened and read aloud by the Deputy City Clerk on February 18,2015 with the following results Company Bid Amount Green Giant Landscape Inc. $755,909.00 Los Angeles Engineering, Inc. $1,059,782.00 ARC Construction, Inc. $1,076,175.30 Torres Construction $1,115,000.00 Sean Malek Engineering & Construction $1,195,100.00 CS Legacy Construction $1,198,926.00 Woodcliff Corporation $1,613,911.00 Staff recommends awarding the project to Green Giant Landscape Inc.The bid proposal submitted by Green Giant Landscape Inc.is in order and in conformance with the bid documents.Staff has checked the contractor license of Green Giant Landscape Inc.with the Contractors State License Board and found their contractor license to be current and active.References contacted by City staff have verified work performed by Green Giant Landscape Inc.and found their work to be satisfactory. Staff finds that this contractor is qualified to complete the proposed work for the project. The attached resolution certifies the City’s review of the plans and specifications,which is a prerequisite for a later assertion of design immunity in the event of lawsuit by someone injured by a supposed dangerous condition of the improvement.The resolution also establishes the allocated funds toward the project as the sole source of funds available for compensation to the contractor. Fiscal Implications: Staff recommends adding a 10%contingency to the $755,909 bid amount received from Green Giant Landscape for the construction of this project.Therefore,the total requested construction budget will be $831,500. The current funding available: General Fund $203,981 Hermosa Beach Printed on 3/5/2015Page 2 of 3 powered by Legistar™ File #:ID#2015-0232 Prop A Open Space Fund $ 82,469 Park/Rec Facility Tax Fund $316,791 Capital Improvement Fund $150,000 TOTAL AMOUNT AVAILABLE:$753,241 The construction of this project will cost $831,499.90. Therefore staff requests an additional appropriation of $78,259 from the Capital Improvement Fund to complete the project. This would reduce the balance in the Capital Improvement Fund from $773,173 to $694,914. Attachments: 1.Draft Construction Contract 2.Draft Resolution Respectfully Submitted by: Mondher Saïed, P.E., Associate Engineer Concur: Andrew Brozyna, P.E., Director of Public Works/City Engineer Concur: Diane Strickfaden, Assistant to the City Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 3/5/2015Page 3 of 3 powered by Legistar™ 1 W:\CIP\11-537 South Park Phase I Improvements\Council Items\Staff Reports CITY OF HERMOSA BEACH CONSTRUCTION AGREEMENT This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between Green Giant Landscape, Inc. (hereinafter referred to as "CONTRACTOR") and the City of Hermosa Beach, California, a municipal corporation (hereinafter referred to as "CITY"). R E C I T A L S A. Pursuant to the Notice Inviting Sealed Bids for CIP 11-537 South Park Phase I Improvements-Playground Remodel, bids were received, publicly opened, and declared on the date specified in the notice; and B. On March 10, 2015, City’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR; and C. The City Council has authorized the Mayor to execute a written contract withCONTRACTOR for furnishing labor, equipment and material for the CIP 11-537 South Park Phase I Improvements-Playground Remodel Project in the City of Hermosa Beach. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed: 1.GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the CIP 11-537 South Park Phase I Improvements-Playground Remodel Project in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated January 2015 (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer. 2.INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications, Special Provisions, Exhibits A through E, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings. 2 W:\CIP\11-537 South Park Phase I Improvements\Council Items\Staff Reports 3.COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4.TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 80 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. 5.PREVAILING WAGES. Pursuant to Labor Code § 1720, and as specified in 8 California Code of Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprentice- ship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or 3 W:\CIP\11-537 South Park Phase I Improvements\Council Items\Staff Reports When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or When CONTRACTOR provides evidence that CONTRACTOR employs regis- tered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this Agreement. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost. 6.LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 7.TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 4 W:\CIP\11-537 South Park Phase I Improvements\Council Items\Staff Reports 8.CONTRACTOR'S LIABILITY: The City of Hermosa Beach and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a.CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b.CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c.In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. 5 W:\CIP\11-537 South Park Phase I Improvements\Council Items\Staff Reports So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 9.THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim. 10.WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 11.INSURANCE: With respect to performance of work under this contract, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Builders General Provisions. 12.ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect. 13.INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents 6 W:\CIP\11-537 South Park Phase I Improvements\Council Items\Staff Reports shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY. 14.TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date. 15.LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance. 16.RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours. 17.SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 18.WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged. 17.AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf. 7 W:\CIP\11-537 South Park Phase I Improvements\Council Items\Staff Reports 18.NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. CITY OF HERMOSA BEACH 1315 Valley Drive Hermosa Beach, CA 90254 Attention: Mondher Saïed, P.E., Project Manager CONTRACTOR: Green Giant Landscape, Inc. 941-A Macy Street, La Habra, CA 90631 Attention: Don Henderson 19 DISPUTES. Disputes arising from this contract will be determined in accordance with the contract documents and Public Contracts Code §§ 10240-10240.13. 20 NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of race, religion, color, medical condition, sex, sexual orientation and/or gender identity, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735. 21 NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract. 22 TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 23 ACCEPTANCE OF FACSIMILE OR EMAIL 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 email. Such facsimile or email signature will be treated in all respects as having the same effect as an original signature. 8 W:\CIP\11-537 South Park Phase I Improvements\Council Items\Staff Reports 24 GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of CaliforniaCONTRACTOR'S License No. 670478 A, C-27 CONTRACTOR Green Giant Landscape, Inc. 941-A Macy Street, La Habra, CA 90631 _________________By: ____________________________________________ Date TITLE CITY OF HERMOSA BEACH, CALIFORNIA _________________By: ____________________________________________ Date MAYOR ATTEST: By: ____________________________________________ Date CITY CLERK CONTRACTOR'S Business Phone 562-690-6208 Emergency Phone at which CONTRACTOR can be reached at any time: 562-690-6208 APPROVED AS TO FORM: _______________________________________________________________ CITY ATTORNEY __________________ Date -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. 2015-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING THE DESIGN AND PLANS FOR THE CONSTRUCTION OF CIP 11-537 SOUTH PARK PHASE I IMPROVEMENTS-PLAYGROUND REMODELPROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; The City Council of the City of Hermosa Beach does resolve as follows: The City Council finds and declares as follows: The City retained Moore Iacofano Goltsman Inc. (“Consultant”) as the consultant to prepare the specifications for CIP 11-537 South Park Phase I Improvements-Playground Remodel (“Project”); The Consultant informed the City Engineer that these plans are complete and that construction of the Project may begin; The Deputy City Engineer reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and the Project may be constructed; and The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project. Design Immunity; Authorization. The design and plans for the Project are determined to be consistent with the City’s standards and are approved; The design approval set forth in this Resolution occurred before actual work on the Project construction commenced; The approval granted by this Resolution conforms with the City’s General Plan; The Deputy City Engineer, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the design and plans approved by this Resolution; and The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Project Payment Account; For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies from the current fiscal year budget to pay for the Project (“Project Payment Account”). The Project payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Document administering the Project. The City Clerk is directed to certify the adoption of this Resolution. This Resolution will become effective immediately upon adoption. Now, therefore, be it resolved, that the City of Hermosa Beach City Council hereby adopts Resolution No. 2015- ____ on March 10, 2015. PASSED, APPROVED, AND ADOPTED this 10th day of March, 2015. _________________________________________________________________ MAYOR of the City of Hermosa Beach, California ATTEST:APPROVED AS TO FORM: ____________________________________________________ City Clerk City Attorney I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 2015-XX was duly and regularly passed and adopted by the City Council of the City of Hermosa Beach, California, at its adjourned regular meeting held on the 10 th day of March, 2015, by the following vote, to wit: AYES: NOES: ABSENT:COUNCILMEMBERS: ABSTAIN:COUNCILMEMBERS: Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0238 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 CONSIDERATION OF A RESOLUTION DECLARING THE CITY’S PARTICIPATION IN EARTH HOUR ON MARCH 28, 2015 FROM 8:30 P.M. TO 9:30 P.M. AND PROMOTING EARTH DAY ON APRIL 22, 2015 (Environmental Analyst Kristy Morris) Recommended Action: Staff recommends that the City Council adopt the attached resolution declaring participation in Earth Hour and promoting Earth Day. Background: Earth hour: In support of the City’s efforts to address global warming and sustainability, the Council is requested to declare its participation in Earth Hour on March 28 from 8:30 p.m. to 9:30 p.m. by turning off non- essential lighting in city government buildings and public landmarks, including the Pier, during this hour and urging residents and businesses to likewise turn off non-essential electricity. The Council adopted a similar resolution in past years. Staff will promote the event through the E-newsletter, local media, and community organizations, and register the City of Hermosa Beach as an official supporter on the Earth Hour website at www.myearthhour.org so that our City’s name appears on the Earth Hour homepage map. This event, created by the World Wildlife Fund in 2007, encourages households, businesses and communities to turn off their non-essential lights and electrical appliances for one hour to raise awareness about the need to take action regarding climate change. The Earth Hour campaign seeks to convey that we can all take personal responsibility for our planet and that working together we can make a positive impact. Earth Day:Earth Day was initiated in 1970.The attached resolution encourages all households, businesses and communities to participate in local and regional celebratory and educational activities. The city will encourage people to participate in events sponsored by community organizations that will be promoted in the next several months. Attachments: 1. Proposed Resolution Respectfully Submitted by: Kristy Morris, Environmental Analyst Concur: Ken Robertson, Community Development Director Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 3/5/2015Page 1 of 1 powered by Legistar™ 1 Attachment 1 C.C. RESOLUTION NO. 14-XXXX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING PARTICIPATION IN EARTH HOUR ON MARCH 28, 2015 FROM 8:30 PM TO 9:30 P.M. INCLUDING TURNING OFF ALL NON-ESSENTIAL LIGHTING AND ELECTRIC DEVICES INMUNICIPAL AND OTHER FACILITIES, AND URGING PARTICIPATION IN EARTH DAY ON APRIL 22, 2015 WHEREAS, our community is concerned about climate change and the future health and well-being of our planet and believes energy, waste and natural resource efficiency are important elements to combating climate change and protecting our health, air, water and marine environment; and WHEREAS, Earth Hour and Earth Day are international and local symbolic events organized to raise awareness about climate change and environmental issues, and to encourage businesses, individuals and government to take actions to reduce their carbon emissions and their impact on the environment in their daily lives and operations; and WHEREAS, Earth Hour asks all citizens, businesses, government agencies, and commercial and non-commercial establishments to turn off all non-essential lighting for one hour from 8:30 p.m. to 9:30 p.m. on March 28, 2015; and WHEREAS, extinguishing non-essential lights in all city government buildings and public landmarks, including the Pier, for one hour and urging all businesses and citizens to do the same will send a clear message that the people of Hermosa Beach are concerned about climate changeand that the City stands with the rest of the world in seeking solutions; and WHEREAS, celebrating and participating in Earth Hour on March 28 and Earth Day on April 22 and in other activities around the South Bay throughout that week will help raise awareness about environmental stewardship and inform local residents and businesses about local information and tools to increase personal responsibility; and WHEREAS, Earth Day and Earth week are excellent opportunities for all Hermosa Beach residents to join efforts to protect the planet by becoming conscious of the challenges facing the environment locally, nationally and globally; and to make a commitment to reduce greenhouse gas emissions and act in an ocean-friendly manner by reducing waste and ensuring that nothing but rainwater drains into our storm drains and the ocean; and WHEREAS, the City of Hermosa Beach has declared its goal of carbon neutrality, prepared a Sustainability Plan, and made significant recent strides in advancing sustainability, including obtaining a Sustainable Communities Grant Award enabling the City to focus the General Plan/Coastal Land Use Plan on sustainability and carbon neutrality, installed energy efficiency improvements at city facilities, adopted a Living Streets policy, completed city policy actions to 2 become a certified Blue Zones City, negotiated a new solid waste franchise agreement increasing guaranteed diversion rates, banned smoking and polystyrene take-out food containers thereby decreasing water quality impacts, installed a stormwater infiltration system along Pier Avenue and at the Strand, approved a permanent location for a community garden, adopted clean fleet and energy efficiency procurement policies, obtained and partnered with others via grants to address climate adaptation (Sea Level Rise and Climate Ready), and obtained a SCAG Grant to prepare a carbon neutral road map for municipal operations, and the City endorses efforts by World Wildlife Fund through Earth Hour to raise awareness around global climate change and energy efficiency. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: 1. That the City of Hermosa Beach encourages all city employees and residents to turn off all non-essential lighting in city government buildings and public landmarks, including the Pier, for the hour between 8:30 p.m. and 9:30 p.m. on March 28, 2015 to conserve energy and raise awareness about global climate change as part of the city-wide Earth Hour event. 2. That the City of Hermosa Beach encourages all city employees, residents, children, businesses, civic groups, government agencies, and others to participate in local and regional celebratory and educational activities promoting Earth Day on April 22, 2015 and that week around the South Bay. The City Clerk shall certify to the adoption of this resolution and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED and ADOPTED this 10th day of March, 2015. _____________________________________________________________________________PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST:APPROVED AS TO FORM: _____________________________________________________________ City Clerk City Attorney Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0237 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 APPROVAL OF OUR LADY OF GUADALUPE CHURCH’S EASTER SUNRISE MASS ADDITION TO THE SPECIAL EVENT CALENDAR FOR SUNDAY, APRIL 5, 2015 (Senior Recreation Supervisor Kelly Orta) Recommended Action: Staff recommends that City Council include the Our Lady of Guadalupe annual Easter Sunrise Mass on the City Special Event Calendar for Sunday, April 5, 2015. Background: Currently,the Parks and Recreation Commission is tasked with approving events with an estimated attendance of 500 or more.Furthermore,City Council makes final approval of all events via their inclusion on the special event calendar.This approval process along with special event policies are currently being evaluated by the Parks and Recreation Commission with a goal to return to the City Council with an update and possible recommendations to alleviate the busy special event calendar and impacts to the beach caused by the events. Analysis: Recently,the Community Resources Department received a request from Our Lady of Guadalupe Church to hold their annual Easter Sunrise Mass on the beach,on April 5,2015.This event has previously taken place unpermitted and has never been included on the calendar. This event would take place south of the Pier on the beach at 11th Street closest to the water.Set up would include a small table near the water’s edge to act as the altar.Attendees would bring their own folding/beach chairs or blankets to view the service from the sand.The church estimates that there could be upwards of 1500 people in attendance based on previous years’attendance,although the actual number is unknown.This event does not impact any existing volleyball courts and would be taking place concurrently with a volleyball tournament north of the Pier,although as it is a sunrise service, most attendees would be departing before the volleyball tournament was underway. As the application was received too late to be vetted by the Parks and Recreation Commission in time for the event,staff is bringing it to the Council for review.Staff recommends that City Council include the Our Lady of Guadalupe annual Easter Sunrise Mass on the City Special Event Calendar Hermosa Beach Printed on 3/5/2015Page 1 of 2 powered by Legistar™ File #:ID#2015-0237 include the Our Lady of Guadalupe annual Easter Sunrise Mass on the City Special Event Calendar for Sunday, April 5, 2015. Attachments: 1. Easter Sunrise Mass special event application 2. 2015 Special Event Calendar Respectfully Submitted by: Kelly Orta, Senior Recreation Supervisor Concur: Diane Strickfaden, Assistant to the City Manager Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 3/5/2015Page 2 of 2 powered by Legistar™ City of Hermosa Beach - Community Resources Department 710 Pier Avenue ● Hermosa Beach, CA ● 90254 | Telephone: 310-318-0280 | Fax: 310-372-4333 TENTATIVE CALENDAR OF EVENTS 2015 Visit our website at www.hermosabch.org for updates! JANUARY Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm 17 Volleyball Ventures Tournament North of Pier X 31 USAV Jr. Beach Tour Premiere Winter Series North of Pier X FEBRUARY Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm 14 Volleyball Ventures Tournament North of Pier X 21 Beach Cities Winter Olympics CANCELLED North of Pier X 28 USAV Jr. Beach Tour Premiere Winter Series North of Pier X MARCH Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm 1 Keep Hermosa Hermosa Volleyball Tournament CANCELLED North of Pier X 7 Pier 2 Pier Run/Walk CANCELLED Beach X 7 Mira Costa Girls Beach Volleyball Tournament North of Pier X 14 HB St. Patrick’s Day Community Parade Downtown X 15 USAV Beach High Performance Tryouts North of Pier X 21 Hearts of Hermosa Community Center X 21 USAV Jr. Beach Tour Premiere Winter Series North of Pier X 22 CBVA North of Pier X 28 Volleyball Ventures Tournament North of Pier X 28-29 West Coast Beach Tennis Beach Tennis Courts X 29 USC Football Pep Rally (Pier Plaza Promo) Pier Plaza X APRIL Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm 4 AAU North of Pier X 4 Surfer’s Walk of Fame Ceremony Pier X 4 Spyder Surf Fest Plaza X 4 Hope Chapel Easter Egg Hunt Valley Park X 5 USAV Beach High Performance Tryouts North of Pier X 11-12 USAV Collegiate Beach Challenge North of Pier X 18 HB 5000 Downtown X 18 CBVA North of Pier X 19 Walk for Water Strand X 25 USAV Beach High Performance Tryouts North of Pier X 25 Night at the Ballpark Clark Field X 25 Richstone Pier to Pier Walk Strand X 26 (TBD) Leadership Hermosa Fitfest 2015 North of Pier X 29 Skate for the Schools Skatepark X MAY Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm 2 Volleyball Ventures Tournament North of Pier X 2 Endless Summer Classic Car Show Plaza X 9 USAV Beach High Performance Tryouts North of Pier X Revised:2/25/2015 at 4:39:47 PM Page 2 of 2 9-10 West Coast Beach Tennis Beach Tennis Courts X 10 USAV Jr. Beach Tour HB Open North of Pier X 11-17 USAV High Performance Transition Week North of Pier X 23-24 CBVA Tournament North of Pier X 23-25 Fiesta Hermosa Downtown X 25 Beachsport.org SUP Contest S. of Pier X 30 AAU North of Pier X JUNE Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm 6-7 HB Fine Arts Festival (Art Walk) Comm. Center X 6 Volleyball Ventures Tournament North of Pier X 13 USAV Jr. Beach Tour HB Open North of Pier X 14 AAU North of Pier X 20 Summer SHAPE Up Beach/N Pier & Plaza X 27 Ultimate Fitness Expo (Pier Plaza Promo) Plaza X JULY Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm 6-9 Jr. Volleyball Association (JVA) – BVCA National Beach Championships North of Pier X 11 Pier 2 Pier Run/Walk Beach X 11-12 AAU North/South of Pier X 13-17, 19 USA Volleyball HP Championship North of Pier X 15-16 Shakespeare By the Sea (tentative) Valley Park X 18 Smackfest Coed 4’s Tournament South of Pier X 21-22 Film Permit TBD Beach/Pier X 21-24 Special Olympics World Games Host Town Activities Downtown/Valley Park/Community Center X 23-26 AAU North/South of Pier X 30 – 31 International Surf Festival Beach/Pier X Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0242 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 REQUEST FOR APPROVAL OF DONATION TO MIRA COSTA HIGH SCHOOL GRAD NIGHT 2015 (City Manager Tom Bakaly) Recommended Action: That the City Council approve a donation of $1000 to the Mira Costa High School G.R.A.D. Booster Club for 2015. Background: Requests from Mira Costa High School have been approved annually since 1998. The amount originally approved in 1998, and subsequently requested annually is $1000. These donations are budgeted. Attachment: Mira Costa G.R.A.D. Nite Donation request Respectfully Submitted by: Tom Bakaly, City Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Hermosa Beach Printed on 3/5/2015Page 1 of 1 powered by Legistar™ From: Claire Worch <claire.worch@gmail.com> Date: February 25, 2015 at 8:53:26 PM PST To: ptucker@hermosabch.org, nbarragan@hermosabch.org, cpetty@hermosabch.org, hfangary@hermosabch.org, mdivirgilio@hermosabch.org Subject: MCHS GRAD NITE FUND RAISING SPONSORSHIP MIRA COSTA HIGH SCHOOL - G.R.A.D. NITE 2015 Graduate Resisting Alcohol and Drugs Booster Club P.O. Box 1079, Manhattan Beach, CA 90266-1079 Tax ID# 02-0603467 February 25, 2015 Hello Friends of G.R.A.D. Nite, Last year you generously donated to the MCHS G.R.A.D. Nite. This year’s GRAD Night committee and all the participates would be grateful if you would considering donating again this year. This is our annual request to help support Mira Costa’s 25 year tradition of a SAFE, FUN, and SOBER G.R.A.D. Nite. G.R.A.D. Nite (GRADUATES RESISTING ALCOHOL and DRUGS) is an all-night celebration sponsored by the G.R.A.D. Nite Booster Club (a 501(c)(3) organization) on the night of graduation day. This noteworthy event encourages seniors, now and in the future, to choose to attend our drug- and alcohol-free alternative over the drinking parties that typically follow events such as graduation. Students are bused to a secret location where they are fed and entertained all night long. Ticket prices are kept low to encourage attendance and Scholarships are provided for seniors who otherwise could not afford to attend. Even with an eye toward keeping ghosts low, ticket sales do not cover the actual coster per student. WE REACH OUT TO OUR COMMUNITY to subsidize the costs and to keep this tradition going, for the safety of the students and the community. We appreciate your past support and count on your donation again this year. The attached Sponsorship Form (attached) has all of the details, but please contact me or any of the committee members if you need additional information or have questions. THANK YOU in advance for your support of our graduating seniors and the G.R.A.D. Nite tradition! Sincerely, Claire Worch Fundraising Chair/Parent Volunteer 310-874-3472 claire.worch@gmail.com MCHS G.R.A.D. Nite Volunteer Booster Club Board Event Co-Chairs - Laurel Wright & Julie Watts, Secretary/Volunteers - Julie Watts, Treasurer - Grettell Fournell Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0257 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 ORDINANCE NO. 15-1349 - “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, CHAPTER 12.16, ADDING PROVISIONS TO ALLOW AND REGULATE RETAIL SALES/DISPLAY ENCROACHMENTS ON PIER PLAZA, AND AMENDING CHAPTER 17.26 FOR CONSISTENCY (City Clerk Elaine Doerfling) Recommended Action: It is recommended that the City Council waive full reading and adopt by title Ordinance No. 15-1349. Background: At its meeting of February 24, 2015, the Ordinance was presented to the City Council for consideration and was amended to (1) strike the last sentence of B.1.b. relating to the rental of beach/visitor serving equipment and (2) add as B.2.g. “Rental or sale of any used merchandise.” The Ordinance, as amended, was then introduced by the following vote: AYES:Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker NOES:None ABSENT:None ABSTAIN:None Attachments: 1. Ordinance No. 15-1349 Respectfully Submitted by: Elaine Doerfling, City Clerk Concur: Tom Bakaly, City Manager Hermosa Beach Printed on 3/5/2015Page 1 of 1 powered by Legistar™ Page 1 of 8 15-1349 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 15-1349 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, CHAPTER 12.16, ADDING PROVISIONS TO ALLOW AND REGULATE RETAIL SALES/DISPLAY ENCROACHMENTS ON PIER PLAZA, AND AMENDING CHAPTER 17.26 FOR CONSISTENCY THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AND ORDER AS FOLLOWS: SECTION 1. Section 12.16.100 of Chapter 12.16 of Title 12 of the Hermosa Beach Municipal Code is amended to read as follows: 12.16.100 Commercial encroachments—Retail display areas. Use of the Pier Plaza (including Loreto Plaza) public right-of-way for commercial outdoor retail display areas may be permitted subject to issuance of an encroachment permit in compliance with this Chapter, and subject to the following conditions: A. General Provisions. Every encroachment permit for commercial outdoor retail display areas shall ensure the following: 1. Provides for and maintains an area for passage of pedestrian traffic; 2. Does not inconvenience pedestrian traffic; 3. Conforms to all applicable health codes and this Code; 4. Applicant to pay all appropriate fees, including but not limited to rental fees; 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); and 6. Applicant to pay restorative costs, if applicable, in an amount to be determined by the Director of Public Works, plus administrative costs. Page 2 of 8 15-1349 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 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, second hand 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. Page 3 of 8 15-1349 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 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. Encroachments for commercial outdoor retail display areas shall comply with Section 12.16.060 and the following design and operational standards and limitations: 1.Encroachment areas shall be available for and located adjacent to ground floor retail businesses. The encroachment area on Pier Plaza shall not exceed thirteen (13) feet in depth. The encroachment area on Loreto Plaza shall not exceed five (5) feet in depth. The encroachment area shall not exceed the width of the tenant space frontage. The encroachment area for any tenant space fronting Pier Plaza is restricted to the Pier Plaza frontage only. 2.Barriers around encroachment areas on Pier Plaza with a maximum height of 42 inches shall be provided, provided that barriers shall not be installed or allowed on Loreto Plaza. Each perimeter barrier shall use the same design and materials on all sides. Barriers shall be attractive with a quality appearance, made of new materials such as wood and wrought iron. Barriers shall be of a permeable design that allows for visibility of merchandise through the barrier. Chain-link fencing or other low quality materials are not permitted. The elevation of the encroachment area shall not be altered. No modification to the surface of the right-of-way, such as resurfacing, texturing or borings, shall be made. 3.Awnings may extend over the entire depth (maximum thirteen (13) feet on Pier Plaza and five (5) feet on Loreto Plaza) and width of the encroachment area. Awnings must be retracted to cover not more than fifty (50) percent of the encroachment area depth when the business is Page 4 of 8 15-1349 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 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 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 furnishing 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. 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. Page 5 of 8 15-1349 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 f.No entertainment, music, audio speakers, televisions, or visual media of any type, whether amplified or unamplified, shall be located within the encroachment area. 6.The layout of the encroachment area shall not impede 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 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 Page 6 of 8 15-1349 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 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 Works 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 and configuration of the encroachment area, and the barriers, awnings and display furnishings within the encroachment area, shall be subject to approval by the Director of Public Works, after obtaining written concurrence of the 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. Page 7 of 8 15-1349 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 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 year and may be annually renewed. f.The encroachment permit is issued to the business owner, does not create a vested right, and shall be revocable by the City at any time without a showing of cause or prior notice by the City. Upon a finding of noncompliance with any condition of granting an encroachment permit, or upon revocation of an encroachment permit, the encroachment permit shall not be renewed and a new encroachment permit shall not be granted for a period of one 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. SECTION 2. The following use is added to the alphabetical table of uses in Section 17.26.030 of Chapter 17.26 of Title 17 of the Hermosa Beach Municipal Code as follows: USES C1 C2 C3 See Section Outdoor retail sales/display areas (accessory to establishments on Pier Avenue public right-of- way—includes Loreto Plaza) P 17.26.050.B.7 12.16.100 SECTION 3. Subsection 7 of Section B of Section 17.26.050 of Chapter 17.26 of Title 17 of the Hermosa Beach Municipal Code is added to read as follows: B.7. Outdoor retail sales/displays located adjacent to a retail establishment, authorized by an Encroachment Permit for use of the public right-of-way obtained pursuant to Section 12.16.100 Page 8 of 8 15-1349 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 of the Municipal Code. Deviation from the standards in Section 12.16.100 may be allowed pursuant to a conditional use permit, issued in compliance with Chapter 17.40. SECTION 2. This Ordinance shall become effective and be in full force and in effect from and after thirty (30) days of its final passage and adoption. SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of general circulation, and circulated in the City of Hermosa Beach in the manner provided by law. SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original Ordinances of said City, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 10th day of March, 2015 by the following vote: AYES:NOES:ABSENT:ABSTAIN: ______________________________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST:APPROVED AS TO FORM: _______________________________________________________________________________________________ City Clerk City Attorney Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0218 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 TENTATIVE FUTURE AGENDA ITEMS (Continued from meeting of February 24, 2015) Recommended Action: To receive and file the tentative future agenda items. Attachments: Tentative Future Agenda Hermosa Beach Printed on 3/5/2015Page 1 of 1 powered by Legistar™ February 18, 2014 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council February 24, 2014 TENTATIVE FUTURE AGENDA ITEMS MARCH 10, 2015 @ 6:00PM STUDY SESSION: ECONOMIC DEVELOPMENT MARCH 10, 2015 CONSENT CALENDAR Recommendation to receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of January 5, 2015 Fire Chief Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 3, 2015 Assistant to the City Manager Sociable City Economic Development Officer Storm Drain Maintenance Contract Public Works Director Award Preliminary Engineering and Conceptual Design Contract for CIP 14-173 8th Street SR2S Public Works Director Award Construction Contract for CIP 11-537 South Park Playground Improvements Public Works Director Adoption of resolution to participate in Earth Hour and Earth Day activities Environmental Analyst PUBLIC HEARINGS - 7:30 PM Fiscal Year 2015-2016 Community Development Block Grant (CDBG) program allocation of an estimated $138,000 (including $72,000 from Fiscal Year 2014-2015 funding cycle) for Americans with Disabilities Act retrofits at various public facilities throughout the City based on recommendations from the Citywide Building and Facilities Condition Assessment Community Development Director Text amendment to the Municipal Code to modify provisions relating to the definition and standardsfor restaurants, bars, places with live entertainment, and on-sale alcoholic beverage establishments including the food to alcohol sales ratio and determination that the project is exempt for the California Environmental Quality Act Community Development Director MUNICIPAL MATTERS Direction to Planning Commission regarding Beach Drive Vacation Community Development Director MARCH 14, 2015 @ 7:30 AM CITY COUNCIL RETREAT - THE BEACH HOUSE MARCH 24, 2015 @ 6:00PM CLOSED SESSION: CITY ATTORNEY PERFORMANCE REVIEW MARCH 24, 2015 CONSENT CALENDAR Recommendation to receive and file the action minutes of the Planning Commission meeting of March 17, 2015 Community Development Director Award Construction Contract for CIP 13-655 City Facilities ADA Improvements Public Works Director Award Construction Contract for Parking Structure Parking Counting System Public Works Director MUNICIPAL MATTERS Pilot Parking Program Evaluation Recap and Possible Action Management Analyst Procurement Policies – RFP Finance Director / Public Works Director Public Information and Communications Plan Adoption City Manager MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER Homeless Update Economic Development Officer 2 PENDING ITEMS Consideration of reduction of business license fee request from Carol G. Weiss, Ph.D.Finance Director Green Zone Recommendations and the Installation of Silver and Green Meters Downtown Police Chief Ethics Policy City Manager & Finance Director Food Trucks – Policy Discussion Community Development Director Pier Plaza Smoking Enforcement & Underage Ordinance Police Chief PCH/Aviation Aesthetic Signage Public Works Director Hope Chapel Development City Manager/Economic Dev Officer Strand/Pier EIR Contract (Continued from meeting of November 13, 2014)Community Development Director Business Improvement District (BID) for Pier Plaza – Assist in BID Proposal Economic Development Officer Additional Bike Paths Discussion Public Works Director Amendment of Code on No Smoking Enforcement Community Development Director Sewer Discussion Public Works Director APRIL 2015 Quarterly Update - Strategic Plan Action Agenda Management Analyst Quarterly Update – Closed Session Litigation Assistant to the City Manager Investment Plan Presentation City Treasurer Green Building and Green Energy – Implementation Update Community Development Director Minutes Discussion City Clerk Amendment to the Outdoor Dining Design and Operational Standards for Pier Plaza per Municipal Code Chapter 12.16 (Encroachments) and determination that the project is exempt from the California Environmental Quality Act Community Development Director MAY 2015 Priority Based Budgeting Adoption Finance Director Citywide Service Level/Performance Benchmark System – Council Presentation/Report Finance Director Comprehensive City Facilities Master Plan – Complete Phase 1 Condition and Needs Report Public Works Director Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0207 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JANUARY 21, 2015 (Continued from meeting of February 24, 2015) Recommended Action: To receive and file the action minutes of the Public Works Commission meeting of January 21, 2015. Attachments: Minutes of the January 21, 2015 Meeting of the Public Works Commission. Approved: Diane Strickfaden, Interim Director of Public Works Hermosa Beach Printed on 3/5/2015Page 1 of 1 powered by Legistar™ ACTION MINUTES PUBLIC WORKS COMMISSION MEETING OF WEDNESDAY, JANUARY 21, 2015 CITY HALL, COUNCIL CHAMBERS 1315 VALLEY DRIVE COMMISIONERSJanice Brittain Andrea Giancoli Kimberlee MacMullan Rob Saemann Justin Schnuelle All public testimony and the deliberations of the Public Works Commission can be viewed on the City’s website at http://www.hermosabch.org/index.aspx?page=358. 1. Call to Order 7:00 PM 2. Flag Salute 3. Roll Call Present: Commissioner Brittain, Commissioner Giancoli, Commissioner Saemann, Commissioner Schnuelleand Chairwoman MacMullan. Also present: Diane Strickfaden, Interim Director of Public Works and Liz Zeigler, Administrative Assistant 4. Approval of Action Minutes: November 19, 2014 ACTION: MOTION was made to approve the minutes of November 19, 2014, seconded and the motion carried by a vote of 4-0; Giancoli abstained. 5. Public Comment: Anyone wishing to address the Commission on items not on the agenda and pertaining to Public Works may do so at this time. No action. 6. Correspondence No action. 7. Presentations – Mr. Andrew Brozyna introduced himself to the Commission as the new Director of Public Works. 8. Items for Consideration a.Removal of Two Parkway Trees at 1325 Owosso Avenue Commissioner Giancoli recused herself to become part of the public. Public comments were as follows: Thomas Rose, 1301 Owosso Avenue, noted that the sidewalk in the area had been ground down in the past because of irregularities in the sidewalk. He also requested that the trees be replaced with trees that have minimally invasive root systems. Andrea Giancoli, 1045 14th Street, stated that Staff should require the replacement of the trees. The Commissioners comments included: 2 Commissioner Schnuelle asked who is responsible for repairing the sidewalk and Ms. Strickfaden informed him that per the Municipal Code the owner is responsible. Commissioner Saemann asked about the fines that can be imposed on the owner for failing to obtain a permit prior to cutting the trees and Ms. Strickfaden stated that she had reviewed the Code and there is no fee that can be charged, but that the City would require the repair of the sidewalk and that the owner replace the trees with the largest possible trees listed on the City’s approved tree list. Commissioner Saemann requested that the tree be of similar size and type. Commissioner MacMullan said she found a clear safety issue that required the removal of the trees. Commissioner Schnuelle added that Staff should require that the sidewalk be repaired. ACTION: Motion was made by Commissioner Brittain to have the Commission approve a permit to remove a parkway tree at 1325 Owosso Avenue and a retroactive permit for a second tree at the same address and that the owner be held responsible for all costs associated with the repair of the sidewalk and other City property that is damaged by the trees’ roots or by the removal of the trees and that the trees be replaced with similar sized trees from the City approved tree list; seconded by Schnuelle, the motion passed by a vote of 4-0; Giancoli recused herself. b.Installation of Collapsible Traffic Delineators at Various Strand Entrance Locations between Lyndon and 35th Street. Commissioners’ comments included the following: Commissioner Schnuelle: stated he supported the project, but expressed reservations about how these particular bollards would prevent cars from going on the Strand inquired as to the City’s liability if someone was injured on The Strand by a vehicle noted most locations don’t have signage and when they do the signs are small wants distinction made between walk streets and drive streets and proposed that different solutions are required for each type of street bollards need to be moveable to allow Police vehicle access Commissioner Brittain: inquired as to the extent of the problem of cars going on the Strand asked if the police department or fire department initiated the project and inquired as to how the project came about. Commissioner Saemann: he has seen cars on the Strand by Scotty's collapsible bollards are not meant to stop people determined to get on the Strand from doing so and they allow for emergency vehicles to access the Strand inquired on other types of bollards indicated that commercial streets and some drive streets should bollards, but is unsure about drive streets, suggested reducing the number of locations for bollards to every other one Commissioner Giancoli: asked for more statistical information that shows how much of a problem the City has of cars getting onto the Strand suggested researching using other methods and additional signage suggested reducing the number of locations for bollards suggested looking at more aesthetically pleasing bollards Commissioner MacMullan: asked if data existed that showed which point of entry on the Strand had the most cars get onto the Strand stated she had seen cars on the Strand by Scotty's and no sign on the Strand wall indicating the area was pedestrian only 3 Ms. Strickfaden informed the Commission that: she did not have specific statistics on the number of cars driving on the Strand the project was approved by the City Council as part of this year’s Capital Improvement Plan in 2014 the bollards proposed are devised as deterrent, not necessarily to prevent individuals intent on entering the Strand from doing so, but that these bollards are the same type as those installed by the City of Venice after their major accident there are other types of bollards, very similar in style, but varying in cost and not all collapsible she did not have statistics on which Strand entry points were more problematic, but thought that commercial areas posed more risk indicated she could follow up with the Police Department and inquire about the history of cars entering the Strand stated she has seen cars on the Strand the City is part of an insurance pool and is self-insured for $250,000 per incident, but that the City’s potential liability is hard to determine Public Comments included: Ralph Corbel, resident at 25 3rd street, indicated: support for the bollards on drive streets like 2 nd St., 10th St., 11th St., but not where there is no direct car access; he opposed to bollards on 3rd Street too many bollards would not be aesthetically pleasing the maximum distance on some streets is already 8 feet, so cars can't fit anyway inquired what the damage would be to vehicles when bollards come back up after being run over James Scott, resident at 2117 Hermosa Avenue commented that: he did not believe the proposed bollards would prevent drunks and those intent on entering the Strand to do harm from entering the Strand; and noted the need for steel poles like those on Pier Plaza to do so asked the Commission to reduce the number of access points where the bollards are to be installed; asked how many access points are needed for the emergency vehicles; suggested combining the proposed bollards with other stronger and more aesthetically pleasing bollards at some of the locations where emergency vehicles do not need entry Sandy Saemann, 28 year resident on the Strand, stated: he hasn't seen more than 10 cars on the Strand, and those were mostly neighbors proposed delineators won’t prevent cars from entering the Strand the delineator are ugly and will look worse over time; will detract from the beauty of the Strand the City has no statistics supporting the problem of cars on the Strand if there are certain areas where bollards are really needed, these areas should have bollards, but only where needed and instead increase fines and signs in most areas Darrell Greenwald, resident at 3210 10th Street, representing the Sea Sprite Motel, 1016 The Strand, and residents Greg and Doris Morton at 940 The Strand expressed opposition to the bollards for the following reasons: the bollard proposed at 10th St. and The Strand would restrict access to residents’ garages at 940 The Strand and the Sea Sprite Hotel the bollards are not effective in preventing persons intent on entering The Strand from entering instances of cars driving on The Strand is very rare the bollards are not aesthetically pleasing, they look like construction cones budget and resources should be directed at pothole problems ACTION: Motion was made by Commissioner Saemann to direct Staff to bring back the item to the Public Works Commission and present the Commission with research and recommendations that includes: 4 statistics that show the extend of the problem of cars driving onto The Strand Police, Fire, and Lifeguard input as to the necessary access points for emergency vehicles alternative solutions for drive streets vs. walk-streets, including list of areas where bollards could be reduced list of bollards choices that are more aesthetically pleasing from which the Commission can choose and make a recommendation to the City Council Motion was seconded by Commissioner Brittain, and Motion passed by a vote of 5-0. c. Project No. 10-661 Surf Legends Memorial Project Progress Report ACTION: Motion was made by Commissioner Schnuelle that the Public Works Commission receive and file the report, seconded, and the motion passed by a unanimous vote. 9. Commissioners’ Reports Commissioner Schnuelle stepped down from the bike parking subcommittee and all the Commissioners agreed that Commissioner Seamann would serve as the committee’s chair and Commissioner Giancoli would join the subcommittee. Commissioner Schnuelle reported that he and Victor Chavez, the City’s Assistant Engineer, met with the Hermosa Beach School District and discussed funding options available to address the parking and traffic congestion created during the school’s drop-off and pick-up times. The traffic congestion needs to be addressed prior to the installation of bike sharrows on Valley Drive. 10. Monthly Reports a. Monthly Activity Report – October 2014 and November 2014 b. Project Status Reports – October 2014 and November 2014 Above items are presented for information purposes only. c. Verbal Capital Improvement Report by Ms. Strickfaden – NO ACTION 11. Commissioners’ Announcements – NO ACTION 12. The Regular Meeting of the Public Works Commission for January 21, 2015 was adjourned at 8:41p.m. to the Regular meeting of Wednesday, March18, 2015 at 7 pm. Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0211 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 REMOVAL OF GRANITE CUBICAL BOLLARDS AND RELOCATION OF PLAQUES ON PIER PLAZA (Continued from meeting of February 24, 2015) (Associate Engineer Homayoun Behboodi) Recommended Action: It is recommended that the City Council: 1.Approve the removal of the granite cubical bollards from Pier Plaza; and 2.Authorize the City Manager to enter into an agreement with the Lighthouse owner for the refurbishment and relocation of the jazz plaques; and 3.Authorize the relocation of the jazz plaques onto the Pier head as an alternative location. Background: Staff proposes to remove the 45 cubical granite bollards and disabled parking space markers on Pier Plaza and to relocate the nine plaques that are attached to seven of the bollards.Aforementioned plaques were provided to the City many years ago and commemorate the jazz era.The Plaza surface would be repaired by installing the same pavers that currently exist on the Plaza. The previous owner of the Lighthouse Cafe on Pier Plaza was originally involved with commemorating jazz artists and fund raising.Since then the ownership of the Lighthouse has changed.Staff contacted the current owner to inform him of the bollards’proposed removal from Pier Plaza and relocation of the jazz plaques.He suggested that the City deliver the plaques to him for installation on the facade of the Lighthouse building for public display. Analysis: The Downtown Core Revitalization Strategy identifies removal of the granite bollards and disabled markers on the pavement,among other physical improvements to Pier Plaza,as an action which should be undertaken to complete the transformation from a street to a plaza.The Pier Avenue improvements from over a decade ago,included installation of 45 cubical bollards as parking space Hermosa Beach Printed on 3/5/2015Page 1 of 3 powered by Legistar™ File #:ID#2015-0211 improvements from over a decade ago,included installation of 45 cubical bollards as parking space and access stops,and supported the Plaza’s continued use as a street.With conversion of the space to Pier Plaza, these bollards and disabled markings are no longer necessary. Removal would also assist with operation of Pier Plaza,by removing constraints to pedestrian circulation and access to businesses;assist in optimum location of stanchions/queues where allowed,and assist with crowd control;increase choice in placement of bike racks,lighting,solid waste receptacles,signage,etc.;and generally improve the aesthetics of the Plaza.Staff notes that Council will consider the placement stanchions/queues on the Plaza as part of an examination of outdoor dining regulations in March. Of the forty-five (45) bollards, nine (9) plaques commemorating the jazz era are attached to seven (7) of them. Staff recommends that the City Council approves delivery of the plaques to Lighthouse owner for installation on the Lighthouse façade (please see Attachment 3) for public display with the following conditions: 1.The Lighthouse owner shall refurbish the plaques for reinstallation; and 2.Install the jazz plaques on the façade of the Lighthouse Café; and 3.In the event the Lighthouse owner decides to remove the plaques from the facade of the building, the plaques shall be given back to the City in their original condition. Staff recommends Council authorize the City Manager to draft and enter into an agreement with the Lighthouse owner based on the three aforementioned conditions. As an alternative location, staff has identified the wall located at the Pier head (adjacent to Schumacher Plaza, see Attachment 3), should the Lighthouse owner decide not to install the plaques on the Lighthouse Café , or should the Lighthouse owner decide to remove the plaques from the Lighthouse façade in the future. Relocating the plaques would not preclude any future relocation by the City. This early action to remove the bollards and disabled markings and remediate the pavement would not limit choices regarding Pier Plaza improvements or operations that may be identified through the process authorized by Council to implement the Pier Plaza improvements component of the Downtown Core Revitalization Strategy. Staff believes this work can be accomplished for about $15,000, pursuant to a bid process, under CIP 12-609, Downtown Strategic Plan Implementation. Any inefficiency due to segregation of this work would be extremely minimal and repair by installing the same pavers that currently exist on the Plaza would not foreclose future opportunities. Undertaking other work such as lighting fixtures, repair of pavement around tree wells, placement of tree well covers, or more extensive improvements are much more costly. Staff believes this first step Hermosa Beach Printed on 3/5/2015Page 2 of 3 powered by Legistar™ File #:ID#2015-0211 will provide an immediate and marked improvement for a low outlay. Fiscal Implications: This work can be accomplished for about $15,000, pursuant to a bid process, under existing CIP 12- 609, Downtown Strategic Plan Implementation with an approved budget of $217,415. Attachments: 1.Pier Plaza Layout identifying Bollard locations 2.Photos of Bollards, Disabled Markings and Plaques 3.Photos of areas for Relocation of Plaques Respectfully Submitted by: Homayoun Behboodi, Associate Engineer Concur: Andrew Brozyna, P.E., Director of Public Works/City Engineer Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 3/5/2015Page 3 of 3 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0252 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 TEXT AMENDMENT TO THE MUNICIPAL CODE TO MODIFY PROVISIONS RELATING TO THE DEFINITION AND STANDARDS FOR RESTAURANTS, BARS, PLACES WITH LIVE ENTERTAINMENT, AND ON-SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS INCLUDING THE FOOD TO ALCOHOL SALES RATIO AND RELATED AMENDMENTS FOR CONSISTENCY AND DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Senior Planner Pamela Townsend) Recommended Action: As recommended by the Planning Commission per Resolution 15-2, introduce and waive first reading of an ordinance amending Title 17 (Zoning) of the Municipal Code by modifying provisions relating to the definition, standards and enforcement provisions for restaurants and on-sale alcoholic beverage establishments, and determine the project is exempt from the California Environmental Quality Act. Background: On August 26, 2014, the City Council conducted a comprehensive assessment of issues relating to the operation of on-sale establishments as indicated in the Council’s Strategic Plan which identifies “Late Night Action Plan: Update, Direction” and 50/50 Policy, Conditional Use Permits, and Communicating City Actions to the Community” as a 2014 Management Agenda Top Priority in support of Goal 1, Commitment to a Safe Community and the Policy Agenda item “Downtown Core Development and Action.” As part of that assessment the Council considered whether it is acceptable for on-sale establishments permitted as “restaurants” under the Zoning Code with conditional use permits (CUPs), including some with live entertainment, to exhibit the characteristics of bars or nightclubs later in the evening well after the dinner hour. The Council also considered whether the food to alcohol sales ratio is an effective means to define, monitor or control the manner in which on-sale restaurants are operated. The Council also provided clear direction to strengthen CUP enforcement which has been accomplished with increased staffing, interdepartmental and business coordination, sociable cities assessment and comprehensive downtown planning; direction that applicable businesses must continue to timely submit food to alcohol ratio reports which has been communicated to them; and directed the Planning Commission to modify the “Process for Review of Hermosa Beach Printed on 3/5/2015Page 1 of 5 powered by Legistar™ File #:ID#2015-0252 On-Sale Alcoholic Beverage CUPs” which has been accomplished. Staff also continues to implement Council’s 23-point Late Night Action Plan adopted in 2012, updated in 2013 and reported on June 11, 2013. (As a result of increased staffing over 600 citations were issued by staff for alcohol and public nuisance related violations in 2014). The Commission considers adverse effects associated with on- sale businesses as part of the semi-annual on-sale review; the next semi-annual CUP review will held at the Planning Commission’s March 17, 2014 meeting. As relevant to this agenda item, on August 26th Council directed the Planning Commission to provide a recommendation on: ·Update the definition of restaurant to ensure the use will operate more like a bona fide restaurant, including provision to keep the kitchen open later (30 minutes/one hour prior to close). ·Keep the food to alcohol sales ratio for use as an enforcement tool if the restaurant violates its CUP or other codes (define when the ratio would be used). On December 3, 2014 and January 20, 2015 the Planning Commission held a public hearing to consider various changes to the code and adopted Resolution 15-2 recommending approval of the attached ordinance. (On November 17, 2014 the matter was continued and no staff report was provided or testimony was taken (Text 14-4). The January 20th and December 3rd Staff Reports are available at the following links along with the Minutes. December 3, 2014 Planning Commission Meeting Staff Report <http://hermosabeach.granicus.com/MetaViewer.php? view_id=6&clip_id=3522&meta_id=172603>Video <http://hermosabeach.granicus.com/MediaPlayer.php?view_id=6&clip_id=3455&meta_id=168658> The Planning Commission action was “to direct staff to notice a public hearing for a Text Amendment on January 20, 2015 to modify provisions for restaurants and food serving and food to alcohol sales ratios requirements for on-sale establishment to require restaurants open after 11:00 P.M. to make food items available, and to retain the 50/50 and 65/35 ratios as enforcement tools.” Motion by Commissioner Hoffman, seconded by Commissioner Perrotti. The motion carried by a unanimous vote. January 20, 2015 Planning Commission Meeting: Staff Report <http://hermosabeach.granicus.com/MetaViewer.php? view_id=6&clip_id=3522&meta_id=172602>Video <http://hermosabeach.granicus.com/MediaPlayer.php?view_id=6&clip_id=3522&meta_id=172601> Supplemental Information (added 1/20/15 at 4:55 p.m.) <http://hermosabeach.granicus.com/MetaViewer.php?view_id=6&clip_id=3522&meta_id=172605> Supplemental Information 1 of 2 (added 1/20/15 at 4:58 p.m.) Hermosa Beach Printed on 3/5/2015Page 2 of 5 powered by Legistar™ File #:ID#2015-0252 <http://hermosabeach.granicus.com/MetaViewer.php?view_id=6&clip_id=3522&meta_id=172606> Supplemental Information 2 of 2 (added 1/20/15 at 4:58 p.m.) <http://hermosabeach.granicus.com/MetaViewer.php?view_id=6&clip_id=3522&meta_id=172607> Supplemental Information (received on 1/20/15 at 6:02 pm) <http://hermosabeach.granicus.com/MetaViewer.php?view_id=6&clip_id=3522&meta_id=172658> Supplemental Information (received at the meeting; edited 1/26/14) Supplemental Information (received at the meeting) <http://hermosabeach.granicus.com/MetaViewer.php?view_id=6&clip_id=3522&meta_id=172666> At this meeting, the Commission considered a proposed text amendment. The Planning Commission action was to adopt the resolution recommending approval of the Text Amendment incorporating the following changes to staff proposals. The Commission also made a determination that the subject Text Amendment is categorically exempt from the California Environmental Quality Act. Motion by Commissioner Hoffman, seconded by Commissioner Perrotti; 4-1 (Allen). The Commission conducted a lengthy discussion of the definition of restaurants including: ·what criteria should apply to all restaurants versus providing additional criteria for restaurants with alcohol ·whether on-sale restaurants must be open to minors at all times since there may be times when it is not desirable to admit minors to reduce the potential for underage serving or due to the nature of the live entertainment ·whether on-sale restaurants must keep the kitchen open until close to their closing time ·whether on-sale restaurants must provide prepared food, all items on the menu, or snacks at these times, or only during customary dining hours ·whether the food to alcohol sales ratio itself should be modified ·whether the food to alcohol sales ratio should remain in the definition of a on-sale restaurant or how the food to alcohol sales ratio could be used as an enforcement As a result, the Commission made the recommendations incorporated into Resolution 15-2 in Attachment 2 and stated below. Analysis: The proposed amendment to the Municipal Code addresses Council’s direction above and concerns carefully considered by the Commission. “Restaurant” means an establishment which primarily sells prepared food. Where beer and wine are sold, a minimum of sixty-five (65) percent of the total gross sales, computed monthly, shall result from the sale of prepared food; where other alcoholic beverages, not exclusively beer and wine, are sold, a minimum of fifty (50) percent of the total gross sales, computed monthly, shall result from the sale of prepared food. The establishment shall serve either one of the following: breakfast, lunch or dinner or has a kitchen with equipment capable of serving breakfast, lunch or dinner. Hermosa Beach Printed on 3/5/2015Page 3 of 5 powered by Legistar™ File #:ID#2015-0252 Per Council direction, the revised definition of a “restaurant’ requires the use to operate like a bona fide eating place and will maintain the existing food to alcohol sales ratio in the code as an enforcement tool that can be used if the restaurant violates its CUP or other codes, etc. The Planning Commission staff report provides information on Department of Alcoholic Beverage Control rules, prior consideration of similar issues in 2007, and conditions in existing CUPs which address restaurant operations, which were also considered by the Commission. The proposed ordinance would redefine “restaurant” in Section 17.04.050 as follows; retaining but moving the food to alcohol sales ratio to the standards for on-sale restaurants in Section 17.40.080 (A) and for use as an enforcement tool: Definition proposed by Planning Commission in Section 17.040.050:"Restaurant" means an establishment (1) whose primary function is the sale or offering for sale of prepared food during all hours it is open for business, and (2) that prepares food on-site in a kitchen capable of refrigerating and preparing food from its component ingredients. Existing definition:“Restaurant” means an establishment which primarily sells prepared food. Where beer and wine are sold, a minimum of sixty-five (65) percent of the total gross sales, computed monthly, shall result from the sale of prepared food; where other alcoholic beverages, not exclusively beer and wine, are sold, a minimum of fifty (50) percent of the total gross sales, computed monthly, shall result from the sale of prepared food. The establishment shall serve either one of the following: breakfast, lunch or dinner or has a kitchen with equipment capable of serving breakfast, lunch or dinner. The conditional use permit standards in Section 17.40.080 “On sale alcohol beverage establishment” would be modified by adding a new subsection (C) which adds standards to ensure that on-sale restaurants operate like restaurants. The business must maintain information on food to alcohol sales, but this information will only be requested by the city in connection with a CUP modification/revocation hearing that is scheduled based on other violations. New subsection 17.40.080(C) proposed by Planning Commission: C.Restaurants with on-sale alcoholic beverages.Any “restaurant”as that term is defined in Section 17.04.050 that sells, serves or allows on-sale alcohol beverages shall comply with the following: 1.The restaurant shall allow entry to persons under 21 years of age during a majority of hours that the business is open for operation daily. 2.If open after 11:00 p.m.,the restaurant shall make available to customers and serve a variety of prepared food items until thirty (30) minutes prior to the close of business. 3. The restaurant shall maintain sales reports showing the actual items sold and price charged and invoices for all food, non-alcoholic beverages and alcohol beverages sold for the prior twelve (12) months. Should the Planning Commission or City Council initiate a CUP modification or revocation proceeding under Section 17.70.010, the Commission, or the City Council, may at its discretion require the subject business to provide (1) Hermosa Beach Printed on 3/5/2015Page 4 of 5 powered by Legistar™ File #:ID#2015-0252 a statement of the percentage of gross sales, computed monthly, that resulted from the sale of prepared food for not longer than the prior twelve (12) months; and (2) the supporting data upon which the percentage is based. The Planning Commission, or Council, may also require an audit of the records of the business by a certified public accountant to determine the gross sales of food and alcohol or a forensic audit by a qualified auditor selected by the city of the information and data systems by which the information is produced. The results of these audits may be used to determine whether the grounds for modification or revocation exist. When considering revocation or modification under Section 17.70.010(H), a restaurant that sells or provides on -sale alcoholic beverages will be presumed to be operating as a restaurant if the monthly food to alcohol sale ratios are consistent with the ratios in Section 17.70.010(H). In addition, Section 17.70.010 “Permits or variances may be revoked or modified” is proposed to be amended to add a new finding (H) stating that a CUP for an on-sale restaurant may be modified or revoked if the business is not operating as a restaurant because the primary function of the operation is the sale or offering for sale of alcoholic beverages and not the sale or offering for sale of food. On on-sale restaurants with beer and wine that sell 65% food, and on-sale general restaurants that sell 50% food, are presumed to be a restaurant. In this way, the food to alcohol sales ratio is maintained as an enforcement tool per Council direction. New subsection 17.70.010(H) proposed by Planning Commission: H. For a restaurant with on-sale alcoholic beverages, the business is not operating as a restaurant because the primary function of the operation is the sale or offering for sale of alcoholic beverages and not the sale or offering for sale of food. A food to alcohol sales ratio provides a quantitative tool to help evaluate whether the business is operating as a restaurant whose primary function is the sale or offering for sale of food, as opposed to a business whose primary purpose is the sale of alcoholic beverages. For purposes of determining whether this finding can be made, an on-sale restaurant that sells or provides beer and wine and maintains a minimum of sixty-five (65) percent of the total gross sales, computed monthly, from the sale of prepared food is presumed to be a restaurant. An on-sale restaurant that sells or provides alcoholic beverages, other than exclusively beer and wine, and maintains a minimum of fifty (50) percent of the total gross sales, computed monthly, from the sale of prepared food is presumed to be a restaurant. An on-sale restaurant that does not meet these percentages has the burden of demonstrating that it operates as a restaurant, as that term is defined in 17.04.050. Refusal to provide the information requested under this paragraph within sixty (60) days shall be deemed prima facie evidence that the business is not operating as a restaurant. Environmental Determination:The project is exempt from the Environmental Quality Act per Section 15061(b)(3) of Title 14 of the California Code of Regulations on the basis that the amendment is minor in nature and makes essentially administrative changes to the definition of restaurant and clarifies the manner in which on-sale establishments may operate, and which do not affect the potential, location, number, or intensity, or have the potential for any physical effects relating to these uses as the result of the project. Attachments: 1. Proposed Ordinance 2. Planning Commission Resolution 15-2 Respectfully Submitted by: Pamela Townsend, Senior Planner Concur: Ken Robertson, Community Development Director Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 3/5/2015Page 5 of 5 powered by Legistar™ 1 ORDINANCE NO. 2015-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH AMENDING THE MUNICIPAL CODE, TITLE 17 (ZONING) RELATING TO THE DEFINITION, STANDARDS AND/OR ENFORCEMENT PROVISIONS FOR RESTAURANTS AND ON-SALE ALCOHOLIC BEVERAGE ESTABLISHMENTS INCLUDING THE FOOD TO ALCOHOL SALES RATIO THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES ORDAIN AND ORDER AS FOLLOWS: SECTION 1. The definition of “restaurant” in the alphabetical list of definitions in Section 17.04.050 of Chapter 17.04 of Title 17 of the Hermosa Beach Municipal Code is amended to read as follows: "Restaurant" means an establishment (1) whose primary function is the sale or offering for sale of prepared food during all hours it is open for business, and (2) that prepares food on-site in a kitchen capable of refrigerating and preparing food from its component ingredients. SECTION 2. Section 17.40.080 of Chapter 17.40 of Title 17 of the Hermosa Beach Municipal Code is amended by adding a new subsection C to read as follows: C. Restaurants with on-sale alcoholic beverages. Any “restaurant” as that term is defined in Section 17.04.050 that sells, serves or allows on-sale alcohol beverages shall comply with the following: 1. The restaurant shall allow entry to persons under 21 years of age during a majority of hours that the business is open for operation daily. 2. If open after 11:00 p.m., the restaurant shall make available to customers and serve a variety of prepared food items until thirty (30) minutes prior to the close of business. 3. The restaurant shall maintain sales reports showing the actual items sold and price charged and invoices for all food, non-alcoholic beverages and alcohol beverages sold for the prior twelve (12) months. Should the Planning Commission or City Council initiate a CUP modification or revocation proceeding under Section 17.70.010, the 2 Commission, or the City Council, may at its discretion require the subject business to provide (1) a statement of the percentage of gross sales, computed monthly, that resulted from the sale of prepared food for not longer than the prior twelve (12) months; and (2) the supporting data upon which the percentage is based. The Planning Commission, or Council, may also require an audit of the records of the business by a certified public accountant to determine the gross sales of food and alcohol or a forensic audit by a qualified auditor selected by the city of the information and data systems by which the information is produced. The results of these audits may be used to determine whether the grounds for modification or revocation exist. When considering revocation or modification under Section 17.70.010(H), a restaurant that sells or provides on-sale alcoholic beverages will be presumed to be operating as a restaurant if the monthly food to alcohol sale ratios are consistent with the ratios in Section 17.70.010(H). SECTION 3. Section 17.70.010 of Chapter 17.70 of Title 17 of the Hermosa Beach Municipal Code is amended by adding a new subsection H to read as follows: H. For a restaurant with on-sale alcoholic beverages, the business is not operating as a restaurant because the primary function of the operation is the sale or offering for sale of alcoholic beverages and not the sale or offering for sale of food. A food to alcohol sales ratio provides a quantitative tool to help evaluate whether the business is operating as a restaurant whose primary function is the sale or offering for sale of food, as opposed to a business whose primary purpose is the sale of alcoholic beverages. For purposes of determining whether this finding can be made, an on-sale restaurant that sells or provides beer and wine and maintains a minimum of sixty-five (65) percent of the total gross sales, computed monthly, from the sale of prepared food is presumed to be a restaurant. An on-sale restaurant that sells or provides alcoholic beverages, other than exclusively beer and wine, and maintains a minimum of fifty (50) percent of the total 3 gross sales, computed monthly, from the sale of prepared food is presumed to be a restaurant. An on-sale restaurant that does not meet these percentages has the burden of demonstrating that it operates as a restaurant, as that term is defined in 17.04.050. Refusal to provide the information requested under this paragraph within sixty (60) days shall be deemed prima facie evidence that the business is not operating as a restaurant. SECTION 4. The project is exempt from the Environmental Quality Act per Section 15061(b)(3) of Title 14 of the California Code of Regulations on the basis that the amendment is minor in nature and makes essentially administrative changes to the definition of restaurant and clarifies the manner in which on-sale establishments may operate, and which do not affect the potential, location, number, or intensity, or have the potential for any physical effects relating to these uses as the result of the project. SECTION 5. This Ordinance shall become effective and be in full force and in effect from and after thirty (30) days of its final passage and adoption on __________________, 2015. SECTION 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of general circulation, and circulated in the City of Hermosa Beach in the manner provided by law. SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original Ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this _____ of ___________, 2015 by the following vote: AYES: NOES: ABSENT: 4 ABSTAIN: ______________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: _____________________________ ______________________________ City Clerk City Attorney Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0251 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 APPROVAL OF FISCAL YEAR 2015-2016 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ALLOCATIONS FOR IMPROVEMENTS IDENTIFIED IN AMERICANS WITH DISABILITIES ACT TRANSITION PLAN (Senior Planner Pamela Townsend) Recommended Action: That the City Council approves by resolution the Fiscal Year 2015-2016 CDBG Annual Planning Summary with an allocation of approximately $138,863 for retrofitting various city facilities as identified in a transition plan to comply with the Americans with Disabilities Act (ADA). Background: On January 12, 2014, the City Council approved Fiscal Year 2014-2015 CDBG allocation, totaling $66,000, for a retrofitting project involving installation of self-opening doors at the Civic Center and the Community Center. The goal is to comply with current Americans with Disabilities Act (ADA) requirements by making these public facilities readily accessible to elderly and severely disabled residents of the City and the public at large. City Council also approved up to $9,900 in funding for public service agencies pending review of agencies’ request and eligibility status; however, staff was not able to confirm eligibility for funding or reach an agreement with an organization. Although new allocations for the federal Community Development Block Grant (CDBG) program for FY 2015-16 have not yet been established by the U.S. Department of Housing and Urban Development (HUD), administrative deadlines require City adoption of the annual Planning Summary prior to start of the applicable fiscal year. The County Community Development Commission (CDC) has estimated that the City’s FY 2015-2016 allocation will be approximately $66,880. Together with $71,983, additional funding cumulated from prior years, the Council is requested recognize the estimated allocation amount for the FY 2015-2016 and available funding for public facility improvements projects to comply with the Americans with Disabilities Act. Analysis: Available CDBG funding is cumulatively estimated to be $138,863 available for FY 2015-2016 and staff is recommending allocation of this funding for ADA related retrofitting projects at various city facilities. An ADA transition plan is currently being prepared by the City and is scheduled to be completed by August 2015. A comprehensive assessment of City facilities, also including street Hermosa Beach Printed on 3/5/2015Page 1 of 2 powered by Legistar™ File #:ID#2015-0251 corner access ramps and sidewalks, for compliance with ADA requirements and how and where improvements or retrofitting are needed will be part of the transition plan findings. The City had utilized CDBG funding for various ADA related projects throughout the City in the past, including the Community Center’s theatre, main classroom building, and cafeteria building to provide accessibility within the facilities. Staff notes that due to allocation formulas, funds cannot be used for public service agency projects (such as non-profit organizations) going forward, since the minimum that can be allocated for any public service agency project is $20,000 subject to a cap of not more than 15% of the fiscal year allocation. Staff is recommending that the allocation of FY 2015-2016 funds be combined with funding from prior year for a total of approximately $138,863 to implement improvements and retrofitting projects identified in the transition plan. The Los Angeles County Community Development Commission will confirm the final allocation in mid -June 2015. Staff will return to Council for project approval with specifics locations and scope of work to be implemented based on the transition plan. Funding will not be released to City until a qualifying project has been approved by Council with required public noticing and subsequently submitted and approved by CDBG. Based on the scope of work needed and coordination with Public Works staff, specific locations and a detailed scope of work, cost estimate, project schedule and contractor bid documents will be prepared in late summer to implement the retrofitting projects. Any remaining funding not utilized at the conclusion of the retrofitting project will remain in the City’s CDBG funding account for future projects. Fiscal Implications: The projects will be funded using restricted CDBG funds and no impact to the General Fund will occur. Attachments: 1. Proposed Resolution Respectfully Submitted by: Pamela Townsend, Senior Planner Concur: Ken Robertson, Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 3/5/2015Page 2 of 2 powered by Legistar™ RESOLUTION NO. 15-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2015-2016 The City Council of the City of Hermosa Beach does hereby resolve as follows: Section 1. Los Angeles County’s Community Development Commission estimated that the City’s CDBG allocation for Fiscal Year 2015-2016 is $66,880 and $71,983 additional funding has accumulated from prior years. Section 2. The City Council, pursuant to applicable law, held a duly noticed public hearing on March 10, 2015 to consider the proposed CDBG allocation and budget, at which hearing testimony and evidence, both written and oral, was presented to and considered by the Council. Section 3. Based on the foregoing, the City Council hereby approves a proposed CDBG program budget as follows and directs staff to submit the required documentation to the Los Angeles County Community Development Commission for approval: 1. The cumulative estimated total of $138,863 through FY 2015-2016 is allocated for ADA related retrofitting projects at various city facilities identified in an ADA transition plan being prepared by the City addressing city buildings and facilities. Section 4. The City Council hereby authorizes City staff to adjust the preceding program budget as necessary to take into account the final consultation, planning and design fees for the retrofitting project and any amounts remaining unspent at the close of the fiscal year. PASSED, APPROVED and ADOPTED this _____ of ___________, 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: _____________________________ ______________________________ City Clerk City Attorney Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0221 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 CITY MANAGER BONUS (Continued from meeting of February 24, 2015) (City Attorney Mike Jenkins) Recommended Action: The City Council ad hoc negotiating committee consisting of Mayor Tucker and Councilmember Petty recommend that the City Council approve a 7% bonus for the City Manager for calendar year 2014 in the amount of $12,950. Background: Paragraph 5 of the City Manager Employment Agreement dated July 24,2012 with Tom Bakaly provides that following his performance evaluation,the City Manager is eligible to earn and receive an annual performance-based bonus in the discretion of the City Council in an amount not to exceed 7%of base salary.The issue presented is whether to award the City Manager a bonus for calendar year 2014 and if so, in what amount. The City Manager’s Employment Agreement provides for a base salary of $185,000.Prior to 2013, the City paid both the “employer portion”and the “employee portion”of every employee’s PERS retirement contribution.In December 2012,the City Council took action to require that City employees pay the 7%employee portion of the PERS contribution in return for a commensurate 7% increase in salary (the “PERS offset”)to occur in three phases over a 1 ½year period.As a result, the City Manager’s salary has been increased in phases over that period by 7%to $198,252 to offset his obligation to pay his share of the PERS contribution. The Council conducted a professionally facilitated performance evaluation of the City Manager on December 9,2014.The City Council’s ad hoc negotiating committee consisting of Mayor Tucker and Councilmember Petty recommend that the Council approve a bonus for the City Manager for calendar year 2014 of 7% of his original salary of $185,000, in the amount of $12,950. Respectfully Submitted by: Mike Jenkins, City Attorney Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Mayor Tucker and Councilmember Petty Hermosa Beach Printed on 3/5/2015Page 1 of 1 powered by Legistar™ Page 1 of 2 RESOLUTION NO. ____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING A BONUS FOR THE CITY MANAGER FOR CALENDAR YEAR 2014 The City Council of the City of Hermosa Beach does hereby resolve and order as follows: SECTION 1: Pursuant to Paragraph 5 of the City Manager Employment Agreement dated July 24, 2012, the City Council hereby approves a bonus for the City Manager for calendar year 2014 of 7% of his original salary of $185,000, in the amount of $12,950. SECTION 2: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City’s original resolutions; and make a minute of the adoption of the Resolution in the City Council’s records and the minutes of this meeting. SECTION 3: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this ____ day of _________, 2015. __________________________ Peter Tucker, Mayor ATTEST: ________________________________ Elaine Doerfling, City Clerk Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0220 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 HERMOSA BEACH CITY / SCHOOL COMPACT MEETING (Continued from meeting of February 24, 2015) (City Manager Tom Bakaly) Subject: After School Program Waitlist; Policy Review & Action Items City Council identified Support for Top Quality Schools as a high priority item in 2014. Addressing the needs for families within the community, both the Hermosa Beach City School District and the City of Hermosa Beach offer after school care for the children enrolled in the school district. However, both programs are currently at max capacity, and 50+ students remained on a wait list for 2014-2015 school year. As we commence planning for the 2015, the issue of the City’s “After School Program” waitlist continues to be unresolved. Listed below are the goals of the COMPACT Meeting for the after school program: ·Review Policy Items for School Support and define the After School Program’s role within this policy ·Identify solutions for support from both the School District and City COMPACT Subcommittee ·Advise recommendations to City Council and School Board to accommodate requests for 2015-2016 school year Recommended Action: Per the direction of the COMPACT Subcommittee, the following action items are to be executed prior to the next subcommittee meeting: ·Consideration of dividing school programs by age; younger students to attend City School District After School Program (K - 2nd grade), older students to enroll in City PARK program ·Exploring the creation of a “Joint Powers Agreement” (JPA). This could potentially provide the community with access to the School District’s facilities through many of the programs offered through the City of Hermosa Beach o COMPACT to review current JOA created and maintained by Beverly Hills; provide briefing and overview of best practices in program and explore ways to create JPA in Hermosa Beach Printed on 3/5/2015Page 1 of 2 powered by Legistar™ File #:ID#2015-0220 Hermosa Beach ·Schedule next COMPACT Subcommittee Meeting to review research and make further recommendations Summary: The Hermosa Beach City/School COMPACT Meeting agreed to further research the formation of a JPA and provide possible scenarios for the creation of one between the School District and the City of Hermosa Beach for the After School Program. Attachments: 1. AGENDA - Compact After School Program - 2.11.15 Respectfully Submitted by: Tom Bakaly, City Manager Hermosa Beach Printed on 3/5/2015Page 2 of 2 powered by Legistar™ To: Hermosa Beach City/School COMPACT Meeting From:Pat Escalante, District Superintendent Tom Bakaly, City Manager Date:February 11, 2015 Subject:After School Program Waitlist Policy Review & Action Items 1.Hermosa Beach Policy Review City Council identified Support for Top Quality Schools as a high priority item in 2014. Addressing the needs for families within the community, both the Hermosa Beach City School District and the City of Hermosa Beach offer after school care for the children enrolled in the school district. However, both programs are currently at max capacity, and 50+ students remained on a wait list for 2014-2015 school year. As we commence planning for the 2015, the issue of the City’s “After School Program” waitlist continues to be unresolved. The goals of the COMPACT Meeting today are as follows: Review Policy Items for School Support and define the After School Program’s role within this policy Identify solutions for support from both the School District and City COMPACT Subcommittee Advise recommendations to City Council and School Board to accommodate requests for 2015-2016 school year 60 (for 2014-2015) 75 (for 2015-2016) 2. COMMUNIITY SNAPSHOT: 2014 – 2015 SCHOOL YEAR AFTER SCHOOL PROGRAM Listed below are the current options for families seeking after school care for children and the challenges faced for meeting demand PROGRAM After School Day Care Program P.A.R.K. (Positive Active Recreation for Kids) Program PROGRAM FACILITATOR / LOCATION Hermosa Beach City School District City of Hermosa Beach / Managed by Parks & Recreation OFFERINGS Study sessions taught by certified teachers Provides more academic focus for children Focus on crafts and sports Student participate in games and activities, plus enjoy snacks and have homework time LOGISTICS Students are hosted at View for After School Program P.A.R.K. programs host children at the Community Center and South Park P.A.R.K. staff pick children up from Valley and View schools and walk with them to their assigned locations ENROLLMENT 57 90 children WAITLIST 4 COSTS $3650 per year (Cost $20/day plus an annual $50 registration fee) $1250 per year for five days/week (180 days in the school year) UNRESOLVED ISSUES Valley School does not offer after school care City does not currently have space for children on waitlist Transportation Challenges: having to move students from schools to offsite locations 3.POLICY ITEMS FOR REVIEW & DISCUSSION Does the community want additional after school programs for their children that focus on academics or recreation? Commitment from the City: how much budget allocation as well as staff/additional resources is the City willing to commit to accommodate the needs of families for after school programs? Can the City provide additional temporary solutions (such as trailers) and invest in these housing options to expand the P.A.R.K. program to meet demands? 4.POTENTIAL SOLUTIONS / COSTS Accommodations Capacity Costs Challenges Opportunities Temporary Trailers Trailer Rentals WAITING ON COST BREAKDOWN Costs Location to Set Up Clark Building 170 – seated 240 - unseated $20 Application fee $250 Damage Deposit $30 Hermosa Beach Residents $61 Non Residents $25 Non Profits Longstanding Jazzercise class that clears rooms @ 4:30 Trailer option could be possibility at Clark Building Rental Discussions (Kiwanis, Rotary, Miss B’s Tutoring). Limited availability at any of the above listed facilities, Only single days of the week available for after school program rentals Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0226 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 CITY COUNCIL SUBCOMMITTEES (Continued from meeting of February 24, 2015) Hermosa Beach Printed on 3/5/2015Page 1 of 1 powered by Legistar™ REORGANIZATION OF CITY COUNCIL COMMITTEE DELEGATE AND ALTERNATE APPOINTMENTS Watershed Advisory Council of Santa Monica Bay Restoration Commission Delegate Tucker (Meetings at least once a year, as called, usually afternoons at Dockweiler Youth Alternate Fangary Center, 12505 Vista del Mar, Los Angeles) Independent Cities Association Delegate Fangary (Annual winter and summer seminars for delegates) [Board members meet 2nd Thursday Alternate Barragan at 700 N. Alameda St., Los Angeles] Independent Cities Risk Management Association Delegate Strickfaden (Bimonthly - Downey) Alternate Bagnara RESOLUTION NO. 13- 6888 League of California Cities – L.A. County Division Delegate Tucker (1st Thurs. Jan./March/May - 6 p.m., locations vary, but usually Luminarias Restaurant - Monterey Park, Alternate Barragan other League/Division/committee events as called) Los Angeles County/City Selection Committee (Mayor must appoint alternate separately, each time, when unable to attend meeting) Delegate (Mayor)Tucker (as called) Metropolitan Transportation Authority City Selection Committee Delegate Tucker (as called) Alternate Barragan South Bay Cities Council of Governments (SBCCOG) Delegate DiVirgilio (4th Thurs., 6 p.m., 20285 Western Ave., Torrance) Alternate Fangary RESOLUTION NO. 15-6935 SBCCOG Steering Committee Delegate/Alternate See above (2nd Mon., 12 p.m., 20285 Western Ave., Torrance) Page 1 of 2 Appointments 11-25-14Updated 01-27-15 South Bay Cities Sanitation District (County Sanitation Districts of Los Angeles) Delegate (Mayor)Tucker Alternate Barragan (3rd Wed. - 1:30 p.m., Torrance City Hall) Southern California Association of Governments Delegate Barragan (Annual, as called) West Basin Water Association Delegate Tucker (1st Tues., 11:30 a.m., Carson Community Center) Alternate Barragan Hermosa Beach Sister City Association Delegate DiVirgilio (1st Mon. – 7 p.m., Community Center, Room 9) Alternate Barragan TEMPORARY COUNCIL SUB-COMMITTEES Beach Cities Health District Councilmember Tucker City-School District Partnership [Formed 5/28/98] Councilmember Petty Councilmember DiVirgilio Public Communications [Formed 03-13-12] Mayor Tucker Mayor Pro Tempore Barragan Special Olympics Host Town [Formed 01-27-15] Mayor Tucker Mayor Pro Tempore Barragan Page 2 of 2 Appointments 11-25-14Updated 01-27-15 Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0253 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 VACANCIES - BOARDS AND COMMISSIONS - UPCOMING EXPIRATION OF TERMS ON THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION (City Clerk Elaine Doerfling) Recommended Action: It is recommended that the City Council direct the City Clerk to advertise and request applications from interested parties for three Emergency Preparedness Advisory Commission terms that will expire May 31, 2015. Background: Three terms on the Emergency Preparedness Advisory Commission will expire May 31, 2015. These seats are currently held by Tracy Hopkins and William Hallett, both of whom have served on the Commission since their initial appointments of May 22, 2007, and Kenneth Hartley, who has served on the Commission since January 26, 2010, when he was appointed to fill an unexpired term. Appointments will be for four-year terms ending May 31, 2019. Following established procedure, this matter is being brought to the attention of the City Council for direction with regard to advertising the upcoming term expirations. The notice inviting applications for the commission seats will be placed on the City’s website, posted in the normal Civic Center locations, and published in the Easy Reader twice, on March 19 and March 26, setting an application filing deadline of Tuesday, May 5, with a report back to the City Council at its meeting of May 12 for the scheduling of applicant interviews, with appointments to be made at the meeting of May 26, 2015. Submitted by: Elaine Doerfling, City Clerk Concur: Tom Bakaly, City Manager Hermosa Beach Printed on 3/5/2015Page 1 of 1 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 File #:ID#2015-0255 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of March 10, 2015 VACANCIES - BOARDS AND COMMISSIONS - PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION UNEXPIRED TERM ENDING JUNE 20, 2017 (City Clerk Elaine Doerfling) Recommended Action: It is recommended that the City Council direct the City Clerk to advertise a Parks, Recreation and Community Resources Advisory Commission unscheduled vacancy inviting applications from persons interested in being appointed to fill an unexpired term ending June 30, 2017. Background: An unscheduled vacancy has occurred on the Parks, Recreation and Community Resources Advisory Commission due to the resignation of Dylan Lauzon (see attached letter, which was emailed to my office yesterday evening, March 4). Mr. Lauson was appointed to a four-year Commission term on July 23, 2013. His resignation is effective immediately. Pursuant to Government Code § 54974: 1)A special vacancy notice must, within 20 days of the vacancy, be posted in the City Clerk’s Office and the Library, as well as any additional locations directed by the Council (the notice will be posted Thursday, March 12); 2)Appointment to fill a special vacancy may be made no less than 10 working days after the posting of the notice in the Clerk’s Office and the Library (the earliest regular meeting for appointment would be April 14); and 3)If an emergency exists, immediate appointment may be made on an action basis only until the final appointment is made pursuant to this section (there appears to be no emergency that requires temporarily filling the vacancy this evening). In previous years, the Council has directed that advertising, for special vacancies conform to what is standard practice for regular Board/Commission vacancies (term expirations), with newspaper publications and normal posting procedures. Hermosa Beach Printed on 3/5/2015Page 1 of 2 powered by Legistar™ File #:ID#2015-0255 If the Council directs the recommended advertising, a special vacancy notice inviting applications will be placed on the City’s website, posted in the normal Civic Center locations, and sent to the Easy Reader for publication twice (March 19 and March 26), setting an application filing deadline of 6 p.m., May 5, 2015, with a report back to the City Council at its meeting of May 12 for the scheduling of applicant interviews and subsequent appointment. Attachments: 1. Letter of resignation Submitted by: Elaine Doerfling, City Clerk Concur: Tom Bakaly, City Manager Hermosa Beach Printed on 3/5/2015Page 2 of 2 powered by Legistar™ 3/10/15 CITY COUNCIL AGENDA, STUDY SESSION: ECONOMIC DEVELOPMENT SUPPLEMENTAL SLIDES SUBMITTED BY SHELLI MARGOLIN-MAYER ON 3/10/15 AT 10:45 A.M. √-Potential Tourism BID √√ √√√√√ Fostering business development – reducing barriers to entry and regulation friction Business assistance handouts Development services customer service training and process mapping New application process for business licenses Free parking during business hours Downtown 2 Hour Free Parking program in partnership with the chamber Redevelopment of properties/uses Smart parking solution, congestion pricing As part of the Downtown 2 Hour Free Parking program, a demand pricing trial program was conducted to offset the cost of the free parking Roadway beautification We are moving forward with the PCH/Aviation project Question 3 – Opportunities and Possibilities Economic Development plan Top Priority Be Business Friendly Enhance and Grow Tax Base Foster Eclectic Downtown Business Areas Revitalize Entry Corridors High Priority Attract locally engaged businesses Ensure Economic Development is Sustainable Create Destination Tourism and Attractions Reduce Business/Neighborhood Conflicts Marketing: Engage Community & Communication Economic Development plan Economic Development plan Economic Development plan New business licenses Downtown Core Strategic Plan Partnerships with the Hermosa Beach Chamber of Commerce Business assistance projects and programs Tenanting Assistance Highlights Economic Development plan Customer Service Pier & Strand Proposed Mixed-Use Hotel Development OTO Proposed Mixed-Use Hotel Development Skechers Sociable City Highlights Economic Development plan Parking Available Parking Space Signage Events Highlights Economic Development plan Near Future Projects Entry and directional signage Tourism programs Bike parking Encouraging off-season film permits Weddings on the beach Nobel Park upgrades Trolley services Supporting the smoking ban on Pier Plaza Design to retail business incubator 3/10/15 CITY COUNCIL AGENDA STUDY SESSION: SOCIABLE CITY SUPPLEMENTAL SLIDES SUBMITTED BY SHELLI MARGOLIN-MAYER ON 3/10/15 AT 10:45 A.M. Sociable City Transition from this to more of…Sociable City Sociable City Sociable City