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HomeMy WebLinkAbout06/09/15Tuesday, June 9, 2015 5:00 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 Applicant Interviews for Parks and Recreation Commission (5pm), Closed Session (6pm), and Regular City Council Meeting (7pm) Executive Team Viki Copeland, Finance Director Andrew Brozyna, Public Works Director David Lantzer, Fire Chief Diane Strickfaden, Assistant to the City Manager Ken Robertson, Community Development Director Sharon Papa, Police Chief City Clerk Elaine Doerfling City Treasurer Karen Nowicki City Attorney Mike Jenkins Tom Bakaly, City Manager June 9, 2015City Council Meeting Agenda 5:00 P.M. - APPLICANT INTERVIEWS (LOCATION: Meeting to convene in the First Floor Conference Room) CALL TO ORDER IN FIRST FLOOR CONFERENCE ROOM ROLL CALL PUBLIC COMMENT a)15-0491 INTERVIEW APPLICANTS FOR THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION Parks and Rec Commission ApplicationsAttachments: (APPOINTMENTS SCHEDULED TO BE MADE AT THE REGULAR CITY COUNCIL MEETING) ADJOURNMENT OF APPLICANT INTERVIEWS 6:00 P.M. - CLOSED SESSION (LOCATION: Meeting to convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS ROLL CALL PUBLIC COMMENT RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM a)15-0492 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title:City Attorney ADJOURNMENT OF CLOSED SESSION Page 2 Hermosa Beach Printed on 6/5/2015 June 9, 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 6/5/2015 June 9, 2015City Council Meeting Agenda CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT ANNOUNCEMENTS PROCLAMATIONS / PRESENTATIONS a)15-0490 PRESENTATION BY CHAMBER OF COMMERCE TO SCHOLARSHIP RECIPIENTS 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 6/5/2015 June 9, 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)REPORT 15-0487 CITY COUNCIL MEETING MINUTES (City Clerk Elaine Doerfling) Recommendation:To approve the following minutes 061014 adj cc draft min budget study session.docx 061014 CC mtg draft min.docx Attachments: b)REPORT 15-0493 CHECK REGISTERS (Finance Director Viki Copeland) Recommendation:To ratify check registers 05-21-15 2b(1) 05-28-15 2b(2) 05-28-15a 2b(3) 05-28-15b 2b(4) Attachments: c)REPORT 15-0488 TENTATIVE FUTURE AGENDA ITEMS Recommendation:To receive and file the tentative future agenda items. Tentative Future Agenda.docAttachments: d)REPORT 15-0482 CANCELLATION OF CERTAIN CHECKS (City Treasurer Karen Nowicki) Recommendation:To approve cancellation of certain checks as recommended by the City Treasurer e)REPORT 15-0485 FIRST AMENDMENT TO THE VOLLEYBALL POLE POP ART PROJECT LICENSE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND LEADERSHIP HERMOSA BEACH (City Manager Tom Bakaly) Recommendation:It is recommended that City Council: 1. Approve the First Amendment to the Volleyball Pole Pop Art Project license agreement with Leadership Hermosa Beach; and 2. Authorize the Mayor to Execute and the City Clerk to attest to the attached First Amendment. Amendment to LHB Agreement.doc License Agreement - Signed- Leadership HB.pdf Letter to extend agreement on month-to month basis.pdf Attachments: Page 5 Hermosa Beach Printed on 6/5/2015 June 9, 2015City Council Meeting Agenda f)REPORT 15-0481 REVISION OF PURCHASING ORDINANCE TO MODIFY THE DOLLAR THRESHOLDS FOR BIDDIING, TO ESTABLISH CITY MANAGER PURCHASING AUTHORITY FOR SERVICE CONTRACTS AND TO AMEND THE HERMOSA BEACH MUNICIPAL CODE (HBMC) (City Manager Tom Bakaly Finance Director Viki Copeland) Recommendation:It is recommended that the City Council adopt Ordinance 15-xx to modify the dollar threshold for bidding from $5,000 to $15,000 for equipment and supplies, to establish City Manager purchasing authority for contracts and to amend the HBMC. Agenda Item on Procurment Policies from May 21, 2015 SUPPLEMENTAL Procurement Threshold - Survey of Cities (added 5-19-15).pdf Ordinance 15-XX - Purchasing Ordinance Amendment 2015 Attachments: g)REPORT 15-0472 ADOPTION OF THE 2015-16 APPROPRIATIONS LIMIT (Finance Director Viki Copeland) Recommendation:It is recommended that the City Council adopt Resolution 15-xxxx setting the 2015-16 appropriations limit. Resolution Adopting 2015-16 Appropriations Limit 2105-16 Calculation of Appropriation Limit Attachments: h)REPORT 15-0498 ACCEPTANCE OF PROPERTY THAT IS CURRENTLY A PORTION OF A WALK-STREET OFFERED BY PROPERTY OWNER AT 2918 THE STRAND (Community Development Director Ken Robertson) Recommendation:To accept the attached quitclaim deed of the property used by the public as a walk-street as offered by the owner. Quitclaim Deed.pdfAttachments: Page 6 Hermosa Beach Printed on 6/5/2015 June 9, 2015City Council Meeting Agenda i)REPORT 15-0496 PARTICIPATION IN FUNDING BEACH CITIES TRANSIT (BCT) LINE 109 WITH THE CITIES OF EL SEGUNDO, MANHATTAN BEACH AND REDONDO BEACH FUNDED FROM PROPOSITION A FUNDS (Community Development Director Ken Robertson) Recommendation:It is recommended that the City Council: 1.Approve participation for two years along with the other beach cities and direct the Mayor to sign the agreement on behalf of the City; 2.Approve expenditure of $10,391 for Fiscal Year 2015-16 from Proposition A funds; and 3.Authorize the expenditure of a 10 percent increase (with up to 25 percent increase if certain conditions are met) above the 2015-2016 Fiscal Year expenditure of $10,391, final cost sharing estimate will be provide in May 2016 and included in the 2016-2017 budget. BCT Line 109 Cost Sharing Estimates for Fiscal Year 2016 revised6 2 15.pdf Transit Service Operation Agreement - RB and HB.pdf Attachments: j)REPORT 15-0479 VACCINATION SERVICES AGREEMENT (Fire Chief David Lantzer) Recommendation:Staff recommends that Council approve the Vaccination Services Agreement between the City of Hermosa Beach and Ralph's Pharmacy of Hermosa Beach and authorize the City Manager to execute the Agreement. Vaccination Provider AgreementAttachments: k)REPORT 15-0486 AWARD OF CONTRACT TO AESCO, INC. AND TWINING, INC. TO PROVIDE ON-CALL GEOTECHNICAL / MATERIALS TESTING AND INSPECTION SERVICES (Public Works Director Andrew Brozyna) Recommendation:It is recommended that the City Council: 1. Award a Professional Services Agreement (PSA) to AESCO, Inc. to provide on-call materials testing and inspection services in the not-to-exceed amount of $75,000 for three (3) years; 2. Award a Professional Services Agreement (PSA) to Twining, Inc. to provide on-call materials testing and inspection services in the not-to-exceed amount of $75,000 for three (3) years; and 3. Authorize the Director of Public Works to make changes as necessary within the approved budget. PSA to AESCO, Inc. PSA to Twining, Inc. Attachments: Page 7 Hermosa Beach Printed on 6/5/2015 June 9, 2015City Council Meeting Agenda l)REPORT 15-0483 AWARD OF CONTRACT TO HARTZOG & CRABILL, INC. AND QUANTUM CONSULTING, INC. TO PROVIDE ON CALL TRAFFIC ENGINEERING SERVICES (Public Works Director Andrew Brozyna) Recommendation:It is recommended that the City Council: 1. Award a Professional Services Agreement (PSA) to Hartzog & Crabill, Inc. in the not-to-exceed amount of $150,000 for a period of three (3) years to provide on-call traffic engineering services; 2. Award a Professional Services Agreement (PSA) to Quantum Consulting, Inc. in the not-to-exceed amount of $150,000 for a period of three (3) years to provide on-call traffic engineering services; and 3. Authorize the Director of Public Works to make changes as necessary within the approved budget. PSA for Hartzog & Crabill, Inc. PSA for Quantum Consulting, Inc. Attachments: 3. CONSENT ORDINANCES a)REPORT 15-0474 ORDINANCE NO. 15-1352 ENTITLED “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE CHANGE FROM C-2 (RESTRICTED COMMERCIAL) TO OS (OPEN SPACE) FOR TWO PROPERTIES LOCATED ON THE WEST SIDE OF BARD STREET (1309 AND THE ADJACENT LOT), LEGALLY DESCRIBED AS NE 1/2 MEASURED ON NW AND SE LINES OF LOT 11, AND NE 79.2 FEET (MEASURED ON SW LINE) OF LOT 10, TRACT 780, CITY OF HERMOSA BEACH, CALIFORNIA.” (City Clerk Elaine Doerfling) Recommendation:It is recommended that the City Council waive full reading and adopt by title Ordinance No. 15-1352. 15-1352 Zone Change-1309 Bard-draft1Attachments: 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. Page 8 Hermosa Beach Printed on 6/5/2015 June 9, 2015City Council Meeting Agenda 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a)REPORT 15-0495 ADOPTION OF 2015-2016 BUDGET (Finance Director Viki Copeland) Recommendation:It is recommended that the City Council: 1. Review revisions and corrections to the budget recommended by staff as outlined below; 2. Review the attached list of Budget Workshop Discussion Items from 5/21/15 for potential modifications to the budget; 3. Hear public testimony regarding the 2015-16 Budget; 4. Adopt Resolution 15- XXXX, approving the 2015-16 Budget; 5. Approve contracts for services contained herein. CIP - 11-537 South Park Playground Improvement 3-27 CIP - 15-607 Fire Station Renovation & Upgrades CIP Spreadsheet & Summary Budget Workshop Discussion Items Reso 15-xxxx 2015-16 Budget Adoption Complete Attachments: b)REPORT 15-0494 AMENDMENT TO THE SIGN CODE REGARDING AUTO SALES SIGNS ON PACIFIC COAST HIGHWAY AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Community Development Director Ken Robertson) Recommendation:The Planning Commission recommends extending the temporary regulation allowing exception for extended temporary signs for auto sales businesses for one additional year by adoption of the attached temporary ordinance (Attachment 1). Alternatively, introduce the attached alternative text amendment to the Municipal Code to allow auto dealer sales signs (Attachment 2). 1 - Proposed Temporary Ordinance.doc 2 - Alternative Permanent Ordinance.doc 3 - Ordinance No. 14-1347 and City Council Minutes 5-27-14.pdf 4 - Planning Commission 4-21-15 Staff Report and Resolution.pdf 5 - Sign Code Excerpts.doc 6 - Site Photos.doc Attachments: Page 9 Hermosa Beach Printed on 6/5/2015 June 9, 2015City Council Meeting Agenda 6. MUNICIPAL MATTERS a)REPORT 15-0484 RESIDENT’S REQUEST FOR ON STREET DISABLED PARKING SPACE AT 1507 GOLDEN AVENUE (Public Works Director Andrew Brozyna) Recommendation:It is recommended that the City Council approve the request for a disabled parking space at 1507 Golden Avenue. Photo of frontage with proposed improvements Public Notice Letter from resident requesting disabled parking spot 1507 Golden Ave Resident Letter 6-3-2015_Attach 4 Attachments: b)REPORT 15-0478 INITIAL REPORT REGARDING MINUTES FOR CITY COUNCIL AND CITY BOARD AND COMMISSION MEETINGS (City Clerk Elaine Doerfling) Recommendation:It is recommended that the City Council consider the information set forth below and provide direction as deemed appropriate. CCAC Committee working notes on minutes.pdf Sample of EPAC minutes.pdf Sample of Public Works Commission minutes.pdf Sample of Planning Commission minutes.pdf Sample of Parks and Rec Commission minutes.pdf Attachments: c)REPORT 15-0506 DIRECTION ON AMENDING THE MUNICIPAL CODE REGARDING VIBRATIONS FROM COMMERCIAL PROPERTIES (Community Development Director Ken Robertson) Recommendation:To direct staff as the Council deems appropriate. Recommended Changes to Noise Ordinance.docx Hermosa Beach Chapter 8.24 Noise Control.docx Manhattan Beach code re vibrations.docx Attachments: d)REPORT 15-0475 AUTHORIZATION FOR THE CITY CLERK TO VERIFY SIGNATURES UPON SUBMITTAL OF AN INITIATIVE PETITION TO PLACE ON THE NOVEMBER BALLOT A MEASURE TO RAISE THE TRANSIENT OCCUPANCY TAX (City Clerk Elaine Doerfling) Recommendation:It is recommended that the City Council consider authorizing the City Clerk to verify signatures upon submittal of an initiative petition to place on the November 3, 2015 ballot a measure to raise the Transient Occupancy Tax (TOT) from 10% to 12%. Page 10 Hermosa Beach Printed on 6/5/2015 June 9, 2015City Council Meeting Agenda e)REPORT 15-0476 FIXING THE COMPENSATION OF THE CITY CLERK FOR THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 3, 2015 (City Clerk Elaine Doerfling) Recommendation:It is recommended that the City Council adopt the attached resolution fixing the additional compensation to be received by the City Clerk throughout the November election period, commencing June 16 and ending November 15, 2015. Reso for Clerk's election compAttachments: 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a)REPORT 15-0480 DOWNTOWN CORE STRATEGIC PLAN UPDATE (Economic Development Officer Shelli Margolin-Mayer) Recommendation:Receive and file this report. DowntownParkingConceptMasterPlan.pdf CommunityCenterParkingStructurePhases.pdf Implementation Timeline Table.docx Downtown Core Revitalization Strategy Accepted 2-24-2015.pdf Principles and Guidelines.pdf Downtown Plan 5-19.pdf Attachments: b)REPORT 15-0507 CIP 11-537 SOUTH PARK PHASE I IMPROVEMENTS-PLAYGROUND REMODEL PROJECT UPDATE - CHANGES TO PLAYGROUND (Public Works Director Andrew Brozyna) Recommendation:It is recommended that the City Council receive and file this report and through the adoption of the budget: 1. Authorize an additional appropriation of $200,000 ($79,353 from the General Fund, $69,611 from the Park/Recreation Facility Tax Fund, and $51,036 from the Equipment Replacement Fund) for the installation of rubberized surfacing at portions of the playground at South Park and to equip the playground with inclusive play equipment. c)REPORT 15-0489 STRATEGIC PLAN ACTION AGENDA QUARTERLY UPDATE (Management Analyst Nico De Anda-Scaia) Recommendation:That the City Council receive and file the Revised Action Agenda submitted by staff. Strategic Plan and Action Agenda Tracking 6-2015.pdfAttachments: Page 11 Hermosa Beach Printed on 6/5/2015 June 9, 2015City Council Meeting Agenda 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a)REPORT 15-0477 VACANCIES - BOARDS AND COMMISSION PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION APPOINTMENTS TWO TERM EXPIRATIONS ON JUNE 30, 2015 ONE UNEXPIRED TERM ENDING JUNE 30, 2017 (City Clerk Elaine Doerfling) Recommendation:It is recommended that the City Council appoint from among the applicants interviewed this evening to fill (1) two four-year terms ending June 30, 2019; and (2) one unexpired term ending June 30, 2017. Parks and Rec Commission Applications.pdfAttachments: 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 12 Hermosa Beach Printed on 6/5/2015 Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report15-0491 Honorable Mayor and Members of the Hermosa Beach City Council Adjourned Regular Meeting of June 9, 2015 INTERVIEW APPLICANTS FOR THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION Attachments: Applications: Joey Farrales, Craig Greely, Maureen Ferguson Lewis, Mark Paaluhi, Jeff Raedy, Isabel Rodriguez, Robert Rosenfeld, and Les Thompson Hermosa Beach Printed on 6/4/2015Page 1 of 1 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report15-0492 Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of June 9, 2015 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title:City Attorney Hermosa Beach Printed on 6/4/2015Page 1 of 1 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report15-0490 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 PRESENTATION BY CHAMBER OF COMMERCE TO SCHOLARSHIP RECIPIENTS Hermosa Beach Printed on 6/4/2015Page 1 of 1 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0487 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 CITY COUNCIL MEETING MINUTES (City Clerk Elaine Doerfling) Recommended Action: To approve the following minutes Attachments: 1.Draft Minutes of the Adjourned Regular meeting held on June 10, 2014; and 2.Draft Minutes of the Regular meeting held on June 10, 2014 Approved: Elaine Doerfling, City Clerk Hermosa Beach Printed on 6/4/2015Page 1 of 1 powered by Legistar™ City Council Minutes 06-10-14 Page 13995 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, June 10, 2014, at the hour of 5:10 p.m. ROLL CALL: Present:Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio Absent:None STUDY SESSION ON THE FISCAL YEAR 2014-15 BUDGET.Memorandum from Finance Director Viki Copeland dated June 2, 2014. Two supplemental memoranda from Director Copeland received June 10, 2014. 1. Sewer System, Upgrade and/or Possible Annexation to County Presentation by Jeff Cooper, PENCO Jeff Cooper, PENCO Engineering, presented the sewer study prepared by his firm, which covered agency interviews, a sewer fee review of adjacent cities, a meeting with the County, and a sewer service charge study. He then responded to Council questions. Public Works Director Frank Senteno and City Manager Tom Bakaly also responded to Council questions. Council discussion focused on overall policy direction and guidelines relating to the future of the City’s sewer system. Areas of discussion included: Financing options (including institution of sewer fees) for maintaining and upgrading the sewers; Methods of calculations for such sewer fees; Cost of required sewer upgrades if annexation takes place; County requirement to upgrade from 6” to 8” pipes if annexation occurs; and Pros and cons of annexation. Action: To direct staff to return with recommendations on the feasibility of keeping City sewer operations and maintenance “in-house,” including preliminary sewer fee structure options. Motion Tucker, second Fangary. The motion carried by a unanimous vote. 2. Review of 5-Year Capital Improvement Plan Public Works Director Senteno presented the report and responded to Council questions. City Manager Bakaly also responded to Council questions. Areas of discussion Included: The need for an 8th Street Safe Route to School project; Additional funding for the street re-pavement program; and Improved traffic light efficiency, particularly at Hermosa and Pier Avenues. City Council Minutes 06-10-14 Page 13996 By consensus, remaining discussions were postponed to follow public testimony at this evening’s hearing scheduled as item 5a on the Regular meeting agenda. ADJOURNMENT - The Adjourned Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, June 10, 2014, at the hour of 6:47 p.m., to the Regular meeting of the same date, scheduled to begin at 7:00 p.m. _______________________________ City Clerk City Council Minutes 06-10-14 Page 13997 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held Tuesday, June 10, 2014, at the hour of 7:10 p.m. PLEDGE OF ALLEGIANCE – UCLA student Adrian Salazar ROLL CALL: Present:Barragan, Fangary, Petty, Tucker, Mayor DiVirgilio Absent:None CLOSED SESSION REPORT – None ANNOUNCEMENTS – Councilmember Fangary said the AES project discussion had been rescheduled to the July 22 meeting, and urged the public to attend. Councilmember Barragan welcomed the UCLA students to the meeting. She then announced a “Beach Cities Community Council Symposium on Underage Drinking” town hall meeting at 6-8 p.m. June 25, in the Community Theatre; and requested a Council vote this evening on having the City co-host the event. City Attorney Jenkins responded to Council questions. Action: To add to tonight’s agenda, as Municipal Matter 6.b., Council consideration of having the City co-host the symposium with Behavioral Health Services, Inc., based on the findings that the issue arose after the posting of the agenda and requires immediate action. Motion Barragan, second Tucker. The motion carried by a unanimous vote. Mayor pro tem Tucker said he attended the Beach Cities Watershed Management Planning Outreach Meeting held May 29 in Council Chambers. He then thanked Hermosa resident Dan Marinelli and Assistant to the City Manager Diane Strickfaden for their work at placing the “Go Kings Go!” banner at the Community Center. PROCLAMATIONS/PRESENTATIONS P.O.P. ART INSTALLATION PROJECT UPDATE PRESENTED BY LEADERSHIP HERMOSA BEACH Glen Payne and Evan Koch gave a PowerPoint presentation on the project, unveiled Sunday, May 18, showcasing 46 local artists celebrating Hermosa’s healthy lifestyle and eclectic nature; cited the sponsors; and thanked the Council for its support. CAL WATER UPDATE Henry Wind, California Water Service District Manager, gave a PowerPoint presentation outlining current conservation goals, programs available to both residents and businesses, and outreach efforts, noting that additional information is available online at www.calwater.com. City Council Minutes 06-10-14 Page 13998 COMMUNITY CHOICE AGGREGATON AND OTHER ALTERNATIVE ENERGY STRATEGIES FOR THE CITY OF HERMOSA BEACH AND SOUTH BAY CITIES REPORT – UCLA ENVIRONMENTAL SCIENCE PRACTICUM PROJECT UCLA students Jessi Hampton, Jonathan Ho, Jessica Leigh, David Limjoco, Steven Odom, Francis Villanueva, and Adrian Salazar gave a PowerPoint presentation of their practicum project, “The City of Hermosa Beach: Assessing Community Choice Aggregation,” which assessed alternative energy strategies. They detailed options to reduce the City’s emissions; described local power aggregation; presented rate comparisons of different programs available to residents/businesses; presented arguments for creating a Joint Powers Association; shared available options in the event AB2145 passes, and outlined steps to form a Community Choice Aggregation. Juan Matute, their advisor, said this presentation will also be given at the South Bay Cities Council of Governments meeting on June 18. Mayor DiVirgilio presented Mr. Matute and his students a Certificate of Commendation, along with City pins, and acknowledged Senior Planner Pamela Townsend for her leadership on this project. PUBLIC PARTICIPATION: 1.ORAL AND WRITTEN COMMUNICATIONS Coming forward to address the Council at this time were: Joe Galliani – South Bay Climate 350 Action Group/Torrance resident, spoke in support of Community Choice Aggregation; Jacoby VanderVlis – Hermosa Beach, voiced concerns about mosquitoes at Clark Stadium and no handicap access or handrails at the snack bar; Jeff Duclos – Hermosa Beach, urged Council to oppose passage of AB2145; urged expert promotion of Hermosa’s distinguishing characteristics; Sam Perrotti – Hermosa Beach, announced the 11th annual ArtWalk on June 14-15, from 10 a.m. to 5 p.m., on the Community Center front lawn; Elmita Brown/Lydia Wang – Hermosa Beach Library Manager/Adult Services Manager, respectively, spoke of upcoming events including the June 21 kickoff of the Summer Reading Program, a Mexican Food Cooking Program on July 12 at 2 p.m., and the Paws to Read program; Manny Lares – Behavioral Health Services in Gardena, acknowledged the City’s efforts to help end underage drinking in Hermosa; Craig Cadwallader – South Bay Climate 350 Action Group, said clean energy practices save money; supported Community Choice Aggregation; Tom Morley – Redondo Beach, asked that items 2(f) and 4(b) be pulled from the Consent Calendar; Sal Longo – Hermosa homeowner and owner of Suzy's Bar & Grill, asked the Council to lift the moratorium on liquor sales in the hill section; and Bob Atkins – Hermosa Beach, described how he was the victim of alleged harassment by Hermosa Police Officer Landon Phillips; City Council Minutes 06-10-14 Page 13999 (a)Supplemental letter from Jon Furgison dated June 8, 2014 regarding opposition to paving over portions of Valley Park. No one came forward to address the Council on this matter. Action: To receive and file the letter. Motion Tucker, second Petty. The motion carried by a unanimous vote. 2.CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (g) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: 2(c) and (g) Fangary; 2(f) Petty. Motion Tucker, second Petty. The motion carried by a unanimous vote. (a)RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: 1) Minutes of the Adjourned Regular meeting held on January 29, 2014; and 2) Minutes of the Adjourned Regular meeting held on February 11, 2014. Action: To approve as presented the minutes of the City Council’s Adjourned Regular meetings of January 29, 2014 and February 11, 2014. (b)RECOMMENDATION TO RATIFY CHECK REGISTERS AND APPROVE CANCELLATION OF CERTAIN CHECKS AS RECOMMENDED BY THE CITY TREASURER. 1)May 22, 2014: Nos. 46490, 52014, 73885 through 73930, and 201405 2)May 29, 2014: Nos. 73931 through 73967, and 20140529; and CANCELLATION OF CHECKS: Nos. 73907 and 73916 Action: To ratify the check registers as presented, and approve the cancellation of certain checks, as recommended by the City Treasurer. (c)RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. This item was pulled by Councilmember Fangary for separate discussion later in the meeting. Action: To receive and file Tentative Future Agenda Items. Motion Fangary, second Barragan. The motion carried by a unanimous vote. (d)RECOMMENDATION TO RECEIVE AND FILE THE APRIL 2014 FINANCIAL REPORTS: 1) Revenue and Expenditure report; 2) Cash Balances report; and 3) City Treasurer’s report. Action: To receive and file the April 2014 Financial Reports. City Council Minutes 06-10-14 Page 14000 (e)RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY’S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Assistant to the City Manager Diane Strickfaden dated May 19, 2014. CLAIMANT:ALVAREZ, MARTHA DATE OF LOSS:05-21-14 DATE FILED:05-27-14 ALLEGATION:HARASSMENT Action: To deny the above-noted claim and refer it to the City’s Liability Claims Administrator, as recommended by staff. (f)RECOMMENDATION TO AUTHORIZE AN ADDITIONAL $55,000 FOR OIL DEVELOPMENT AGREEMENT (DA) LEGAL SERVICES WITH STOEL RIVES LLP, INCREASING PAYMENT FROM $20,000 TO $75,000. Memorandum from City Manager Tom Bakaly dated June 03, 2014. At the request of Tom Morley, Councilmember Petty removed this item for separate discussion later in the meeting. Action: To authorize an additional $55,000 for Oil Development Agreement (DA) Legal Services with Stoel Rives, LLP, increasing the payment from $20,000 to $75,000. Motion Fangary, second Barragan. The motion carried by a unanimous vote. (g)RECOMMENDATION TO REJECT ALL BIDS REGARDING CIP PROJECT NO. 12-153 HERMOSA BEACH FIRE DEPARTMENT EMERGENCY HYBRID BEACON INSTALLATION AND DIRECT STAFF TO ISSUE A NEW “NOTICE INVITING BIDS” FOR THE PROJECT. Memorandum from Public Works Project Manager G. Daniel Ojeda dated June 05, 2014. Councilmember Fangary removed this item for separate discussion later in the meeting. Public Works Director Senteno, City Manager Bakaly, and City Attorney Jenkins responded to Council questions. Action: To reject all bids regarding CIP Project No. 12-153 Hermosa Beach Fire Department Emergency Hybrid Beacon Installation and direct staff to issue a new “Notice Inviting Bids” for the Project. Motion Petty, second Tucker. The motion carried by a unanimous vote. At 8:36 p.m., the order of the agenda moved to item 5a. 3.CONSENT ORDINANCES – None City Council Minutes 06-10-14 Page 14001 4.ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2(c), (f), (g) were heard at this time but are shown in order for clarity. Public comments on items removed from the Consent Calendar are shown under the appropriate item. (a)RECOMMENDATION TO RATIFY CHECK REGISTER OF MAY 15, 2014. (Continued from meeting of 5/27/14) This item was continued to the next meeting. (b)RECOMMENDATION TO APPROVE AN AMENDMENT TO CONTRACT TO PROVIDE PROFESSIONAL SERVICES FOR HISTORICAL RESOURCES CONSULTING WITH PCR SERVICES CORP. - EXTENDING TERM AND MODIFYING COMPENSATION RATES; AND DIRECT THE CITY MANAGER TO EXECUTE SAID AMENDMENT. (Continued from meeting of 5/27/14) Memorandum from Community Development Director Ken Robertson dated May 20, 2014. This item was continued to the next meeting. (c)RECOMMENDATION TO APPROVE 2014 SPECIAL EVENTS CALENDAR AND RECEIVE AND FILE UPDATE REGARDING DISCOVERY CHANNEL FIN FEST EVENT PARKING PLAN. (Continued from meeting of 5/27/14) Memorandum from Assistant to the City Manager Diane Strickfaden dated June 10, 2014. This item was continued to the next meeting. (d)RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. (Continued from meeting of 5/27/14) Memorandum from Public Works Director Frank Senteno dated May 15, 2014. Action: To receive and file the report giving the status of capital projects that are either under design or construction as of April 30, 2014. Motion Barragan, second Petty. The motion carried by a unanimous vote. (e)RECOMMENDATION TO RECEIVE AND FILE MEMORANDUM FROM PUBLIC WORKS DIRECTOR FRANK SENTENO DATED JUNE 2, 2014 REGARDING THE REQUEST FOR A DISABLED PARKING SPACE AT 823 MONTEREY BOULEVARD. (Continued from meeting of 5/27/14) Action: To receive and file the memorandum from Public Works Director Senteno dated June 2, 2014 regarding the request for a disabled parking space at 823 Monterey Boulevard. Motion Petty, second Tucker. The motion carried by a unanimous vote. City Council Minutes 06-10-14 Page 14002 At 12:25 a.m., the order of the agenda returned to item 5a. 5.PUBLIC HEARINGS a.2014-2015 BUDGET.(Continued from Budget Workshop of May 22, 2014 and Study Session of June 10, 2014) Memorandum from Finance Director Viki Copeland dated June 2, 2014. Two supplemental memoranda from Director Copeland, both dated June 10, 2014. Sewer Study Presentation from Public Works Director Senteno received June 10, 2014. Finance Director Copeland presented the staff report and responded to Council questions. City Manager Bakaly, Public Works Director Senteno and Police Chief Papa also responded to Council questions. The public hearing opened at 9:07 p.m. Coming forward to address the Council on this item was: Tom Morley – Redondo Beach, wanted clarification on multiple Tyco funds; said protecting tidelands from pollution should be prioritized. The public hearing closed at 9:10 p.m. Council discussion ensued, with questions/comments on items including: (1) sewer upgrade/maintenance costs/funding options; (2) a transient occupancy tax increase (which would require voter approval); (3) increasing street re- pavement funding to accelerate needed repairs; funding options to fast-track an 8th Street Safe Route to School project; savings to cover oil debt (dependent on the outcome of the election). The meeting recessed at 10:22 p.m. The meeting reconvened at 10:40 p.m., at which time, due to the lateness of the hour, the Council changed the order of the agenda to move to item 6a, followed by item 4. After another recess at 12:17 a.m., the meeting reconvened at 12:25 a.m., continuing with item 5a. Action: To continue the current policy of maintaining a balance of $3,000,000 in the insurance fund, with direction to staff to return at the mid-year budget evaluation with a proposal for earmarking money in excess of that target amount for sewer repairs at the discretion of the Council. Motion Petty, second Tucker. The motion carried, noting the dissenting vote of Fangary. Further Action: It was the consensus of the Council to direct that the joint study session with the Planning Commission scheduled for June 18 be changed from 6 p.m. to 7 p.m., with an additional Council meeting at 5 p.m. to handle the agenda items that were continued this evening. At 1:14 a.m., the order of the agenda moved to item 6b. City Council Minutes 06-10-14 Page 14003 6.MUNICIPAL MATTERS a.STATUS REPORT ON E&B’S PROPOSED OIL DRILLING AND PRODUCTION PROJECT AND POSSIBLE DIRECTION TO SUBCOMMITTEE REGARDING NEGOTIATION OF THE DEVELOPMENT AGREEMENT. Memorandum from Community Development Director Ken Robertson dated June 4, 2014. Two supplemental letters received from Tom Morley, dated May 29, 2014 and June 10, 2014. Community Development Director Robertson presented the staff report and responded to Council questions. City Manager Bakaly and City Attorney Jenkins also responded to Council questions. Michael Mills, the City’s oil and gas attorney, was called forward to respond to Council questions. Coming forward to address the Council on this item were: Tom Morley – Redondo Beach, suggested that the City’s oil and gas attorney assess whether advances can be paid out of the Tidelands Trust; Brett Strong – E&B oil and gas attorney, said he looked forward to working with the City on the Development Agreement; and Mike Finch – E&B representative, spoke of the continuing negotiations on the Development Agreement. Action: To direct the City’s oil and gas attorney to engage in an evaluation of whether the advances identified in the Cost Benefit Analysis can be paid out of Tidelands Trust funds. Motion Petty, second Barragan. The motion carried by a unanimous vote. At 11:55 p.m., the order of the agenda moved to the three items removed this evening from the consent calendar, beginning with 2(c), followed by all of the items appearing on the agenda under item 4. b.CONSIDERATION OF HAVING THE CITY CO-HOST, WITH BEHAVIORAL HEALTH SERVICES, INC., THE WEDNESDAY, JUNE 25, BEACH CITIES COMMUNITY COUNCIL SYMPOSIUM ON UNDERAGE DRINKING TOWN HALL MEETING FROM 6 P.M. TO 8 P.M. AT THE HERMOSA BEACH COMMUNITY THEATRE.(This item was added to the agenda earlier in the meeting due to its time-sensitive nature by a 4-1 Council vote) Police Chief Sharon Papa (event headliner) responded to Council questions. Action: To agree to have the City co-host, with Behavioral Health Services, Inc., the June 25 “Beach Cities Community Council Symposium on Underage Drinking” town hall meeting at 6-8 p.m. in Hermosa’s Community Theatre. Motion Barragan, second Tucker. The motion carried by a unanimous vote. City Council Minutes 06-10-14 Page 14004 7.MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a.UPDATE ON POLICE DEPARTMENT PLANNING PROCESS FOR JULY 4, 2014. Memorandum from Police Chief Sharon Papa dated June 3, 2014. Police Chief Papa presented the staff report and responded to Council questions. No one came forward to address the Council on this item. Action: It was the consensus of the Council to receive and file this report. b.CITY COUNCIL MEETING MANAGEMENT DISCUSSION. Memorandum from City Manager Tom Bakaly dated June 3, 2014.Supplemental letters from Michael Keegan and F.O. Huebscher, both received June 10, 2014. Supplemental draft speaker card received from City Clerk Doerfling June 10, 2014. This item was continued to the next meeting. c.CONSIDERATION OF WHETHER CITY COUNCIL SHOULD CANCEL ITS AUGUST 12, 2014 REGULAR CITY COUNCIL MEETING INSTEAD OF ITS AUGUST 26, 2014 ADJOURNED REGULAR CITY COUNCIL MEETING. This item was continued to the next meeting. 8.MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a.VACANCIES – BOARDS AND COMMISSIONS – CIVIL SERVICE BOARD TERM EXPIRATION ON JULY 15, 2014, AND UNEXPIRED TERM ENDING JULY 15, 2015. Memorandum from City Clerk Elaine Doerfling dated June 4, 2014. This item was continued to the next meeting. 9.OTHER MATTERS - CITY COUNCIL – None ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned Wednesday, June 11, 2014, at the hour of 1:37 a.m., to the City’s Annual Employee Awards Party at 6:15 p.m., June 12, 2014, at the Clark Building, to be followed on June 18, 2015 by an Adjourned Regular meeting at 5 p.m., and a joint Study Session with the Planning Commission on the same date at 7 p.m. _______________________________ ________________________________ City Clerk Deputy City Clerk Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0493 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 CHECK REGISTERS (Finance Director Viki Copeland) Recommended Action: To ratify check registers Attachments: 1.Check Register 5-21-15 2.Check Register 5-28-15 3.Check Register 5-28-15a 4.Check Register 5-28-15b Approved: Viki Copeland, Finance Director Hermosa Beach Printed on 6/4/2015Page 1 of 1 powered by Legistar™ 05/21/2015 Check Register CITY OF HERMOSA BEACH 1 5:23:18PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 77826 5/21/2015 16513 4IMPRINT 3925136 Fiesta Hermosa Giveaways/Table Runner 001-3302-4309 1,234.72 Total : 1,234.72 77827 5/21/2015 00321 A T AND T 248 134-9454 PD/Computer Hookups/May15 001-2101-4304 27.37 310 796-6526 PD/Backup Circuit Billing/May15 001-2101-4304 116.61 331 254-6071 PD/Circuit Billing/May15 001-2101-4304 58.13 333 267-6155 PD/Circuit Billing/May15 001-2101-4304 189.89 333 267-6160 PD/Circuit Billing/May15 001-2101-4304 59.94 333 267-6161 PD/Circuit Billing/May15 001-2101-4304 59.94 333 267-6164 PD/Circuit Billing/May15 001-2101-4304 51.11 333 267-6165 PD/Circuit Billing/May15 001-2101-4304 51.11 Total : 614.10 77828 5/21/2015 06349 ACTIVE NETWORK LLC 4100096313 Class Maintenance/Support Renewal Jul14 001-4601-4201 696.00 Total : 696.00 77829 5/21/2015 11437 ADMINISTRATIVE SERVICES CO OP 323390 Taxi Voucher Program - Mar15 145-3404-4201 6,577.85 Total : 6,577.85 77830 5/21/2015 06827 ALL CITY MANAGEMENT 39236 Crossing Guard Service/4.26.15-5.9.15 001-2102-4201 5,499.00 Total : 5,499.00 77831 5/21/2015 12275 APWA SOUTHERN CA CHAPTER 100 Train/Pub Works Mod 2/J. Cordova 001-4202-4315 399.00 1Page: 05/21/2015 Check Register CITY OF HERMOSA BEACH 2 5:23:18PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 399.00 77831 5/21/2015 12275 APWA SOUTHERN CA CHAPTER 77832 5/21/2015 09366 AQUA FLO 767342 Irrigation Supplies/May15 001-6101-4309 496.24 Total : 496.24 77833 5/21/2015 18891 ASCENT ELEVATOR SERVICES, INC 5906 ElevateMaint/CityHall/ParkStruct/Apr15 001-3304-4201 136.00 001-4204-4201 136.00 6050 ElevateMaint/CityHall/ParkStruct/May15 001-3304-4201 136.00 001-4204-4201 136.00 Total : 544.00 77834 5/21/2015 13361 AT&T MOBILITY 287016141723X0514201 PW/Engineers/Cell Phone Usage/Apr15 001-4202-4304 230.83 Total : 230.83 77835 5/21/2015 16660 ATHENS SERVICES HB4040180415-1 CITYWIDE SWEEPING & CLEANING/APR15 001-3104-4201 13,696.15 001-3304-4201 1,257.64 001-6101-4201 1,341.00 001-3301-4201 5,427.67 HB4040180415-2 CITYWIDE SWEEPING & CLEANING/APR15 001-3104-4201 1,219.81 001-3301-4201 4,205.88 001-3304-4201 190.00 Total : 27,338.15 77836 5/21/2015 03462 ATWELL, PRISCILLA BACON 06580 Additional Election Clerk Pay 001-1121-4251 80.00 Total : 80.00 77837 5/21/2015 17271 BARROWS, PATRICK 06480 Instruct Pmt 5417/19/22/25/34-40/51-53 001-4601-4221 3,965.50 Total : 3,965.50 77838 5/21/2015 12387 BARTEL ASSOCIATES LLC 15-258 OPEB Actuarial Valuation/Apr15 2Page: 05/21/2015 Check Register CITY OF HERMOSA BEACH 3 5:23:18PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 77838 5/21/2015 (Continued)12387 BARTEL ASSOCIATES LLC 001-1203-4201 3,950.00 Total : 3,950.00 77839 5/21/2015 19012 BELL, JOHN 06469 Citation Refunds 001-3302 96.00 Total : 96.00 77840 5/21/2015 14647 BELL, MICHAEL 4667 Chairs/Surfer's Walk of Fame Ceremony 001-2130 440.00 Total : 440.00 77841 5/21/2015 19248 BLACK, CATHERINE M 06628 Additional Election Clerk Pay 001-1121-4251 80.00 Total : 80.00 77842 5/21/2015 00163 BRAUN LINEN SERVICE 1249007 Prisoner Laundry/May15 001-2101-4306 61.59 Total : 61.59 77843 5/21/2015 18645 BRENDLE GROUP 2508 Econ Assess/Carbon Neutral/Apr15 001-1201-4201 5,316.25 Total : 5,316.25 77844 5/21/2015 14097 BRITTAIN, JANICE 06578 Additional Election Inspector Pay 001-1121-4251 100.00 Total : 100.00 77845 5/21/2015 09614 BROMBERG, GEORGE 50815 300&500' Notice/May 19th Plan Comm Meet 001-4101-4201 2,499.00 Total : 2,499.00 77846 5/21/2015 14236 BROWN, DENNIS 06604 2014 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 77847 5/21/2015 00034 BUSINESS SYSTEMS CORP 297825 2500 EVIDENCE TAGS 001-2101-4305 243.50 3Page: 05/21/2015 Check Register CITY OF HERMOSA BEACH 4 5:23:18PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 243.50 77847 5/21/2015 00034 BUSINESS SYSTEMS CORP 77848 5/21/2015 14701 CAL PLANNING AND DEV REPORT 06545 Robertson/Subscrip#3310/FY15/16 001-1550 238.00 Total : 238.00 77849 5/21/2015 19256 CAMPBELL, LINDA J 06619 Additional Election Clerk Pay 001-1121-4251 80.00 Total : 80.00 77850 5/21/2015 10838 CANON BUSINESS SOLUTIONS, INC 4015872450 Copier Usage/3rd Qtr 715-1208-4201 1,903.84 715-3302-4201 25.93 715-4601-4201 0.90 715-2201-4201 59.00 Total : 1,989.67 77851 5/21/2015 19329 CERDA, ROGELIO 06529 Citation Refund 001-3302 53.00 Total : 53.00 77852 5/21/2015 16167 CIVIL SOURCE INC 1017-0478-2 City Bldgs Condition Assess/Apr15 001-8664-4201 71,806.40 Total : 71,806.40 77853 5/21/2015 09694 CLEAN ENERGY CD11745196 Compressed Natural Gas/May15 715-4204-4310 36.03 715-4202-4310 33.08 715-4201-4310 32.85 Total : 101.96 77854 5/21/2015 18409 COMMONWEALTH CTR FOR HPO INC 150506-5TG Dept Head Retreat/High-Perform Orgs 001-1201-4201 7,104.63 Total : 7,104.63 77855 5/21/2015 09436 COMPLETES PLUS 06609 Train/A/C Servicing/T. Hanaoka 001-4202-4317 95.00 4Page: 05/21/2015 Check Register CITY OF HERMOSA BEACH 5 5:23:18PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 95.00 77855 5/21/2015 09436 COMPLETES PLUS 77856 5/21/2015 00022 COPY SHOP, THE 43009 Finance Staff Poster 001-1202-4305 70.85 Total : 70.85 77857 5/21/2015 00879 COUNTY OF LOS ANGELES RE-PW-15050707864 Artesia Blvd Median Maint/Apr15 001-3104-4251 355.63 Total : 355.63 77858 5/21/2015 18904 COX COMMUNICATIONS, INC.11266 Subpoena Records 001-2101-4305 200.00 Total : 200.00 77859 5/21/2015 18641 CTR PRIORITY BASED BUDGETING INV 0515.05 Prof Svc & Exp/Priority Budget/May15 001-1202-4201 7,000.00 Total : 7,000.00 77860 5/21/2015 14171 DAVOODIAN, MICHAEL 110814 FY 15/16 Prelminary Budget Books 001-1202-4305 4,298.75 Total : 4,298.75 77861 5/21/2015 15143 DISNEY STUDIOS MOTION PICTURES, WALTReserve ID 556913280 Valley Park Summer Day Camp Excursion 001-1550 910.00 Total : 910.00 77862 5/21/2015 19325 DOMINGUEZ, DEAN 06556 Termite/Wood Damage Inspect/FD 001-4204-4201 225.00 Total : 225.00 77863 5/21/2015 14210 DROZ, JOSHUA 06569 Train/Meal Reimb/Traffic Collision 001-2101-4317 60.00 Total : 60.00 77864 5/21/2015 00122 DUNCAN PARKING TECHNOLOGIES CSBAP000267 Autocite Parking Citations/Mar15 001-1204-4201 4,260.05 Total : 4,260.05 5Page: 05/21/2015 Check Register CITY OF HERMOSA BEACH 6 5:23:18PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 77865 5/21/2015 00122 DUNCAN PARKING TECHNOLOGIES DPT022303 Wireless Services/Handhelds/May15 001-3302-4201 680.00 DPT022320 Autotrax 001-3302-4201 47.00 001-3305-4201 188.00 001-3304-4201 423.00 DPT022372 Liberty Meter Autotrax 001-3302-4201 1,487.50 Total : 2,825.50 77866 5/21/2015 19257 EGGERT, CYNTHIA A 06636 Additional Election Clerk Pay 001-1121-4251 80.00 Total : 80.00 77867 5/21/2015 19335 ELDER, JOHN I 06598 2014 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 77868 5/21/2015 06293 FEDEX KINKOS INC 101600008654 Hermosa Five-O Events Sign 001-4601-4328 78.48 Total : 78.48 77869 5/21/2015 08422 FIRE INFORMATION SUPPORT SERV 1090 Install FireRMS on New Workstation 001-2201-4201 300.00 Total : 300.00 77870 5/21/2015 09692 FRILOT, MIKE 06573 Training/Meal Reimb/Intern Affair Inv 001-2101-4312 150.00 Total : 150.00 77871 5/21/2015 01320 GALLS LONG BEACH UNIFORM CO BC0151755 UNIFORMS/MARK SMUTS/PD 001-2101-4314 657.37 Total : 657.37 77872 5/21/2015 08652 GAROFANO, MICHAEL 06589 Mile Reimb/Fire Engine Vendor Train 001-2201-4317 58.76 Total : 58.76 6Page: 05/21/2015 Check Register CITY OF HERMOSA BEACH 7 5:23:18PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 77873 5/21/2015 18752 GOLDEN SUN FIRM & COMPANY, INC Application No. 07 Rewire Clark Field/Prog Pmt #7 001-8649-4201 7,637.76 125-8602-4201 3,893.90 Total : 11,531.66 77874 5/21/2015 01390 GOODYEAR TIRE AND RUBBER CO 41878337 Tires Purchased/May15 715-4202-4311 344.81 41878338 Tires Purchased/May15 715-3302-4311 233.77 41879511 Tires Purchased/May15 715-3302-4311 233.77 Total : 812.35 77875 5/21/2015 12314 GORDON, ALLEN J.06617 Additional Election Clerk Pay 001-1121-4251 80.00 Total : 80.00 77876 5/21/2015 19336 HALO BRANDED SOLUTIONS INC 2410462 Hermosa Five-O Open House T-Shirts 001-4601-4328 322.64 Total : 322.64 77877 5/21/2015 19259 HAMMER, MARTHA M 06625 Additional Election Clerk Pay 001-1121-4251 80.00 Total : 80.00 77878 5/21/2015 19260 HEIDNER, DIANE L 06624 Additional Election Clerk Pay 001-1121-4251 80.00 Total : 80.00 77879 5/21/2015 11509 HENGES, PAULA E E 54000 Ladies Polo Shirts/Fiesta Hermosa 001-3302-4314 48.76 Total : 48.76 77880 5/21/2015 07956 HERTZ EQUIPMENT RENTAL 28009284-001 VIBRATING PLATE FOR SOIL COMPACTOR 715-3104-5402 1,735.28 Total : 1,735.28 77881 5/21/2015 19141 HUB INTERNATIONAL SERVICES 06575 Special Event Insurance/Apr15 7Page: 05/21/2015 Check Register CITY OF HERMOSA BEACH 8 5:23:18PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 77881 5/21/2015 (Continued)19141 HUB INTERNATIONAL SERVICES 001-3897 264.34 Total : 264.34 77882 5/21/2015 16742 INDEPENDENT STATIONERS IN-000525082 Office Supplies/May15 001-2101-4305 54.89 Total : 54.89 77883 5/21/2015 17441 INTELLIBRIDGE PARTNERS LLC 208379 Benefits/Fisc Hlth&Budget Mod Update 001-1202-4201 4,400.00 Total : 4,400.00 77884 5/21/2015 09139 IRON MOUNTAIN LJN6593 Off Site Storage/May15 001-1121-4201 156.37 Total : 156.37 77885 5/21/2015 12151 JAHNG, CHRISTOPHER Y 06107 Instrctr Pmts Spring '15 Football 001-4601-4221 1,050.00 Total : 1,050.00 77886 5/21/2015 18948 JLM ENVIRONMENTAL JL-3302 Asbestos/Lead Test/Kitchen/Comm Ctr 001-2201-4201 960.00 Total : 960.00 77887 5/21/2015 16474 JUAREZ, PAMELA 06564 Mileage Reimb/Drug Abuse Train 001-2101-4312 133.40 06568 Train/Meal Reimb/Traffic Collision 001-2101-4317 60.00 Total : 193.40 77888 5/21/2015 17983 KELLY, GREGORY 06601 2014 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 77889 5/21/2015 19261 KISH, ANNE 06616 Additional Election Inspector Pay 001-1121-4251 100.00 Total : 100.00 8Page: 05/21/2015 Check Register CITY OF HERMOSA BEACH 9 5:23:18PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 77890 5/21/2015 18137 KOSMONT COMPANIES 0020 Cost Benefit Analysis/Oil Project/Apr15 705-4105-4201 5,852.50 Total : 5,852.50 77891 5/21/2015 06233 LA CO DEPT OF HEALTH SERV Paramedic #P10665 Paramedic License Renew/Galleano 001-2201-4317 125.00 Total : 125.00 77892 5/21/2015 15782 LA CO METRO TRANSPORTATION 800060778 TAPS Bus Pass Sales/Mar15 145-3403-4251 266.00 Total : 266.00 77893 5/21/2015 00151 LA CO SHERIFFS DEPARTMENT 154232ST Prisoner Meals/Apr15 001-2101-4306 77.60 Total : 77.60 77894 5/21/2015 19262 LAMPING, ROBERTA J 06614 Additional Election Clerk Pay 001-1121-4251 80.00 Total : 80.00 77895 5/21/2015 19263 LANDE, JOANNE 06613 Additional Election Clerk Pay 001-1121-4251 80.00 Total : 80.00 77896 5/21/2015 10677 LAWRENCE, LARRY CDBG Admin 5/1/15 Staff Support Services/CDBG/Apr15 001-4101-4201 603.50 Skechers 5/1/15 Staff Support Services/Skechers/Apr15 001-4101-4201 884.00 Total : 1,487.50 77897 5/21/2015 02175 LIEBERT CASSIDY WHITMORE 06640 Train/McKinnon/Impunity or Punitive 001-2101-4317 55.00 Total : 55.00 77898 5/21/2015 11601 LONG, YVONNE C 06602 2014 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 9Page: 05/21/2015 Check Register CITY OF HERMOSA BEACH 10 5:23:18PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 77899 5/21/2015 18274 MAGNUM VENTURE PARTNERS 06527 Instruct Pmt/5236 001-4601-4221 1,400.00 Total : 1,400.00 77900 5/21/2015 19223 MARDER, BONNIE 06185 Instruct Pmt/5414/5345 001-4601-4221 322.00 Total : 322.00 77901 5/21/2015 07060 MARKS, AARON 06659 TR425/Mileage/Fire Engine Training 001-2201-4317 145.48 Total : 145.48 77902 5/21/2015 00289 MARTIN AND CHAPMAN CO 2015141 3/3/15 Election Day Supplies 001-2109 49,413.07 Total : 49,413.07 77903 5/21/2015 15912 MARTIN CHEVROLET 713927 Auto Repair Parts/May15 715-2101-4311 54.03 Total : 54.03 77904 5/21/2015 09906 MCCARTHY, MICHAEL 06620 Additional Election Clerk Pay 001-1121-4251 80.00 Total : 80.00 77905 5/21/2015 19264 MCCARTHY, TREVA J 06618 Additional Election Inspector Pay 001-1121-4251 100.00 Total : 100.00 77906 5/21/2015 19331 MEDIEVAL TIMES USA Order ID 4961753 Valley Park Summer Day Camp Excursion 001-1550 1,475.50 Total : 1,475.50 77907 5/21/2015 16541 MID-CITY MAILING SERVICES CORP 21050 Community Presentation/Oil Project 705-4105-4201 2,285.00 Total : 2,285.00 77908 5/21/2015 11454 MOST DEPENDABLE FOUNTAINS INV36937 BOTTLE FILLER/JARVIS MEMORIAL FOUNTAIN 001-3301-4309 4,457.55 10Page: 05/21/2015 Check Register CITY OF HERMOSA BEACH 11 5:23:18PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 4,457.55 77908 5/21/2015 11454 MOST DEPENDABLE FOUNTAINS 77909 5/21/2015 08170 MUNICIPAL MAINT. EQUIPMENT 0100304-IN GO-4/AUTO TRANSMISSION/TORQUE CONVERTER 715-3302-4311 5,499.25 Total : 5,499.25 77910 5/21/2015 13889 NEWSOME, ROBERT 06626 Additional Election Clerk Pay 001-1121-4251 80.00 Total : 80.00 77911 5/21/2015 13114 OFFICE DEPOT 768519673001 MAGNETIC WHITEBOARD & DRY ERASE MARKERS 001-2101-4305 426.50 768576612001 Office Supplies/May15 001-2201-4305 100.28 769760023001 Office Supplies/May15 001-1204-4305 68.01 769764874001 Office Supplies/May15 001-1204-4305 9.12 769764875001 Office Supplies/May15 001-1204-4305 11.21 770166015001 Office Supplies/May15 001-4202-4305 50.13 770166345001 Office Supplies/May15 001-4202-4305 33.92 Total : 699.17 77912 5/21/2015 04356 OSEKOWSKY, SHELDON 06594 TR424/Fire Engine Train/Hotel/Mileage 001-2201-4317 291.28 Total : 291.28 77913 5/21/2015 04573 PARKER, FRANCES 06629 Additional Election Clerk Pay 001-1121-4251 80.00 Total : 80.00 77914 5/21/2015 00608 PEP BOYS 08141032617 Auto Supplies/May15 715-3302-4311 38.11 11Page: 05/21/2015 Check Register CITY OF HERMOSA BEACH 12 5:23:18PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 77914 5/21/2015 (Continued)00608 PEP BOYS 08141032741 Auto Supplies/May15 715-2101-4311 94.00 08141032941 Auto Supplies/May15 715-4206-4311 152.59 08141032942 Auto Supplies/May15 715-2101-4311 100.27 Total : 384.97 77915 5/21/2015 17407 PETRESKY, SHARI 06605 2014 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 77916 5/21/2015 01183 PMW ASSOCIATES 06570 Train/Smyth/Frilot/Intern Affair Inv 001-2101-4312 856.00 Total : 856.00 77917 5/21/2015 19334 POMONA, CITY OF 06567 Train/Juarez/Droz/Traffic Collision 001-2101-4317 300.00 Total : 300.00 77918 5/21/2015 00740 POSTMASTER, UNITED STATES 06667 Returned Mail - Postage Due - Ballots 001-1121-4251 144.06 Total : 144.06 77919 5/21/2015 10775 PRICE, HELEN 06611 Additional Election Clerk Pay 001-1121-4251 80.00 Total : 80.00 77920 5/21/2015 11539 PROSUM TECHNOLOGY SERVICES 148949 IT Support/Apr15 715-1206-4201 12,659.00 Total : 12,659.00 77921 5/21/2015 19300 PULCINI, ANDREA LYN 06631 Additional Election Clerk Pay 001-1121-4251 80.00 Total : 80.00 77922 5/21/2015 19328 R 4 ELECTRICAL CONSTRUCTION 06576 Refund/Plan Check/Elec Permit E15-00134 12Page: 05/21/2015 Check Register CITY OF HERMOSA BEACH 13 5:23:18PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 77922 5/21/2015 (Continued)19328 R 4 ELECTRICAL CONSTRUCTION 001-3831 35.20 Total : 35.20 77923 5/21/2015 13255 REDMOND, GEORGE DAVID 34483 Locksmith Services - May15 001-4204-4309 40.88 34612 PANIC BAR FOR FRONT DOOR @ PD 001-8614-4201 899.89 Total : 940.77 77924 5/21/2015 03282 REDONDO BEACH, CITY OF 558959 City Prosecutor Services/Apr15 001-1132-4201 16,667.00 Total : 16,667.00 77925 5/21/2015 14194 RICH, MICHAEL 06599 2014 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 77926 5/21/2015 14934 ROBERTSON, KEN 06509 TR419/APA Conference 001-4101-4317 864.29 Total : 864.29 77927 5/21/2015 09870 RYDIN DECAL 305383 3000 MONTHLY PARKING PERMITS 001-1204-4305 1,460.67 Total : 1,460.67 77928 5/21/2015 03428 SAFETY KLEEN CORPORATION 66597561 Service Parts Washer 715-4206-4311 226.72 Total : 226.72 77929 5/21/2015 14103 SCOLINOS, MARIANN 06630 Additional Election Clerk Pay 001-1121-4251 80.00 Total : 80.00 77930 5/21/2015 07228 SHAAL, ROBERT 06597 2014 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 13Page: 05/21/2015 Check Register CITY OF HERMOSA BEACH 14 5:23:18PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 77931 5/21/2015 17903 SHERWIN WILLIAMS 1869-6 Painting Supplies/May15 001-3104-4309 410.71 1920-7 Painting Supplies/May15 001-3104-4309 53.85 1999-1 Painting Supplies/May15 001-3104-4309 410.71 2226-8 Painting Supplies/May15 001-1214-4322 425.70 2227-6 Painting Supplies/May15 001-8614-4201 52.52 2262-3 Painting Supplies/May15 001-1214-4322 98.00 6968-2 Painting Supplies/May15 001-8614-4201 417.27 6969-0 Painting Supplies/May15 001-8614-4201 126.82 Total : 1,995.58 77932 5/21/2015 19265 SHORTESS, STEVEN W 06621 Additional Election Clerk Pay 001-1121-4251 80.00 Total : 80.00 77933 5/21/2015 00018 SIMS WELDING SUPPLY CO INC 00656983 Cylinder Refills for Welding 105-2601-4309 370.17 Total : 370.17 77934 5/21/2015 19266 SLATER, PATRICA W 06615 Additional Election Clerk Pay 001-1121-4251 80.00 Total : 80.00 77935 5/21/2015 08968 SMYTH, BRIAN 06572 Train/Meal Reimb/Intern Affair Inv 001-2101-4312 150.00 Total : 150.00 77936 5/21/2015 04589 SO CAL MUNICIPAL ATHLETIC 3465 Membrshp/Nichols/Orta/Diers/Shattuck 001-4601-4315 280.00 14Page: 05/21/2015 Check Register CITY OF HERMOSA BEACH 15 5:23:18PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 280.00 77936 5/21/2015 04589 SO CAL MUNICIPAL ATHLETIC 77937 5/21/2015 08812 SOUTH BAY REGIONAL PUBLIC COMM 02641 Outfit Ford Fusion Hybrids/PD Admin 715-2101-5403 3,562.89 Total : 3,562.89 77938 5/21/2015 10098 SPRINT NEXTEL COMMUNICATIONS 551834312-161 Comm Res/Cell Phone Usage/Apr15 001-4601-4304 162.85 001-4601-4201 151.47 Total : 314.32 77939 5/21/2015 09532 STAPLES ADVANTAGE 3263002005 Office Supplies/Apr15 001-2201-4305 38.59 3263002006 Office Supplies/Apr15 001-2201-4305 17.43 Total : 56.02 77940 5/21/2015 19299 SWENSON, TERRY 06632 Additional Election Clerk Pay 001-1121-4251 80.00 Total : 80.00 77941 5/21/2015 19188 TALINS COMPANY 2186 Custom Welding/New Engine 001-2201-5401 230.00 Total : 230.00 77942 5/21/2015 18458 TARANGO, CHERYL L 06603 2014 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 77943 5/21/2015 16983 THOMPSON, FRANCES 06622 Additional Election Inspector Pay 001-1121-4251 100.00 Total : 100.00 77944 5/21/2015 17882 TIDAL MARINE CONSTRUCTION INC 7352-2 CIP13-659/Pier Repairs/ProgPmt3 122-8659-4201 74,171.09 Total : 74,171.09 77945 5/21/2015 14958 TRAVERS TREE SERVICE 22326 OLEANDER REMOVE/VALLEY/11TH TO BARD 15Page: 05/21/2015 Check Register CITY OF HERMOSA BEACH 16 5:23:18PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 77945 5/21/2015 (Continued)14958 TRAVERS TREE SERVICE 001-6101-4201 2,970.00 Total : 2,970.00 77946 5/21/2015 18890 UNITED MAINTENANCE SYSTEMS 12847 JANITORIAL SERVICES/APR15 001-4204-4201 7,612.00 Total : 7,612.00 77947 5/21/2015 04768 UPTIME COMPUTER SERVICE 24082 Printer Maintenance/Jun15 715-1206-4201 622.00 Total : 622.00 77948 5/21/2015 17331 VALLEY POWER SYSTEMS INC Dup Pmt I17282 Inv# I17282 Duplicate Pmt 715-2201-4311 -1,330.00 I20774 Preventive Maintence/Fire Engine 715-2201-4201 3,289.94 Total : 1,959.94 77949 5/21/2015 00015 VERIZON CALIFORNIA 310 372-6373 Personnel Fax Line/May15 001-1203-4304 45.10 Total : 45.10 77950 5/21/2015 16609 VERSATILE INFORMATION 3446 Audio Recorders 001-2101-4305 554.98 Total : 554.98 77951 5/21/2015 18639 WOLFE, SYBIL W 06600 2014 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 77952 5/21/2015 19267 WULFF, JOHN C 06627 Additional Election Inspector Pay 001-1121-4251 100.00 Total : 100.00 5202015 5/20/2015 00243 HERMOSA BEACH PAYROLL ACCOUNT 05202015 PAYROLL 5/1/2015 TO 5/15/2015 16Page: 05/21/2015 Check Register CITY OF HERMOSA BEACH 17 5:23:18PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 5202015 5/20/2015 (Continued)00243 HERMOSA BEACH PAYROLL ACCOUNT 115-1103 2,373.63 117-1103 4,255.15 145-1103 98.88 147-1103 2,373.64 152-1103 55.88 160-1103 10,252.66 705-1103 2,595.03 715-1103 3,060.17 105-1103 2,523.47 001-1103 497,821.16 Total : 525,409.67 1553229651 5/18/2015 19327 NORTON ROSE FULBRIGHT 06581 Bond Counsel-Prelim Financing Options 001-1201-4201 10,000.00 Total : 10,000.00 Bank total : 925,480.33 129 Vouchers for bank code :boa 925,480.33Total vouchers :Vouchers in this report 129 17Page: 05/21/2015 Check Register CITY OF HERMOSA BEACH 18 5:23:18PM 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 18 inclusive, of the check register for 5-21-15 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 6-2-15 18Page: 05/28/2015 Check Register CITY OF HERMOSA BEACH 1 4:53:54PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78011 5/28/2015 16650 PAYPAL INC 40366881 CC Processing - Prkg Meters/Prkg 001-3302-4201 250.22 001-3305-4201 1,058.70 001-3304-4201 1,094.31 Total : 2,403.23 78012 5/28/2015 16650 PAYPAL INC 40366881 CC Processing - Prkg Meters/Pier 001-3302-4201 883.69 Total : 883.69 78013 5/28/2015 10098 SPRINT NEXTEL COMMUNICATIONS 397572146-105 CommDev/Cell Phone Usage/Apr15 001-4201-4304 157.69 Total : 157.69 Bank total : 3,444.61 3 Vouchers for bank code :boa 3,444.61Total vouchers :Vouchers in this report 3 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 1 inclusive, of the check register for 5-28-15 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 6-2-15 1Page: 05/28/2015 Check Register CITY OF HERMOSA BEACH 1 5:09:53PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78014 5/28/2015 19358 DOVE, GUY 06569 Train/Meal Reimb/Traffic Collision 001-2101-4317 60.00 Total : 60.00 Bank total : 60.00 1 Vouchers for bank code :boa 60.00Total vouchers :Vouchers in this report 1 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 1 inclusive, of the check register for 5-28-15 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 6-2-15 1Page: Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0488 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 TENTATIVE FUTURE AGENDA ITEMS Recommended Action: To receive and file the tentative future agenda items. Attachments: Tentative Future Agenda Hermosa Beach Printed on 6/4/2015Page 1 of 1 powered by Legistar™ June 4, 2015 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council June 9, 2015 TENTATIVE FUTURE AGENDA ITEMS JUNE 23, 2015 @ 5:00PM CLOSED SESSION: EXISTING LITIGATION JUNE 23, 2015 (SPECIAL MEETING @ 6:00PM) NO PRESENTATIONS APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE CONSENT CALENDAR Recommendation to receive and file the action minutes of the Planning Commission meeting of June 16, 2015 Community Development Director Recommendation to receive and file the action minutes of the Public Works Commission meeting of May 20, 2015 Public Works Director Purchase of Shooting Range Police Chief PUBLIC HEARINGS – 7:30 PM Review of Delinquent Solid Waste Collection (Refuse) charges for consideration of placing said charges on the property tax rolls as a special assessment City Manager Hermosa Beach Landscaping and Street Lighting District 2015-2016 Public Works Director Proposed Sewer Service Charge Public Works Director MUNICIPAL MATTERS Community Risk Analysis Fire Chief Stormwater Management Plan – Receive Approval from Regional Board Public Works Director Events Calendar Assistant to the City Manager Municipal Carbon Neutrality Implementation Update Environmental Analyst Updating the City Street Signs as presented by Graphic Solutions to give Hermosa Beach a new updated look Public Works Director Revisit operation Clean sweep to discuss modified standards that permit limited signage and/or approved displays that promote businesses yet do not impede pedestrian traffic Community Development Director Agenda Protocol City Attorney Enhanced Watershed Management Plan Environmental Analyst Discussion of prohibiting single-use carryout bags Environmental Analyst 2 JULY 14, 2015 @ 7:00PM CONSENT CALENDAR Recommendation to receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of May 4, 2015 Fire Chief Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of June 2, 2015 Assistant to the City Manager 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 (Continued from meeting of April 28, 2015) Community Development Director Adoption of Metropolitan Transit Authority (MTA) Local Development Report and Self-Certification Resolution certifying compliance with the Congestion Management Program (CMP) pursuant to Government Code Section 65089 Community Development Director MUNICIPAL MATTERS Evaluate and update as necessary the City’s Master Fee Resolution to ensure appropriate fees are designated for specific City services Finance Director Evaluate the City’s notice procedures for public meetings and other activities/events. Evaluate the manner of providing necessary notices, and payment responsibility for such notices. Community Development Director Strand Hotel Update Community Development Director Downtown Enforcement Unit: Creation Police Chief Cooperative Agreement with CalTrans (Continued from meeting of April 14, 2015) Public Works Director Downtown/Pier Plaza Non Smoking Enforcement Community Development Director City Logo and Name on Council Chambers Wall City Manager JULY 28, 2015 @ 6:00PM STUDY SESSION – PACIFIC COAST HIGHWAY JULY 28, 2015 @ 7:00PM CONSENT CALENDAR Recommendation to receive and file the action minutes of the Planning Commission meeting of July 21, 2015 Community Development Director MUNICIPAL MATTERS Marketing Plan for Parking Meters Demand Pricing/Free or Reduced Price Parking Management Analyst PCH/Aviation Blvd. Corridor Beautification Plan -Begin Design – Phase 1 -Complete PSR and 60% Design -Present Phase 1 to CalTrans/Metro Call for Project Funding Public Works Director 3 PENDING ITEMS Consideration of reduction of business license fee request from Carol G. Weiss, Ph.D. Finance Director 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 Award Construction Contract for CIP 13-655 City Facilities ADA Improvements Public Works Director Cooperative Agreement with CalTrans (Continued from meeting of April 14, 2015) Public Works Director OTO 11th Court Hotel Update Community Development Director AUGUST 2015 Quarterly Update - Strategic Plan Action Agenda Management Analyst Monterey Sharrow Update Public Works Director Quarterly Update – Closed Session Litigation Assistant to the City Manager SEPTEMBER 2015 Land Management System: Upgrade Community Development Director OCTOBER 2015 Quarterly Update – Closed Session Litigation Assistant to the City Manager NOVEMBER 2015 Installation of Officers – November 24, 2015 City Clerk National Citizen Survey Overview Assistant to the City Manager Quarterly Update - Strategic Plan Action Agenda Management Analyst DECEMBER 2015 PCH/Aviation Blvd. Corridor Beautification Plan – Complete 90% Plans Public Works Director Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0482 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 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: # 77691 - 04/30/15 - $5,268.48 - So. Bay Public Comm Authority Issued in the wrong amount. The check was voided. # 77965 - 05-28-15 - 60.00 - Joshua Droz Issued to the wrong vendor. The check was voided. # 77983 - 05-28-15 - 900.00 - LA County Museum of Art The number of attendees changed. The check was voided. Respectfully Submitted by: Karen Nowicki, City Treasurer Noted for Fiscal Impact: Viki Copeland, Finance Director Concur: Tom Bakaly, City Manager Hermosa Beach Printed on 6/4/2015Page 1 of 1 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0485 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 FIRST AMENDMENT TO THE VOLLEYBALL POLE POP ART PROJECT LICENSE AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND LEADERSHIP HERMOSA BEACH (City Manager Tom Bakaly) Recommended Action: It is recommended that City Council: 1.Approve the First Amendment to the Volleyball Pole Pop Art Project license agreement with Leadership Hermosa Beach; and 2.Authorize the Mayor to Execute and the City Clerk to attest to the attached First Amendment. Background: The Volleyball Pop Art Project was first presented by Leadership Hermosa Beach (LHB) to Council on February 25, 2014. The project was completed on May 18, 2014 and an update was provided to Council on June 10, 2014. Original Vision of Project: ·Large-scale art installation located in the heart of the community. ·Valued as an iconic image of Hermosa Beach by residents and visitors. ·Beautifies and distinguishes the Hermosa Beach Pier area from other Southern CA beaches. ·Celebrates our community’s connection with volleyball and healthy, active lifestyles. ·Expresses Hermosa Beach’s eclectic artistic lineage by cultivating public space art. Summary of Completed Project: ·270 submissions and 46 selections (17 were student selections). ·Budget was $7,600 (sponsors, grants, fundraising). ·Effort of 4 months (22 class members and 2 fabricators). ·23 Courts - 46 poles covered with locally curated art. ·Scale of art is 60” tall and 4” on all sides. Analysis: LHB has reported that due to the high quality materials used to print the artists’ submissions, the Hermosa Beach Printed on 6/4/2015Page 1 of 2 powered by Legistar™ Staff ReportREPORT 15-0485 artwork has held up extremely well over the past year and is fine to stay on the posts for another year. LHB previously designated a group of its alumni to monitor the artwork and to address any issues that may arise with the art/posts, and the committee will stay in place for the next year to monitor the project. Under section two of the existing agreement (attached), the license may be extended on a month-to- month basis commencing June 1, 2015 by mutual written consent. A letter to extend the agreement until an amendment was able to be brought before Council was signed by both parties on May 26, 2015 (attached). Representatives from LHB will be available during the Council meeting to answer any questions. Attachments: 1.First Amendment to license agreement with Leadership Hermosa Beach 2.Existing license agreement with Leadership Hermosa Beach 3.Letter to extend the agreement on a month-to-month basis Respectfully Submitted by: Tom Bakaly, City Manager Legal Review: Mike Jenkins, City Attorney Hermosa Beach Printed on 6/4/2015Page 2 of 2 powered by Legistar™ FIRST AMENDMENT TO LICENSE AGREEMENT This First Amendment to License Agreement (“First Amendment”) is entered into by and between Leadership Hermosa Beach, a 501(c)3 corporation, located in Hermosa Beach, California (hereinafter “Licensee”) and the City of Hermosa Beach, California, a municipal corporation (hereinafter the “City”). RECITALS A.City and Licensee are parties to that License Agreement dated , May 15, 2014 (the “Agreement”) by which City granted Licensee a revocable, nonexclusive license (hereinafter the “license”) for the installation, display, and removal of original works of art onto 23 city-owned volleyball poles located immediately to the north and south of the Hermosa Beach Pier between 10th Street and 14th Street (hereinafter the “property”). B.City and Licensee now desire to amend the Agreement in order to extend the term of the license granted thereunder to May 31, 2016. NOW, THEREFORE,in consideration of the foregoing, the Agreement is amended as follows: 1.The Term of the Agreement as set forth in Section 2 is extended to May 31, 2016. Except as above modified, in all other respects the Agreement is hereby reaffirmed in full force and effect. CITY OF HERMOSA BEACH ____________________________________ Peter Tucker Mayor ATTEST: ____________________________________ Elaine Doerfling, City Clerk LEADERSHIP HERMOSA BEACH ____________________________________ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0481 Honorable Mayor and Members of the Hermosa Beach City Council City Council Meeting June of June 9, 2015 REVISION OF PURCHASING ORDINANCE TO MODIFY THE DOLLAR THRESHOLDS FOR BIDDIING, TO ESTABLISH CITY MANAGER PURCHASING AUTHORITY FOR SERVICE CONTRACTS AND TO AMEND THE HERMOSA BEACH MUNICIPAL CODE (HBMC) (City Manager Tom Bakaly Finance Director Viki Copeland) Recommended Action: It is recommended that the City Council adopt Ordinance 15-xx to modify the dollar threshold for bidding from $5,000 to $15,000 for equipment and supplies, to establish City Manager purchasing authority for contracts and to amend the HBMC. Subject: At the Budget Workshop of May 21, 2105, the City Council directed staff to return with an ordinance to increase the formal bid threshold for equipment and supplies from $5,000 to $15,000. Summary and Analysis: Since the bid procedure for equipment and supplies is in the HBMC, an ordinance is required to make this change. Section 3.12.135 of the ordinance is added to outline the City Manager’s authority to enter into contracts. The ordinance is attached. The City Council also approved a change in the threshold for professional services from $20,000 to $30,000. This threshold is contained in an Administrative Memorandum which will be updated and distributed to all city departments. Attachments: 1.Agenda Item on Procurement Policies from May 21, 2015 2.Supplemental Attachment from May 21, 2015 3.Ordinance 15-xx Respectfully Submitted by: Tom Bakaly, City Manager Viki Copeland, Finance Director Hermosa Beach Printed on 6/4/2015Page 1 of 1 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0406 Honorable Mayor and Members of the Hermosa Beach City Council Budget/CIP Workshop May 21, 2015 PROCUREMENT POLICIES (City Manager Tom Bakaly) Recommended Action: City Council should consider directing staff to return with an ordinance to increase the formal bid threshold for equipment and supplies from $5,000 to $15,000 and to consider increasing the City Council approval threshold for professional services from $20,000 to $30,000. Subject: To review and update as necessary the City’s procedures for procuring supplies and equipment (Bid) and procuring recurring professional services (RFP). Professional services are those activities performed by a consultant who possess a high degree of expertise in a particular profession, such as an Attorney, Certified Public Accountant, Auditor, Architect, Engineer, or other consultants engaged in an occupation requiring advanced study or specialized training. Summary and Analysis: The City’s current procurement process for equipment and supplies is as follows: Open market procedure for purchases of less than five thousand dollars in value. Purchases of supplies and equipment of an estimated value in the amount of five thousand dollars ($5,000.00) or less may be made by the purchasing officer in the open market at the best prices obtainable and to the best advantage of the city without a formal contract; provided, however, that when practicable, bids or quotations shall be taken as follows: A.Minimum Number of Bids. For purchases over one thousand dollars ($1,000.00), at least three bids or quotations solicited by written requests to prospective responsible vendors, by telephone, or public notice posted on a public bulletin board in the City Hall. B.Record. A record of all informal bids and quotations shall be kept and be open to public inspection for a reasonable period of time. Formal contract procedure for purchases exceeding five thousand dollars in value. Hermosa Beach Printed on 5/20/2015Page 1 of 4 powered by Legistar™ Staff ReportREPORT 15-0406 Except as otherwise provided herein, purchases for supplies and equipment of estimated value greater than five thousand dollars ($5,000.00) shall be by written contract with the lowest and best responsible bidder. The following procedure is deemed to be in the best interest to the city: A.Notice Inviting Bids. Notice inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for the opening of bids. B.Published Notice. Notice inviting bids shall be given at least ten days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published in the city, or it shall be posted in at least three public places in the city that have been designated by ordinance as the places for posting public notices. C.Bidders’ List. The purchasing officer shall solicit sealed bids from all responsible prospective suppliers whose names are on the bidders’ list or who have requested that their names be added thereto. D.Bidder’s Security. When deemed necessary by the purchasing officer bidder’s security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security provided that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest bidder; the amount of the lowest bidder’s security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. E.Bid Opening Procedure. Sealed bids shall be submitted to the purchasing agent and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open to public inspection during regular business hours for a reasonable period of time. No bidder may withdraw his bid for a period of at least thirty (30) days after the date set for the opening thereof. F.Rejection of Bids. In its discretion, the city council may reject any and all bids presented and re -advertise for bids or to exclude any item or items from the award of bid or waive any informalities on a bid. The City’s current procurement process for professional services is as follows: 1.Qualified List - Each City department will maintain a current, adequate file of qualified and interested professional service providers for their area of responsibility. Hermosa Beach Printed on 5/20/2015Page 2 of 4 powered by Legistar™ Staff ReportREPORT 15-0406 2.Request for Proposal - A request for proposals (RFP) is required when fees for professional services are expected to exceed $20,000 on an annual basis. When the expected fee is under $20,000, a less formal process may be used, however, principles of competitiveness and fairness shall be maintained by providing comparative pricing and objective evaluation of at least three providers of such services. A.Preparation - The RFP is to contain sufficient information to permit consistent and complete responses, including the following: objective of the proposal; scope of work; format of proposal; profile of proposer, including items such as financial statements, resumes, references and other information as applicable; fees; selection criteria; and timing/insurance requirements. Recurring services should typically be proposed for three to five years, with consideration of additional renewals by City Council action. B.Council Approval -The issuing department will use their discretion in determining whether the City Council needs to review the RFP prior to issuance. C.Distribution - Depending on the scale, scope, and degree of specialization of the required work, as few as two or more than fifteen RFPs would be distributed. RFPs are to be sent to all requestors. When appropriate, a “proposer's conference” is to be scheduled prior to the response deadline date to respond to proposer inquiries uniformly. A notice inviting proposals shall be published in newspapers of general circulation or trade journals. D.Proposal Opening - Sealed proposals are to be identified as such on the envelope and submitted to the Office of the City Clerk on the date and time assigned in the RFP. Proposals will be opened in public and available to public inspection for a reasonable period of time. 3.Proposal Screening - Proposal contents should be reviewed for completeness by the responsible department, with participation by other departments or staff members when appropriate. 4.Evaluation - The sealed proposal method permits discussions after proposals have been opened to allow clarification and changes in proposals provided that adequate precautions are taken to treat each proposer fairly and to ensure that information gleaned from competing proposals is not disclosed to other proposers. Proposals should be ranked on the basis of both the written proposal and the interview (if an interview is deemed necessary), according to the criteria included in the RFP that Hermosa Beach Printed on 5/20/2015Page 3 of 4 powered by Legistar™ Staff ReportREPORT 15-0406 demonstrates their ability to perform the work within a reasonable budget and on a timely basis. Total cost is a factor considered, even though selection is not on a competitive bid basis. Proposal evaluation uses judgmental factors to determine the most responsive and qualified proposer. Typically, at least two firms are to be interviewed, based on the number of responsive proposals. The interview should be conducted by the responsible department, with participation by other City staff and sub-committee members, when appropriate. Any selection committee should be composed of people knowledgeable as to the conduct of the project and its purpose and involve more than just the staff that will work directly with the consultant. References should be checked to corroborate past performance. 5.Selection - A recommendation to engage the most qualified proposer is made to City Council, with review by the City Manager and City Attorney. A professional services agreement, incorporating the RFP and response should accompany the recommendation. Upon approval of the agreement, signatures are obtained and a copy maintained by the City Clerk and the responsible department. Sample RFPs and professional service agreements are attached. 6.Exceptions for Emergencies - The City Council may suspend use of the RFP process in the event of an emergency or short time frame required to solicit services. A survey of procurement thresholds for South Bay Cities along with the additional Cities of Santa Monica and Park City is attached for comparison. Attachments: 1.Procurement Threshold - Survey of Cities Respectfully Submitted by: Tom Bakaly, City Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Hermosa Beach Printed on 5/20/2015Page 4 of 4 powered by Legistar™ South Bay Cities # City 2014 Population Formal Bid Amount Council Approval Notes 1 Hermosa Beach 19,750 $5,000 $20,000 Council approval amount last revised from $10,000 to $20,000 in 2003 2 Redondo Beach 67,717 $35,000 $35,000 Revised amounts from $5,000 to $35,000 – Pending approval at May 19, 2015 Redondo Beach City Council meeting. If approved, this would be implemented July 1, 2015 3 Manhattan Beach 35,619 $20,000 $20,000 Unless specifically listed in Budget, then limit is $25,000 before requiring Council approval 4 Torrance 147,706 $40,000 $40,000 5 Gardena 60,082 $50,000 $25,000 6 Carson 92,636 $25,000 $25,000 7 Rancho Palos Verdes 42,358 $25,000 $25,000 8 El Segundo 16,897 $10,000 $25,000 9 Inglewood 111,795 $20,000 $20,000 10 Lawndale 33,228 $10,000 $10,000 11 Rolling Hills Estates 8,184 $10,000 $10,000 12 Lomita 20,630 $15,000 $5,000 Additional Cities # City 2014 Population Formal Bid Amount Council Approval Notes 13 Santa Monica 89,736 $80,000 $80,000 The Formal Bid threshold: Professional Services - $80,000 Contractual Services - $175,000 14 Park City, UT 7,558 $25,000 $25,000 Formal Bid Thresholds: Professional Services - $25,000 Building Improvement - $40,000 Public Works projects - $125,000 (proposed to be $178,220 for FY15) Council approval required for items over $15,000 that are not anticipated in the current budget ORDINANCE NO. _____ AN ORDINANCE REVISING THE PURCHASING ORDINANCE TO MODIFY THE DOLLAR THRESHOLDS FOR BIDDING AND TO ESTABLISH CITY MANAGER PURCHASING AUTHORITY FOR SERVICES CONTRACTS AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the City of Hermosa Beach does ordain as follows: SECTION 1.Section 3.12.080 of Title 3, Chapter 3.12 is amended to read as follows: 3.12.080 Open market procedure for purchases of less than fifteen thousand dollars in value. Purchases of supplies and equipment of an estimated value in the amount of fifteen thousand dollars ($15,000.00) or less may be made by the purchasing officer in the open market at the best prices obtainable and to the best advantage of the city without observing the procedure prescribed by Section 3.12.090; provided, however, that when practicable, bids or quotations shall be taken as follows: A. Minimum Number of Bids. For purchases over one thousand dollars ($1,000.00), at least three bids or quotations solicited by written requests to prospective responsible vendors, by telephone, or public notice posted on a public bulletin board in the City Hall. B. Record. A record of all informal bids and quotations shall be kept and be open to public inspection for a reasonable period of time. SECTION 2.Section 3.12.090 of Title 3, Chapter 3.12 is amended to read as follows: 3.12.090 Formal contract procedure for purchases exceeding fifteen thousand dollars in value. Except as otherwise provided herein, purchases for supplies and equipment of estimated value greater than fifteen thousand dollars ($15,000.00) shall be by written contract with the lowest and best responsible bidder. The following procedure is deemed to be in the best interest to the city: A. Notice Inviting Bids. Notice inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured, and the time and place for the opening of bids. B. Published Notice. Notice inviting bids shall be given at least ten days before the date of opening of the bids. Notice shall be published at least once in a newspaper of general circulation, printed and published in the city, or it shall be posted in at least three public places in the city that have been designated by ordinance as the places for posting public notices. C. Bidders’ List. The purchasing officer shall solicit sealed bids from all responsible prospective suppliers whose names are on the bidders’ list or who have requested that their names be added thereto. D. Bidder’s Security. When deemed necessary by the purchasing officer bidder’s security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security provided that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest bidder; the amount of the lowest bidder’s security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. E. Bid Opening Procedure. Sealed bids shall be submitted to the purchasing agent and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open to public inspection during regular business hours for a reasonable period of time. No bidder may withdraw his bid for a period of at least thirty (30) days after the date set for the opening thereof. F. Rejection of Bids. In its discretion, the city council may reject any and all bids presented and re-advertise for bids or to exclude any item or items from the award of bid or waive any informalities on a bid. G. Award of Contracts. 1. Supplies and equipment. A contract for the purchase of supplies and equipment shall be awarded to the lowest responsible bidder. 2. Services. A contract for services, other than professional services, shall be awarded to the bidder which the city council in its discretion determines offers the best level of services to the City. In making that determination, the Council may consider the bidder’s price, experience, references, location, previous performance experience with the City if any, and overall reputation. H. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the city council may accept the one it chooses or accept the lowest bid made by negotiations with the tie bidders at the time of the bid opening. I. Performance Bonds. The city council shall have authority to require a performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interest of the city. If the city council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. SECTION 3.Title 3, Chapter 3.12 of the Hermosa Beach Municipal Code is amended by adding a new Section 3.12.035 to read as follows: 3.12.035 Authorization to enter into contracts. The City Manager is authorized to enter into the following types of contracts: a.Contracts required of an applicant as a condition of approval of a permit, license, or other grant of approval not involving expenditure of city funds; b.Contracts involving the allocation of county, state or federal funds pursuant to a program previously approved by the City Council where the form of contract is standard and used in substantially the same form by all applicants and has been approved by the City Attorney; c.Contracts for services for a sum not to exceed thirty thousand dollars ($30,000.00) for which funds have been budgeted in the current year budget and where the form of the contract has been approved by the City Attorney; d.Contracts or amendments to contracts which the City Council has expressly authorized the City Manager to execute; and e.Amendments to contracts previously approved by the City Council not involving expenditure of city funds, or modifying the duration and/or amount of the contract in strict accordance with a specific line item in the approved city budget. SECTION 4. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Hermosa Beach’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED, AND ADOPTED this ____ day of June, 2015. ____________________________________ Peter Tucker, Mayor ATTEST: ______________________________ Elaine Doerfling, City Clerk I HEREBY CERTIFY that the above and foregoing ordinance was duly passed and adopted by the Hermosa Beach City Council at its regular meeting held on _____________ of ___________, 2015, by the following vote, to wit: AYES: NOES: ABSENT: Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0472 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 ADOPTION OF THE 2015-16 APPROPRIATIONS LIMIT (Finance Director Viki Copeland) Recommended Action: It is recommended that the City Council adopt Resolution 15-xxxx setting the 2015-16 appropriations limit. Background: In November of 1979,Article XIII B of the California State Constitution was added by the voters through Proposition 4.This Article established limits,using a formula,on state and local governments for appropriation of revenue from tax proceeds. On June 5,1990,Proposition 111,modified the method of calculating the limit,beginning with fiscal year 1990-91,to allow the City to choose the most beneficial of two adjustment factors for inflation and population as follows: Inflation California Per Capita Personal Income Change or Increase in Non-Residential Assessed Valuation Due to New Construction. Population City Population Growth or County Population Growth. Proposition 111 also implemented a requirement that our Appropriation Limit be reviewed annually by our independent auditor. Analysis: The 2015-16 limit was calculated,per the League of California Cities Uniform Guidelines,by applying Hermosa Beach Printed on 6/4/2015Page 1 of 2 powered by Legistar™ Staff ReportREPORT 15-0472 The 2015-16 limit was calculated,per the League of California Cities Uniform Guidelines,by applying the population and inflation factors to the prior year limit.The County of Los Angeles Population Change of .82%was used as the population growth factor since it is greater than the population increase of .07%for the City.The California Per Capita Personal Income Change of 3.82%was used,as the increase in Non-Residential Assessed Valuation Due to New Construction is .67%.The factor with the largest change is always chosen to give the City maximum discretion with regard to appropriations. The law requires adoption of the 2015-16 limit by resolution and a recorded vote of the Council to select annual adjustment factors. The choice is set forth in the attached resolution. The limit calculation will be reviewed by our auditors during the annual financial audit. Attachments: 1.Resolution Adopting 2015-16 Appropriations Limit Respectfully Submitted by: Viki Copeland, Finance Director Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 6/4/2015Page 2 of 2 powered by Legistar™ RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2015-16 WHEREAS, the voters of California, on November 6, 1979, added Article XIII B to the State Constitution, placing various limitations on appropriations of state and local governments; and WHEREAS, Article XIII B provides that the appropriations limit for the fiscal year 2015-2016 is calculated by adjusting the base year appropriations of fiscal year 1978-79 and subsequent years for changes in the cost of living and population; and WHEREAS, Proposition 111 (Section 1.5 of Article XIII B), enacted by the voters on June 5, 1990, modified the method of calculating the limit, beginning with fiscal year 1990-91; and WHEREAS,the City of Hermosa Beach has complied with all of the provisions of Article XIII B in determining the appropriations limit for fiscal year 2015-16; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES RESOLVE AS FOLLOWS; SECTION 1. That the City of Hermosa Beach chooses to use the California Per Capita Personal Income Change as the inflation adjustment factor for fiscal year 2015-16. SECTION 2. The City of Hermosa Beach chooses to use the Change in Population for the County of Los Angeles as the growth adjustment factor for fiscal year 2015-16. SECTION 3. The City of Hermosa Beach uses the Uniform Guidelines published by the League of California Cities in March 1991 to determine the limit and appropriations subject to the limit. SECTION 4. Documentation for calculation of the limit is on file in the Finance Department and will be reviewed by the City’s auditors during the annual financial audit, as required by Proposition 111. SECTION 5. The appropriations limit for the City of Hermosa Beach for fiscal year 2015-16 is $34,840,696. PASSED, APPROVED and ADOPTED this 9th day of June 2015. ______________________________________________________ PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, California ATTEST: _______________________________CITY CLERK APPROVED AS TO FORM: _______________________________CITY ATTORNEY Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0498 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 ACCEPTANCE OF PROPERTY THAT IS CURRENTLY A PORTION OF A WALK-STREET OFFERED BY PROPERTY OWNER AT 2918 THE STRAND (Community Development Director Ken Robertson) Recommended Action: To accept the attached quitclaim deed of the property used by the public as a walk-street as offered by the owner. Background: In connection with a remodel that includes an encroachment permit on the property at 2918 the Strand, the owner has graciously offered to convey to the City by way of a quitclaim deed a portion of the walk-street identified as 30th Place between the Strand and Hermosa Avenue. The improved pedestrian walk for this walk-street is approximately 9-feet wide for this block and includes a stairway from Hermosa Avenue down to the Strand. The property offered is south of the centerline of the 20- foot wide dedicated right of way. The property offered includes the full width of the walk-street from the center line south for a depth of 15-feet adjacent to the Strand which has long been paved and improved for public use, where the City maintains a public seating area at the bottom of the stairs. The property offered does not include the portion of walkway adjacent to Hermosa Avenue that serves as driveway access to the property owner’s north facing garage. Accepting this offer benefits the City as the property has historically been used for public use as a dedicated right-of-way (i.e. easement); upon acceptance the property will be owned in fee by the City for the benefit of the public at no cost to the City. Because this property has historically been used by the public pursuant to a public dedication, acceptance of the quitclaim deed does not in any way affect City liability. Roughly fifteen years’ ago, the City similarly assumed full ownership of many of the walk-streets south of 26th Street between Beach Drive and the Strand. Attachments: 1.Quitclaim Deed Respectfully Submitted by: Ken Robertson, Community Development Director Legal Review: Mike Jenkins, City Attorney Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 6/4/2015Page 1 of 1 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0496 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 PARTICIPATION IN FUNDING BEACH CITIES TRANSIT (BCT) LINE 109 WITH THE CITIES OF EL SEGUNDO, MANHATTAN BEACH AND REDONDO BEACH FUNDED FROM PROPOSITION A FUNDS (Community Development Director Ken Robertson) Recommended Action: It is recommended that the City Council: 1.Approve participation for two years along with the other beach cities and direct the Mayor to sign the agreement on behalf of the City; 2.Approve expenditure of $10,391 for Fiscal Year 2015-16 from Proposition A funds; and 3.Authorize the expenditure of a 10 percent increase (with up to 25 percent increase if certain conditions are met)above the 2015-2016 Fiscal Year expenditure of $10,391,final cost sharing estimate will be provide in May 2016 and included in the 2016-2017 budget. Background: The Beach Cities Transit (BCT)Line 109 provides service for portion of former Line 439 that was discontinued by Metro in 2006.Since that time,Hermosa Beach along with cities of El Segundo, Manhattan Beach and Redondo Beach have participated in a cost share agreement to provide funding for BCT Line 109 operation which starts from Redondo Beach Riviera Village to LAX City Bus Center. The bulk of the funding for this operation comes from Metro transit funds. In 2006 and 2008,participating cities signed two-year term agreements and annual agreements were signed beginning 2010 to cover the operating costs of Line 109.In 2013 BCT returned to two year agreements on two-year cycles. The Beach Cities Transit (BCT)Line 109 provides service for portion of former Line 439 that was discontinued by Metro in 2006.Since that time,Hermosa Beach along with cities of El Segundo, Manhattan Beach and Redondo Beach have participated in a cost share agreement to provide funding for BCT Line 109 operation which starts from Redondo Beach Riviera Village to LAX City Bus Center. The bulk of the funding for this operation comes from Metro transit funds. In 2006 and 2008,participating cities signed two-year term agreements and annual agreements were signed beginning 2010 to cover the operating costs of Line 109.In 2013 BCT returned to two year agreements on two-year cycles. Fiscal Impact: As shown on Table 1 above,the City’s share cost for Line 109 has significantly decreased since the first agreement in 2006.For Fiscal Year 2015-2016,the estimated share cost for Hermosa Beach is Hermosa Beach Printed on 6/4/2015Page 1 of 2 powered by Legistar™ Staff ReportREPORT 15-0496 first agreement in 2006.For Fiscal Year 2015-2016,the estimated share cost for Hermosa Beach is $10, 391. As for Fiscal Year 2016-2017,the estimated share cost for Hermosa Beach is set at a 10 percent increase with up to 25 percent above $6,757 (FY 2013-2014 estimate)subject to Metro transit fund allocation.BCT staff will advise participating beach cities in the Spring of 2016 of the actual share cost amount in order for it to be reflected in the 2016-2017 budget. Conclusion: Participation in the joint program with the other beach cities has been a good use of Proposition A transportation funds. Beach Cities Transit schedules are available online at www.beachcitiestransit.org <http://www.beachcitiestransit.org>, various city department public counters, the Hermosa Beach branch county library and the Chamber of Commerce to encourage ridership among local residents. Also links to this service along with other public transportations options are provided on the Hermosa Beach website. Attachments: 1.BCT Line 109 Cost Sharing Proposal dated April 10, 2015 2.Transit Service Operation Agreement for Fiscal Years 2015 - 2017 Respectfully Submitted by: Ken Robertson, Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 6/4/2015Page 2 of 2 powered by Legistar™ 1 April 10, 2015 BCT Line 109 Cost Sharing Proposal: July 2015-June 2016 April 10, 2015 Service Overview BCT Line 109 passenger trips increased in FY 2013-14 by 3.5%, adding 7,263 passenger trips over the prior year. Three new buses were placed in service in January 2015. Also, new BCT flag signs were installed, and At Stop Panel signs were installed at key bus stop locations along the Line 109 route. The At-Stop Panel signs illustrate destination information, the time schedule for the specific bus stop, as well as the travel time from the specific stop to destinations along the Line 109 route. The BCT Transit Operations & Maintenance Request For Proposals (RFP) was issued in August 2014, and the existing transit operations contractor, Transportation Concepts was renewed for the new contract period effective January 2015. Service Statistics History of BCT Line 109 FY 07-08 Actual FY 08-09 Actual FY 09-10 Actual FY 10-11 Actual FY 11-12 Actual FY 12-13 Actual FY 13-14 Actual Service Hours 16,628 16,663 19,317 18,953 18,809 20,134 20,234 Operating Cost $888,727 $846,106 $1,027,029 $930,967 $998,035 $1,088,582 $1,174,214 Fare Revenues $137,506 $145,000 $158,190 $135,465 $144,820 $162,909 $154,801 Passenger Trips 174,991 193,350 194,345 179,748 199,295 205,321 212,584 Transit Funding Cost Estimates Fiscal Year 2016 Metro’s annual transit formula funding allocations to municipal transit operators is based on sales tax revenue receipts. Regional funding estimates continue to improve and funding allocations for FY 2015-16 are projected to increase. The expenses included in the cost sharing estimates for BCT Line 109 are the operating expenses incurred by the transit contractor and fuel expenses, which are expected to be $1,215,000 for the operation of 20,306 annual service hours. Cost increases are the result of increased fuel expenses and the new contract rates established during the RFP process. 2 April 10, 2015 Cost Sharing Allocation History CITY % INVESTMENT (avg route miles/ total route miles) FY 2011-12 FY 2012-13 FY 2013-14 FY 2014-15 Redondo Beach 34.95% $33,716 $39,843 $70,098* **$117,449 Hermosa Beach 10.89% $10,506 $12,415 $6,757 $7,432 Manhattan Beach 16.05% $15,484 $18,297 $9,959 $10,954 El Segundo 38.11% $36,765 $43,445 $23,646 $26,011 TOTAL SHORTFALL 100% $96,469 $114,000 $110,460 $161,846 Investment Estimates *Redondo Beach estimated contribution estimate was $21,686; actual contribution was $70,098 due to unanticipated fuel cost increases. **Per the terms of the two year agreement, the FY 2014-15 Cities’ contributions was increased by 10% from FY 2013-14; Redondo Beach contributed to the remaining shortfall costs. Based on the preliminary fund marks issued by Metro in March 2015, the estimated FY 2015-16 shortfall for the BCT Line 109 is estimated at $95,417, which is less than the FY 2014-15 projection of $161,846. The Cities’ previous cost sharing agreement was for a two year period (FY 2014 and FY2015), that set a City contribution cap increase of 10% for FY 2014-15. BCT Estimated Cost Sharing Allocations for FY 2015-16 CITY % OF ROUTE MILES FY 2015-16 INVESTMENT Redondo Beach 34.95% $33,349 Hermosa Beach 10.89% $10,391 Manhattan Beach 16.05% $15,314 El Segundo 38.11% $36,363 Total 100% 100% $95,417 Proposal Assumptions:  20,306 annual service hours  Transit Fare Revenue estimate of $150,000 is based on FY 2014 revenues of $154,702.  No change in route mile distribution to Cities Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0479 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 VACCINATION SERVICES AGREEMENT (Fire Chief David Lantzer) Recommended Action: Staff recommends that Council approve the Vaccination Services Agreement between the City of Hermosa Beach and Ralph’s Pharmacy of Hermosa Beach and authorize the City Manager to execute the Agreement. Background: Hermosa Beach Firefighter/Paramedics provide critical care to patients in field situations in which there may be limited options for controlling exposures. Patient care may include procedures that may generate infectious aerosols and expose employees to risk of contracting an aerosol transmissible disease (ATD). Title 8, §5199 of the California Code of Regulations is the ATD standard in the state and establishes requirements to reduce infectious disease risk to employees. It also contains provisions to ensure that emergency medical personnel are able to receive timely information and follow up if they have treated or transported someone who was subsequently determined to have a reportable ATD. Included in the ATD standard is a requirement that employers provide emergency medical personnel with vaccinations, including Hepatitis B, mumps measles and rubella (MMR), varicella-zoster, tetanus, diphtheria and acellular pertussis (Tdap) and seasonal influenza. Employees may decline vaccination. The department recently conducted an evaluation of each employee’s vaccination status through a review of records and blood test results (to determine if antibodies were still present from previous vaccinations). As a result, we have discovered that personnel require re-administration of some vaccines. The department also researched local vaccination providers in order to bring all personnel up to the desired level of protection. The attached Vaccination Services Agreement with Ralph’s Pharmacy in Hermosa Beach is the culmination of the research referenced to above. The research included collaboration with Beach Hermosa Beach Printed on 6/4/2015Page 1 of 2 powered by Legistar™ Staff ReportREPORT 15-0479 Cities Health District’s Dr. Lisa Santora. Dr. Santora was able to secure “community pricing” with Ralph’s Pharmacy for the city. Thus, reasonable cost, location in Hermosa Beach and scheduling flexibility in administering vaccinations to on-duty personnel so as not to incur additional overtime costs made Ralph’s Pharmacy the most attractive provider. Fiscal Implications: Cost of the vaccinations will not exceed $7,000 and will use existing funds for such services in the Human Resources budget. Attachments: 1.Vaccination Services Agreement Between the City of Hermosa Beach and Ralph’s Pharmacy of Hermosa Beach. Respectfully Submitted by: David Lantzer, Fire Chief Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 6/4/2015Page 2 of 2 powered by Legistar™ Frm-Vaccination Provider Agreement (vaccination clinic) 7-18-12.doc VACCINATION SERVICES AGREEMENT THIS VACCINATION SERVICES AGREEMENT (“Agreement”) is made and entered into as of the _____ day of _________, 2015 (“Effective Date”), by and between City of Hermosa Beach (hereinafter referred to as “City”) and Ralphs Grocery Company (hereinafter referred to as “PHARMACY”). WITNESSETH WHEREAS, CITY desires to make available vaccinations to certain eligible individuals (hereinafter referred to as “Participants”); and WHEREAS, PHARMACY desires to provide the vaccinations to Participants in accordance with, and subject to, the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, are good and valuable considerations, the receipt and sufficiency of which hereby are acknowledged, the parties hereby agree as follows: 1.DEFINITIONS 1.1 “Services” mean provision and administration of vaccinations by PHARMACY to Participants as set forth on Exhibit A, which is attached hereto and incorporated herein. 1.2 “Participants” mean any individual identified by CITY as eligible to receive Services from PHARMACY. 2.RELATIONSHIP BETWEEN CITY AND PHARMACY 2.1 Independent Contractors. The parties hereto are independent contractors. This Agreement shall not be construed or deemed to create an employer/employee, principal/agent or any relationship between CITY and PHARMACY other than that of independent entities contracting with each other solely for the purpose of carrying out the terms and conditions of this Agreement. Neither party shall hold itself out as the partner, agent or employee of the other party nor make representations or warranties on behalf of the party, except as otherwise expressly agreed to herein. 2.2 Use of Name. Neither party shall be entitled to use the other party’s name or any of its registered, proprietary marks in any endorsements or advertising, except as otherwise expressly provided herein or with the express written consent of the other party, except Frm-Vaccination Provider Agreement (vaccination clinic) 7-18-12.doc for production of PHARMACY listings where PHARMACY authorizes inclusion of its participating pharmacies without prior approval. 2.3 Practice of PHARMACY. The provision of services by PHARMACY shall be exclusively under the direction, control and supervision of the PHARMACY, and CITY shall have no right or authority to interfere with or in any manner direct or control the provision of Services by PHARMACY. 3.CITY RESPONSIBILITIES. 3.1 Availability of Services. CITY will notify Participants of when and where Services are available from PHARMACY. CITY will identify patients eligible to receive Services and provide PHARMACY with all the information required to enable PHARMACY to fulfill its duties and obligations under this Agreement. CITY will provide a workspace for PHARMACY to provide the Services in a setting that will enable PHARMACY to safely provide Services to Participants. CITY will provide furniture, to include, but is not limited to, tables and chairs, and allow PHARMACY personnel reasonable access to telephones for business use. 3.2 Eligibility. CITY shall provide adequate controls for the purpose of monitoring the eligibility of Participants. 3.3 Reimbursement. CITY will reimburse PHARMACY for Services according to the rate(s) set forth on Exhibit A. 4.PHARMACY RESPONSIBILITIES. 4.1 Professional Judgment. PHARMACY reserves the right of professional judgment in the denial of any Services. 4.2 Services. Subject to availability of the vaccine, as referred to in 8.13, PHARMACY agrees to provide the Services to Participants. Services shall be performed in accordance with professional standards and applicable federal, state, and local, laws, rules, and regulations. PHARMACY will provide the Services to Participants for the amounts listed in Exhibit A. 4.3 Documentation. PHARMACY will document Services as required by law and in a manner sufficient for billing purposes. 4.4 Prescription Service Charges. PHARMACY agrees to accept as full payment the amounts set forth in Exhibit A for the Services. PHARMACY will collect, in accordance with its usual collection practices, amounts due for services not covered by this Agreement and any applicable co-insurance or co-pay amounts. 5.PAYMENT. PHARMACY will invoice CITY within _30_ days of provision of the Services rendered. CITY will issue payment within thirty (30) days of receiving the invoice. Frm-Vaccination Provider Agreement (vaccination clinic) 7-18-12.doc 6.TERMS AND TERMINATION 6.1 Term of Agreement. Subject to termination rights set forth in this Agreement, performance under this Agreement shall commence on the Effective Date set forth above and shall continue for a period of _365 days___ or until terminated in accordance with the provisions set forth below. 6.2 Termination for Default. If there is any material default by either party hereto in the performance of the terms and conditions of this Agreement, the non-defaulting party may terminate this Agreement if the defaulting party is provided with written notice of the default and fails to cure the default within ten (10) days of its receipt of such written notice. 6.3 Termination Without Cause. Either party may terminate this Agreement at any time without cause as of a date it specifies, by giving the other party at least thirty (30) days prior written notice of its intent to terminate, including the effective date of termination. Nothing in this Agreement shall be construed to limit either party’s lawful remedies in the event of a material default of this Agreement. 6.4 Immediate Termination. This Agreement may be terminated immediately, upon written notice from either party, in the event of the passage of a law, promulgation of a regulation or an investigation by any regulatory body that would materially and adversely affect or prohibit this Agreement or the performance of either party with regard to the subject of this Agreement. 6.5 Effect of Termination. Following the effective date of termination, this Agreement shall be of no further force and effect except that each party hereto shall remain liable for any rights, obligations or liabilities arising from activities carried on by it under this Agreement prior to the effective date of termination. CITY shall be obligated to process and pay any amount due PHARMACY through the effective date of termination and until all Services rendered through the effective date of termination have been processed and paid. 7.RECORDS, DATA COLLECTION, CITATIONS AND RIGHT TO INSPECT RECORDS. 7.1 Access to Books and Records. Subject to laws, rules and regulations applicable to patient confidentiality, PHARMACY shall permit CITY and its employees or agents access, during regular business hours and upon reasonable written notice, to inspect books and records directly relating to the Services provided hereunder. Such information shall specifically be limited to such records as necessary to permit CITY to audit Participant charges. 7.2 PHARMACY Information. CITY will not, except as required by applicable law or governmental order, release to any party without PHARMACY’S consent, any information relating to PHARMACY which CITY obtains as a result of, or incident to, the relationship described in this Agreement, provided such information is not publicly known or available or otherwise available to CITY on a non-confidential basis. Frm-Vaccination Provider Agreement (vaccination clinic) 7-18-12.doc 7.3 Confidentiality of Patient Information. The parties shall maintain the confidentiality of all records and information relating to a Participant and only release such records and information in accordance with this Agreement or as required or permitted by applicable law or governmental order. Further PHARMACY and CITY each agree to implement reasonable and appropriate administrative, technical and physical security measures to ensure the integrity and confidentiality of Protected Health Information to the extent required the regulations promulgated pursuant to the Health Insurance Portability and Accountability Act as may be amended from time to time. 8.MISCELLANEOUS 8.1 Compliance with Law. The parties hereto agree to comply with all federal, state, and local laws, orders and regulations that are applicable to the terms and conditions of this Agreement. CITY represents and warrants that it is not currently excluded from participation under federal health care programs pursuant to 42 U.S.C. 1320a-7, is not currently the subject of any pending exclusion proceeding under that section, and have not been adjudicated or determined to have committed any action that would subject it to mandatory or permissive exclusion under that section for which such an exclusion has not been implemented. CITY shall notify PHARMACY immediately of its receipt of notice of exclusion or proposed exclusion from federal health care programs under 42 U.S.C. 1320a-7, or of the date of any adjudication or determination that it has committed any action which would subject it to mandatory or permissive exclusion under that section. 8.2 Mutual Indemnification. Each party hereto shall indemnify and hold harmless the other for any and all loss, damage, liability, and expense, including reasonable attorney’s fees and court costs, to the extent caused by the negligent acts or omissions or willful misconduct of the party or the respective party’s employees or agents. If this Agreement is terminated, the rights and obligation of the parties regarding indemnification under this paragraph shall survive the termination of this Agreement regarding any liability for acts for omissions that occurred prior to the termination date. 8.3 Assignment. No assignment of right or delegation of duties under this Agreement shall be made by either party, except to a subsidiary or affiliate of such party, without the express written approval of the other party. Any attempt at assignment in violation of this Section shall be void. Such approval shall not be unreasonably withheld. 8.4 Force Majeure. The duties, obligations, and liabilities hereunder of all parties to this Agreement are limited in the event of circumstances beyond their control, such as a major disaster, epidemic, war, complete or partial destruction of facilities, disability of a significant number of personnel, or significant labor dispute. In such an event, the parties hereto agree to use reasonable efforts under the circumstances to fulfill their duties and obligations under this Agreement. 8.5 Severability. If any provision or application of this Agreement shall be adjudicated to be void or invalid, then the remaining provisions or applications hereof not Frm-Vaccination Provider Agreement (vaccination clinic) 7-18-12.doc specifically so adjudicated to be void or invalid shall be performed and observed without reference to the provision or applications so adjudicated. 8.6 Effect of Severable Provision. In the event that a term or provision of this Agreement is rendered invalid or unenforceable or declared null and void, and its removal has the effect of materially altering the obligations of either CITY or PHARMACY in such a manner as, in the reasonable judgment of the affected party, (i) will cause financial hardship to such party, or (ii) will cause such party to act in violation of its governing or organizational documents, the party so affected shall have the right to terminate this Agreement upon thirty (30) days prior written notice to the other party. 8.7 Notices. All notices required to be given hereunder shall be made in writing and shall be deemed sufficiently given if delivered or mailed by first class registered or certified mail, return receipt requested, to CITY or PHARMACY, at the address set forth below or at such addresses as may subsequently be provided in writing to the respective parties. The notice shall be effective on the date indicated on the return receipt: To PHARMACY: Name: Ralphs Pharmacy Street: 1100 W Artesia Blvd City: Compton, CA 90220 Attn: Rebecca Cupp, RPh To CITY: Name: _City of Hermosa Beach _____ Street: _540 Pier Avenue __________________ City: __Hermosa Beach, CA________________ Attn: __David Lantzer_____________________ 8.8 Amendment. This Agreement or any part or section of it may be amended at any time during the term of the Agreement only by the mutual written consent of a duly authorized representative of CITY and PHARMACY. Any other amendment or alteration of this Agreement without such written consent shall be considered null and void. 8.9 Headings. The heading of articles and sections contained in this Agreement are for reference purposes only and should not affect in any way the meaning or interpretation of this Agreement. 8.10 Governing Law. This Agreement shall be governed by the laws of the State of California. 8.12 No Referrals. No provision of this Agreement is intended as an inducement or offer to give or receive anything of value, either directly or indirectly, for the referral of patients or for the arranging or furnishing of any item or service for which payment may be made by a federal or state health care program. Frm-Vaccination Provider Agreement (vaccination clinic) 7-18-12.doc 8.13 Availability. The parties agree that PHARMACY’S duty to provide Services is subject to the availability of the vaccine(s). Should any vaccine become unavailable or it short supply, PHARMACY will not be required to provide Services for such vaccine(s) pursuant to this Agreement. Furthermore, PHARMACY reserves the right to allocate the vaccine(s) as appropriate in its sole discretion and PHARMACY will have no liability to CITY should the short supply or unavailability of the vaccine(s) prevent PHARMACY from performing under this Agreement. The failure of PHARMACY to provide Services due to the shortage or lack of vaccine(s) will not result in a penalty and will not constitute a breach of this Agreement by PHARMACY and relieves PHARMACY’S obligations pursuant to this Agreement to provide Services. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above. PHARMACY: By: ________________________________________ Name: Valerie Jabbar____________________________ Title: VP of Merchandising, Ralphs Grocery Company_ Date: ________________________________________ CITY By: ________________________ Name: _Tom Bakaly_____________ Title: __City Manager____________ Date: ________________________ Frm-Vaccination Provider Agreement (vaccination clinic) 7-18-12.doc EXHIBIT A SERVICES Vaccine, Locations, Times and Fees IMMUNIZATION PRICES Updated 4.23.15 Apr-15 Name New Contract Rate CPT Codes Hep B Engerix B 10mcg/0.5mL 10 vials (1mL)$45.00 90744 (ADOL)Recombivax HB 5mcg/0.5mL 10x0.5mL*90744 Hep B Engerix B 20mcg/1mL 10 vials (1 mL) $75.00 (ADULT)Engerix B 20mcg/1mL 5x1mL prefilled syr 90746 Recombivax HB 10mcg/mL 1x1mL (manuf out)90743 Recombivax HB 10mcg/mL 10x1mL (manuf out) Hep A Havrix 720ELU/0.5mL 0.5mL x 10 vials $45.00 90633 (ADOL)Havrix 720ELU/0.5mL 0.5mL x 10 prefilled syr Vaqta 25U/0.5mL 0.5mL x 10 vials (manuf out)90633 Hep A Havrix 1440ELU/mL 1mL x 10 prefilled syr $75.00 90632 (ADULT)Havrix 1440ELU/mL 1mL x 5 prefilled syr Vaqta 50U/mL 1mL x 1 vial (manf out)90632 Vaqta 50U/mL 1mL x 10vial (manf out) HepA&B Twinrix 20mcg/720ELU/mL 1mL x 10 prefilled syr $105.00 90636 Twinrix 20mcg/720ELU/mL 1mL x 5 prefilled syr (temp out) Twinrix 20mcg/720ELU/mL 1mL x 5 prefilled syr Pneumo Pneumovax 23 25mcg/0.5mL 10 vials x 0.5 mL $85.00 90732 Pneumovax 23 25mcg/0.5mL 1 vial x 2.5mL Prevnar 13 PFS 0.5mL x 10 $172.00 90670 Prevnar 13 PFS 0.5mL x 1 Tetanus ADACEL 10 single dose vials x 0.5 mL $55.00 (Tdap)ADACEL 5 single dose vials x 0.5 mL (not stocked)90715 BOOSTRIX 10 prefilled syringes x 0.5 mL BOOSTRIX 10 syringes x 0.5 mL 90715 Tetanus DECAVAC 10 single dose vials x 0.5 mL $35.00 90718 (Td)DECAVAC 10 prefilled syringes x 0.5 mL Tenivac 5/2 LFU 10 SDV x 0.5mL 90714 Tenivac 5/2 LFU 10 prefilled syringes x 0.5mL Frm-Vaccination Provider Agreement (vaccination clinic) 7-18-12.doc MMR M-M-R II 10 single dose vials $70.00 90707 MMRV Proquad 10 single dose vials $175.00 90710 Meningo Menactra 4mcg/0.5 mL 5 vials x 0.5mL $120.00 90734 Menomune A/C/Y/W-135 single dose with diluent 90733 Menveo A/C/Y/W-135 5 single dose vials with diluent 90734 HPV Gardasil 1 x 0.5 mL single dose vial $160.00 90649 Gardasil 10 x 0.5 mL single dose vial Gardasil 10 x 0.5 mL prefilled syringes Gardasil 6 x 0.5 mL prefilled syringe Cervarix 5 x 0.5 mL prefilled syringe 90650 Cervarix 10 x 0.5 mL prefilled syringe Zostavax Zostavax SDV w/ separate diluent x 1 $200.00 90736 (Shingles)Zostavax SDV w/ separate diluent x 10 Varicella Varivax SDV w/ separate diluent x 1 $120.00 90716 Varivax SDV w/ separate diluent x 10 *Prefer to order through Cardinal - they will drop ship from Merck (2-day delivery) Polio IPOL 10 prefilled syringes x 0.5 mL (manuf out) $45.00 90713 IPOL 1 vial x 5 mL Yellow Fever YF-VAX 5 single dose vials w/diluent (Vaxserve ONLY)$125.00 90717 YF-VAX 5-dose vial x 1 vial (not stocked) *None instock through Cardinal Location, Date, and Time of Clinic: Ralph’s Pharmacy 1100 Pacific Coast Highway Hermosa Beach, CA 90254 Date: TBD Time: TBD Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0486 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 AWARD OF CONTRACT TO AESCO, INC. AND TWINING, INC. TO PROVIDE ON-CALL GEOTECHNICAL / MATERIALS TESTING AND INSPECTION SERVICES (Public Works Director Andrew Brozyna) Recommended Action: It is recommended that the City Council: 1.Award a Professional Services Agreement (PSA)to AESCO,Inc.to provide on-call materials testing and inspection services in the not-to-exceed amount of $75,000 for three (3) years; 2.Award a Professional Services Agreement (PSA)to Twining,Inc.to provide on-call materials testing and inspection services in the not-to-exceed amount of $75,000 for three (3)years; and 3.Authorize the Director of Public Works to make changes as necessary within the approved budget. Background: Material Testing and Special Inspection Services are an important and necessary component to preliminary design, project development, and construction phase of the City’s Capital Improvement Program (CIP) projects to ensure quality control/quality assurance, conformance to project specifications and State/Federal requirements. Material Testing and Special Inspections firms specialize in various services that range from soil and asphalt product testing and sampling, to concrete, masonry and steel inspection and analysis. The majority of the City’s CIP projects for the current fiscal year and FY2015/16 require some form of material testing and special inspections services. The purpose of entering into an agreement with one or more qualified firms is to provide general material testing and special inspection services on an on-call time and material basis with a fixed fee schedule. This will eliminate the need to enter into agreements and negotiate fees for each individual project requiring this type of work. Furthermore, fee schedule rates for an on-call services agreement are typically more competitive than those presented on a project by project basis. Analysis: Staff solicited Requests for Proposals (RFPs)on March 26,2015 and received proposals on April 21, 2015 from qualified geotechnical/materials testing firms to provide as-needed materials testing and Hermosa Beach Printed on 6/5/2015Page 1 of 2 powered by Legistar™ Staff ReportREPORT 15-0486 2015 from qualified geotechnical/materials testing firms to provide as-needed materials testing and inspection services for the City’s various CIP projects. Scope of services include but are not limited to: •Field inspections and compaction tests for grading and trench backfill and asphalt concrete construction; •Inspections for precast or cast-in-place concrete,welding,high strength fasteners,structural steel, and masonry; •Source inspections for concrete and asphalt concrete plants and inspection of other materials at their source, as-needed; •Review of soils reports and providing recommendations for soils and materials testing; •Materials testing quality assurance during construction in accordance with the City’s plans and specifications, Greenbook, ASTM, Caltrans, and other standards; •Various other materials testing as-needed. Three firms responded to the RFP namely AESCO,Twining,and Kleinfelder,Inc.Staff evaluated the RFPs based on pre-selected criteria including but not limited to qualifications,related experience, and ability to provide the required level of service and responsiveness as required by the City.It was determined that two of the three consultant firms best met the on-going geotechnical/materials testing needs of the City. Furthermore,staff determined that it would be beneficial for the City to have on-call agreements with at least two of the consultant firms to provide sufficient service coverage,and response level for on- going citywide CIP projects.It is recommended that PSAs be awarded to both AESCO and Twining for the not-to-exceed amount of $75,000 each for a period of 3 years. Fiscal Implications: These professional services would be paid from the corresponding CIP project account budgets. Attachments: 1.PSA to AESCO, Inc. for On-Call Geotechnical / Materials Testing and Inspection Services 2.PSA to Twining, Inc. for On-Call Geotechnical / Materials Testing and Inspection Services Respectfully Submitted by: Vince Damasse, Project Manager Concur: Andrew Brozyna, Director of Public Works, P.E. Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 6/5/2015Page 2 of 2 powered by Legistar™ CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE ON-CALL GEOTECHNICAL/ MATERIALS TESTING AND INSPECTION SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND AESCO, INC. This AGREEMENT is entered into this 9th day of June, 2015, by and between the CITY OF CITY OF HERMOSA BEACH, a general law city a municipal corporation (“CITY”) and AESCO, INC., a limited liability company (“CONSULTANT”). R E C I T A L S A. The City desires to obtain on-call geotechnical / materials testing and inspection 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 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 not to exceed of $75,000, 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 B.” 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 Adam Chamaa. 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 be valid for 3 years and shall expire on June 9, 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. 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. 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 the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City. 2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations are by the CONSULTANT or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise. 1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.” 2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have shall be considered excess insurance only and shall not contribute with this policy. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY. C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions. E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above. G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. 18. USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any 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: CITY CONSULTANT City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 ATTN: Andrew Brozyna/Public Works Director AESCO, Inc. 17782 Georgetown Lane Huntington Beach, CA 92647 ATTN: Adam Chamaa / Engineering Manager 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 are 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. 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 work papers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to 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. 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: AESCO, INC. ATTEST: Elaine Doerfling, City Clerk Taxpayer ID No. APPROVED AS TO FORM: Michael Jenkins , City Attorney Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Agreement No. 15.010 CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE ON-CALL GEOTECHNICAL/ MATERIALS TESTING AND INSPECTION SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND TWINING, INC. This AGREEMENT is entered into this 9th day of June, 2015, by and between the CITY OF CITY OF HERMOSA BEACH, a general law city a municipal corporation (“CITY”) and TWINING, INC., a limited liability company (“CONSULTANT”). R E C I T A L S A. The City desires to obtain on-call geotechnical / materials testing and inspection 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 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 not to exceed of $75,000, 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 B.” 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 Edward M. Twining, Jr. 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 be valid for 3 years and shall expire on June 9, 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 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 Page 3 of 10 concerning indemnification. 13. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void. 14. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the 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 Page 4 of 10 non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City. 2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations are 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 Page 5 of 10 liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.” 2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have shall be considered excess insurance only and shall not contribute with this policy. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY. 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 Page 6 of 10 retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. 18. USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any 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. Page 7 of 10 22. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY CONSULTANT City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 ATTN: Andrew Brozyna/Public Works Director Twining, Inc. 2883 E. Spring St., Suite 300 Long Beach, CA 90806 ATTN: Edward Twining, Jr. / CEO 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 are 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 Page 8 of 10 engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY. 29. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. 30. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. 31. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. 32. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled. 33. STATEMENT OF EXPERIENCE. By executing this Agreement, 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 work papers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to 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. 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 Page 9 of 10 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: TWINING, INC. ATTEST: Elaine Doerfling, City Clerk Taxpayer ID No. APPROVED AS TO FORM: Michael Jenkins , City Attorney Page 10 of 10 Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 Memorandum TO: Mayor and City Council From: Andrew Brozyna., Director of Public Works/City Engineer DATE: June 9, 2015 RE: Item 2K Supplemental – Request for clarification regarding on-call geotechnical/ materials testing and inspection consultant selections This memo is to provide the City Council with clarification on the selection of the consultants to provide on-call geotechnical / materials testing and inspection services. Staff reviewed all 3 proposals for on-call geotechnical / materials testing and inspection services and determined that AESCO, Inc. and Twining, Inc. were the best-qualified firms to meet the City’s on-going geotechnical / materials testing needs. The consultants were selected based on several criteria including but not limited to team resumes, related experience, approach, location, the ability to respond in a timely manner, and other criteria. Based on the City’s past experience with AESCO performing various geotechnical and materials services, it was determined that this particular consultant had in-depth knowledge of the City’s standards and needs. Staff has been very satisfied with the past services provided by AESCO. Staff also determined that it would be prudent to have at least one additional firm as a back-up consultant. Thus, Twining, Inc. who provides similar services to neighboring cities and has the ability to remain locally responsive was chosen as the alternative geotechnical / materials testing consulting firm. Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0483 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 AWARD OF CONTRACT TO HARTZOG & CRABILL, INC. AND QUANTUM CONSULTING, INC. TO PROVIDE ON CALL TRAFFIC ENGINEERING SERVICES (Public Works Director Andrew Brozyna) Recommended Action: It is recommended that the City Council: 1.Award a Professional Services Agreement (PSA)to Hartzog &Crabill,Inc.in the not-to- exceed amount of $150,000 for a period of three (3)years to provide on-call traffic engineering services; 2.Award a Professional Services Agreement (PSA)to Quantum Consulting,Inc.in the not-to- exceed amount of $150,000 for a period of three (3)years to provide on-call traffic engineering services; and 3.Authorize the Director of Public Works to make changes as necessary within the approved budget. Background: Staff solicited Requests for Proposals (RFPs)on April 7,2015 from qualified traffic engineering civil design firms to provide as-needed on-call traffic engineering design and operational support services. Scope of services include but are not limited to: ·Responding to Citizen input, questions, and/or complaints ·Preparing reports entailing investigations of requests for traffic control devices, installation of and/or modifications such as traffic signals, stop signs, parking regulations, speed zones, channelization, crosswalks, etc. ·Provide traffic engineering review for proposed City projects, development projects, encroachment permits, and City special events ·Identifying, reviewing, and developing recommended corrective measures for high-volume streets ·Providing transportation planning Three firms responded to the RFP namely Quantum Consulting,Hartzog &Crabill,Inc.,and W.G. Zimmerman Engineering,Inc.Staff evaluated the RFPs based on pre-selected criteria including but not limited to qualifications,related experience,and ability to provide the required level of responsiveness as required by the City.It was determined that two of the three firms best met the onHermosa Beach Printed on 6/4/2015Page 1 of 2 powered by Legistar™ Staff ReportREPORT 15-0483 responsiveness as required by the City.It was determined that two of the three firms best met the on -going operational traffic needs of the City. Furthermore,staff determined that it would be beneficial for the City to have on-call agreements with at least two of the consultant firms to provide sufficient service coverage,and response level for on- going City traffic issues should the need arise. It is recommended that PSAs be awarded to both Hartzog & Crabill, Inc. and Quantum Consulting, Inc. for the not-to-exceed amount of $150,000 each for a period of 3 years. Fiscal Implications: The professional services would be paid from the Street Maintenance/Traffic Safety budget (General Fund Account No.001-3104-4201)in the not-to-exceed amount of $150,000 for a period of 3 years for each Consultant. Attachments: 1. PSA for Hartzog & Crabill, Inc.to Provide On-Call Traffic Engineering Services 2. PSA for Quantum Consulting, Inc. to Provide On-Call Traffic Engineering Services Respectfully Submitted by: Vince Damasse, Consultant Project Manager Concur: Andrew Brozyna, P.E., Director of Public Works Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 6/4/2015Page 2 of 2 powered by Legistar™ Agreement No. 15.007 CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE ON-CALL TRAFFIC ENGINEERING SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND HARTZOG & CRABILL, INC. This AGREEMENT is entered into this 9th day of June, 2015, by and between the CITY OF CITY OF HERMOSA BEACH, a general law city a municipal corporation (“CITY”) and HARTZOG & CRABILL, INC., a limited liability company (“CONSULTANT”). R E C I T A L S A. The City desires to obtain on-call traffic engineering 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 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 not to exceed of $150,000, 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 B.” 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 Jerald J. Stock. 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 be valid for 3 years and shall expire on June 9, 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 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 two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations are 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: Andrew Brozyna/Public Works Director Hartzog & Crabill, Inc. 17852 E. 17th Street, Ste. 101 Tustin, CA 92780 ATTN: Trammel Hartzog / President 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 are 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 Page 8 of 10 with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY. 29. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. 30. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. 31. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. 32. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled. 33. STATEMENT OF EXPERIENCE. By executing this Agreement, 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 work papers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to 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. 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. Page 9 of 10 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: HARTZOG & CRABILL, Inc. ATTEST: Elaine Doerfling, City Clerk Taxpayer ID No. APPROVED AS TO FORM: Michael Jenkins , City Attorney Page 10 of 10 Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Agreement No. 15.008 CONTRACT FOR PROFESSIONAL SERVICES TO PROVIDE ON-CALL TRAFFIC ENGINEERING SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND QUANTUM CONSULTING, INC. This AGREEMENT is entered into this 9th day of June, 2015, by and between the CITY OF CITY OF HERMOSA BEACH, a general law city a municipal corporation (“CITY”) and QUANTUM CONSULTING, INC., a limited liability company (“CONSULTANT”). R E C I T A L S A. The City desires to obtain on-call traffic engineering 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 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 not to exceed of $150,000, 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 B.” 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 Frank Bigdeli. 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 be valid for 3 years and shall expire on June 9, 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 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 two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations are 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: Andrew Brozyna/Public Works Director Quantum Consulting, Inc. 2720 Sepulveda Blvd., Suite 100 Torrance, CA 90505 ATTN: Frank Bigdeli/ President 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 are 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 Page 8 of 10 with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY. 29. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. 30. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. 31. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. 32. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled. 33. STATEMENT OF EXPERIENCE. By executing this Agreement, 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 work papers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to 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. 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. Page 9 of 10 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: QUANTUM CONSULTING, Inc. ATTEST: Elaine Doerfling, City Clerk Taxpayer ID No. APPROVED AS TO FORM: Michael Jenkins , City Attorney Page 10 of 10 Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 Memorandum TO: Mayor and City Council From: Andrew Brozyna., Director of Public Works/City Engineer DATE: June 9, 2015 RE: Item 2L Supplemental –Request for Clarification Regarding On-Call Traffic Engineering Consultant Selections This memo is to provide the City Council with clarification on the selection of the consultants to provide on-call traffic engineering services. Staff reviewed all 3 proposals for on-call traffic services and determined that Hartzog & Crabill, Inc. and Quantum were the best-qualified firms to meet the City’s on-going traffic needs. The consultants were selected based on several criteria including but not limited to team resumes, related experience, approach, location, the ability to respond in a timely manner, and other criteria. Based on the City’s experience with Hartzog & Crabill as the City’s current on-call traffic consultant, it was determined that this particular consultant has invaluable in-depth knowledge of the City’s traffic infrastructure and needs. Staff has been very satisfied with the past services provided by Hartzog & Crabill, and was determined to be the best-qualified firm for on-call traffic services. Staff also determined that it would be prudent to have at least one additional firm as a back-up consultant to meet the City’s traffic operation needs. Thus, Quantum Consulting, Inc. who provides similar services to neighboring cities was also selected. Quantum Consulting, Inc. is located in Torrance, CA, is familiar with the City and has provided consulting services for the City on other projects and assignments. Staff has been very satisfied with the past services provided by Quantum Consulting, Inc. Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 ORDINANCE NO. 15-1352 ENTITLED “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE CHANGE FROM C-2 (RESTRICTED COMMERCIAL) TO OS (OPEN SPACE) FOR TWO PROPERTIES LOCATED ON THE WEST SIDE OF BARD STREET (1309 AND THE ADJACENT LOT), LEGALLY DESCRIBED AS NE 1/2 MEASURED ON NW AND SE LINES OF LOT 11, AND NE 79.2 FEET (MEASURED ON SW LINE) OF LOT 10, TRACT 780, CITY OF HERMOSA BEACH, CALIFORNIA.” (City Clerk Elaine Doerfling) Recommended Action: It is recommended that the City Council waive full reading and adopt by title Ordinance No. 15-1352. Background: At its meeting of May 26, 2015, the subject ordinance was presented to the City Council for consideration and was introduced by the following vote: Ayes:Barragan, Fangary, Petty, Mayor Tucker Noes:None Absent:DiVirgilio Abstain:None Attachments: 1.Ordinance No. 15-1352 Submitted by: Elaine Doerfling, City Clerk Concur: Tom Bakaly, City Manager File #:REPORT 15-0474,Version:1 Hermosa Beach Printed on 6/5/2015Page 1 of 1 powered by Legistar™ Page 1 of 3 15-1352 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. 15-1352 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING A ZONE CHANGE FROM C-2 (RESTRICTED COMMERCIAL) TO OS (OPEN SPACE), FOR TWO PROPERTIES LOCATED ON THE WEST SIDE OF BARD STREET (1309 AND THE ADJACENT LOT), LEGALLY DESCRIBED AS NE 1/2 MEASURED ON NW AND SE LINES OF LOT 11, AND NE 79.2 FEET (MEASURED ON SW LINE) OF LOT 10, TRACT 780, CITY OF HERMOSA BEACH, CALIFORNIA) THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City of Hermosa Beach initiated an application for an amendment to the General Plan Land Use Map from GC (General Commercial) to OS (Open Space) and rezone from C-2 (Restricted Commercial) to OS (Open Space) on two parcels totaling 6685+ square feet owned by the City of Hermosa Beach and currently occupied by City Police and Fire Department operations and Friends of the Library, including 1309 Bard Street, located to the rear of the Civic Center, on the west side of Bard Street adjacent to the City of Hermosa Beach employee parking lot (Assessor’s Parcel Numbers 4187-020-905 and 4187-020-906). (GP 15-2, ZON 15-1) SECTION 2.The Planning Commission conducted a duly noticed public hearing to consider the subject application on April 21, 2015, at which time testimony and evidence, both written and oral, was presented to and considered by the Planning Commission, and the Planning Commission recommended approval of said zone change. SECTION 3. The proposed General Plan Amendment and rezoning is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15322 because the project conforms General Plan and Zoning designations with land uses on the parcels that have existed for over a decade within existing buildings which will not be expanded or materially altered; the site is an existing urbanized site of less than one acre; the Page 2 of 3 15-1352 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 amendments are otherwise consistent with the intent of the proposed General Plan and Zoning designations; the amendments would not result in significant effects to traffic, noise, air quality, or water quality; the site currently exhibits adequate utilities and public services; and therefore no impacts will occur. SECTION 4. Based on evidence received at the public hearing, the City Council concurs with the Planning Commission and makes the following factual findings: 1. The parcels are zoned C-2 (Restricted Commercial). 2. The subject lots are owned by the City and have been and will continue to be occupied by Police and Fire Department operations and the Friends of the Library, and the re- designations will conform land uses and designations and provide for the orderly development of the City. 3. The zone change will be consistent with the City Council Resolution No. 15-6963 to amend the General Plan to redesignate the subject properties from General Commercial to Open Space and is thus consistent with the General Plan and will carry out the general purposes of the Zoning Ordinance. SECTION 5.Based on the foregoing, the City Council hereby ordains a Zone Change from C-2 (Restricted Commercial) to OS (Open Space) as shown in Exhibit A. 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. 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. Page 3 of 3 15-1352 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 8. 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 9th of June, 2015 by the following vote: AYES: Barragan, DiVirgilio, Fangary, Petty, Mayor Tucker 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 Staff ReportREPORT 15-0495 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 ADOPTION OF 2015-2016 BUDGET (Finance Director Viki Copeland) Recommended Action: It is recommended that the City Council: 1.Review revisions and corrections to the budget recommended by staff as outlined below; 2.Review the attached list of Budget Workshop Discussion Items from 5/21/15 for potential modifications to the budget; 3.Hear public testimony regarding the 2015-16 Budget; 4.Adopt Resolution 15- XXXX, approving the 2015-16 Budget; 5.Approve contracts for services contained herein. Background: A budget workshop was held on May 21, 2015. Presentations were made on: Strategic Planning/Fiscal Health; the Priority Based Budgeting Model from the Center for Performance Based Budgeting; the Capital Improvement Program; Overview of the Preliminary Budget and Departmental Performance Measures. Councilmembers reviewed the budget and asked questions. Analysis: Review of Revisions and Corrections to Preliminary Budget Staff has identified the following changes and corrections to recommend for approval since the study session/public hearing on 5/21/15: General Fund ·Additional revenue of $5,686 from Amplified Sound Permit not included in the preliminary budget. (Page 63 of the budget, account 3214.) ·Reduction of the amount appropriated for Contract Services for the City Prosecutor of $41,996 Hermosa Beach Printed on 6/4/2015Page 1 of 5 powered by Legistar™ Staff ReportREPORT 15-0495 (from $242,000 to $200,004). (Pages 114-115 of the budget.) ·Reduction of Police overtime by $50,000 (from $315,285 to $265,285). (Page 189 of the budget.) ·Convert the Assistant to the City Manager position to Human Resources Manager. The salary for this position will not change; however, the position will no longer be allocated to Community Resources. No overall change in the amount of the budget. (Pages 142 and 171 of the budget.) ·Change the Senior Recreation Supervisor to Recreation Manager, with a 10% salary increase. This will result in an overall increase in salary and benefits of $9,828. (Page 142 of the budget.) ·Add additional appropriation of $18,758 to Personal Services for City Clerk to cover additional compensation during the election period. (Page 100 of the budget.) ·Reduction of the fund balance assigned for Contingencies of $10,257 (from $5,235,850 to $5,225,593) due to the overall reduction to the operating budget from the corrections noted above. (As noted in the attached revised 2015-16 Budget Summary.) The Contingency is 16% of the General Fund operating budget. Equipment Replacement Fund ·Reduction of the amount appropriated for Personal Services for Equipment Services in the Equipment Replacement Fund of 71,036 (from $295,222 to $224,186). (Page 214 of the budget.) The above revisions result in additional funds available of $79,353 from the General Fund and $71,036 from the Equipment Replacement Fund. It is recommended that the following funds be added to the CIP projects for South Park and the Fire Station Renovation & Upgrade. ·Additional appropriation of $200,000 for CIP 11-537 South Park Playground Improvements (see separate agenda item 7b for details) and $20,000 for CIP 15-607 Fire Station Renovation & Upgrades for termite damage repairs. This utilizes $79,353 from the General Fund (001), $69,611 from the Park/Recreation Facility Tax Fund (125), and $71,036 from the Equipment Replacement Fund (715) made available from the aforementioned changes. (Pages 281 and 287 of the budget.) See attached revised CIP pages and revised CIP summary. Hermosa Beach Printed on 6/4/2015Page 2 of 5 powered by Legistar™ Staff ReportREPORT 15-0495 AB939 Fund ·Additional appropriation of $3,000 for memberships for Source Reduction/Recycling Element. (Page 135 of the budget.) Budget Workshop Discussion Items from 5/21/15 It is recommended that the City Council review the attached list of items from the Budget Workshop and determine if any changes to the budget are necessary. Any changes may be incorporated into the motion to approve the budget, with changes reflected in the Adopted Budget. The Budget Summary and resolution will be modified according to City Council direction. Contracts for Services The following contracts are for services budgeted in various departments. Rather than submitting them individually on future agendas, we are submitting them en masse. Based on Council comments last year, we have provided more detailed explanations for the contracts. If further information is needed, staff will provide it. The contracts are on file for review in the Finance Department. DEPARTMENT/CONTRACTOR SERVICE PROVIDED TERM/AMOUNT Finance Administration Prosum Technology Services Ongoing network and information technology (IT) support. Firm selected by RFP for network design. Subsequently in-house IT service outsourced to this firm. Contract pricing has remained the same. 7/1/15-6/30/17 $12,659 per month Pun & McGeady LLP Annual Financial Audit Services. Council awarded bid July 2012 for a 3 year contract, with a provision for a 2 year extension. 7/1/14 – 6/30/15, 7/1/15 - 6/30/16 $20,800/year Public Works MBF Consulting, Inc. Engineering support services to prepare final design documents for various sewer facilities per master plan recommendations. Consultant also assists the City in meeting the Sanitary Sewer Overflows (SSOs) and the Waste Discharge Requirements (WDR). Under SSO/WDR rules, City must show all feasible steps were taken to prevent an SSO from occurring. Contract did not go out to bid as MBF has extensive knowledge of the City’s sewer system and prepared the Sewer Master Plan. 7/1/15 - 6/30/16 Not to exceed $140,000 Kathleen McGowan, P.E. Municipal Separate Sewer System (MS4) Permit and Total Daily Maximum Loads (TMDL) Consultant. MS4 permit identifies conditions, requirements, and programs that municipalities must implement to protect regional water resources from adverse impacts associated with pollutants in Stormwater and urban runoff. Support implementing the Beach Cities Enhanced Watershed Management Program (EWMP) and Coordinated Integrated Monitoring Program (CIMP). During 2015-16, the City will need to update the Stormwater management programs to incorporate new requirements under the MS4 Permit so staff will be prepared to implement updated programs upon approval of EWMP by Los Angeles Regional Water Quality Control Board (regional board). Contract did not go out to bid as consultant is extremely familiar with City’s storm water system and is one of the most highly respected consultants in this field. 7/1/15 - 6/30/16 Not to exceed $79,500 Civil Source, Inc. Staff augmentation for Engineering Support, including plan checks, permits, inspections and technical support. Contract did not go out to bid but will be in the coming months. However, a contract is needed to ensure sufficient staff until that time. 7/1/15 – 6/30/16 Not to exceed $185,120 Hermosa Beach Printed on 6/4/2015Page 3 of 5 powered by Legistar™ Staff ReportREPORT 15-0495 DEPARTMENT/CONTRACTOR SERVICE PROVIDED TERM/AMOUNT Finance Administration Prosum Technology Services Ongoing network and information technology (IT) support. Firm selected by RFP for network design. Subsequently in-house IT service outsourced to this firm. Contract pricing has remained the same. 7/1/15-6/30/17 $12,659 per month Pun & McGeady LLP Annual Financial Audit Services. Council awarded bid July 2012 for a 3 year contract, with a provision for a 2 year extension. 7/1/14 – 6/30/15, 7/1/15 - 6/30/16 $20,800/year Public Works MBF Consulting, Inc. Engineering support services to prepare final design documents for various sewer facilities per master plan recommendations. Consultant also assists the City in meeting the Sanitary Sewer Overflows (SSOs) and the Waste Discharge Requirements (WDR). Under SSO/WDR rules, City must show all feasible steps were taken to prevent an SSO from occurring. Contract did not go out to bid as MBF has extensive knowledge of the City’s sewer system and prepared the Sewer Master Plan. 7/1/15 - 6/30/16 Not to exceed $140,000 Kathleen McGowan, P.E. Municipal Separate Sewer System (MS4) Permit and Total Daily Maximum Loads (TMDL) Consultant. MS4 permit identifies conditions, requirements, and programs that municipalities must implement to protect regional water resources from adverse impacts associated with pollutants in Stormwater and urban runoff. Support implementing the Beach Cities Enhanced Watershed Management Program (EWMP) and Coordinated Integrated Monitoring Program (CIMP). During 2015-16, the City will need to update the Stormwater management programs to incorporate new requirements under the MS4 Permit so staff will be prepared to implement updated programs upon approval of EWMP by Los Angeles Regional Water Quality Control Board (regional board). Contract did not go out to bid as consultant is extremely familiar with City’s storm water system and is one of the most highly respected consultants in this field. 7/1/15 - 6/30/16 Not to exceed $79,500 Civil Source, Inc. Staff augmentation for Engineering Support, including plan checks, permits, inspections and technical support. Contract did not go out to bid but will be in the coming months. However, a contract is needed to ensure sufficient staff until that time. 7/1/15 – 6/30/16 Not to exceed $185,120 Hermosa Beach Printed on 6/4/2015Page 4 of 5 powered by Legistar™ Staff ReportREPORT 15-0495 DEPARTMENT/CONTRACTOR SERVICE PROVIDED TERM/AMOUNT Finance Administration Prosum Technology Services Ongoing network and information technology (IT) support. Firm selected by RFP for network design. Subsequently in-house IT service outsourced to this firm. Contract pricing has remained the same. 7/1/15-6/30/17 $12,659 per month Pun & McGeady LLP Annual Financial Audit Services. Council awarded bid July 2012 for a 3 year contract, with a provision for a 2 year extension. 7/1/14 – 6/30/15, 7/1/15 - 6/30/16 $20,800/year Public Works MBF Consulting, Inc. Engineering support services to prepare final design documents for various sewer facilities per master plan recommendations. Consultant also assists the City in meeting the Sanitary Sewer Overflows (SSOs) and the Waste Discharge Requirements (WDR). Under SSO/WDR rules, City must show all feasible steps were taken to prevent an SSO from occurring. Contract did not go out to bid as MBF has extensive knowledge of the City’s sewer system and prepared the Sewer Master Plan. 7/1/15 - 6/30/16 Not to exceed $140,000 Kathleen McGowan, P.E. Municipal Separate Sewer System (MS4) Permit and Total Daily Maximum Loads (TMDL) Consultant. MS4 permit identifies conditions, requirements, and programs that municipalities must implement to protect regional water resources from adverse impacts associated with pollutants in Stormwater and urban runoff. Support implementing the Beach Cities Enhanced Watershed Management Program (EWMP) and Coordinated Integrated Monitoring Program (CIMP). During 2015-16, the City will need to update the Stormwater management programs to incorporate new requirements under the MS4 Permit so staff will be prepared to implement updated programs upon approval of EWMP by Los Angeles Regional Water Quality Control Board (regional board). Contract did not go out to bid as consultant is extremely familiar with City’s storm water system and is one of the most highly respected consultants in this field. 7/1/15 - 6/30/16 Not to exceed $79,500 Civil Source, Inc. Staff augmentation for Engineering Support, including plan checks, permits, inspections and technical support. Contract did not go out to bid but will be in the coming months. However, a contract is needed to ensure sufficient staff until that time. 7/1/15 – 6/30/16 Not to exceed $185,120 Budget Resolution/Summary The Budget Summary is attached to the budget resolution, as “Exhibit A”, at the end of this packet. Adopted Budget The Adopted Budget will include all changes, revisions, corrections and the Departmental Performance Measures presented at the workshop. The Budget Message will be revised to reflect any changes. Both the Adopted Budget and the Budget in Brief document will be posted to the website and distributed to departments and City Council who want a printed copy. The Adopted Budget will also be submitted to the Government Finance Officers Association (GFOA) for the budget award program for the third time. The award is only good for a one year period. Attachments: 1. CIP 11-537 South Park Playground Improvements 2. CIP 15-607 Fire Station Renovation & Upgrades 3. CIP Spreadsheet & Summary 4. Budget Workshop Discussion Items 5. Resolution 15-XXXX 2015-16 Budget Adoption Respectfully Submitted by: Viki Copeland, Finance Director Concur: Tom Bakaly, City Manager Hermosa Beach Printed on 6/4/2015Page 5 of 5 powered by Legistar™ CITY OF HERMOSA BEACH CAPITAL IMPROVEMENT PROJECT REQUEST FISCAL YEAR 2015-16 DEPARTMENT: PUBLIC WORKS PRIORITY NO.: ACCOUNT NO.: CATEGORY: Park Improvements 001-8537-4201 121-8537-4201 125-8537-4201 301-8537-4201 715-8537-4201 PROJECT NO./TITLE: CIP 11-537 South Park Playground Improvement PROJECT DESCRIPTION: Demolition of existing skate rink and construction of natural playground for 2-5 year old and 6-12 year old play area. Additional items are added to the project such as ADA parking , Picnic Tables, Benches and Automatic Irrigation System. STATUS: Design completed in FY 14-15. Construction starting end of FY 14-15 COST TO COMPLETE PROJECT REMAINING PRIOR YEAR FUNDS Design $69,230 Construction $915,710 001 General Fund $103,981 121 Prop A Open Space Fund $ 41,470 125 Park/Rec Facility Tax Fund $158,791 301 Capital Improvement Fund $114,259 CURRENT REQUEST 001 General Fund $79,353 125 Park/Rec Facility Tax Fund $223,049 715 Equipment Replacement Fund $51,036 PROJECT TOTAL: $984,940 TOTAL FY 15-16 CIP FUNDING: $771,939 CITY OF HERMOSA BEACH CAPITAL IMPROVEMENT PROJECT REQUEST FISCAL YEAR 2015-16 DEPARTMENT: PUBLIC WORKS PRIORITY NO.: ACCOUNT NO.: CATEGORY: Public Building and Ground Improvements 001- 8607-4201 715- 8607-4201 PROJECT NO./TITLE: CIP 15-607 Fire Station Renovation & Upgrades PROJECT DESCRIPTION: Upgrades and repairs to the fire station, including: • Repair and new paint to interiror and exterior walls. • Replace first floor carpet. • Install double-pane windows on second floor. • Relocate air compressor in tower into new cabinet. • Replace kitchen cabinets • Repair Termite Damage JUSTIFICATION: The 56 year old fire station is regularly in need of repairs, upgrades and replacement of old and worn building materials and equipment. STATUS: Apparatus bay door completed 13-14. Sliding glass door repaired in 14-15. Kitchen cabinets and new items listed in CIP 13-606 to be addressed in CIP 15-607 for FY 15-16. COST TO COMPLETE PROJECT REMAINING PRIOR YEAR FUNDS Interior repair/paint $10,000 Exterior repair/paint $16,000 First floor carpet $3,500 Double-pane windows $6,500 CURRENT REQUEST Compressor relocation $2,500 Kitchen cabinets $16,000 001 General Fund $54,500 Termite damage repair $20,000 715 Equipment Replacement Fund $20,000 PROJECT TOTAL: $74,500 TOTAL FY 15-16 CIP FUNDING: $74,500 Goal CIP NO.PROJECT NAME General Fund State Gas Tax Fund Tyco fund Park/Rec Facility Tax Fund CDBG Funds Measure R Fund Sewer Fund Capital Improvement Fund Equipment Replacement Fund TOTAL Current Year Request TOTAL CIP FUNDING FY 15-16 001 115 122 125 140 147 160 301 715 Fund Amount 0 001 208,468 208,468 122 228,000 228,000 0 147 296,157 296,157 0 301 16,843 16,843 0 749,468 3 15-129 Street Improvements -- Various Locations 220,000 204,078 201,257 201,326 191,339 1,018,000 1,018,000 0 301 67,450 67,450 0 67,450 264,296 264,296 001 1 192,905 457,201 0 115 34,581 34,581 0 145 274,892 274,892 0 146 533,326 533,326 0 1,300,000 0 147 140,714 140,714 0 150 95,261 95,261 0 235,975 4 14-168 Valley Drive Sharrows 0 001 20,000 20,000 1 14-173 8th Street SR2S Improvements 140,000 140,000 0 140,000 220,000 204,078 341,257 0 0 201,326 0 455,635 0 1,422,296 2,108,597 3,530,893 0 001 104,975 104,975 104,975 3 15-403 Sewer Rehabilitation Program 5,500,000 5,500,000 5,500,000 0 0 0 0 0 0 5,500,000 0 0 5,500,000 104,975 5,604,975 4 14-503 Lawn Bowling Green Complex 0 301 60,000 60,000 79,353 79,353 001 103,981 183,334 121 41,470 41,470 223,049 223,049 125 158,791 381,840 51,036 51,036 301 114,259 165,295 771,939 001 83,592 83,592 125 60,261 60,261 143,853 001 100,000 100,000 125 100,000 100,000 301 27,000 27,000 227,000 79,353 0 0 223,049 0 0 0 0 51,036 353,438 849,354 1,202,792 Sewer Improvements -- Various Locations TOTAL FOR PROJECT PARK IMPROVEMENTS SUBTOTAL PCH Traffic Improvements TOTAL FOR PROJECT TOTAL FOR PROJECT 3 14-128 Street Improvements -- Various Locations TOTAL FOR PROJECT PCH/Aviation Mobility Improvement Project Gould Avenue Street Improvements STREET AND HIGHWAY IMPROVEMENTS SEWER/STORM DRAIN IMPROVEMENTS PARK IMPROVEMENTS 4 14-541 Clark Field Energy Efficient Electrical Upgrades - Phase II 11-5374 TOTAL FOR PROJECT TOTAL FOR PROJECT 4 13-538 Citywide Park Master Plan TOTAL FOR PROJECT 14-402 STREET AND HIGHWAY IMPROVEMENTS South Park Playground Improvement City of Hermosa Beach DEPARTMENT OF PUBLIC WORKS CAPITAL IMPROVEMENT PROGRAM - FY2015-16 Remaining Prior Year Funding 12-160 SEWER/STORM DRAIN IMPROVEMENTS 3 5 3 12-143 11-141 TOTAL FOR PROJECT 3 Goal CIP NO.PROJECT NAME General Fund State Gas Tax Fund Tyco fund Park/Rec Facility Tax Fund CDBG Funds Measure R Fund Sewer Fund Capital Improvement Fund Equipment Replacement Fund TOTAL Current Year Request TOTAL CIP FUNDING FY 15-16 001 115 122 125 140 147 160 301 715 Fund Amount City of Hermosa Beach DEPARTMENT OF PUBLIC WORKS CAPITAL IMPROVEMENT PROGRAM - FY2015-16 Remaining Prior Year Funding 1 15-607 Fire Station Renovation & Upgrades 54,500 20,000 74,500 74,500 5 12-609 Downtown Strategic Plan Implementation 50,000 50,000 001 197,832 247,832 1 14-614 Police Facilities Improvements 20,000 20,000 001 87,000 107,000 3 15-615 New Corporate Yard Facility 50,000 50,000 50,000 1 14-632 Fire Department Tower Demolition 20,000 20,000 001 204,000 224,000 4 15-634 Municipal Solar Facility Plan and Installations 50,000 50,000 50,000 4 15-650 Community Center General Improvements - Phase III 50,000 50,000 50,000 0 122 20,000 20,000 0 140 30,000 30,000 0 50,000 0 001 40,946 40,946 0 125 25,000 25,000 150,000 150,000 715 2 167,156 317,156 0 383,102 1 15-657 City Right of Way ADA Improvements 100,000 3 66,000 166,000 140 72,000 238,000 0 122 130,000 130,000 0 123 3,318 3,318 0 133,318 1 15-660 Municipal Pier Structural Repairs – Phase III 200,000 200,000 200,000 0 001 29,067 29,067 0 150 275,000 275,000 0 304,067 5 13-664 Comprehensive City Facilities Master Plan 20,000 20,000 001 75,000 95,000 3 15-665 LED Lights for Lot D 16,500 16,500 16,500 4 15-667 Community Center, Plaza, and Park Improvements 46,807 4 22,881 69,688 69,688 477,807 0 0 22,881 66,000 0 0 200,000 170,000 936,688 1,356,319 2,293,007 777,160 204,078 341,257 245,930 66,000 201,326 5,500,000 655,635 221,036 8,212,422 4,419,245 12,631,667 Footnotes: 1 Chevron Funds, Coke Drum Project 3 CDBG Exchange Funds 2 Partially Reimbursable from SCE 4 $19,348 of the Greenwald Donation to replace the Community Center Marquee. $15,000 of the Beach/Plaza Assigned Funds to relocate the Jazz and Surfer's Walk of Fame. TOTAL FOR PROJECT TOTAL FOR PROJECT PUBLIC BUILDING AND GROUND IMPROVEMENTS TOTAL FOR PROJECT Citywide Energy Conservation Upgrades13-6564 TOTAL FOR PROJECT City Facilities ADA Improvements13-6551 Municipal Pier Structural Repairs – Phase II PUBLIC BUILDING AND GROUND IMPROVEMENTS SUBTOTAL FUND TOTALS 1 13-659 4 10-661 Surfing Memorial Statue Fund #Fund Name Prior Year Current Year Total 001 General Fund $1,447,766.00 $777,160.00 $2,224,926.00 115 State Gas Tax Fund $34,581.00 $204,078.00 $238,659.00 121 Prop A Open Space Fund $41,470.00 $0.00 $41,470.00 122 Tyco Fund $378,000.00 $341,257.00 $719,257.00 123 Tyco Tidelands $3,318.00 $0.00 $3,318.00 125 Park/Rec Facility Tax Fund $344,052.00 $245,930.00 $589,982.00 140 CDBG Funds $102,000.00 $66,000.00 $168,000.00 145 Prop A Fund $274,892.00 $0.00 $274,892.00 146 Proposition C Fund $533,326.00 $0.00 $533,326.00 147 Measure R Fund $436,871.00 $201,326.00 $638,197.00 150 Grants Fund $370,261.00 $0.00 $370,261.00 160 Sewer Fund $0.00 $5,500,000.00 $5,500,000.00 301 Capital Improvement Fund $285,552.00 $655,635.00 $941,187.00 715 Equipment Replacement Fund $167,156.00 $221,036.00 $388,192.00 Total $4,419,245.00 $8,212,422.00 $12,631,667.00 1 2 3 4 5 Enhanced Economic Development Through Revitalized Downtown And Entry Corridors City of Hermosa Beach DEPARTMENT OF PUBLIC WORKS CAPITAL IMPROVEMENT PROGRAM FUNDING SUMMARY 2015-16 Goals: Commitment to a Safe Community Financially Sound City Government High Performing City Providing 1st Class Services More Livable, Sustainable City Budget Workshop Discussion Items 5/21/15 Staff comments are in italics Numbers are for reference only 1. Reserve Sewer Funds for Bond Issue (Tucker)  Discuss with financial advisor after sewer fee is approved 2. Downtown cost vs. revenue (Fangary)  This information will be provided as a supplemental. 3. Use $1.4 in Capital Improvement Funds for Oil (Fangary)  This is an estimate of funds that may be available after closing of the books for 2014-15. The actual amount will be reviewed at Midyear Budget Review. 4. Research sign contribution by Chamber (Fangary)  Staff confirmed that donated funds are specifically for the sign. 5. City Council Intern (Fangary)  There was not majority support from City Council for this item. 6. Discussion of changing City Council travel to $5,000 (Tucker)  The Preliminary Budget includes $5,000 per Councilmember for travel and conference and funds for cell phones for each Councilmember. 7. Broader discussion about City Council benefits (Fangary)  See attached information provided at Budget Workshop (Attachment A). 8. Searchable items on website (Fangary)  This item involves the saving of documents to the website and can be implemented by staff. 9. Bike racks, discuss allocating more funds (Fangary)  Staff recommended coming back after installation and asking for more funds at Midyear Budget Review. 10. Discuss the Corporate Yard Facility Project in more detail (Barragan) 11. ADA Improvements (Barragan)  A citywide study is underway. When it is complete, a prioritized list of needs will be available. 12. 8th Street Improvements (Barragan)  Funds in the 2015-16 Budget are adequate for design of the project. Funds may be added to the project at Midyear Budget Review once the cost estimate is received. It is estimated that $1.4 million may be left at year end in the General Fund to transfer to the Capital Improvement Fund. 13. Capital contribution is too low (Petty)  See attached worksheet of General Fund Capital Contribution History (Attachment B) 14. What is the plan for improving walkability? (Petty)  This would be a good topic for discussion at the Strategic Planning Session. 15. What is the plan for future funds from hotel developments? (Petty)  This discussion could establish financial policy. 16. We should have a plan to put funds toward unfunded pension liabilities when the side funds pay off (Petty)  There is a new Governmental Accounting Standards Board (GASB) Pronouncement on Pensions that will require the recording of unfunded liabilities in the government wide portion of the financial statements. As such, we have ordered reports for all of our retirement plans from CalPERS in order to have the required information for our 2014-15 CAFR. These reports will provide information about our unfunded liabilities that will prove useful for a discussion of these liabilities. This item may be discussed now however it may be more meaningful to have the discussion when we have more information. 17. What is the plan for upgrade of City Hall Complex? (Petty)  A Comprehensive City Facility Master Plan is in progress. 18. Energy Conservation – what else can we invest in? (Barragan)  An update on Carbon Neutral Implementation will be on the June 23 Council agenda. 19. Provide easy to understand information about what additional funds are available for appropriation.  See attached Discretionary Funds worksheet (Attachment C) C:\Users\anny\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PMMHBWZO\City Council Benefit Survey Memo.doc CITY OF HERMOSA BEACH MEMORANDUM May 19, 2015 TO: Mayor and Councilmembers FROM: Viki Copeland, Finance Director RE: Survey of City Council Benefits, Current Council Benefits At Midyear Budget Review, the City Council requested we provide a survey of City Council benefits for other cities. Also it was suggested that we may want to put the City Council’s benefits in the budget. The survey is attached. Ralph Anderson provided some survey data for 7 cities which we have combined with a survey of another 14 cities. As noted on the survey, some cities did not provide responses to all requested information. An update of the worksheet provided at Midyear for current Council benefits is attached. We can incorporate this information into the Adopted Budget if Council so desires. CITY MONTHLY SALARY CELL PHONE PROVIDED CELL PHONE ALLOWANCE CAR PROVIDED CAR ALLOWANCE LAPTOP PROVIDED IPAD PROVIDED TRAINING/SEMINAR ALLOWANCE Deferred Comp Agoura Hills *$300.00 $200 $70 Beverly Hills $785.81 No No No No No No No Calabasas *$566.00 $250 Carson $1,722.38 Yes (if selected)$75 No $700 per mo Yes Upon request No Match up to $2000 per year Culver City $485.11 No $60 per pay period No No Yes No Yes for membership El Segundo $900.00 Yes No No No No No No Gardena $650.00 $200 per mo Hawthorne $750.00 Inglewood $5,055.01 No No No No No No No La Canada Flintridge *$300.00 La Verne *$519.00 Laguna Beach *$749.00 Lawndale $450.00 No No No No Yes--computer or Ipad As budgeted part of Flex benefits listed in next column Lomita $390.00 Long Beach Mayor= $11,346 per month; Council= $2837 per month City provided phone or $30 per month No Yes, $450 per month Yes NO Business expense reimbursement Manhattan Beach $500.00 $400 per mo Palos Verdes Estates None No No No No No No As voted at mtgs No Rancho Palos Verdes *$400.00 Redondo Beach $927.31 No No 12% paid by City Rolling Hills Estates $0.00 No No No No No No No No Santa Fe Springs *$971.00 South Pasadena *$300.00 Hermosa Beach $530.00 No1 No No No No Yes Mayor- $5k; Council- $2,500 2 No City Council Compensation and Benefits Survey Salary, Training, Deferred Comp, and Other Benefits CITY MEDICAL INSURANCE COST TO MEMBER FAMILY COVERAGE? DENTAL INSURANCE COST TO MEMBER FAMILY COVERAGE? VISION INSURANCE?COST TO MEMBER FAMILY COVERAGE?LIFE INSURANCE?Other Agoura Hills *$1,222.00 $160 $59 Beverly Hills CalPERS $1964.72 allowance Yes Guardian 0 Yes VSP 0 Yes Yes; $300k Disability insurance provided; enrolled in PERS retirement Calabasas *$1,725 Included Included Carson CalPers $1542.63 Allowance Yes Premier Access Yes MESC $7.07/$12.73/$18.39 Yes Yes; $250k PERS retirement Culver City CalPERS $1472 allowance Yes Delta Included w/allowance Yes VSP Included w/allowance Yes Yes; $50k El Segundo $1200 benefit for CalPERS Yes Delta Included w/ allowance Yes VSP None Yes No Council excluded from PERS but may elect optional enrollment Gardena $1060 benefit Hawthorne $521 benefit Inglewood Aetna PPO/HMO, Kaiser Yes Delta PPO/DMO Yes MESC Yes No PERS Retirement La Canada Flintridge *$875 Included Included La Verne*$1,514 $33 Laguna Beach *$0 Lawndale $1180 provided for purchase of benefits through CalPERS Yes; $100k Lomita Long Beach Yes Max of $223 per month for family Yes Yes Max of $20 per month for family Yes MESC None Yes $65k for council; Mayor -$50k plus 3x annual salary PERS retirement Manhattan Beach $1550 benefit Palos Verdes Estates No No No No No No No Rancho Palos Verdes *$1,875 Included Included Redondo Beach Up to $1232 paid by City Rolling Hills Estates No Yes No No No No PERS Santa Fe Springs *$1,000 $130 $54 South Pasadena *$0 $0 $0 Hermosa Beach Blue Shield HMO/POS Employee covered 100%. Additional coverage $287- $1,365.56,Optional California Dental or Princial Dental $13.77-$226.30, based on coverage selected Optional Medical Eye Services $8.28- $21.38, based on coverage selected Optional Yes, $52,000 PERS/PARS * Information provided by Ralph Andersen & Associates 1 2015-16 Budgets includes proposed cell phones and monthly service for Council Members 2 2015-16 Budgets includes a proposed increase to the training/conference budget to $5,000 per Council Member Note: Fields left blank indicate no reponse provided Medical Benefits and Retirement/Other City Council Compensation and Benefits Survey FY 2014-2015 CITY COUNCIL BENEFITS SUMMARY DIVIRGILIO TUCKER BARRAGAN PETTY FANGARY Retirement: Public Employees' Retirement System (PERS)Yes No Yes No Yes Retirement: Public Agency Retirement Services (PARS)No No No Yes No Employer Cost (Percentage of Payroll)20.882%N/A 6.25%N/A 6.25% Cost to the City Retirement $55.34 $0.00 $16.56 $0.00 $16.56 Dental $125.44 $0.00 $0.00 $0.00 $226.30 Medical $0.00 $0.00 $798.72 $0.00 $798.72 Life $0.00 $0.00 $12.48 $12.48 $12.48 Conference/Training Budget $3,750.00 1 $3,750.00 1 $2,500.00 $2,500.00 $2,500.00 1 Conference/Training budget for Mayor position was split due to transition from Mayor DiVirgilio to Mayor Tucker. Proposed budget for 15-16 is $5,000 per Council Member. BENEFITS 2015-16 2014-15 2013-14 2012-13 2011-12 2010-11 Current Year General Fund CIP Expenditures 777,160 1,663,889 1,517,662 3 943,597 3 496,426 3 404,385.00 3 Carry Forward from Prior Year 1,447,766 676,467 General Fund Transfer to Capital Improvement Fund - 1,383,686 2,499,592 - 1 532,059 2 Equipment Replacement Fund CIP 388,192 639,456 15,000 75,000 320,772 1,014,156.00 Total 2,613,118 4,363,498 4,032,254 1,018,597 1,349,257 1,418,541.00 1 2 million was transferred to the Insurance Fund 2012-13 for the oil settlement. 2 722,073 was transferred to the Insurance Fund for costs related to the MacPherson Oil Trial. 3 Budgets prior to 2014-15 did not separate out prior year carry forward for CIP expenditures, so amounts may include budgeted amounts not spent in pervious years. General Fund Capital Contribution History (CIP Funding from General Fund- Direct or Indirect Funding) Budget General Fund Tyco Fund Storm Drains Fund Capital Improvement Fund Insurance Fund Equipment Replacement Fund Estimated 6/30/16 Fund Balance 10,083,426 - - 1,439,924 3,142,983 7,071,785 Invested in Fixed Assets (4,813,024) Restricted Fund Balance (150,412) Committed Fund Balance: In Lieu Fee/ Parking Facility (28,900) Funding Goal- Per Council PolicyGeneral Fund Contingencies- 16% of Operating Budget per Council Policy (5,225,593) Compensated Absences- 25% funding for accrued liabilities (297,262) Insurance Fund- $3 million for unanticipated claims and catastrophic losses (3,000,000) Equipment Replacement Fund Goal- Amount accumulated for all equipment, based on replacement cost and useful life (3,243,987) Other Fund Balance Assignments: 1 Retirement Rate Stabilization (1,000,000) Debt Service- Oil 14/15 (1,000,000) Debt Service- Oil 15/16 (1,000,000) Unspecified Contingencies 14/15 (500,000) Unspecified Contingencies 15/16 (750,000) Sales Tax Receivable (131,259) Available Balance - - - 1,439,924 2 142,983 (985,226) 2 1 Assignments of fund balance may be changed by City Council. 2 Actual funds available will be reviewed at midyear. Discretionary Funds: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 15-XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA ADOPTING THE BUDGET FOR THE FISCAL YEAR 2015-2016 WHEREAS, a budget for the fiscal year 2015-2016 has been prepared by the City Manager, and; WHEREAS, said budget incorporates expenditures for operating purposes, capital outlay and capital improvement projects, and; WHEREAS, said final budget will include the appropriations limit and total annual appropriations subject to limitation as required by Section 37200 of the Government Code, and; WHEREAS, the City Council has examined said budget and, after due deliberation and consideration, has made such amendments to the budget as it deems advisable. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. That the City Council does hereby approve and adopt the revised budget for the 2015-2016 Fiscal Year as presented in the documents entitled “City of Hermosa Beach Budget Summary 2015-2016”, and attached as “Exhibit A.” PASSED, APPROVED and ADOPTED this 9th day of June 2015. ________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: ________________________________ _______________________________ City Clerk City Attorney Major Fund LIGHTING GENERAL LANDSCAPING STATE GAS FUND FUND TAX FUND 001 105 115 ESTIMATED REVENUE Taxes $24,138,315 $459,000 $0 Licenses/Permits $795,045 $0 $0 Fines/Forfeitures $2,777,196 $0 $0 Use of Money/Property $902,349 $648 $3,772 Intergovernmental/State $143,281 $0 $432,836 Intergovernmental/County $0 $0 $0 Intergovernmental/Federal $0 $0 $0 Current Service Charges $6,523,944 $0 $0 Other Revenue $246,035 $0 $0 TOTAL ESTIMATED REVENUE $35,526,165 $459,648 $436,608 INTERFUND TRANSFERS IN $362,884 $26,950 $0 ESTIMATED FUNDS AVAILABLE $35,889,049 $486,598 $436,608 FUND BALANCE 7/1/15 $8,391,348 $51,581 $132,821 REMAINING PRIOR YEAR CIP $1,447,766 TOTAL FUNDS AVAILABLE $45,728,163 $538,179 $569,429 APPROPRIATIONS Operating Budget $32,659,956 $529,834 $0 Capital Outlay $32,905 $0 $0 Capital Improvements $2,224,926 $0 $238,659 TOTAL APPROPRIATIONS $34,917,787 $529,834 $238,659 INTERFUND TRANSFERS OUT $726,950 $8,345 $316,000 TOTAL APPROPRIATIONS/TRANSFERS OUT $35,644,737 $538,179 $554,659 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 1 ESTIMATED FUND BALANCE 6/30/16 $10,083,426 (a)$0 $14,770 (a) CLASSIFICATIONS OF FUND BALANCE: Restricted Current Balance Verizon PEG Grant $74,760 Greenwald Theatre Improvement Donation $25,652 Sign Donation $50,000 Committed In Lieu Fee/ Parking Facility $28,900 Assigned Contingencies $5,225,593 Retirement Rate Stabilization $1,000,000 Debt Service- Oil 14/15 $1,000,000 Debt Service- Oil 15/16 $1,000,000 Unspecified Contingencies- 14/15 $500,000 Unspecified Contingencies- 15/16 $750,000 Compensated Absences $297,262 Sales Tax Receivable $131,259 $10,083,426 Available Fund Balance 6/30/16 $0 $0 $14,770 2015-16 CITY OF HERMOSA BEACH BUDGET SUMMARY Special Revenue Funds PROP A TYCO AB 939 OPEN SPACE TYCO TIDELANDS FUND FUND FUND FUND 117 121 122 123 ESTIMATED REVENUE Taxes $0 $0 $0 $0 Licenses/Permits $0 $0 $0 $0 Fines/Forfeitures $0 $0 $0 $0 Use of Money/Property $0 $0 $327,182 $40 Intergovernmental/State $0 $0 $0 $0 Intergovernmental/County $0 $133,057 $0 $0 Intergovernmental/Federal $0 $0 $0 $0 Current Service Charges $57,193 $0 $0 $0 Other Revenue $0 $0 $0 $0 TOTAL ESTIMATED REVENUE $57,193 $133,057 $327,182 $40 INTERFUND TRANSFERS IN $0 $0 $0 $0 ESTIMATED FUNDS AVAILABLE $57,193 $133,057 $327,182 $40 ESTIMATED FUND BALANCE 7/1/15 $5,841 ($41,566)$392,075 $3,646 TOTAL FUNDS AVAILABLE $63,034 $91,491 $719,257 $3,686 APPROPRIATIONS Operating Budget $54,701 $0 $0 $0 Capital Outlay $0 $0 $0 $0 Capital Improvements $0 $41,470 $719,257 $3,318 TOTAL APPROPRIATIONS $54,701 $41,470 $719,257 $3,318 INTERFUND TRANSFERS OUT $0 $20,557 $0 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $54,701 $62,027 $719,257 $3,318 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 1 ESTIMATED FUND BALANCE 6/30/16 $8,333 $29,464 $0 $368 Available Fund Balance 6/30/16 $8,333 $29,464 $0 $368 2015-16 CITY OF HERMOSA BEACH BUDGET SUMMARY Special Revenue Funds PARK/BAYVIEW DRIVE LOWER PIER MYRTLE DISTRICT RECREATION DISTRICT ADMIN ADMINISTRATIVE ADMINISTRATIVE FACILITY TAX EXPENSE EXPENSE EXPENSE FUND FUND FUND FUND 125 135 136 137 ESTIMATED REVENUE Taxes $7,145 $0 $0 $0 Licenses/Permits $0 $0 $0 $0 Fines/Forfeitures $0 $0 $0 $0 Use of Money/Property $6,765 $37 $0 $222 Intergovernmental/State $0 $0 $0 $0 Intergovernmental/County $0 $0 $0 $0 Intergovernmental/Federal $0 $0 $0 $0 Current Service Charges $0 $0 $0 $0 Other Revenue $216,451 $4,350 $2,600 $9,000 TOTAL ESTIMATED REVENUE $230,361 $4,387 $2,600 $9,222 INTERFUND TRANSFERS IN $0 $0 $0 $0 ESTIMATED FUNDS AVAILABLE $230,361 $4,387 $2,600 $9,222 ESTIMATED FUND BALANCE 7/1/15 $377,041 $689 $3,544 $11,799 TOTAL FUNDS AVAILABLE $607,402 $5,076 $6,144 $21,021 APPROPRIATIONS Operating Budget $0 $2,208 $1,932 $6,865 Capital Outlay $0 $0 $0 $0 Capital Improvements $589,982 $0 $0 $0 TOTAL APPROPRIATIONS $589,982 $2,208 $1,932 $6,865 INTERFUND TRANSFERS OUT $0 $2,868 $2,249 $5,264 TOTAL APPROPRIATIONS/TRANSFERS OUT $589,982 $5,076 $4,181 $12,129 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 1 ESTIMATED FUND BALANCE 6/30/16 $17,420 $0 $1,963 $8,892 Available Fund Balance 6/30/16 $17,420 $0 $1,963 $8,892 2015-16 CITY OF HERMOSA BEACH BUDGET SUMMARY Special Revenue Funds LOMA DISTRICT BEACH DRIVE DISTRICT ADMINISTRATIVE ADMINISTRATIVE COMMUNITY / DEV PROPOSITION EXPENSE EXPENSE BLOCK GRANT A FUND FUND FUND 138 139 140 145 ESTIMATED REVENUE Taxes $0 $0 $0 $357,901 Licenses/Permits $0 $0 $0 $0 Fines/Forfeitures $0 $0 $0 $0 Use of Money/Property $306 $46 $0 $8,332 Intergovernmental/State $0 $0 $0 $0 Intergovernmental/County $0 $0 $0 $0 Intergovernmental/Federal $0 $0 $174,600 $0 Current Service Charges $0 $0 $0 $6,900 Other Revenue $10,000 $3,000 $0 $0 TOTAL ESTIMATED REVENUE $10,306 $3,046 $174,600 $373,133 INTERFUND TRANSFERS IN $0 $0 $0 $0 ESTIMATED FUNDS AVAILABLE $10,306 $3,046 $174,600 $373,133 ESTIMATED FUND BALANCE 7/1/15 $17,501 $2,071 $0 $726,737 TOTAL FUNDS AVAILABLE $27,807 $5,117 $174,600 $1,099,870 APPROPRIATIONS Operating Budget $7,176 $1,874 $6,600 $145,314 Capital Outlay $0 $0 $0 $0 Capital Improvements $0 $0 $168,000 $274,892 TOTAL APPROPRIATIONS $7,176 $1,874 $174,600 $420,206 INTERFUND TRANSFERS OUT $5,710 $1,891 $0 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $12,886 $3,765 $174,600 $420,206 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 1 ESTIMATED FUND BALANCE 6/30/16 $14,921 $1,352 $0 $679,664 Available Fund Balance 6/30/16 $14,921 $1,352 $0 $679,664 Year End Est 2014-15 CITY OF HERMOSA BEACH BUDGET SUMMARY Special Revenue Funds PROPOSITION AIR QUALITY C MEASURE R GRANTS IMPROVEMENT FUND FUND FUND FUND 146 147 150 152 ESTIMATED REVENUE Taxes $296,870 $221,869 $0 $0 Licenses/Permits $0 $0 $0 $0 Fines/Forfeitures $0 $0 $0 $0 Use of Money/Property $12,108 $5,646 $0 $194 Intergovernmental/State $0 $0 $105,829 $24,268 Intergovernmental/County $0 $0 $0 $0 Intergovernmental/Federal $0 $0 $82,234 $0 Current Service Charges $0 $0 $0 $0 Other Revenue $0 $0 $275,000 $0 TOTAL ESTIMATED REVENUE $308,978 $227,515 $463,063 $24,462 INTERFUND TRANSFERS IN $0 $0 $0 $0 ESTIMATED FUNDS AVAILABLE $308,978 $227,515 $463,063 $24,462 ESTIMATED FUND BALANCE 7/1/15 $834,568 $418,459 $89,299 $34,797 TOTAL FUNDS AVAILABLE $1,143,546 $645,974 $552,362 $59,259 APPROPRIATIONS Operating Budget $30,000 $0 $177,648 $28,600 Capital Outlay $0 $0 $0 $28,611 Capital Improvements $533,326 $638,197 $370,261 $0 TOTAL APPROPRIATIONS $563,326 $638,197 $547,909 $57,211 INTERFUND TRANSFERS OUT $0 $0 $0 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $563,326 $638,197 $547,909 $57,211 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 1 ESTIMATED FUND BALANCE 6/30/16 $580,220 $7,777 $4,453 $2,048 Available Fund Balance 6/30/16 $580,220 $7,777 $4,453 $2,048 2015-16 CITY OF HERMOSA BEACH BUDGET SUMMARY Special Revenue Funds SUPPLEMENTAL LAW ENFORCEMENT ASSET SEIZURE/FIRE SERVICES SEWER STORM DRAIN FORFEITURE PROTECTION FUND FUND FUND FUND FUND 153 160 161 170 180 ESTIMATED REVENUE Taxes $100,000 $0 $0 $0 $0 Licenses/Permits $0 $0 $0 $0 $0 Fines/Forfeitures $0 $0 $0 $20,000 $0 Use of Money/Property $2,894 $14,570 $0 $4,777 $471 Intergovernmental/State $0 $5,800 $0 $0 $0 Intergovernmental/County $0 $10,000 $0 $0 $0 Intergovernmental/Federal $0 $0 $0 $0 $0 Current Service Charges $0 $34,000 $0 $0 $0 Other Revenue $0 $4,000,000 $0 $0 $10,500 TOTAL ESTIMATED REVENUE $102,894 $4,064,370 $0 $24,777 $10,971 INTERFUND TRANSFERS IN $0 $276,191 $423,809 $0 $0 ESTIMATED FUNDS AVAILABLE $102,894 $4,340,561 $423,809 $24,777 $10,971 ESTIMATED FUND BALANCE 7/1/15 $81 $3,292,004 $0 $8,353 $43,437 TOTAL FUNDS AVAILABLE $102,975 $7,632,565 $423,809 $33,130 $54,408 APPROPRIATIONS Operating Budget $40,471 $299,764 $423,809 $12,500 $0 Capital Outlay $0 $0 $0 $600 $0 Capital Improvements $0 $5,500,000 $0 $0 $0 TOTAL APPROPRIATIONS $40,471 $5,799,764 $423,809 $13,100 $0 INTERFUND TRANSFERS OUT $0 $0 $0 $0 $0 TOTAL APPROPRIATIONS/TRANSFERS OU $40,471 $5,799,764 $423,809 $13,100 $0 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 1 ESTIMATED FUND BALANCE 6/30/16 $62,504 $1,832,801 $0 $20,030 $54,408 Assigned for Bond Issuance 18/19 (1,500,000.00) Available Fund Balance 6/30/16 $62,504 $332,801 $0 $20,030 $54,408 1 Sewer Fund is in the process of transitioning from a Special Revenue Fund to an Enterprise Fund in 15-16. 2015-16 CITY OF HERMOSA BEACH BUDGET SUMMARY Enterprise Fund1 Special RevenueSpecial Revenue Fund BAYVIEW DRIVE LOWER PIER CAPITAL DISTRICT DISTRICT IMPROVEMENT REDEMPTION REDEMPTION FUND FUND FUND 301 609 610 ESTIMATED REVENUE Taxes $0 $0 $0 Licenses/Permits $0 $0 $0 Fines/Forfeitures $0 $0 $0 Use of Money/Property $11,060 $1,735 $441 Intergovernmental/State $0 $0 $0 Intergovernmental/County $0 $0 $0 Intergovernmental/Federal $0 $0 $0 Current Service Charges $0 $0 $0 Other Revenue $0 $0 $0 TOTAL ESTIMATED REVENUE $11,060 $1,735 $441 INTERFUND TRANSFERS IN $0 $0 $0 ESTIMATED FUNDS AVAILABLE $11,060 $1,735 $441 ESTIMATED FUND BALANCE 7/1/15 $2,370,051 $141,130 $48,421 TOTAL FUNDS AVAILABLE $2,381,111 $142,865 $48,862 APPROPRIATIONS Operating Budget $0 $0 $0 Capital Outlay $0 $0 $0 Capital Improvements $941,187 $0 $0 TOTAL APPROPRIATIONS $941,187 $0 $0 INTERFUND TRANSFERS OUT $0 $0 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $941,187 $0 $0 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 1 ESTIMATED FUND BALANCE 6/30/16 $1,439,924 $142,865 $48,862 Available Fund Balance 6/30/16 $1,439,924 $142,865 $48,862 CITY OF HERMOSA BEACH BUDGET SUMMARY Year End Est 2014-15 Agency FundsSpecial Revenue Fund BEACH DRIVE BEACH DRIVE MYRTLE LOMA DISTRICT DISTRICT AVENUE DRIVE REDEMPTION RESERVE ASSESSMENT ASSESSMENT FUND FUND FUND FUND 611 612 617 618 ESTIMATED REVENUE Taxes $0 $0 $0 $0 Licenses/Permits $0 $0 $0 $0 Fines/Forfeitures $0 $0 $0 $0 Use of Money/Property $0 $63 $1,265 $1,552 Intergovernmental/State $0 $0 $0 $0 Intergovernmental/County $0 $0 $0 $0 Intergovernmental/Federal $0 $0 $0 $0 Current Service Charges $0 $0 $0 $0 Other Revenue $0 $0 $0 $0 TOTAL ESTIMATED REVENUE $0 $63 $1,265 $1,552 INTERFUND TRANSFERS IN $0 $0 $0 $0 ESTIMATED FUNDS AVAILABLE $0 $63 $1,265 $1,552 ESTIMATED FUND BALANCE 7/1/15 $72,053 $4,152 $126,916 $147,018 TOTAL FUNDS AVAILABLE $72,053 $4,215 $128,181 $148,570 APPROPRIATIONS Operating Budget $0 $0 $0 $0 Capital Outlay $0 $0 $0 $0 Capital Improvements $0 $0 $0 $0 TOTAL APPROPRIATIONS $0 $0 $0 $0 INTERFUND TRANSFERS OUT $0 $0 $0 $0 TOTAL APPROPRIATIONS/TRANSFERS OUT $0 $0 $0 $0 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 1 ESTIMATED FUND BALANCE 6/30/16 $72,053 $4,215 $128,181 $148,570 Available Fund Balance 6/30/16 $72,053 $4,215 $128,181 $148,570 CITY OF HERMOSA BEACH BUDGET SUMMARY 2015-16 Agency Funds BAYVIEW DRIVE EQUIPMENT RESERVE INSURANCE REPLACEMENT TOTAL FUND FUND FUND (MEMORANDUM 619 705 715 ONLY) ESTIMATED REVENUE Taxes $0 $0 $0 $25,581,100 Licenses/Permits $0 $0 $0 $795,045 Fines/Forfeitures $0 $0 $0 $2,797,196 Use of Money/Property $206 $0 $0 $1,306,681 Intergovernmental/State $0 $0 $0 $712,014 Intergovernmental/County $0 $0 $0 $143,057 Intergovernmental/Federal $0 $0 $0 $256,834 Current Service Charges $0 $2,927,445 $1,572,192 $11,121,674 Other Revenue $0 $0 $426,077 $5,203,013 TOTAL ESTIMATED REVENUE $206 $2,927,445 $1,998,269 $47,916,614 INTERFUND TRANSFERS IN $0 $0 $0 $1,089,834 ESTIMATED FUNDS AVAILABLE $206 $2,927,445 $1,998,269 $49,006,448 ESTIMATED FUND BALANCE 7/1/15 $13,633 $3,089,586 $7,056,829 $27,865,915 $1,447,766 TOTAL FUNDS AVAILABLE $13,839 $6,017,031 $9,055,098 $78,320,129 APPROPRIATIONS Operating Budget $0 $2,874,048 $1,595,121 $38,898,421 Capital Outlay $0 $0 $745,126 $807,242 Capital Improvements $0 $0 $388,192 $12,631,667 TOTAL APPROPRIATIONS $0 $2,874,048 $2,728,439 $52,337,330 INTERFUND TRANSFERS OUT $0 $0 $0 $1,089,834 TOTAL APPROPRIATIONS/TRANSFERS OUT $0 $2,874,048 $2,728,439 $53,427,164 ADJUST FUND BALANCE FOR FIXED ASSET ADDITIONS 2 $745,126 $745,126 ESTIMATED FUND BALANCE 6/30/16 $13,839 $3,142,983 $7,071,785 $25,638,091 Designated Building Maintenance Funds $604,330 Investment in Fixed Assets $4,813,024 Available Fund Balance 6/30/16 $13,839 $3,142,983 $1,654,431 $8,637,311 2 Reflects increase to fund balance for fixed asset purchases from Internal Service Funds. CITY OF HERMOSA BEACH BUDGET SUMMARY 2015-16 Agency Fund Internal Service Funds CITY OF HERMOSA BEACH MEMORANDUM 6/9/2015 TO: Mayor and Councilmembers FROM: Viki Copeland, Finance Director RE: Downtown Revenue and Expenses In the List of Discussion items from the Budget Workshop, which is part of the Budget Adoption agenda item, #2 lists a report on downtown costs vs. revenue to be sent out as a supplemental. The summary worksheet for 2013-14 (the last complete fiscal year) and backup worksheets with more detail are attached. The report is presented in the format that has previously been used, the last time for the 2005-06 fiscal year. Since revenue and expenses are not tracked by geographical locations (we do have a geo code for sales tax and property tax that allow us to capture that information) the amounts are compilations and estimates. If the Council wishes to give direction about different assumptions or desires having a more comprehensive report, a study could be commissioned to look at the information more closely. Revenue Expenditures 2013-14 2013-14 Property Tax 1 $642,294.00 Downtown Plaza Enforcement $660,524.00 Sales Tax 2 $772,643.00 Downtown Costs- Public Works $245,037.00 TOT 3 $1,023,566.00 Fire Department Responses 7 $55,725.00 UUT 4 $122,164.00 Building and Code Enforcement Official 20% of Salary and Benefits $27,171.00 Parking Fines $1,293,346.00 PT Code Enforcement Officer 80% of Salary and Benefits 8 $12,084.00 Parking Meters 5 $820,873.00 Equipment and Overhead 9 $300,162.00 Parking Lots $888,759.00 Total Expenditures $1,300,703.00 Business License 6 $153,859.00 Encroachment Permits $228,877.00 Total Revenue $5,946,381.00 Footnotes: 1 2 3 4 5 6 7 8 9 Cost of equipment and overhead estimated to be 30% of expenditures. Downtown Revenue and Expenditures 2013-14 (Downtown defined as 8th to 16th, Strand to Monterey) HdL reports, commercial only HdL reports, Geographic areas, major accounts only Finance Department TOT Spreadsheet Using Fully Allocated Hourly Rate from user fee study, which is used for ambulance billings p Salary and Benefits would have been $23,340 for entire year. Estimate based on revenue and HdL Report of # parcels downtown as % of total (4.88%) PT Code Enforcement Officer was hired 4/7/14. 80% of her hours are spent on Downtown. Salary and Benefits would have been $23,340 for entire year. 70% of parking meter revenue generated by commercial (estimate by Community Services), 70% of commercial is downtown HdL reports Downtown Plaza Enforcement Costs FY 2013/14 Salary/Premiums/ Leave Retirement Uniform Benefits Medicare Total Sergeant (Ramirez) $170,580 $81,124 $772 $20,361 $2,485 $275,322 Officer (Sibbald) $110,883 $59,353 $772 $10,139 $1,619 $182,766 $458,088 Average Hourly Rate Overtime Hrs Worked Hrs*1.5 Total Hrs Cost Medicare Weekly Total Annual Cost Sergeants & Officers (excl Ramirez & Sibbald) $53.29 24 8 hour days 3 days (Fri/Sat/Sun) 36 The City pays overtime by multiplying hours worked by 1.5 rather than the hourly rate 72 2 officers or sergeants are assigned each weekend (employees sign up for assignment) $3,837 Weekly cost for enforcement $56 $3,893 $202,436 Total Annual Downtown Plaza Enforcement Costs $660,524 8,158$ Landscaping services for medians, parkways, parks, tree trimming 1,544$ Flags (4th of July, Veteran's Day, Memorial Day) 3,778$ Fourth of July - Light Tower Rental, Additional Pressure Wash and Sweeping 187$ Smackfest Event Clean Up 697$ Lot A Electrical Panel (Trash Compactor) 4,663$ Summer Concerts - Portable Restrooms, Banners 503$ Fiesta - Portable Restroom Rental (not billed and thus not reimbursed by Chamber) 3,826$ Trees - Hermosa Ave/Plaza 823$ New Year's Eve Event - Light Towers 2,020$ Galaxy Soccer Events - Portable Restrooms, Steam Cleaning 26,303$ Sweep Downtown 4,592$ Sweep Strand 20,418$ Morning Porter Service 8,944$ Afternoon Porter Service 6,204$ Clean Dumpster Enclosure/Steam Downtown Areas 7,200$ Pier Plaza Steam Cleaning 66,690$ PW Salaries includes Staff time for oversight/coordination/inspection of contract services, coordination of events, inspections, various street sign repairs/replacement, curb/street painting, irrigation repairs, various light replacements, miscellaneous repairs 903$ Miscellaneous repairs, materials and expenses 1,282$ Plaza Security Lights 21,162$ Parking Structure Sweep and Steam Cleaning (not net of reimbursement from LA County) 22,162$ Parking Structure Insurance (not net of reimbursement from LA County) 1,160$ Parking Structure - Annual Alarm Maintenance (not net of reimbursement from LA County) 11,104$ Parking Structure - Elevator Repairs (not net of reimbursement from LA County) 1,557$ Parking Structure - Fire Equipment Repairs (not net of reimbursement from LA County) 17,101$ Parking Structure - Utilities (not net of reimbursement from LA County) 2,056$ Parking Strucutre - Maintenance Materials, Repairs, and Misc Expenses (not net of reimbursement from LA County) 245,037$ Total Downtown Costs for FY 13-14 Public Works Department Fully Allocated Hourly Rate Engine 11 Captain 134.24$ Engineer 110.10$ Firefighter 95.74$ 340.08$ Rescue 11 Firefighter/Paramedic 95.74$ Firefighter/Paramedic 95.74$ 191.48$ Engine 11 Average Committed Time 26 minutes Cost per Response 147.37$ Rescue 11 Average Committed Time 39 minutes Cost per Response 124.46$ Per Response Total 271.83$ 13-14 Responses to Downtown 205 Total Cost for 13-14 Downtown Responses 55,725$ Fire Responses- Downtown Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0494 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 AMENDMENT TO THE SIGN CODE REGARDING AUTO SALES SIGNS ON PACIFIC COAST HIGHWAY AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Community Development Director Ken Robertson) Recommended Action: The Planning Commission recommends extending the temporary regulation allowing exception for extended temporary signs for auto sales businesses for one additional year by adoption of the attached temporary ordinance (Attachment 1). Alternatively, introduce the attached alternative text amendment to the Municipal Code to allow auto dealer sales signs (Attachment 2). Background: The Council on June 24, 2014 adopted Ordinance 14-1347, a temporary regulation authorizing extended temporary signs by automobile dealers for a one-year period from the effective date of the ordinance. Therefore, the ordinance will expire on July 24, 2015 by operation of law and no vested right will be conveyed. At their meeting of April 21, 2015 the Planning Commission considered a staff recommendation to adopt a permanent regulation for auto sales signs, but instead is recommending limiting the exception for auto sales signs for another year, noting the Commission’s previously expressed concern about consistency with ongoing efforts to improve and beautify Pacific Coast Highway. ( <http://hermosabeach.granicus.com/MediaPlayer.php?view_id=6&clip_id=3687>) The proposed exceptions, whether temporary or permanent, allow a maximum of 100 square feet of additional sign area for auto sales signs (only one face of a double-face sign would count toward the total), with a maximum height of 20 feet. This would be in addition to other temporary and permanent signage allowed by the sign code. Analysis: The purpose of the temporary ordinance was to allow existing banner type signs to remain in place for a period of not more than one year, which would provide time to assess the effects of these signs and how they might relate to the Pacific Coast Highway Corridor beautification efforts. The auto dealership signs on poles at the existing auto dealers are the same as in 2014: JAMA has Hermosa Beach Printed on 6/4/2015Page 1 of 3 powered by Legistar™ Staff ReportREPORT 15-0494 a frontage of 120 linear feet on PCH with 3 signs of approx. 28 square feet per sign, with a total of approx. 84 square feet. Casey’s Cars has a frontage of 80 linear feet on PCH, with 3 signs of approx. 28 square feet per sign with a total of approx. 84 square feet. Land Rover does not have banner type signs. The temporary ordinance accommodates the existing conditions as it allows a maximum of 100 square feet of sign area (only one face of a double-face sign would count toward the total), with a maximum height of 20 feet. This is in addition to other temporary signage allowed by Section 17.50.210. Poles upon which such signs are placed are typically 20 feet in height with an effective height of approximately 17 feet after installation. The temporary regulation applies only to auto dealers, so that businesses that may sell vehicles ancillary to the primary business (car rental, auto repair where auto sales is not the primary element) would not be permitted to have these signs. At the Planning Commission hearing the auto dealers expressed the desire that the temporary regulations be extended on a permanent basis. As expressed in the 2014 Staff Report, allowing local businesses to continue to advertise in the manner they have become accustomed to and which supports local businesses may align with the economic development objective “to develop a business friendly reputation,” as long as the aesthetics of the corridor are not significantly degraded. Conversely, a regulation to allow additional signage that may visually clutter the corridor may not be consistent with the long term goal of promoting “revitalized downtown and entry corridors” and the objective of “more attractive Pacific Coast Highway and Aviation corridors with more quality businesses” in Council’s 2014 Strategic Plan. The 2014 Staff Report also recognized the ongoing PCH beautification efforts and potential to better coordinate the private and public to improve economic conditions and enhance this entry corridor. While the City has now developed additional concepts and applied for funding for PCH improvements, whether or not to permit the existing signs to be legalized on a permanent basis, or to allow few signs or some other configuration is a judgment call. Staff believes it is unlikely that the number of new auto dealerships on the PCH corridor will increase due to location and small lot sizes. Also, auto dealerships are unique from other commercial business regulated by the sign code since merchandise is typically displayed outdoors on a large surface lot and sites contain smaller buildings relative to total lot size which are typically located at the rear of the property. Thus dealerships may have fewer visible sign locations on the building near the street frontage, and the sign allocation, which is based on building frontage, may also be limited as compared to other commercial businesses in the district. In the absence of new information or criteria or plans adopted by the City, the alternative proposed regulations are similar to the temporary regulation which accommodates the existing banner type signs. The existing temporary regulation states that auto dealer ship signs “shall exclusively identify businesses that principally sell automobiles operating on the same premises and shall contain no other advertising whatsoever. Extended temporary signs shall include only the name of the business and/or the product or service provided by the business at that location.” Attachments: 1.Proposed Temporary Ordinance 2.Alternative Permanent Ordinance 3.Ordinance No. 14-1347 and City Council Minutes 5-27-14 4.Planning Commission 4-21-15 Staff Report/Resolution Hermosa Beach Printed on 6/4/2015Page 2 of 3 powered by Legistar™ Staff ReportREPORT 15-0494 5.Sign Code Excerpts 6.Site Photos Respectfully Submitted by: Ken Robertson, Community Development Director Legal Review: Mike Jenkins, City Attorney Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 6/4/2015Page 3 of 3 powered by Legistar™ 1 Attachment 1 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF HERMOSA BEACH AUTHORIZING THE ERECTION OF EXTENDED TEMPORARY SIGNS BY AUTOMOBILE DEALERS FOR A ONE-YEAR PERIOD AND SUPERSEDING ANY PROVISIONS OF THE ZONING ORDINANCE INCONSISTENT THEREWITH The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1. Notwithstanding anything to the contrary in the Zoning Ordinance, extended temporary signs are permitted for on-site identification purposes for automobile dealers located on Pacific Coast Highway for a period of one year from the effective date of this Ordinance. Extended temporary signs shall be treated as temporary signs under the Municipal Code Section 17.50.030 and Section 5497(g) of the California Business and Professions Code, subject to compliance with the standards set forth in Section 2 hereof. SECTION 2.Notwithstanding anything to the contrary contained in the Municipal Code governing temporary signs, the following regulations shall govern the display of extended temporary signs: 1. Extended temporary signs shall be permitted only at automobile dealerships with frontage on Pacific Coast Highway. 2. The total square footage of all extended temporary signs shall not exceed one hundred (100) square feet. Only one face of a double-face sign shall be counted when determining sign area. 3. Extended temporary signs shall exclusively identify businesses that principally sell automobiles operating on the same premises and shall contain no other advertising whatsoever. Extended temporary signs shall include only the name of the business and/or the product or service provided by the business at that location. 2 4. The maximum height of pole or freestanding extended temporary signs shall be twenty (20) feet above grade. 5. Extended temporary signs shall be professionally produced using high quality materials. 6. Extended temporary signs shall be securely attached, not create a hazard or nuisance and maintained in a clean condition, free of rips, tears, holes, and graffiti. 7. The allowance for extended temporary signs is in addition to temporary signage otherwise allowed by Municipal Code Section 17.50.210. 8. No extended temporary sign shall be displayed until an application for an extended temporary sign is made in writing on forms furnished and approved by the building official. Such application shall contain the location, type of materials, square footage, and height of the proposed extended temporary sign(s), as well as the name and address of the business owner. SECTION 3. This Ordinance does not create a vested right to continued display of extended temporary signs beyond the expiration of this Ordinance, or otherwise alter the character of such signs as anything other than “temporary” within the meaning of Section 17.50.030 of the Municipal Code and Section 5497(g) of the California Business and Professions Code. Upon the expiration of this Ordinance, extended temporary signs shall be treated as temporary signs displayed beyond the authorized duration and shall be immediately removed by the business owner or subject to removal without compensation by the City pursuant to Business & Professions Code section 5497(g). 3 SECTION 4. This Ordinance and the regulations set forth herein shall remain in effect until _________________, 2016, at which time they shall expire and be of no further force and effect. 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 1 Attachment 2 Alternative Permanent Ordinance ORDINANCE NO. _______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING HERMOSA BEACH MUNICIPAL CODE, CHAPTER 17.50 (SIGNS) TO ALLOW BANNER TYPE SIGNS FOR AUTOMOBILE DEALERS WITH FRONTAGE ON PACIFIC COAST HIGHWAY The City Council of the City of Hermosa Beach does hereby ordain as follows: SECTION 1.Section 17.50.140 of Chapter 17.50 of Title 17 is amended by adding the following to the alphabetical list of definitions: “Auto dealership sign” means a sign, banner, or identification display constructed of cloth, canvas, fabric, or other materials, with or without frames, attached to a building, structure, pole or free-standing, that exclusively identifies businesses that sell automobiles as a primary component of the business operating on the same premises, and containing only the name of the business and/or the product or service provided by the business at that location. SECTION 2.Section 17.50.140 of Chapter 17.50 of Title 17 is amended to read as follows: 17.50. 140 Sign requirements and regulations in C-3 zone (general and highway commercial). Intent: to regulate signs recognizing the characteristics of the general commercial zone as an automobile oriented strip commercial district. A. Permitted Signs. In the C-3 zone, only the following signs shall be permitted per site, subject to the provisions and regulations hereinafter set forth: 1. Business signs; 2. Building identification signs; 3. One real estate sign; 4. One construction sign; 5. Temporary sign(s); 6. Percent of allowable sign area which may be used for commodity identification: a. Commodity equal to less than 10 percent of business...10 percent b. Commodity equal to 10 percent to 50 percent of business...25 percent c. Commodity equal to more than 50 percent of business...75 percent d. Commodity identification for beverages sold by restaurants and markets...10 percent B. Styles of Signs. Only the following styles of signs shall be permitted per business. 1. One wall sign; 2. One ground sign, or one pole sign per site; 3. One awning sign; 4. One marquee sign; 2 5. Window sign(s); 6. Banners; 7. Mural.; (Murals approved by the commission may be permitted. In its review the commission may waive specific provisions of this chapter relating to total sign area, coverage, height, type and style.) 8. Three auto dealership signs (limited to auto dealerships with frontage on Pacific Coast Highway) subject to 17.40.150.H. C. Projection and Height. 1. Wall signs shall not project more than six inches from the wall of the building or structure. Ends of the sign may not be used for sign purposes. 2. All ground signs shall be located entirely on private property and cannot project over public property, and shall not exceed ten feet from grade to the highest portion of the sign body. D. Allowable Sign Area. 1. Total permanent sign area shall not exceed three square feet for each foot of lineal building frontage. Both sides of a double-face sign shall be calculated when determining sign area. 2. Where there is more than one business or entity located on any one site, the sign area shall be calculated separately for each entity or business according to its amount of building frontage. 3. Where a business or entity is abutted by more than one street, the building frontage for said business or entity shall be the sum of the primary building frontage, plus one-half of any secondary building frontage, provided the secondary building frontage has a building entrance/exit which is open to the public during business hours for customer/ pedestrian use, which entrance is fronting on a street or highway. Sign area granted by virtue of qualified secondary frontage may be used on the secondary frontage only. 4. No sign shall cover more than twenty-five (25) percent of the wall or facia it occupies or is placed upon. 5. Businesses fronting only on a public/private parking lot, alley open mall, landscaped open space or other public way may use the building side facing such public way as the building frontage. Only one such building side may be considered building frontage. E. Window Signs. Window signs shall be allowed in this zone and shall be counted in the total allowable sign area, and shall not obscure more than twenty (20) percent of the glass surface area of the window(s). F. Signs Above the First Story. Signs for businesses located above the first story may be provided, but shall be part of the total sign area allocation for the corresponding building frontage. The maximum height for upper story signs shall be twenty-eight (28) feet above the adjacent street grade, or the uppermost portion of the second story, whichever is higher. G. Pole Signs. Pole signs are permitted but shall not exceed the height of the building on the same lot, or twenty (20) feet in height measured from existing grade, whichever is lesser, and no part of the sign shall encroach or project within five feet of any adjacent private property, or, encroach or project into the public right-of-way. To qualify for a pole sign, the site must have at least forty (40) feet of street frontage. No pole sign may have more than one sign can attached to it and all pole signs shall incorporate a raised landscaped planter. H. Auto Dealership Signs. The total square footage of all auto dealership signs shall not exceed one hundred (100) square feet. Only one face of a double-face sign shall be counted when determining sign area. The maximum height of pole or freestanding auto dealership signs shall 3 be twenty (20) feet above grade. Auto dealership signs shall be professionally produced using high quality materials, securely attached, and maintained in a clean condition, free of rips, tears, holes, and graffiti. Auto dealership signs shall not be electrical, internally illuminated or neon. SECTION 3. The project is exempt from the California Environmental Quality Act per CEQA Guidelines Section 1506(b)(c) of Title 14 of the California Code of Regulations on the basis that the proposal is limited to the PCH corridor only to legalize existing signage for auto dealers of which there are only three, and any new dealership requires a conditional use permit which provides the opportunity to regulate signage, the amendment is a minor adjustment of existing regulations, and the proposal is consistent with the intent of the General Plan and Zoning designations to support highway oriented uses. 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 1 Attachment 5 Relevant Sign Code Sections 17.50. 010 Purpose, intent and scope. A. The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating and enhancing the design, quality of materials, construction, illumination, location, identification and maintenance of all signs and sign structures not located within a building. The intent of this chapter is to promote and maintain the attractiveness, orderliness and dignity of the city's appearance, to preserve property values, and to protect the welfare of citizens through the regulation of signs without impairing the ability of its citizens and businesses to carry out their normal functions. It is further intended that the necessary regulations control and enforcement be carried out expeditiously, yet without planning under burdens upon any citizens of business. B. No sign shall be erected in such a manner as to confuse or obstruct the view or interpretation of any official traffic sign, signal or device. No scenic values or other public interests should be harmed as a result of signing. C. The regulations of this chapter are not intended to permit any violation of the provisions of any other lawful ordinance. D. Notwithstanding any other provision of this Code, any noncommercial copy may be substituted for any commercial copy on any sign permitted by this Code. If noncommercial sign copy is substituted, the resulting sign will continue to be treated as the original commercial sign under this Code and will not be deemed or treated as an off-premises sign. The content of any noncommercial copy on any sign otherwise permitted by this Code may be changed without complying with any provisions of this Code normally required for sign copy or design approval. (Ord. 05-1248, §4,5/2005) 17.50. 020 Enforcement. A. Authority. The building official is authorized and directed to enforce all the provisions of this chapter. B. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the building official or his authorized representative has reasonable cause to believe that there exists any sign or any condition which makes such sign unsafe, the building official or his authorized representative may enter the premises or building on which such sign is located at all reasonable times to inspect the sign or to perform any duty imposed upon the building official by this chapter; provided, that if such building or premises on which the sign is located is occupied, he shall first present proper credentials and demand entry; and if such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry. No owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, promptly to permit entry therein by the building official or his authorized representative for the purpose of inspection and examination pursuant to this chapter. Any person violating this subsection shall be guilty of a misdemeanor. 2 C. Violations and Penalties. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use or maintain any sign or structure in the city or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter. Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of an infraction. 1. Each violation is punishable as follows: a. A fine of fifty dollars ($50.00) for the first violation; b. A fine of one hundred dollars ($100.00) for a second violation of the same condition within one year; c. A fine of one hundred fifty dollars ($150.00) for a third violation of the same condition within one year; and d. A fine of three hundred dollars ($300.00) for each additional violation of the same condition within one year. 2. Each person, firm or corporation found guilty of an infraction shall be guilty of a separate offense for each and every day during any portion of which any violation is committed, continued or permitted by such person, and shall be punishable accordingly. 17.50. 030 Definitions. (EXCERPTS) For the purpose of this chapter, certain abbreviations, terms, phrases, words and their derivatives shall be construed as specified in this section. Words used in the singular include the plural, and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. "Approved plastic materials" shall be those which have a flame-spread rating of 225 or less when tested in accordance with U.B.C. Standard No. 42-1 in the way intended for use; and a smoke density rating no greater than 450 when tested in accordance with U.B.C. Standard No. 42-1 in the intended for use; or a smoke density rating no greater than 75 when tested in the thickness intended for use by the chamber method of test under U.B.C. Standard No. 52-2. "Banner"means a temporary sign constructed of cloth, canvas or a light fabric. "Business sign"means a sign which identifies only the name, address and general nature of the business or businesses conducted from or upon the premises upon which the sign is located. "Double-face sign"means a sign which has two or more display surfaces backed against each other, or against the same background, one face of which is designed to be seen from one direction and the other from the other direction. "Grade (adjacent ground elevation)"" is the lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building. "Ground sign"is a sign which is supported by one or more uprights, poles or braces in or upon the ground, other than a pole sign, as defined by this section. "Illuminated sign"or "lighted sign"means a lighted sign which has the source of light on the surface of the sign or in the interior of the sign itself, or which has a source of light located such that the beam of the light falls upon the surface of the sign. "Lot frontage"means the linear distance of a lot line, separating the lot from the street or highway which is used for pedestrian or vehicular access to the business being conducted on said 3 lot. In cases where a lot is contiguous to more than one street, the lot frontage associated with the street identified with the address of the business. "Permanent sign"means any sign which is not classed as a temporary sign. "Sign"is any medium including representational art with its structure and component parts which is intended to be used to attract attention to goods and/or services offered by the business on the premises. "Sign area"means the area included within the outer dimensions of a sign. In the case of a sign placed or painted on a wall or other building surface, without any border and with its background the same color as the wall of the building, the area shall be computed by enclosing the entire sign within one or more pairs of horizontally parallel and one or more pairs of vertical parallel lines and determining the area thus enclosed. "Sign structure,"for identification purposes only, is any structure which supports or is capable of supporting any sign as defined in this chapter. A sign structure may be a single pole or poles and may or may not be an integral part of the building. "Site"means any separate parcel of property as shown on the latest available assessor's maps; provided, however, when a shopping center has been divided into separate parcels, it shall continue to be considered as one parcel of record; and provided, further, where one tenant, business or enterprise occupies two or more contiguous parcels, it shall be considered as one parcel of record. "Street frontage"means the linear distance of a lot line, separating the lot from the street or highway which is used exclusively for pedestrian or vehicular traffic, excluding alleys. Where such site is abutted by more than one street, each street will qualify as frontage if the following condition exists: There are building entrances or exits opening onto the street which are open to the public during business hours. "Structure"means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner. "Temporary sign" is any sign, banner, valance or identification display constructed of cloth, canvas, fabric, cardboard, wallboard or other materials, with or without frames, intended to be displayed for a limited period of time only. 17.50. 050 Maintenance. All signs, together with all of their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. A. Any location where business goods are no longer sold or produced or where services are no longer provided or where sign copy has been removed from the sign structure shall have one hundred twenty (120) days to remove any remaining nonconforming or derelict on-premises signs or sign structures following notification by the city, and at the expense of the owner of said property. Where due written notification has been given by the city and compliance has not been made within the required one hundred twenty (120) day period the city may cause removal of such signs with the cost for such removal to be attached to the property. B. On-premises signs shall be refinished, repaired or removed as necessary to correct problems of rust, corrosion, cracks, broken faces, malfunction lamps, missing letters or 4 characters, peeling, warping, facing or unsafe conditions within thirty (30) days following notification by the city. 17.50. 070 Design and construction. A. Design. 1. General. Signs and their supporting members shall be designed in accordance with recognized engineering principles and the provisions of the Uniform Building Code. 2. Materials. Materials for the construction of signs and their supporting members shall conform to applicable Uniform Building Code Standards. 3. Display Surfaces. Display surfaces in all types of signs may be made of metal, glass, approved plastics or wood: a. Glass thickness and area limitations shall be as set forth in Table No. 7-A. b. Sections of approved plastics on wall signs shall not exceed one hundred fifty (150) square feet in area. c. Sections of approved plastics on wall signs shall be separated three feet laterally and six feet vertically by the required exterior wall construction. d. Exception. Sections of approved plastics on signs other than wall signs may not be required to be separated if approved by the building official. 4. Restrictions on Combustible Material. Combustible materials shall not be used where prohibited by the provisions of the Uniform Building Code. No combustible materials other than approved plastics shall be used in the construction of electric signs. 5. Illuminated Signs. The approval of any illuminated sign is not final until thirty (30) days after installation, during which period the building official may order the dimming of any illumination found to be excessively brilliant. Illumination is considered excessive if it prevents normal perception of objects beyond or in vicinity of the sign. B. Projections and Clearance. 1. General. Signs shall conform to the clearance and projection requirements of this section and Table Nos. 7-B and 7-C. 2. Clearance from high-voltage power lines. Signs shall be located not less that six feet horizontally or twelve (12) feet vertical from overhead electrical conductors which are energized in excess of seven hundred fifty (750) volts. The term "overhead conductors" as used in this section means any electrical conductor, either bare or insulated, installed above the ground except such conductors as are enclosed in iron pipe or other material covering of equal strength. 3. Clearance From Fire Escapes, Exits or Standpipes. No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit or standpipe. 4. Obstruction of Openings. No sign shall obstruct any openings to such an extent that light or ventilation is reduced to a point below that required by the Uniform Building Code. 5. Projection Over Alleys. No sign or sign structure shall project into any public alley below a height of fourteen (14) feet above grade, nor project more than twelve (12) inches where the sign structure is located fourteen (14) feet to sixteen (16) feet above grade. The sign or sign structure may project not more than thirty-six (36) inches into the public alley where the sign or sign structure is located more than sixteen (16) feet above grade. 6. Clearance From Streets. Signs shall not project within two (2) feet of the curbline. 5 17.50. 080 Prohibited signs. A. The following signs are prohibited in all zones: 1. Contain or are an imitation of an official traffic sign or signal or contain the words "stop," "go slow," "caution," "danger," "warning," or similar words for advertisement purposes that simulate traffic devices and tend to confuse the motorists or pedestrians; 2. Are of a size, location, movement, content, coloring or manner of illumination which may be confused with or constructed as a traffic control device or which hide form view by motorists or pedestrians; 3. Advertise any activity, business, product or service no longer conducted on the premises upon which the sign is located, including off-site signs; 4. Contain or consist of banners, posters, pennants, ribbons, streamers, lines of flashing light bulbs, spinners, rotating signs, gas-fired torches or other similar devices that move in any manner or have a moving part. These devices, when not a part of any sign, are similarly prohibited unless they are permitted specifically by this chapter or other provision of this code; 5. Are of flashing, rotating, scintillating nature and of such design as to give the appearance of movement. This section shall not apply to signs which indicate time or temperature. 6. Lewd, obscene or offensive signs containing statements, words, pictures or graphic representations of an obscene or indecent character that are offensive to the public morals and do not have serious literary, artistic, or scientific value. 7. Signs that display a message or graphic representation that discriminates against persons based on race, gender, age, national origin, or any other characteristic protected by federal or State laws. B. In addition, the following signs are prohibited: 1. Billboards; 2. Mobile signs, including portable signs, A-frame signs or sidewalk signs; 3. Moving signs; 4. Off-premises signs (except real estate signs); 5. Projecting signs (except for business identification signs in C-1 and C-2 zones); 6. Roof signs (with the following exceptions): a. Signs located on pre-existing architectural projections extending above roof line that have historically been used for sign purposes. b. Signs located on projections above the roof line that are deemed by the Planning Commission to be architectural projections that are part of the architecture of the building and not solely for purposes of sign background.; 7. Wind signs; 8. Signs other than those which are permitted in the zone as set forth in this chapter. 17.50. 140 Sign requirements and regulations in C-3 zone (general and highway commercial). Intent: to regulate signs recognizing the characteristics of the general commercial zone as an automobile oriented strip commercial district. A. Permitted Signs. In the C-3 zone, only the following signs shall be permitted per site, subject to the provisions and regulations hereinafter set forth: 1. Business signs; 2. Building identification signs; 3. One real estate sign; 6 4. One construction sign; 5. Temporary sign(s); 6. Percent of allowable sign area which may be used for commodity identification: a. Commodity equal to less than 10 percent of business...10 percent b. Commodity equal to 10 percent to 50 percent of business...25 percent c. Commodity equal to more than 50 percent of business...75 percent d. Commodity identification for beverages sold by restaurants and markets...10 percent B. Styles of Signs. Only the following styles of signs shall be permitted per business. 1. One wall sign; 2. One ground sign, or one pole sign per site; 3. One awning sign; 4. One marquee sign; 5. Window sign(s); 6. Banners; 7. Mural. (Murals approved by the commission may be permitted. In its review the commission may waive specific provisions of this chapter relating to total sign area, coverage, height, type and style.) These signs may be electrical, illuminated or neon. C. Projection and Height. 1. Wall signs shall not project more than six inches from the wall of the building or structure. Ends of the sign may not be used for sign purposes. 2. All ground signs shall be located entirely on private property and cannot project over public property, and shall not exceed ten feet from grade to the highest portion of the sign body. D. Allowable Sign Area. 1. Total permanent sign area shall not exceed three square feet for each foot of lineal building frontage. Both sides of a double-face sign shall be calculated when determining sign area. 2. Where there is more than one business or entity located on any one site, the sign area shall be calculated separately for each entity or business according to its amount of building frontage. 3. Where a business or entity is abutted by more than one street, the building frontage for said business or entity shall be the sum of the primary building frontage, plus one-half of any secondary building frontage, provided the secondary building frontage has a building entrance/exit which is open to the public during business hours for customer/ pedestrian use, which entrance is fronting on a street or highway. Sign area granted by virtue of qualified secondary frontage may be used on the secondary frontage only. 4. No sign shall cover more than twenty-five (25) percent of the wall or facia it occupies or is placed upon. 5. Businesses fronting only on a public/private parking lot, alley open mall, landscaped open space or other public way may use the building side facing such public way as the building frontage. Only one such building side may be considered building frontage. E. Window Signs. Window signs shall be allowed in this zone and shall be counted in the total allowable sign area, and shall not obscure more than twenty (20) percent of the glass surface area of the window(s). F. Signs Above the First Story. Signs for businesses located above the first story may be provided, but shall be part of the total sign area allocation for the corresponding building 7 frontage. The maximum height for upper story signs shall be twenty-eight (28) feet above the adjacent street grade, or the uppermost portion of the second story, whichever is higher. G. Pole Signs. pole signs are permitted but shall not exceed the height of the building on the same lot, or twenty (20) feet in height measured from existing grade, whichever is lesser, and no part of the sign shall encroach or project within five feet of any adjacent private property, or, encroach or project into the public right-of-way. To qualify for a pole sign, the site must have at least forty (40) feet of street frontage. No pole sign may have more than one sign can attached to it and all pole signs shall incorporate a raised landscaped planter. 17.50. 200 Sign review. A. The department of building and safety shall be the sign reviewing agency and shall make final determinations on all signs. Provided that any determination may be brought before the planning commission on appeal. B. On appeal to the planning commission, or further appeal to the city council, the city shall post a notice for sign appeal hearing at least sixteen (16) inches by twenty (20) inches, posted in a prominent place on the subject premises, clearly visible from the street, for at least one week prior to the review, stating the type, number and size of signs proposed, the date and place of hearings, and the telephone number of the department of building and safety for further information. C. A fee for a sign review shall be paid in accordance with an amount fixed by resolution of the city council. 17.50. 210 Temporary signs. Temporary signs are allowed in addition to permanent signs subject to the following criteria: A. Allowable Area. The allowable area for one or more temporary signs shall not exceed forty (40) percent of the allowable area for permanent signs; provided, that in any case a temporary sign of twenty (20) square feet in area shall be allowed, and one hundred (100) square feet shall be the maximum area. B. Duration of Display. The total duration of display for all temporary signs for any business shall not exceed ninety (90) days during any calendar year. C. Applications. An application for a temporary sign shall be made in writing on forms furnished by the building official. Such application shall contain the location of the proposed temporary sign, as well as the name and address of the business owner. The building official shall obtain written permission from the applicant to enter the subject property for the purpose of removing any temporary signs which remain displayed after their expiration date. D. Exception to Regulations. The requirements of this section shall not apply to temporary political signs, or to temporary real estate signs, or temporary construction signs. E. Exception for Temporary Window Signs. The requirements of subsection C of this section regarding applications shall not apply to temporary window signs of less than ten square feet. F. Exception for Grand Openings. The requirements of subsection A of this section regarding the allowable area for temporary signs, shall not apply to one-time grand opening promotional events. Further, signs otherwise not allowed by this chapter such as flags, pennants and balloons may be permitted in conjunction with a promotional grand opening, but shall be subject to subsection B and C of this section. 1 Attachment 6 Auto Dealerships Signs Casey’s Cars, PCH frontage, April 8, 2015 JAMA, PCH frontage, April 8, 2015 2 Legal Posters Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0484 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 RESIDENT’S REQUEST FOR ON STREET DISABLED PARKING SPACE AT 1507 GOLDEN AVENUE (Public Works Director Andrew Brozyna) Recommended Action: It is recommended that the City Council approve the request for a disabled parking space at 1507 Golden Avenue. Background: Pursuant to California Vehicle Code Section 22511.7,the City Council may by resolution designate on-street parking spaces in locations where curb parking exists for the exclusive use of a vehicle that displays either a special identification license plate issued pursuant to Vehicle Code Section 5007 or a distinguishing placard issued pursuant to Vehicle Code Sections 22511.55 or 22511.59.The designation may be of such duration as is determined appropriate by the City Council.The City has implemented Vehicle Code Section 22511.7 by the adoption of Municipal Code Section 10.32.350. Application for designation of an on-street disabled parking space must be in writing and contain the information described in the “Guidelines for Requesting a Disabled Parking Space”published by the Department of Public Works. The City Council may at its discretion designate an on-street disabled parking space only if it makes the following findings: 1.The applicant is a City resident who has been issued either a special identification license plate issued pursuant to Vehicle Code Section 5007 or a distinguishing placard pursuant to Vehicle Code Sections 22511.55 or 22511.59. 2.The applicant has no off street parking available with reasonable accessibility. 3.Designation of the space would not create an undue hardship to other residents of the block. On-street disabled parking spaces may be removed at any time by the Director of Public Works upon a finding that the findings above can no longer be made in an affirmative manner,the parking space Hermosa Beach Printed on 6/4/2015Page 1 of 3 powered by Legistar™ Staff ReportREPORT 15-0484 a finding that the findings above can no longer be made in an affirmative manner,the parking space is not being used for the purpose intended,or the applicant no longer qualifies for the space.A decision of the Public Works Director to remove a disabled on street space may be appealed to the City Council. The Public Works Department received a request for a disabled parking space at 1507 Golden Avenue.There are two disabled residents living at this address and both have been issued a distinguishing placard issued pursuant to Vehicle Code Sections 22511.55 or 22511.59.Staff has determined that the request is in conformance with the above findings as shown in the analysis below.The request has also met the Public Works Department’s “Guidelines for Requesting a Disabled Parking Space”.Notices regarding this agenda item were mailed to residents on Golden Avenue including residents within a 300-foot radius from the subject location. Analysis: Finding 1: Staff has determined that the applicant meets the criteria by submitting two (one for each person living at this address) Department of Motor Vehicle issued Disabled Person Placards. Finding 2: The applicant’s property has access only to a single parking garage on-site via Golden Avenue. Since the property lacks a two car garage or additional parking space on-site for the second disabled person,the applicants often park blocks away from the residence which is a physical hardship,thus the reason for the request. Finding 3: The surrounding neighborhood on Golden Avenue is characterized by single-family resident housing. The neighborhood is also characterized by having narrow roadways and parking on both sides.Staff does not believe the installment of a disabled parking space will create a hardship to the neighbors on the same block since staff is planning to adjust the excess red curb to create an additional street parking space. Therefore, there will not be any net loss of street parking for the neighborhood. Due to the application meeting the above findings, Staff is recommending approval of the request. Fiscal Implications: The material cost for applying the disabled parking space onto the street is approximately $200.The labor is performed by Public Works Maintenance staff and typically takes about three (3)man hours. Approximately another three (3)man hours are required to remove the disabled parking space once the residence no longer qualifies. All expenses for this service are charged to the general fund. Ordinance No.13-1340 allows for charging the applicant a processing fee for the designation of an on-street disabled parking space as set forth in the City’s master fee resolution.The last fee update was in 2011,prior to adoption of this ordinance therefore a processing fee is not collected for Hermosa Beach Printed on 6/4/2015Page 2 of 3 powered by Legistar™ Staff ReportREPORT 15-0484 processing the application. In July 2015,the Finance Director will bring forth an update regarding the master fee study.It can be determined at that time whether a fee should be established for this service separately or whether it can just be included in the user fee study update.The plan is to update the study every 5 years so funds are budgeted for 2015-16 for an update. Attachments: 1. Photo of frontage with proposed improvements 2. Public Notice 3. Letter from resident requesting disabled parking spot 4. Letter from resident, dated 6-3-15 Respectfully Submitted by: Homayoun Behboodi, Associate Engineer Concur: Andrew Brozyna, P.E., Director of Public Works Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 6/4/2015Page 3 of 3 powered by Legistar™ Reduce Red Curb to Create Additional Parking Stall Create ADA Parking Space 1507 Golden Ave, Hermosa Beach City of Hermosa Beach PUBLIC WORKS DEPARTMENT IMPORTANT NOTICE ON JUNE 9, 2015, THE CITY COUNCIL WILL BE CONSIDERING THE FOLLOWING ISSUES THAT WILL AFFECT YOUR COMMUNITY. REQUEST FOR INSTALLATION OF A DISABLED PARKING SPACE IN FRONT OF 1507 GOLDEN AVENUE On Tuesday, June 9, 2015, at 7:00 pm, in City Hall Council Chambers, 1315 Valley Drive, at the regularly scheduled meeting of the City Council, the City Council will review the request for a disabled parking space in front of 1507 Golden Avenue. ALL PERSONS interested are invited to participate and speak at this meeting at the above time and place. All written testimony by any interested party will be accepted prior to or at the scheduled time on the agenda for the matter. FOR ADDITIONAL INFORMATION, contact Andrew Brozyna, Director of Public Works, at (310) 318-0238 (or email abrozyna@hermosabch.org). Andrew Brozyna, P.E. Director of Public Works/City Engineer Department of Public Works Attachment 3 From: Kent Allen [mailto:kentjallen@gmail.com] Sent: Tuesday, June 09, 2015 11:39 AM To: Ken Robertson; Elaine Doerfling; Nanette Barragan; Nanette Barragan; Hany Fangary; Tom Bakaly; Peter Tucker Subject: Fwd: Item 6 on your agenda tonight: As you deliberate tonight on the issue of allowing a handicap spot at 1507 golden ave tonight, Please weight into your consideration that the resident of 1538 also has a handicap license plate and parks in front of his house daily. He does not have a dedicated handicap spot in front of his his home. I've attached a photo of the handicap license plate of the owner of 1538 and the grange he rent out to 1507 in the left of the photo. Perhaps 1538 should also have a handicap place , just to be fair. Also, just to be clear, the owner of 1538 rents his garage (shown on the left of this photo) to the residents of 1507, the ones requesting the permanent space in front of their house. Also, there is a 91 year old man on our street (John Schmidt @ 1549 Golden who could use one. As I did not notice this information in your staff report, this missing information may have bearing on your decision to allow a spot at 1507 Golden Ave. Kent Allen City Clerk: Please distribute this to the other council members as I don't have their emails handy. Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0478 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 INITIAL REPORT REGARDING MINUTES FOR CITY COUNCIL AND CITY BOARD AND COMMISSION MEETINGS (City Clerk Elaine Doerfling) Recommended Action: It is recommended that the City Council consider the information set forth below and provide direction as deemed appropriate. Summary: At its meeting of October 28, 2014, under Other Matters, Councilmember Fangary, supported by Mayor pro tem Barragan, requested that an initial report be returned to the Council to evaluate and provide direction regarding: (1) the establishment of a protocol for Council/board/commission meeting minutes as to uniformity and more specificity; and (2) the current backlog of Council minutes and how best to resolve the problem and bring the minutes up to date. Background: Many years ago, board/commission meeting minutes were more detailed, since that was the only way at the time to provide Council with a thorough understanding of the issues raised and the discussions leading up to the actions (or recommended actions) on items later heard by Council (as a routine matter or on appeal). Council minutes were also more detail-oriented even though, as the final authority in the municipal hierarchy, Council’s rulings may be challenged only through legal action, which would require a verbatim account (via transcription or, more recently, audio/video recordings of the proceedings) rather than detailed Council minutes. To provide transparency and easy public access, our City meetings have for years aired live, followed by replays, on Time Warner (channel 8) and Verizon (channel 31). With the implementation of Granicus (at the October 9, 2007 City Council meeting), live video-streaming of meetings (also archived for on-demand viewing) became available through the City’s website, providing residents, the general public and internet users with even greater access to City meetings. In addition to increased transparency, Granicus was viewed as a way to reduce staff time for the City Clerk’s Office and other departments that staff public meetings and create minutes. With the ability Hermosa Beach Printed on 6/4/2015Page 1 of 3 powered by Legistar™ Staff ReportREPORT 15-0478 of individuals to access archived meetings to obtain details on matters of interest, some of our boards/commissions replaced their previously “detailed minutes” with “action minutes” (see attached samples). Except for the paring of public comments and presentations, the Council minutes have remained the same (a brief summary format), with a focus on actions taken and the exclusion of statements or comments by individual Councilmembers, as illustrated by the Council minutes (item 2a) presented on this evening’s agenda for approval. Analysis: The topic of whether or not all Council/board/commission meetings should provide more detail and/or follow a consistent format raises several issue that should be considered, including: (1) trade-offs between staff time/cost versus the desire for greater transparency; (2) the distinction between quasi- judicial commissions (Planning) and advisory boards/commissions; and (3) agenda size and frequency of meetings, which vary significantly between the bodies. Advisory boards/commissions meet every other month and have fewer items on their agendas, making possible (and easier) the preparation of detailed minutes. The Planning Commission meets monthly (twice as often) and has fuller agendas. Adding more specificity to the Council minutes would be an enormous and costly undertaking, given the substantial size of Council agendas and the twice-monthly regular-meeting schedule, with numerous study sessions in between. The tripling of the number and duration of Council meetings during the three-year period of 2012 through 2014, and the time needed to produce minutes, is the primary cause of the Clerk’s current backlog. Even with oil no longer an issue, the meeting increase appears now to be the norm. A review of Council minutes from nearby cities illustrates how the format and specificity vary from one city to the next. I reached out to the City Clerks Association of California (CCAC) about best practices standards/guidelines for minutes, and was told the CCAC Board recently formed a committee to develop such guidelines, anticipated to take a few months. However, the committee was pleased to share its working notes to assist in my preparation of this report. The (attached) CCAC committee’s working notes: (1) address the intent of the Government Code as it relates to the required components of minutes, the primary purpose of which is to memorialize decisions; (2) define the difference between “action” and “brief summary” minutes; and (3) stress that minutes should be impersonal, and not attribute views to specific individuals. As an alternative to requiring more detailed minutes, the Council may wish to direct staff to look into the feasibility of other options that may be available to improve on the retrieval of information, perhaps the minute-taker, during the meeting, can time-code and link specific items in the minutes to the video. Additional information relating to the backlog of Council minutes and the duties of the City Clerk (and Hermosa Beach Printed on 6/4/2015Page 2 of 3 powered by Legistar™ Staff ReportREPORT 15-0478 her staff) will be provided as a supplemental item prior to the meeting. Attachments: 1. CCAC Committee’s working notes on minutes 2. Sample of EPAC Minutes 3. Sample of Public Works Commission Minutes 4. Sample of Planning Commission Minutes 5. Sample of Parks and Rec Commission Minutes Submitted by: Elaine Doerfling, City Clerk Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 6/4/2015Page 3 of 3 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0506 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 DIRECTION ON AMENDING THE MUNICIPAL CODE REGARDING VIBRATIONS FROM COMMERCIAL PROPERTIES (Community Development Director Ken Robertson) Recommended Action: To direct staff as the Council deems appropriate. Background: As directed by the City Council, as an “Other Matters” item, staff has compared the Municipal Code provisions addressing vibrations with the comparable City of Manhattan Beach Code provisions and considered potential changes to the Code to enhance prosecution of vibrations caused by commercial operations. Currently the City addresses vibrations in Chapter 8.24 Noise Control equivalent to the prohibition on noise: 8.24.030 Prohibited noises--General standard. Unless otherwise permitted in this chapter, no person shall make, permit to be made or cause to suffer any noises, sounds or vibrations that in view of the totality of the circumstances are so loud, prolonged and harsh as to be physically annoying to reasonable persons of ordinary sensitivity and to cause or contribute to the unreasonable discomfort of any persons within the vicinity. When considering whether a noise, sound or vibration is unreasonable within the meaning of this section, the following factors shall be taken into consideration: A. The volume and intensity of the noise, particularly as it is experienced within a residence or place of business; B. Whether the noise is prolonged and continuous; C. How the noise contrasts with the ambient noise level; D. The proximity of the noise source to residential and commercial uses; E. The time of day; and F. The anticipated duration of the noise. This provision is the only section of the Code regarding vibration impacts from commercial properties Hermosa Beach Printed on 6/4/2015Page 1 of 2 powered by Legistar™ Staff ReportREPORT 15-0506 that are in proximity to residential uses. The Manhattan Beach Municipal Code addresses vibrations in chapter 10.60 of the zoning ordinance. Section 10.60.120, performance standards, reads in part, as follows: “The following performance standards shall apply to all use classifications in all zoning districts: A.Noise. All uses and activities shall comply with the provisions of the Manhattan Beach Noise Regulations (Chapter 5.48 of this Code). B.Vibration. No use, activity, or process shall produce vibrations that are perceptible without instruments by a reasonable person at the property lines of a site.” This section of the code has been in place since approximately 1991; Manhattan Beach Community Development indicates that no business has be cited or prosecuted for violation of this section, although it may have helped as leverage in mediating a dispute to improve the operations of cross fit type gym in Manhattan Beach. Analysis: The City’s current noise ordinance already addresses vibrations and allows the City to investigate and prosecute such violations. Some enhancement of the language in the ordinance would make the applicability of the existing Code provision more obvious; a redline draft of those language changes is attached to this report. Staff sees no advantage to adding such a provision to the zoning ordinance; doing so would not improve the enforceability of the provision and would be more cumbersome to enact. The language changes may also serve to put certain types of business on notice that vibrations are a serious concern especially near residential uses. Aside from those language enhancements, what staff has found with the situation at Crossfit Gym is that it is more difficult to determine the source of vibrations than noise. This is not an ordinance issue but an evidentiary one. Attachments: 1.Recommended Changes to Noise Ordinance 2.City of Hermosa Beach Noise Control Chapter 3.Manhattan Beach Section 10.60.120 Respectfully Submitted by: Ken Robertson, Community Development Director Legal Review: Mike Jenkins, City Attorney Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 6/4/2015Page 2 of 2 powered by Legistar™ Recommended Changes to Noise Ordinance 8.24.030 Prohibited noises and vibrations--General standard. Unless otherwise permitted in this chapter, no person shall make, permit to be made or cause to suffer any noises, sounds or vibrations that in view of the totality of the circumstances are so loud, prolonged and harsh as to be physically annoying to reasonable persons of ordinary sensitivity and to cause or contribute to the unreasonable discomfort of any persons within the vicinity. When considering whether a noise, sound or vibration is unreasonable within the meaning of this section, the following factors shall be taken into consideration: A. The volume and intensity of the noise or vibration, particularly as it is experienced within a residence or place of business; B. Whether the noise or vibration is prolonged and continuous; C. How the noise contrasts with the ambient noise level; D. The proximity of the noise or vibration source to residential and commercial uses; E. The time of day; and F. The anticipated duration of the noise or vibration. 8.24.040 Specific prohibited noises and vibrations. Notwithstanding any other provisions of this chapter, the following acts and the causing or permitting thereof, are declared and deemed to be in violation of this chapter: A. Placement of Stereo Speakers. The amplification of music or any other sound on private property, through speakers located either (1) outdoors, or (2) in one (1) or more windows or doorways, when such speakers are directed towards, and such music is plainly audible on, an immediately adjacent public right-of-way. B. Band or Orchestral Rehearsals. The conducting of or carrying on, or allowing the conducting or carrying on, of band or orchestral concerts or rehearsals or practices between the hours of 10:00 p.m. and 8:00 a.m. sufficiently loudly as to be plainly audible at the property line of the property from which the sound is emanating. C. Engines, Motors and Mechanical Devices Near Residential District. The sustained, continuous or repeated operation or use between the hours of 10:00 p.m. and 8:00 a.m. of any motor or engine or the repair, modification, reconstruction, testing or operation of any automobile, motorcycle, machine, contrivance, or mechanical device or other contrivance or facility unless such motor, engine, automobile, motorcycle, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from being plainly audible at the property line of the property from which the sound is emanating. D. Motor Vehicles. Racing the engine of any motor vehicle or needlessly bringing a motor vehicle to a sudden start or stop. E. Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to cause noise disturbance, except for solid waste collection by a franchised collector. F. Non-Emergency Signaling Devices. Sounding or permitting the sounding of any electronically amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for non- emergency purposes, from any place between the hours of 10:00 p.m. and 8:00 a.m., and in no event for more than ten (10) consecutive seconds in any hourly period outside those hours. G. Emergency Signaling Devices. 1. The intentional sounding, or permitting the sounding, outdoors, of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle or similar emergency signaling device, provided, however, that testing of an emergency signaling device is permitted between the hours of 10:00 a.m. and 8:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty (60) seconds. Testing of the emergency signaling system shall not occur more than once in each calendar month. 2. Sounding or permitting the sounding of any exterior burglar or fire alarm unless such alarm is terminated within fifteen (15) minutes of activation. 3. Sounding or permitting the sounding of any motor vehicle alarm unless such alarm is terminated within five (5) minutes of activation. 4. Sounding or permitting the sounding of any motor vehicle alarm more than three (3) times of any duration in any twenty-four (24) hour period. H. Leaf Blowers. The use or operation or allowing the use or operation of any portable machine powered with a combustion, gasoline or electric powered engine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces. (Ord.01-1213 §1, Feb. 2001) I. Commercial establishments adjacent to residential property. Notwithstanding any provision of this code to the contrary, continuous, repeated or sustained noise from the premises of any commercial establishment which is adjacent to one or more residential dwelling units, including any outdoor area part of or under the control of the establishment, between the hours of 10:00 p.m. and 8:00 a.m. that is plainly audible from the residential dwelling unit’s property line. (Ord. 00-1209, §3, 12-12-00 J. Vibrations from commercial, industrial and non-residential uses located in proximity to residential property. Any regular, sustained or periodic vibrations that are perceptible by a reasonable person of ordinary sensitivity without instruments within a residential dwelling at any time of the day. JK. Commercial establishments on Pier Plaza. property. Sustained amplified music from the premises of any commercial establishment on Pier Plaza that is plainly audible eighty (80) feet from the property line of the establishment. (Ord. 05-1251,§1,6/2005. Chapter 8.24 NOISE CONTROL Revised 3/15 Sections: 8.24.010 Purpose and findings. 8.24.020 Definitions. 8.24.030 Prohibited noises--General standard. 8.24.040 Specific prohibited noises. 8.24.045 Amplified music on Pier Plaza. 8.24.050 Construction. 8.24.060 Use of sound amplification equipment on public property. 8.24.070 Loud parties or gatherings. 8.24.080 Barking dogs and other animal noises. 8.24.090 Exemptions. 8.24.100 Violations--Penalty.Revised 3/15 8.24.110 Enforcement. 8.24.120 Additional remedies. 8.24.010 Purpose and findings. The city is a densely developed community. Residential dwelling units are located in close proximity to one another and commercial activities often adjoin residential housing. This pattern of land use development makes it almost inevitable that everyday noise will be audible to one degree or another. The purpose of this chapter is to strike a balance between normal, everyday noises that are unavoidable in an urban environment and those noises that are so excessive and annoying that they must be curtailed in order to protect the comfort and tranquility of all persons who live and work in the city. (Ord. 07-1285 §1, 2007) 8.24.020 Definitions. The following words, phrases and terms as used in this chapter shall have the meanings indicated as follows: "City manager" shall mean the city manager of the city of Hermosa Beach or the city manager’s designee. "Commercial purpose" means and includes the operation of a business for profit involving the sale or advertising of goods or services. "Construction" shall mean any site preparation, assembly, erection, substantial repair, alteration or similar action on public or private property. "Emergency machinery, vehicle or alarm" shall mean any machinery, vehicle or alarm used, employed, performed or operated in response to an emergency, including but not limited to work by private or public utilities when restoring utility service. "Emergency work" shall mean any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency, including but not limited to work by private or public utilities when restoring utility services. "Motor vehicles" shall include any and all self-propelled vehicles as defined in the California Motor Vehicle Code, including all on-highway type motor vehicles subject to registration under this Code, all off-highway type motor vehicles subject to identification under said code and mini-bikes, motorized scooters and go-carts. "Noncommercial purpose" means the use, operation or maintenance of any sound equipment for other than a commercial purpose. "Noncommercial purpose" shall mean and include personal, philanthropic, political and charitable purposes. "Person" means a person, firm, association, co-partnership, joint venture, corporation or any entity, public or private in nature. "Police chief" means the police chief of the city of Hermosa Beach or his or her designee. "Sound amplifying equipment" means any machine or device for the amplification of the human voice, music, or any other sound. Sound amplifying equipment shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. Sound amplifying equipment as used in this chapter shall not include warning devices on authorized emergency vehicles, or horns or other warning devices on any vehicles used only for traffic safety purposes. "Sound truck" means any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon, or attached thereto, any sound amplifying equipment. "Weekday" shall mean any day, Monday through Friday, which is not a legal holiday. (Ord. 00-1209, §3, 2000) 8.24.030 Prohibited noises--General standard. Unless otherwise permitted in this chapter, no person shall make, permit to be made or cause to suffer any noises, sounds or vibrations that in view of the totality of the circumstances are so loud, prolonged and harsh as to be physically annoying to reasonable persons of ordinary sensitivity and to cause or contribute to the unreasonable discomfort of any persons within the vicinity. When considering whether a noise, sound or vibration is unreasonable within the meaning of this section, the following factors shall be taken into consideration: A. The volume and intensity of the noise, particularly as it is experienced within a residence or place of business; B. Whether the noise is prolonged and continuous; C. How the noise contrasts with the ambient noise level; D. The proximity of the noise source to residential and commercial uses; E. The time of day; and F. The anticipated duration of the noise. (Ord. 07-1285 §2, 2007) 8.24.040 Specific prohibited noises. Notwithstanding any other provisions of this chapter, the following acts and the causing or permitting thereof, are declared and deemed to be in violation of this chapter: A. Placement of Stereo Speakers. The amplification of music or any other sound on private property, through speakers located either (1) outdoors, or (2) in one (1) or more windows or doorways, when such speakers are directed towards, and such music is plainly audible on, an immediately adjacent public right-of-way. B. Band or Orchestral Rehearsals. The conducting of or carrying on, or allowing the conducting or carrying on, of band or orchestral concerts or rehearsals or practices between the hours of 10:00 p.m. and 8:00 a.m. sufficiently loudly as to be plainly audible at the property line of the property from which the sound is emanating. C. Engines, Motors and Mechanical Devices Near Residential District. The sustained, continuous or repeated operation or use between the hours of 10:00 p.m. and 8:00 a.m. of any motor or engine or the repair, modification, reconstruction, testing or operation of any automobile, motorcycle, machine, contrivance, or mechanical device or other contrivance or facility unless such motor, engine, automobile, motorcycle, machine or mechanical device is enclosed within a sound insulated structure so as to prevent noise and sound from being plainly audible at the property line of the property from which the sound is emanating. D. Motor Vehicles. Racing the engine of any motor vehicle or needlessly bringing a motor vehicle to a sudden start or stop. E. Loading and Unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 8:00 a.m. in such a manner as to cause noise disturbance, except for solid waste collection by a franchised collector. F. Non-Emergency Signaling Devices. Sounding or permitting the sounding of any electronically amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for non-emergency purposes, from any place between the hours of 10:00 p.m. and 8:00 a.m., and in no event for more than ten (10) consecutive seconds in any hourly period outside those hours. G. Emergency Signaling Devices. 1. The intentional sounding, or permitting the sounding, outdoors, of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle or similar emergency signaling device, provided, however, that testing of an emergency signaling device is permitted between the hours of 10:00 a.m. and 8:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed sixty (60) seconds. Testing of the emergency signaling system shall not occur more than once in each calendar month. 2. Sounding or permitting the sounding of any exterior burglar or fire alarm unless such alarm is terminated within fifteen (15) minutes of activation. 3. Sounding or permitting the sounding of any motor vehicle alarm unless such alarm is terminated within five (5) minutes of activation. 4. Sounding or permitting the sounding of any motor vehicle alarm more than three (3) times of any duration in any twenty-four (24) hour period. H. Leaf Blowers. The use or operation or allowing the use or operation of any portable machine powered with a combustion, gasoline or electric powered engine used to blow leaves, dirt and other debris off sidewalks, driveways, lawns and other surfaces. (Ord.01-1213 §1, Feb. 2001) I. Commercial establishments adjacent to residential property. Notwithstanding any provision of this code to the contrary, continuous, repeated or sustained noise from the premises of any commercial establishment which is adjacent to one or more residential dwelling units, including any outdoor area part of or under the control of the establishment, between the hours of 10:00 p.m. and 8:00 a.m. that is plainly audible from the residential dwelling unit’s property line. (Ord. 00-1209, §3, 12-12-00) J. Commercial establishments on Pier Plaza. property. Sustained amplified music from the premises of any commercial establishment on Pier Plaza that is plainly audible eighty (80) feet from the property line of the establishment. (Ord. 05-1251,§1,6/2005. 8.24.045 Amplified music on Pier Plaza. All exterior doors and windows of a business establishment located on Pier Plaza shall be closed while amplified music is being played in the establishment. (Ord.05-1251 §2, 6/2005. 8.24.050 Construction. A. Permissible hours of construction. All construction shall be conducted between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday (except national holidays), and 9:00 a.m. and 5:00 p.m. Saturdays. Construction activity is prohibited at all other hours and on Sundays and national holidays. For purposes of this section, "construction" or "construction activity" shall include site preparation, demolition, grading, excavation, and the erection, improvement, remodeling or repair of structures, including operation of equipment or machinery and the delivery of materials associated with those activities. B. Special circumstances. The building official may grant an exception to the provisions of this section in accordance with the procedures set forth below. Upon receipt of an application in writing therefore stating the reasons for the request and the facts upon which such reasons are based, the building official may grant such permission if he or she finds that: 1. The work proposed to be done is in the public interest; or 2. Unusual hardship, injustice or unreasonable delay would result from adherence to the hours and days specified above. Any person dissatisfied with the decision of the building official may forthwith appeal to the city council. Construction, repair or excavation which qualifies as emergency work and which must be accomplished during prohibited hours during such hours as the offices of the city are closed or where such necessity requires immediate action prior to the time at which it would be possible to obtain the building official approval, may be performed provided that the persons doing such construction, repair or excavation obtain a permit therefor within one day after the office of the building official is first opened subsequent to the making of such construction, repair or excavation. C. Utilities exemption. The provisions of this section do not apply to construction, repair or excavation by a public utility which is subject to the jurisdiction of the Public Utilities Commission and where such work is necessary for the immediate preservation of the public health, safety, or welfare and where such necessity makes it necessary to construct, repair or excavate during the prohibited hours. D. City exemption. The provisions of this section do not apply to public works which are authorized by the City. E. Owner exemption. Notwithstanding the provisions of Subsection A of this section, a property owner may engage in construction activity on his or her own property on Sundays and national holidays between the hours of 10:00 a.m. and 2:00 p.m. (Ord. 02-1223 §2, Oct. 2002) 8.24.060 Use of sound amplification equipment on public property. A. Application required. It is unlawful for any person, other than personnel of law enforcement and government agencies, to install, use or operate within the city a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purpose of giving instructions, directions, talks, addresses, lectures or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place or public property without first filing an application and obtaining a permit therefore as set forth in the following paragraphs. B. Filing application. Every user of sound amplifying equipment shall file an application with the Chief of Police at least ten (10) days prior to each date or each consecutive number of days on which the sound amplifying equipment is intended to be used. The application shall contain the following information: 1. The name, address and telephone number of both the owner and responsible party for the property where the sound amplifying equipment shall be used; 2. The address where the sound amplifying equipment will be used; 3. The date(s) and day(s) on which the sound amplifying equipment will be used; 4. The times when the sound amplifying equipment will be used; 5. The type of activity and the estimated number of persons who will attend; 6. A general description of the sound amplifying equipment which is to be used; 7. Whether the sound amplifying equipment will be used for commercial or noncommercial purposes; 8. Other information deemed necessary by the Chief of Police or his designee to determine the levels, location and duration of the use of sound amplifying equipment. C. Approval of permit. The Chief of Police shall approve the application unless he or she finds that: 1. The conditions of motor vehicle or pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or 2. The issuance of the permit would be otherwise detrimental to the public health, safety or welfare; or 3. The issuance of the permit will substantially interfere with the peace and quiet of the neighborhood or the community; or 4. The applicant would violate the provisions of this code or of any other law. D. Conditions of approval. The Chief of Police may impose such conditions on the operation to be conducted under the permit as he or she may deem necessary or proper to ensure that the city’s noise regulations are followed and that the operation of the sound equipment will not invade the privacy of others. There shall be no conditions placed on any permittee as to the type of message or the content of the communication proposed to be amplified. E. Appeals. Any person aggrieved by disapproval of an application may appeal to the city council within ten (10) calendar days from the date of notification of decision. F. Permit fee. Prior to the issuance of the permit, a permit fee in an amount fixed by resolution of the City Council per day, or any portion thereof, shall be paid to the City. No fee shall be paid by any nonprofit organization. (Ord. 00- 1209, §3, 12-12-00) 8.24.070 Loud parties or gatherings. The following provisions apply to any party or other gathering of people on private property that is determined by a law enforcement officer at the scene to constitute a threat to public peace, health and safety or a violation of this Code or State law due to the magnitude of the crowd, the volume of noise, the level of disturbance to the surrounding neighborhood, unruly behavior, excessive traffic or destruction of property generated by the party or gathering. The provisions of this section are inapplicable to a party or gathering authorized by a permit issued pursuant to Section 9.28.020. (Ord. 07-1285, §3, Aug. 2007) A. The law enforcement officer at the scene shall take such actions and give such direction as is necessary to abate the violation or condition, and shall advise the responsible person orally and in writing that if additional law enforcement personnel or emergency service providers are called upon to respond on behalf of the city to abate the condition, the responsible person and the owner or occupant of the property shall be held liable for the cost to the city of providing such services. Such direction and advice shall be given to the person responsible for the party or gathering or to the owner or occupant of the property involved. If the condition is not voluntarily abated and if additional law enforcement personnel or emergency service providers are called upon to respond on behalf of the city in order to disperse the party or gathering, quell any disturbance, direct traffic, cite illegally parked vehicles or otherwise respond, then the cost to the city of such additional services shall be reimbursed to the city as provided in subsection 2. of this section. B. The person or persons responsible for a party or gathering described in subsection (1) of this section, or the owner or occupant of the property on which the party or gathering is held, or, if any such person is a minor, the parents or legal guardian of the minor shall be jointly and severally liable for the following costs incurred by the city: (1) The actual cost to the city of law enforcement services and emergency services, excluding the initial response provided by a law enforcement officer, in order to abate any of the conditions described in subsection 1. of this section; (2) Damage to public property resulting from such law enforcement or emergency response; and (3) Injuries to any law enforcement or emergency service personnel involved in such law enforcement or emergency response. C. The City Manager or his or her designee shall calculate all such costs. The person or persons specified above in subsection 2. of this section shall be billed by the City Manager or his or her designee for the total cost, and payment shall be due and payable within fifteen (15) days of the billing date. If the amount due is not paid, the city may collect the debt, as well as any fees and costs incurred in its collection, pursuant to all applicable provisions of law. (Ord. 00- 1209, §3, 12-12-00) 8.24.080 Barking dogs and other animal noises. A. Barking dogs and other noisy animals. It is unlawful to keep, maintain, or cause or permit to be kept or maintained upon any premises in the city, or to permit or allow to be running at large, any dog or other animal which repeatedly barks, howls, whines, crows, or makes loud or unusual noises in such a manner as to either disturb the peace and quiet or interfere with the comfortable enjoyment of life and property of any person or persons. The owner or other person in control or custody of the dog or other animal in violation of this Section may be cited by a law enforcement officer at the scene upon a determination of a violation of this subsection A. B. Evidence of a barking dog or other noisy animal. In making a determination whether a violation of subsection (A) of this section has occurred, evidence of the following shall be considered: 1. The nature, volume and frequency of the barking or other noise; 2. The time or times of day when the noise is heard by the complaining parties; 3. The apparent reasons or provocations for the dog or other animal to emit the noise, if any; 4. The location or locations on the property where the dog or other animal is kept; 5. The manner in which the dog or other animal is kept; 6. The number of persons complaining about the barking or other noise; 7. Any other relevant evidence concerning the alleged barking dog or other noisy animal problem. C. Disposition of Barking Dog or Other Noisy Animal. Enforcement of this section may be initiated by issuance of a citation by a law enforcement officer or by way of complaint from any person alleging a violation of this section. Prior to commencing a prosecution for violation of this section, the city prosecutor may refer the affected parties to dispute resolution and/or afford the owner of the dog or other animal a reasonable opportunity to take one (1) or more of the following actions to abate the noise: 1. Train or retrain the dog or other animal to cease creating a violation; 2. Keep the dog or other animal indoors during specified hours, or other similar measures be taken, to eliminate the violation; or 3. Remove the dog or other animal from the city permanently, or for a specified period of time after which time the animal may be returned as long as steps have been taken such that the violation will not recur. D. Recovery of Law Enforcement Costs. The animal owner or custodian who has received one (1) citation pursuant to this section after having been given a reasonable opportunity to abate the noise pursuant to subsection (C) of this section shall be liable for the following costs incurred by the city: 1. The actual cost to the city of law enforcement services responding to any subsequent calls complaining of a violation of this section; 2. Injuries to any city personnel or law enforcement officers responding to any such calls. The police department shall accurately compute the cost of providing such services in accordance with the schedule of rates and charges for personnel and equipment contained in the law enforcement services agreement and advise the city manager of such costs as well as any other costs of injuries to personnel resulting from the law enforcement response. The city manager shall bill said costs to the animal owner or custodian. Payment shall be due and payable within thirty (30) days of the billing date. If the amount due is not paid, the city may collect the debt, as well as any fees and costs incurred in its collection, pursuant to all applicable provisions of law. E. The remedies set forth in this section are not exclusive and may be used in addition to those set forth elsewhere in this Code or by law. (Ord. 00-1209 §3, 2000) 8.24.090 Exemptions. The following activities shall be exempt from the provisions of this chapter: A. Emergency Exemption. The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work. For the purposes of this section, "emergency" means a condition that constitutes an immediate threat to public safety, health or welfare or to property. B. Warning Devices. Warning devices necessary for the protection of public safety, such as police, fire and ambulance sirens and train horns. C. Outdoor Activities. Activities conducted on public playgrounds, fully licensed and approved child day care facilities within residential areas as permitted by law, and public or private school grounds, including but not limited to school athletic and school entertainment events. D. Outdoor Gatherings, Public Dances, Shows and Sporting Events. Provided the events are conducted pursuant to a permit issued by the city manager. (Ord. 00-1209, §3, 2000) 8.24.100 Violations--Penalty. Revised 3/15 Violations of the provisions of this chapter shall be a misdemeanor enforceable as provided in Chapter 1.04. (Ord. 14- 1348 §6, 2014: Ord. 07-1281, 2007) 8.24.110 Enforcement. Nothing in this chapter shall preclude the city manager from seeking to obtain voluntary compliance by way of warning, notice or informational materials. (Ord. 00-1209, §3, 2000) 8.24.120 Additional remedies. A. Motor Vehicle Alarms--Deactivation. In addition to the remedies set forth in this chapter, the police department may undertake such procedures as are reasonably necessary to deactivate a motor vehicle alarm generating noise in violation of this chapter. If the police department is unable to deactivate the alarm, the law enforcement officer may cause the motor vehicle to be removed according to the procedure set forth in Section 22651.5 of the California Vehicle Code. B. Motor Vehicle--Removal. Any costs associated with the removal or storage of a motor vehicle pursuant to subsection (A) of this section and any costs incurred by the city in connection therewith shall be paid by the registered owner of the motor vehicle. C. Operation or Maintenance of Other Machinery. The operation or maintenance of any device, instrument, equipment, vehicle or machinery in violation of any provisions of this chapter, and persistent animal noise in violation of this chapter, shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. (Ord. 00-1209, §3, 2000) 10.60.120 - Performance standards. The following performance standards shall apply to all use classifications in all zoning districts: A. Noise.All uses and activities shall comply with the provisions of the Manhattan Beach Noise Regulations (Chapter 5.48 of this Code). B. Vibration.No use, activity, or process shall produce vibrations that are perceptible without instruments by a reasonable person at the property lines of a site. C. Dust and Odors.No use, process, or activity shall produce objectionable dust or odors that are perceptible without instruments by a reasonable person at the property lines of a site. D. Glare. 1. From Glass.Mirror or highly reflective glass shall not cover more than twenty percent (20%) of a building surface visible from a street unless an applicant submits information demonstrating to the satisfaction of the Community Development Director that use of such glass would not significantly increase glare visible from adjacent streets or pose a hazard for moving vehicles. 2. From Outdoor Lighting.Parking lot lighting shall comply with Chapter 10.64. Security lighting in any district may be indirect or diffused, or shall be shielded or directed away from an R district within two hundred feet (200′). Lighting for outdoor court or field games within three hundred feet (300′) of an R district shall be subject to review and approval of the Community Development Director. E. Combustibles and Explosives.The use, handling, storage, and transportation of combustibles and explosives shall comply with the provisions of the Manhattan Beach Fire Prevention Code (Chapter 3.16 of this Code) and any other applicable laws. F. Radioactive Materials.The use, handling, storage, and transportation of radioactive materials shall comply with the provisions of the California Radiation Control Regulations (California Code of Regulations, Title 17), the Manhattan Beach Fire Prevention Code (Chapter 3.16 of this Code), and any other applicable laws. G. Hazardous and Extremely Hazardous Materials.The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations (California Code of Regulations, Title 22, Division 4), and Manhattan Beach Ordinance No. 1751 (Chapter 3.28 of this Code). H. Heat and Humidity.Uses, activities, and processes shall not produce any unreasonable, disturbing, or unnecessary emissions of heat or humidity, at the property line of the site on which they are situated, that cause material distress, discomfort, or injury to a reasonable person. I. Electromagnetic Interference.Uses, activities, and processes shall not cause electromagnetic interference with normal radio or television reception in R districts, or with the function of other electronic equipment beyond the property line of the site on which they are situated. J. Evidence of Compliance.The Community Development Director shall require such evidence of ability to comply with performance standards as he deems necessary prior to issuance of a building permit. (Ord. No. 1832, Amended, 01/17/91; Ord. No. 1838, Renumbered, 07/05/91) From: corym1919 <corym1919@aol.com> To: tbakaly <tbakaly@hermosabch.org>; jmitchell90069 <jmitchell90069@gmail.com>; jbalice <jbalice@ebg-law.com>; nrozansky <nrozansky@ebg-law.com> Sent: Fri, Jun 5, 2015 3:14 pm Subject: Regarding Gym Issue in This Weeks Beach Reporter Hi Tom Bakaly, It is my understanding you are the current city manager of Hermosa Beach and have encouraged community input regarding the Crossfit Horsepower gym in your city in this weeks Beach Reporter. My name is Cory Mendelsohn. I own a property (single family residence), 228 33rd St in Manhattan Beach, CA. Since purchasing the home in 2012, I have been involved in litigation against Level 10 Fitness, a gym next door to my home that operates using heavy weights and many crossfit style activities. Immediately, the dropping of weights was an issue because it causes a distinctly disturbing noise/vibration in my home every time a weight hit the gym floor or walls. Before moving into the property, the previous owners and a nearby business had already been to two city organized mediations regarding the noise and vibrations from the gyms routine activities. I had to sue the previous owners and their realtor/company for non disclosure, which has been since settled. I also sued the gym and the landlord for nuisance, and their respective insurance companies settled for a 6 figure amount. We hired acoustical engineers from Veneklasen Assoc. to test the amounts of noise and vibration, and they did exceed both the local and state ordinances. The landlord sent the gym a Notice to Cure or Quit 9 months ago, yet the gym remains open today in utter defiance of the law and the obvious adverse affect it has on neighbors/neighborhood. With careful manipulation from the gyms owner, Meredith Miller, criminal charges were even pressed upon myself and my partner due to claims of harassment and violations of restraining orders. We spent 20 days in downtown county jail as a result of these criminal proceedings, which are now complete. I just read the spread in this weeks Beach Reporter regarding the Crossfit Horsepower gym, and it appears to be a very similar issue. Nationally, gyms have been presenting a severe nuisance to residents from New York to Florida to Texas to California. We did an interview for the Wall Street Journal as well, which was published this last month. The city of Manhattan Beach has refused to cite the gym or set any type of boundaries or restrictions, and thus have put themselves in extreme liability. Manhattan Beach City Attorney Joan Jenkins has a deposition scheduled this Monday at my attorney's office, EBG (Ezra, Brutkus, and Gubner). I have cc'd the two attorneys designated to the case to this email (Joe Balice and Nick Rozansky). Level 10 Fitness, specifically, has been a problem since the day they opened in 2008. There are police reports and mediations dating back to that year..... I encourage you to contact my lawyers if you need any further information. And please call me as well, I would love to offer any help possible. I am sincerely hoping city's nationwide realize the severity of this unique problem and set forth new zoning restrictions and requirements to prevent this type of suffering in the future. I called your office as well and left a voice message and I'd be happy to attend the city council meeting on June 9th which I read about in the Beach Reporter. Thanks, Cory Mendelsohn 310 491-6531 From: Karen Anderson [mailto:kadelle@aol.com] Sent: Monday, June 08, 2015 9:40 PM To: Ann Yang Cc: larrynak@verizon.net Subject: Crossfit Gym on Cypress Hello Anny, I understand there is a City Council meeting tomorrow regarding the gym on Cypress. I've included a brief account of my phone conversations with the gym and with Hermosa Beach Dispatch below. I left my apartment, where I had lived for 7 years prior, because of the nuisance caused by the Crossfit gym on Cypress. I anticipated these disturbances, knowing full well that a ‘Crossfit’ gym is no ordinary gym. ‘Crossfit’ is known for extreme workouts, which includes lifting maximum weight, until failure, and then dropping the weights to the floor. I urged the City Council to consider this and had hoped they would opt for a CUP instead of outright changing the zoning. My personal experience and contact with the gym and Hermosa Beach Police Department regarding noise caused by music: I have talked to Ashley, specifically, several times. Our first few phone calls were cordial. I called because of the music. She was apologetic and stated that the base was fully in their control and she could turn down the dial on just the base, if that’s what was bothering me. She did this while on the phone. She also told me she can control this offsite as well, via her phone. She has turned the music down for me during my phone call several times. The last time I spoke to Ashley, she was not so cordial. Her tone was noticeably different, right away. She was suddenly very defensive and asked “How do you know it’s coming from us?”. That was the last time I would give Ashley and the gym a courtesy call and politely ask them to turn down the music. Music, that often times, would wake us out of bed at 7am. After that interaction, I felt it best to talk directly with the police for my complaints. I’ve called Hermosa Beach dispatch at least half a dozen times with complaints about the music. Each time, my complaint was taken and shortly after my phone calls to Hermosa Beach Dispatch, the music was turned off - usually within a few minutes. Please take my personal account into consideration regarding the noise caused by the gym, both from weight dropping and from music. These happenings are frequent, consistent, and fact. To be clear, these noises are coming from the gym. I had the unique perspective of being able to see, hear and feel these noises every day from the vantage point in my apartment. This constant nuisance is the reason we left the home we had lived in for so long. I feel for my previous neighbors, who are not as mobile. I’m also frustrated that I was ‘forced’ to leave my home. We opted to leave behind the stress caused by living next door to the Crossfit on Cypress. Thank you, Karen Anderson Formerly - 430 8th Street, Hermosa Beach From: Michael Binder [mailto:binder@altitudeaviation.com] Sent: Tuesday, June 09, 2015 12:08 PM To: Ann Yang Subject: Fwd: vibration letter Binder Begin forwarded message: From: simone binder <caffo4pt@yahoo.com> Date: June 9, 2015 at 8:59:13 AM HST To: Michael Binder <Binder@AltitudeAviation.com> Subject: vibration letter Dear city council members, As a 20 year resident of Hermosa Beach, I urge you to pass the proposed vibration law. It makes sense to follow Manhattan Beach’s lead: in such small town, high density cities, we must be cognizant of what our impacts are on our neighbors. My wife and I both work from home as do many of our neighbors. Up until the gym opening, we have peacefully coexisted with all of our Cypress neighbors and have experienced very little noise and vibration. However, since the opening of Crossfit Horsepower, our days are interrupted with the repeated vibrations associated with dropped weights. I can only imagine how those closer in proximity to the gym feel. As I understand, this crossfit is not the first gym to experience these type of noise and vibration complaints and it is an inherent problem within many communities. Had there been full disclosure that this was specifically a crossfit gym when this was first proposed, we may have been able to head this off at the pass. However, the owners failed to disclose this vital piece of information, and this has lead to our current conundrum. We can appreciate the right to do business, especially one that encourages a healthier community, but not at the expense of the neighboring residents. Please pass this vibration law so we can once again enjoy the peace and quiet we have known for the past 20 years. Thank you, Michael Binder 640 Loma Drive From: robert walsh [mailto:rwalsh473@gmail.com] Sent: Tuesday, June 09, 2015 2:40 PM To: Ann Yang Cc: Larry N Subject: Crossfit vibrations Hi Anny, I am not able to attend the City Council Meeting tonight and wanted to state my opinion. I am strongly in favor of an amendment to the noise ordinance (or if necessary a new ordinance) to specifically address vibrations. Since the Crossfit Horsepower Gym opened on Cypress Ave last summer, we have experienced pounding vibrations as a result of weights being dropped. This continues to be an ongoing issue for us and our neighbors. Respectfully, Robert Walsh 726 Loma Drive Hermosa Beach Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0475 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 AUTHORIZATION FOR THE CITY CLERK TO VERIFY SIGNATURES UPON SUBMITTAL OF AN INITIATIVE PETITION TO PLACE ON THE NOVEMBER BALLOT A MEASURE TO RAISE THE TRANSIENT OCCUPANCY TAX (City Clerk Elaine Doerfling) Recommended Action: It is recommended that the City Council consider authorizing the City Clerk to verify signatures upon submittal of an initiative petition to place on the November 3, 2015 ballot a measure to raise the Transient Occupancy Tax (TOT) from 10% to 12%. Background: At the meeting of May 26, 2015, under Other Matters, Mayor Tucker, supported by Mayor pro tem Barragan and Councilmember Fangary, requested a full report be returned to the Council at its meeting of June 9, 2015, to consider authorizing the City Clerk to verify signatures upon submittal of an initiative petition (currently circulating) which, if qualified, would submit to the voters at the City’s next General Municipal Election (of November 3, 2015) a ballot measure to increase the City’s TOT from its current rate of 10% to 12%. Because this initiative petition proposes a tax increase, it falls under Proposition 218. Per those provisions, the number of valid signatures needed to qualify the petition for the November ballot is 322, which is five percent (5%) of the number of Hermosa Beach voters (6,435) who cast votes in the last gubernatorial election of November 4, 2014. Initiative petitions not regulated by Prop 218 require the valid signatures of at least 10% of registered voters to qualify for a general election and 15% to qualify for a special election. Our current registration is actually higher but, for example, if we had 13,000 registered voters, 1,300 valid signatures would be required to reach the 10% threshold, with 1,950 needed to meet the 15% threshold. Because of the high number of valid signatures required to qualify those “more typical” initiatives, I have routinely sent those petitions to the County for signature verification. State law allows up to 30 Hermosa Beach Printed on 6/4/2015Page 1 of 2 powered by Legistar™ Staff ReportREPORT 15-0475 working days (Saturdays, Sundays and holidays excluded) for completing the verification process. Because the County represents all cities within its jurisdiction, there is no way to know in advance if our request for service can be handled at the beginning or the end of that 30-day window, since it depends on what requests were received from other cities prior to our submittal. A separate item on tonight’s agenda requests a June 16 start-date for election pay as compensation for the additional duties related to the November election, which would coincide with the timing of the signature verification. Because so few signatures are involved with this particular verification, no significant impact is anticipated. Submitted by: Elaine Doerfling, City Clerk Concur: Tom Bakaly, City Manager Hermosa Beach Printed on 6/4/2015Page 2 of 2 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0476 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 FIXING THE COMPENSATION OF THE CITY CLERK FOR THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 3, 2015 (City Clerk Elaine Doerfling) Recommended Action: It is recommended that the City Council adopt the attached resolution fixing the additional compensation to be received by the City Clerk throughout the November election period, commencing June 16 and ending November 15, 2015. Background: The City will be conducting a General Municipal Election on Tuesday, November 3, 2015, for the election of officers and the possible submission to voters of one or more ballot measures. The additional duties associated with the upcoming election have already begun, with the preparation of resolutions (calling the election, requesting County consolidation, and adopting regulations for candidate statements) to be presented for Council adoption at the meeting of June 23, along with a preliminary election calendar identifying important deadline dates. (An additional duty, if authorized this evening, would be verification of signatures upon submittal of the initiative petition, currently being circulated, proposing to raise the City’s Transient Occupancy Tax.) The duties immediately following the adoption of those three resolutions include: (1) required legal noticing; (2) coordination with the County Board of Supervisors and County Election staff; (3) acquiring the official forms (Nominating Papers, Candidate Statement, etc.); (4) review of any Election Code amendments effective this year pertinent to the nomination process; and (5) preparation of all documents and related information to be included in the candidate packets prior to the July 13 opening date of the nominating period. It has been customary for the City Clerk to receive extra compensation during all election periods due to the tremendous impact administering an election has on the workload of the City Clerk. I respectfully request the additional salary specified in the attached resolution for the upcoming November election, which would effectively double my “part-time” salary (currently $2,931.50 per month) to compensate for the full-time hours (at a minimum) that are required to perform my duties. Hermosa Beach Printed on 6/5/2015Page 1 of 2 powered by Legistar™ Staff ReportREPORT 15-0476 (A separate item on tonight’s agenda addresses the minutes backlog and the City Clerk’s duties and workload, which has increased significantly over the years with a higher number/duration of Council meetings/work sessions, the continuing high volume of public record requests, and other programs/duties that did not previously exist.) Fiscal Implications: Except for the 2009 and 2011 election periods, when I did not request additional compensation due to budgetary concerns in a poor economy (my gift to the City), it has been standard practice for the City Clerk to receive additional compensation during all election periods. Additional compensation for November 2015 election period is included in the 15-16 Budget. Attachments: 1.Resolution No. 15-XXXX for the City Clerk’s Election Compensation Submitted by: Elaine Doerfling, City Clerk Concur: Tom Bakaly, City Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Hermosa Beach Printed on 6/5/2015Page 2 of 2 powered by Legistar™ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 15-XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 3, 2015 WHEREAS, the matter of the General Municipal Election of November 3, 2015, as it relates to additional duties and staffing, was reviewed by the City Council on June 9, 2015. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That pursuant to City of Hermosa Beach Municipal Code Section 2.72.050, the compensation of the City Clerk shall be fixed by Resolution of the City Council. SECTION 2. That the City Clerk shall receive an additional monthly salary equal to the Clerk’s regular monthly salary throughout the November 3, 2015 election process, commencing June 16, 2015, and ending November 15, 2015, payable semi-monthly at the same time and in the same manner as the salaries paid to each of the officers and employees of the City. SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions, 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 9th day of June, 2015. _________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach ATTEST:APPROVED AS TO FORM: ____________________________________________________________________ City Clerk City Attorney Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0480 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 DOWNTOWN CORE STRATEGIC PLAN UPDATE (Economic Development Officer Shelli Margolin-Mayer) Recommended Action: Receive and file this report. Background: The Downtown Core Revitalization Strategy is intended to provide a comprehensive approach for increasing the vitality of the downtown including assessing the role of key private sites and potentially leveraging City assets to achieve City goals. On February 24, 2015 the Council accepted the Strategy and a set of Principles and Guidelines to help guide implementation of the Strategy. The Strategy components and implementation paths include the following: ·The Hermosa Avenue and Pier Plaza improvement components have been referred to Public Works to refine concept plans before seeking input from relevant Commissions (Public Works and Planning Commission for Hermosa Avenue; Public Works, Parks and Recreation and potentially Planning Commission for Pier Plaza). ·Catalyst hotel development should be guided by the Strategy and Principles and Guidelines. ·Begin discussions on a comprehensive downtown and interceptor parking facilities. ·The zoning code related concepts of the Parking Strategy and commercial uses have been referred to Community Development, Economic Development and the Planning Commission. Some of the other Strategy components also address private development and the public/private realm interfaces. Community Development is addressing how these projects and programs relate to the General Plan/Coastal Land Use Plan Update. A purpose of the Update process is to test and integrate the various independent planning and programs underway into one comprehensive, long-term plan that reflects a common vision and provides a framework for aligning policy and programs. Analysis: The various components of the Downtown Core Revitalization Strategy work together to advance a desired future vision. It is important to keep the overall context and Principles in mind as we move forward into the implementation stage: th Hermosa Beach Printed on 6/5/2015Page 1 of 7 powered by Legistar™ Staff ReportREPORT 15-0480 ·Proactive strategy: The Downtown Core, between 10th and 14th Streets and the Strand and Palm Drive focused on Hermosa Avenue and Pier Plaza is the heart of Hermosa Beach, and should be enhanced as the focus of social life in the city. It is part of the Downtown District, bounded by 15th Street, 8th Street, extending along Pier Avenue to Valley Drive. ·Family-friendly, inviting to all: Create an environment that appeals to the increasingly stable, diverse and family-oriented population and allows them to mutually co-exist, rather than being a place dominated by one group at the expense of another. ·Daytime district: Increasing the day-time population will add life and vitality that goes beyond the typical recreationally oriented uses that have been historically attracted to the beach setting of Hermosa Beach. ·Pedestrian oriented: Develop the Downtown Core as a pedestrian and people oriented place with an appropriate mix of uses and quality of development that contributes to a more sociable, publicly-spirited and economically viable place. ·Eclectic beach character: Improvement of parking facilities and management within the Downtown Core is essential to increasing economic vitality and maintaining the eclectic character of a district with small local businesses anchored by catalyst projects that provide synergy and support. ·Distinctive retail district: Create a distinctive and well-defined retail district with quality shops and restaurants on the ground floor that are pedestrian oriented, family-friendly and appealing to a wide range of people. ·Catalyst development: High quality hotel development that respects the scale and unique character of Hermosa Beach and provides significant quality public spaces and benefits can enhance the hospitality, identity, and economic viability of the Downtown District. ·Public investment: Realizing the full potential of the Downtown Core requires investment in the public realm and public-private partnerships which signal the City’s commitment to the area and further city goals, attract economic enterprises, and reduce the negative social behavior that occurs within the Pier Plaza area. For each component of the strategy, staff provides a recommendation on the next steps for council review and confirmation. Generally, each component would be referred to the specified department (s) to develop additional information, provided to the relevant city commissions to solicit public input, and then forwarded to the City Council for direction on implementation. The Planning Commission began reviewing the various components to land use and zoning codes as they relate to the strategy on April 21st and May 19th, 2015. They have requested a special study session to go over each element in detail. They also have the ability to make comments on the following improvements. The Public Works Commission will also have an opportunity to review the strategy during their July 2015 meeting, as currently scheduled. Hermosa Avenue Streetscape Improvements: The Revitalization Strategy proposed streetscape improvements on Hermosa Avenue between 10th and 14th Streets with diagonal parking on the east side of the street and landscape improvements on both sides of the street as well as in the median. These improvements are similar in concept to what was undertaken on Pier Avenue by the City. These proposals have been forwarded to Public Works for input, further evaluation and development of a Request for Proposal for the design of the streetscape improvements. The Hermosa Beach Printed on 6/5/2015Page 2 of 7 powered by Legistar™ Staff ReportREPORT 15-0480 effort would include design, a review of traffic, parking and other considerations, coordination with utilities, preparation of a preliminary cost estimate, and options for funding and financing. Then, it will go to the Public Works Commission for consideration and public input, and its recommendations will then be forwarded to the City Council for approval. Implementation steps will include commitment of funding and direction on the preparation of construction documents. Pier Plaza and Strand Improvements: The proposal is for extending the line of palms, planting a second row of canopy trees to provide human scale, new lighting, banners and banner poles, and removal of obstructions in the pavement. Council also recommended consideration of fountains and/or sculptural elements in the plaza. For the Strand, introduction of a children’s play area, adult fitness equipment and a bicycle kiosk were noted. Revitalization of Nobel Park can also be reviewed as part of the implementation strategy. The purpose of all of these is to create a more diverse, family- friendly environment. These proposals have been forwarded to Public Works in coordination with Community Resources, Economic Development, Community Development and consultation with Police to outline the improvement program, develop cost estimates, and evaluate potential funding and financing sources. A Request for Proposal for the design of the streetscape improvements will be coordinated by Public Works and Economic Development. From there, the proposals would go to a joint Public Works and Parks and Recreation Commission meeting for consideration and public input and based on the recommendations of these Commissions, they would be forwarded to the City Council for direction on implementation. Implementation steps will include commitment of funding and direction on the preparation of construction documents. A single Request for Proposal will be written for the Hermosa Avenue Streetscape Improvements and the Pier Plaza and Strand Improvements. Downtown Core Parking Structures:Although the Revitalization Strategy proposes the construction of a public parking structure south of Pier Plaza adjacent to 11th Street on Lot A, Council has emphasized developing interceptor public parking near upper Pier. This parking structure would provide additional parking to meet commercial demand created by restructured zoning regulation to encourage revenue generating uses on ground floor spaces and office and service uses above. Additional parking will also serve visitor parking demand and promote foot traffic throughout the Downtown and along PCH. The attached Downtown Parking Conceptual Master Plan reflects the opportunity for development of public parking structures at the Community Center and City Hall (with a new civic center). Phasing could include underground parking structures at the Community Center and a future Civic Center built over underground parking. The Community Center improvements should include replacement of the existing tennis courts and skate park. There would be an opportunity for additional recreational uses on top of the structures. The Downtown Parking Conceptual Master Plan also depicts possible opportunities for Lot D and demand pricing for parking near the beach to encourage the City Council’s sustainability goals. A demand pricing program could include low rates in facilities that capture traffic as it enters the Downtown to encourage folks to get out of their cars and walk (or take a proposed electric trolley) Hermosa Beach Printed on 6/5/2015Page 3 of 7 powered by Legistar™ Staff ReportREPORT 15-0480 through the Downtown. This would help support Downtown businesses as well as the Council’s Carbon Neutral goals. In order to make this option more feasible, a pricing scheme should be employed with higher public parking prices the closer parking is to the beach. These concepts are being discussed with Community Development, Public Works, Economic Development and the City Manager with input from Finance. The next step would be to have a feasibility study preformed that includes phasing. The Public Works Department would coordinate the Request for Proposal to confirm cost estimates, identify any related infrastructure improvement requirements, identify funding options in coordination with Economic Development, and prepare a construction phasing strategy. Finance would also assist in identifying potential revenue streams, funding and financing options. The proposal will then be forwarded to the Public Works Commission for recommendations to City Council for action. Bolour Associates requested and was granted permission to include parking Lot B in their hotel/mixed commercial development application. The Council has also granted OTO Development permission to include Lot A in a future application for a hotel project including mixed commercial, parking and public amenities with a concept to be presented to City Council. It has been indicated by the developers that such development proposals would likely replace existing public parking and provide parking for the subject developments, rather than providing a new source of parking for other uses. More information on the status of these projects should be provided within the next few months. Should Lot B (and/or A) not be included within the subject developments then they could be included within the City’s parking discussion. Land Use and Zoning Recommendations:The Revitalization Strategy recommended that certain zoning and land use regulations particularly related to the Downtown Core be modified and/or augmented. These included requirements for active ground level uses promoting vibrancy and revenue generation on Hermosa Avenue, Pier Plaza and on the Strand between 13th and 11th Streets, and augmenting provisions in the ordinance to facilitate upper floor office and service uses development, and modify parking requirements in the zoning ordinance to encourage a pedestrian and bicycle oriented district, and to allow flexibility to meet parking requirements offsite and in public parking facilities rather than onsite: 1. Pier Avenue, from PCH to Hermosa Avenue and including the Community and Civic Center sites and Hermosa Avenue and the Downtown Core from 10th to 14th Streets should be designated as a pedestrian-oriented district, with special incentives and provisions to minimize the impact of parking and to encourage pedestrian and bicycle mobility. 2. Required parking in the pedestrian-oriented district should be allowed, to provide off-site, rather than the current 25% of required on-site parking for buildings with greater than a one floor-to-area ratio (FAR). This is only currently allowed in the SPA-11 zone (Pier Avenue east of Hermosa Avenue to Valley Drive) as an incentive to conserve iconic buildings (Section17.38.550(D)). 3. There should be a reduced amount of required parking for commercial (office and retail) uses within the pedestrian oriented district. Currently one space per 250 SF is required for these uses, however, the Coastal Commission recently provided for a reduced standard of 1/333 SF, which is Hermosa Beach Printed on 6/5/2015Page 4 of 7 powered by Legistar™ Staff ReportREPORT 15-0480 more consistent with other beach communities, contingent on a parking evaluation from the City which should be undertaken. 4. There should be a reduced amount of required parking for restaurant uses within the pedestrian-oriented district. Currently, one space per 100 SF is required. Cities such as Redondo Beach utilizes a one space per 250 SF for pedestrian-oriented districts, which should be considered in Hermosa Beach as well. 5. Outdoor seating should be encouraged for the creation of a more sociable environment within the pedestrian oriented district. The determination of the appropriate amount of outdoor seating within the public street right-of-way should be based on lot frontage length, maintaining adequate space for pedestrian circulation and considerations related to adjacencies and public safety. These are to be determined on a case-by-case basis at a staff level by the Community Development Director and Public Works Director. Parking requirements for outdoor seating should be reduced appropriately to encourage the diversity of types of establishments within the downtown district and in particular within the Downtown Core. For example, in Redondo Beach, no additional parking is required for the first 12 seats of outdoor seating. 6. Parking requirements should be reduced for mixed use buildings on a single lot that generate parking demand during different times of the day without the need for a discretionary action by the City. There are currently a variety of conditions upon which the amount of parking reduction may be allowed or a fee paid in lieu of providing parking, but a discretionary review is required. 7. Upper level office use should be encouraged to attract a lively downtown environment and provide a greater daytime population that supports retail and restaurant uses. Parking for upper level office and service uses should be reduced and located off-site in shared parking and public parking facilities. 8. Vehicular parking requirements should be reduced in exchange for the provision of additional bicycle parking, beyond what is already required by the City. This provision is currently limited to development along Pier Avenue. An equivalence of 4 bicycle spaces for one car space, up to 20% of the parking required for non-residential projects should be considered (which is the provision allowed in the City of Los Angeles and other cities’ zoning codes). This includes the required bicycle parking and any additional bicycle parking. 9. For an existing non-restaurant use that is converting to restaurant use and whose parking requirements are met in common facilities within the pedestrian-oriented district, a credit against the future parking requirements should be allowed, based upon the zoning requirements of the existing use. Currently this is not allowed for some types of restaurants in the downtown district. 10. Parking requirements for commercial uses within the pedestrian-oriented district should be allowed in common facilities within a quarter mile walking distance. This is currently only allowed for second floor office space as an incentive to conserve iconic buildings in SPA-11 zone along Pier Avenue. 11. Parking requirements for commercial uses within the pedestrian-oriented district should be based on a net usable building square footage basis that is, not including for example, bathrooms, Hermosa Beach Printed on 6/5/2015Page 5 of 7 powered by Legistar™ Staff ReportREPORT 15-0480 hallways, lobbies, service, storage and mechanical rooms. Parking studies were undertaken in summer 2014 as part of the General Plan Update to support this work. Catalyst Project:The Catalyst Hotel Development Strategy includes the following: A.High quality hotel development that respects the scale and unique character of Hermosa Beach and provides significant quality public spaces and benefits can enhance the hospitality, identity, and economic viability of the Downtown District. B.Catalyst hotel projects provide strategic, transformative and differentiated development: ·Rather than representing “business as usual,” catalyst projects define, enhance and communicate the City’s brand, and activate community involvement, participation, and innovation. ·Advance community objectives to maintain our small beach town character, enhance economic and environmental sustainability, and support an active healthy lifestyle. ·Provide significant and demonstrable positive effects on the social and economic fabric of the Downtown District, including benefits to residents, businesses, and visitors. ·Make significant contributions to a livable and sustainable community. C.Catalyst development that provides public benefits may merit public/private partnerships or incentives of various types, including potential use of city assets, consistent with community objectives and values and these guidelines. High priority benefits include: ·Includes uses, amenities or spaces that provide the ability for the public to use or derive benefit from the project. ·Provides space and design that facilitates a more diverse and balanced mix of uses that appeal to residents as well as visitors. ·Provides a unique hotel product with a quality design and experience that strives for a top rating of four-star or higher at all times. ·Design and operation that reduces vehicle trips in the Downtown. ·Demonstration of environmental leadership through development design and operations consistent with the city’s carbon neutral goal. ·Design and operation that expands opportunities for walking, biking, and use of alternative modes. ·Demonstration of marine protection through development design and operations that result in net zero urban and stormwater runoff. Other priorities include: ·Minimizing parking demand through use of shuttles, carsharing, etc. ·Improvements or investments that serve as a catalyst to carbon reduction by others. D.Catalyst development design exhibits the following: ·Takes a holistic and integrated approach in order to maximize community benefits and Hermosa Beach Printed on 6/5/2015Page 6 of 7 powered by Legistar™ Staff ReportREPORT 15-0480 compatibility. ·Creates high quality public spaces for uses that appeal to a diverse population throughout the day and create synergy with nearby development. ·Community spirited improvements or public benefits may be located on property being developed for a hotel or other catalyst project, or on other property that is associated with the comprehensive development project. ·Maintains the connectivity of the mobility grid (streets, alleys, pedestrian and bike pathways) so people can continue to easily move from place to place, especially by walking and biking. E.Hotel development with frontage on Pier Plaza, The Strand between 11th and 13th Streets, Hermosa Avenue, or Pier Avenue exhibits the following: ·The ground floor frontages on the Pier Plaza, Hermosa Avenue and The Strand between 11th to 13th Streets must provide quality public spaces appeal to a diverse population and create a more sociable and attractive place. ·Parking, driveways, walls lacking permeability (without windows and doors inviting to the general public), and ground floor non-retail uses (including uses such as offices and appointment-driven services) must be avoided. ·Provision of high quality public spaces on the ground floor and roof terraces which enhance opportunities to enjoy the unique beachfront setting of Hermosa Beach but do not add stories may merit consideration of increased height. Any increased height is subject to a vote of the people. Potential Funding SB 628 - “Enhanced Infrastructure Financing Districts (EIFD)” was approved by the State earlier this year. It is a tax increment financing program which municipalities can capitalize on in the same manner as former redevelopment agencies. In brief, EIFDs can fund streetscape improvements, parking facilities and parking projects, trolleys, and municipal buildings. Staff will come back to Council with more information on EIFD opportunities for the entire city. Attachments: 1.Downtown Parking Conceptual Master Plan 2.Potential Phasing of Underground Structures at the Community Center 3.Project Timelines - Table 4.Downtown Core Revitalization Strategy (accepted by Council 2/24/15) 5.Guidelines Reflecting Downtown Core Revitalization Strategy (accepted by Council 2/24/15) 6.Planning Commission Staff Report - May 13th, 2015 Respectfully Submitted by: Shelli Margolin-Mayer, Economic Development Officer Pam Townsend, Senior Planner Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 6/5/2015Page 7 of 7 powered by Legistar™ $$$ $$ $ $ Lot C300 Spaces Lot B Lot A Lot D19 Spaces 68 Spaces 124 Spaces City Hall withMunicipalPublic Parking Community Center with MunicipalPublic Parking Pier Ave Palm DrValley DrLoma DrThe StrandBayview DrArdmore AveSunset DrHermosa AveMonterey BlvdManhattan Ave14th St 8th Pl 9th St 11th St 10th St 15th St Bard StOak St 13th St 14th Ct Cypress Ave13th Ct 11th CtBeach Dr15th Ct 9th Ct Pier Plaza 10th Ct 11th Pl Bard StCypress AveLoma Dr10th St 13th St 11th St 11th St Oak St 9th St 11th St Beach Dr± Potential Trolley Service Public Parking and Potential Future Public Parking Potentially Associated with New Hotels Hotel Development Sites Potential Hotel Remodel/Develpment Sites $$$$$$$$$$ Lower Cost ParkingMedium Cost ParkingHigh Cost ParkingVery High Cost Parking Downtown Parking Conceptual Master Plan Downtown Parking Conceptual Master Plan Notes Lot A Potentially associated with new hotel mixed-use development (retail, hotel, banquet/meeting space, public amenities, and parking for these uses -116 spaces may remain public parking) Lot B Potentially associated with new hotel development 30 spaces to remain public parking (automated valet parking structure) Lot C Current Municipal Public Lot Lot D Current Municipal Public Lot Potential under grounding 1 story & 2 above ground (candidate for automated valet parking) Hermosa Ave. Hermosa Ave general streetscape improvements: 2 lanes, diagonal parking, widen sidewalks, streetscape furnishing City Hall Potential to rebuild large civic center on top of new 3 story underground public parking facility/facilities Community Center Potential to build 3 or 4 stories underground public parking facilities and replace tennis courts, etc. on top of parking facilities Phase 1 Phase 2 Phase 2APier Ave Ardmore Ave11th Pl ± Potential Phasing of Underground Parking Structure at Community Center Downtown Core Revitalization Strategy Implementation Project Timelines – Table Component FY14/15 FY15/16 Sept- Dec Jan-Jun Jul-June 1. Hermosa Ave Improvements Prep for Commission review Commissions/Council review Implementation 2. Pier Plaza/Beach Improvements Prep for Commission review Commission /Council review Implementation 3. Parking Structure Lot A If the Council grants consent to developer to use Lot A then a proactive study is immaterial. Consolidated downtown parking generally If Council agrees to move forward with consolidated parking at a future date, then staff would return with more information, once the strategy has been accepted by the Planning Commission and Public Works Commission. 4.Land Use and Zoning Prep for Commission review Commission/Council review 5. Catalyst Projects Zoning amendments may address certain aspects of catalyst projects HERMOSA BEACH Downtown Core Revitalization Strategy Prepared for the City of Hermosa Beach by ROMA Design Group and Economic & Planning Systems JANUARY 2014 HERMOSA BEACH Downtown Core Revitalization Strategy Prepared for the City of Hermosa Beach by ROMA Design Group and Economic & Planning Systems JANUARY 2014 Table of Contents Introduction .....................................................................................................1 The Downtown Core .....................................................................................3 Commercial Tenanting Strategy ................................................................7 Hermosa Avenue Streetscape Improvements ....................................10 Pier Plaza and The Strand Improvements .............................................12 Hotel Development Strategy ...................................................................16 Parking Strategy ............................................................................................23 Overview of South Bay Cities DOWNTOWN CORE REVITALIZATION STRATEGY 1 Introduction Hermosa Beach is one of three beach cities in the South Bay and together with Redondo Beach and Manhattan Beach, repre- sents a resource of great value within the larger Los Angeles region. Established as independent municipalities more than one hundred years ago, they were originally resort and recre- ational settings, somewhat removed from the economic life of the land-centric city of Los Angeles to the north and east. Once only accessible by trolley and rail to the rest of the region, these cities are now very well connected to the metropolitan area and have become even more attractive places for residents. At the same time, they also serve as a regional open space and recre- ational resource for the metropolitan area and therefore have to contend with the surges of population on weekends and during the summer months. Historic census information reveals continu- ously upward trends in household income, educational levels, home ownership and land value. Upgrades and improvements to the building stock, which was built for shorter-term summer stays, have been undertaken. As the region has continued to grow and expand, the beach cities have become increasingly valuable places to live, work and play. Hermosa Beach has many features in common with Manhattan Beach to the north and Redondo Beach to the south, and is closely linked to these communities by the continuity of the public beach, the Strand along the beach and the Greenbelt. But, it is also a very distinctive place with its own issues, opportunities and chal- lenges. Hermosa Beach is the smallest of the beach communities and it is also the one that is geographically most focused on the coast. It is also more of a bedroom community, with greater out- commuting of residents to work and a smaller daytime popula- tion. At the same time, historic economic data indicates resiliency in the real estate market and generally the market potential is good for a variety of different uses, particularly with the effects of the Great Recession waning. Hermosa Beach has an attractive, small town character and a fine- grain urban fabric generally comprised of small lots and build- ings. The urban pattern is oriented to the beach and the pier, connected by the Strand and the Greenbelt and punctuated by other parks and open spaces. As the City continues to change and evolve over time, and as growth occurs, there is an ongoing concern over the surges in population and the generally nega- tive social behavior that occurs within the Pier Plaza area. These are important concerns, which may be best addressed by posi- tive changes aimed at making upgrades and investments that will attract economic enterprises and activities that will ultimately overshadow the negative aspects. 2 CITY OF HERMOSA BEACH • JANUARY 2014 P A C I F I C C O A S T H I G H W A Y H E R M O S A A V E N U E PIER PLAZAPIER AVENUECLARK FIELD CORPYARDHERMOSAVALLEYELEMENTARY COMMUNITYCENTER CIVIC CENTER DOWNTOWN CORE Downtown Context DOWNTOWN CORE REVITALIZATION STRATEGY 3 Over the past several months, ROMA Design Group has been working with Economic & Planning Systems (EPS), economic consultants, and the City of Hermosa Beach in developing strate- gies for the economic development of the Downtown and Civic Center areas. In the first phase of the work effort, options related to the leveraging of City-owned property were identified and evaluated. Based on direction from the City Council, the Phase 2 effort has focused within the Downtown Core. The purpose of this report is to summarize the findings of the Phase 2 work effort. The Downtown Core The Downtown Core encompasses the rectangle between 10th and 14th Streets and between the Strand and Palm Drive and is focused on Hermosa Avenue and Pier Plaza. It is part of the downtown district, which extends north to 15th Street, south to 8th Street and east along Pier Avenue to Valley Boulevard. While the upper Pier Avenue has an important relationship to the Downtown Core, it has already been the subject of a successful revitalization effort and is not the primary focus of the strategies described herein. The Downtown Core is the oldest part of Hermosa Beach, which was originally platted in the early 1900’s. Today, it has many of the characteristics of an older downtown, with buildings on relatively small parcels that have incrementally developed over time. Some of the most notable older structures were built with clear civic intent and stature, attaining heights of 40 to 60 feet. Historically, these taller buildings with large windows and high floor-to-ceiling ground floor spaces were located immediately adjacent to the sidewalk. Commercial uses were built to support the recreational nature of the beach community as well as to serve the small permanent and seasonal residential population. Landmark build- ings reflect the early identity of Hermosa Beach, including the Biltmore Hotel (now demolished), the Bijou Theater and the Bank of America and a number of mixed-use buildings with ground floor shops with upper floor office and residential uses. As the population increased, particularly after World War II, and as the pattern of shopping shifted to larger shopping centers, the nature of the downtown also underwent significant changes. Within the center of downtown at the foot of Pier Avenue, bars began to occupy buildings as commercial uses declined and relo- cated elsewhere. Now, it is important to create an environment that nurtures the increasingly stable, diverse and family-oriented population. Investing in improvements to the public realm is one of the first steps that can be made, and will signal the City’s commitment to the area. Subsequent important steps will be to better manage parking and encourage a greater variety of busi- nesses, including fine dining establishments, high quality hotels and upper floor offices that reflect the changing nature of the population and contribute to the overall downtown environment 4 CITY OF HERMOSA BEACH • JANUARY 2014 The Lighthouse, featuring jazz on Pier Plaza, the landmark Biltmore Hotel and the Bijou Theater, made distinctive contributions to the identity and activity of Hermosa Beach. After WWII the downtown underwent significant changes and now it is poised to change in a fresh new way. DOWNTOWN CORE REVITALIZATION STRATEGY 5 and quality of life in the city. In the future, downtown Hermosa Beach should become a place that appeals to a wide diversity of people – the surfer, the creative entrepreneur, the high tech busi- nessman and the young family with children. It should be a place that allows a diversity of groups to mutually co-exist - not a place that is dominated by one group at the expense of another. The downtown district is the heart of Hermosa Beach and should be enhanced so that it becomes, to an even greater extent than today, the focus of social life in the city. The betterment of the downtown will reflect positively on the quality of life in the com- munity as a whole. In 2010, the City invested in improvements to upper Pier Avenue that have already had significant benefits on the character and quality of that street. This report addresses what further actions should be taken to nurture positive change. As Hermosa Beach has matured as a community, the downtown has evolved as well. Still, the downtown businesses do not serve a broad cross-section of the population and provide less in the way of diverse retail and fine dining than would be expected, given the demographics of the community and the high quality assets of the area. If we look at the downtown district in its entirety, and the core area more specifically, there is a significant amount of land that is now vacant, used for parking or is underutilized. Positive Pier Avenue Improvements redevelopment of these areas will help to enhance the quality of life in the city. Critical to the transformation of the area is achieving the appropriate mix of uses and quality of development that makes Hermosa Beach a more sustainable and livable commu- nity. From a land use point of view, there are certain types of uses that can contribute to a more sociable, publicly-spirited place and a more economically viable district. Within the downtown as a whole as well as within the core, there is a need to increase the day-time population to add life and vitality that goes beyond the typical recreationally oriented uses that have been historically attracted to the beach setting of 6 CITY OF HERMOSA BEACH • JANUARY 2014 A diverse family-friendly downtown environment Hermosa Beach. Office development, whether on upper floors or in stand-alone buildings, is an important activity that can build economic support for local-serving retail and quality dining estab- lishments. Recent office development that caters to businesses in knowledge work fields, such as finance, real estate and infor- mation, has occurred within the city primarily within downtown along Pier Avenue. This reflects a larger trend in which knowl- edge workers are taking advantage of the flexibility afforded by communications systems for work closer to their homes and in areas offering a high quality of life. Hotel development can also help to improve the vitality and economic viability of the Downtown Core by providing for over- night stay and longer visitation. There is strong market potential for hotel development on beachfront locations which are limited within Los Angeles County. Hermosa Beach is exceptionally well positioned for upscale hotel facilities on beachfront locations within the Downtown Core. In addition, if new hotel develop- ment includes an ample lobby, restaurant, spa, and other ameni- ties, it will help to create a more sociable and attractive destina- tion that will enhance its image and identity and contribute to its sense of security. Furthermore, high quality hotel development will, as with additional office uses, also provide greater market support for quality retail and restaurant establishments. DOWNTOWN CORE REVITALIZATION STRATEGY 7 The encouragement of office and hotel uses cannot come at the expense of creating a pedestrian oriented people place with active ground level uses on key corridors and adjacent to impor- tant public spaces. In addition, creating a more active, people- oriented place must also be pursued in conjunction with quality development that respects the scale and unique character of Hermosa Beach. To realize the potential of the Downtown Core will require the pro-active pursuit of appropriate infill develop- ment as well as public-private partnerships, implementation of public parking and streetscape improvements as well as some modifications to existing zoning. Commercial Tenanting Strategy Within the Downtown Core, the prime commercial tenanting opportunities are located along Hermosa Avenue, adjacent to Pier Plaza and on the Strand. Strategic public investment and successful development of catalyst sites in these three areas – Pier Plaza, Hermosa Avenue and the Strand frontage – could dramatically enhance the appeal, sociability and security of the Downtown Core and help transform it into a vibrant center for Hermosa businesses. Today, the quality and diversity of many existing retail establish- ments is not on par with expectations of residents or potential visi- tors from other Beach Cities. For example, the current retail tenant Examples of mixed-use buildings with office above retail 8 CITY OF HERMOSA BEACH • JANUARY 2014 mix along Pier Avenue and Hermosa Avenue appears to be over- represented in the health and beauty sector - uses more typical of a neighborhood center than a retail shopping district - and are under-represented in the apparel sector, where the City exhibits significant retail leakage. As previously discussed, uses that increase the day-time population and longer stay visitation will contribute to the market support for retail development. Streetscape improve- ments and public parking can also help to enhance the appeal, convenience and attractiveness of the area. In addition, zoning modifications that eliminate on-site parking requirements will help to create greater continuity and pedestrian interest. Creating a more distinctive and well-defined retail district will help to market the area as a destination and, at the same time, attract better quality shops and restaurants. Improvements to the public realm are key to the enhancement of the image and iden- tity of the Downtown Core as a retail destination. Widened side- walks and public plazas that create space for cafes and outdoor dining can also attract additional patrons. Activities that spill out and populate the public spaces communicate that this place is worth visiting - seeing people brings people. In addition, the provision of convenient on-street parking makes retail shopping appear more accessible and attractive. Furthermore, the current ever-increasing trend towards bicycling for both recreation and work trips needs to be recognized by the provision of convenient bicycle parking as well. Examples of active ground level uses DOWNTOWN CORE REVITALIZATION STRATEGY 9P I E R P L A Z A1 3 T H S T R E E T1 1 T H S T R E E T1 0 T H S T R E E T1 4 T H S T R E E T1 4 T H C O U R T1 1 T H C O U R T1 0 T H C O U R T1 5 T H C O U R T H E R M O S A A V E N U E P A L M D R I V E M A N H A T T A N A V E N U E T H E S T R A N D Ground Level Retail and Dining Opportunities The Downtown Core is an ideal location for active ground floor uses, including retail shops, restaurants, cafes, juice bars, health clubs and a broad range of commercial establishments that will invigorate the downtown. A greater concentration and diversity of quality retail activity should be encouraged, along with a focus on smaller, local cafe and eating establishments, like the Gum Tree and Java Man on Pier Avenue have. Small snack and coffee shops (25 or fewer seats) that contribute to the local character and pedestrian orientation should be permitted within the Downtown Core. Currently, discretionary review is required. Streetscape improvements help economic vitality Lack of active ground level uses along the Strand 10 CITY OF HERMOSA BEACH • JANUARY 2014 Hermosa Avenue Streetscape Improvements Just as Pier Avenue is the gateway to the downtown district from the east, Hermosa Avenue is an important north/south gateway into the City. It traditionally served as the “main street” to the community, providing essential goods and services for the local population. Hermosa Avenue has significant regional continuity but does not present a strong sense of arrival when it traverses the downtown core. Improvements that enhance this sense of arrival and provide a stronger sense of the downtown as a district should be considered. Just as the improvements on Pier Avenue have spurred reinvest- ment and positive changes, improvements to Hermosa Avenue between 10th and 14th Streets can strengthen the economic underpinnings of this part of the Downtown Core. A concept similar to what was successfully undertaken along Pier Avenue was favorably considered by the City Council at a recent study session in reference to the improvements planned for Hermosa Avenue. This concept would involve the provision of wider 20-foot sidewalks on the sunny east side of the street, where sidewalk cafes and outdoor seating should be encouraged, the addition of street trees and intersection and median improvements, as well as diagonal parking. From a traffic point of view, the concept would allow for flexibility in operations. Within the curb-to-curb dimension of the street, there would be one wide 14-foot southbound sharrows lane with 8 feet for parking, for a total of 22 feet. If needed, this area could also accommodate two southbound moving lanes during peak periods. In the other direction, separated by a 10-foot landscaped median or turn lanes, vehicles would travel along two 11-foot northbound lanes. In addition to movement down the street, it is anticipated that the curbside lane would be used for moving in and out of the parking spaces, and the median-side lane would accommodate bicycle movement. On the east side of the street, diagonal parking would be accom- modated within a 16-foot wide area. This could be configured as head-in parking that is preferred by retail shops or as back-in parking that is preferred by bicyclists since it offers greater visi- bility of motorists for moving bicycles. The addition of diagonal parking directly adjacent to the east side of the street would provide 30 additional on-street parking spaces. Tighter traffic lanes would also have the additional benefit of calming traffic within the Downtown Core and allow it to be perceived as a destination rather than a place to move through on the way to somewhere else. Overall, the improvements would provide convenient parking that would help expand the market potential of the street, and in combination with the streetscape improvements and the widening of the sidewalk, would also provide for a more sociable pedestrian-oriented environment. DOWNTOWN CORE REVITALIZATION STRATEGY 11 Hermosa Avenue Streetscape Concept14TH STREET14TH CT13TH ST13TH CT11TH ST11TH CT10TH STREETPIERPLAZAPIER AVENUE20’ SIDEWALK 16’ PARKING 11’ 100’RIGHT OF WAY 11’10’ 12’ 10’ P 10’ SW Hermosa Avenue today 12 CITY OF HERMOSA BEACH • JANUARY 2014 Pier Plaza and the Strand Improvements The pedestrianization of Pier Plaza and the addition of Canary Island Palms undertaken in 1998 was a good first step towards reclaiming this important space within the community. Today, it is a unique resource within the City and South Bay, offering a place for people gathering right at the threshold to the Pier, the Strand and the beach. However, when it was redesigned, it was still envisioned for vehicular movement and therefore the scale and organization of the street works well for special events and when there are crowds of people using the space. The events that are planned for Pier Plaza should continue and be encouraged fur- ther, promoting activities such as a regular farmer’s market once or twice a week, that bring residents to the area and create a greater sense that the place is not only for visitors but also for residents. At the same time, the space of the plaza needs to be rescaled and made more attractive during times when fewer people are present. It should feel like a comfortable outdoor room that works when it is full of activity and when it is not. Currently the space is 450 feet long and, with a width of 100 feet, seems vacuous. Specific recommendations to benefit the scale and structure of the street would include extending the palm trees all the way to the Strand and adding elements that will make it more attractive, including lighting, landscape and banners. Furthermore, upper story uses would not only provide additional activity but provide a better scale to this wide space and addi- tional support for the retail uses along it. A significant objective of many community groups within the City is to make the Downtown Core a stronger destination for resi- dents and families as well as for visitors and nighttime entertain- ment. Since the City controls the beach and Plaza areas west of the Strand, consideration could be given to building a new and exciting children’s playground that would serve a variety of age groups as well as adult fitness areas within view of the playground. Modern Pier Plaza during a special event DOWNTOWN CORE REVITALIZATION STRATEGY 13 0 20’40’ PIER PLAZA STREETSCAPE IMPROVEMENT CONCEPT Strategic Plan for Economic Development Prepared for the City of Hermosa Beach by ROMA Design Group in association with Economic & Planning Systems NOVEMBER 26, 2013THE STRANDHERMOSA AVENUE13’ WIDE POTENTIAL OUTDOOR SEATING ZONE 13’ WIDE POTENTIAL OUTDOOR SEATING ZONE NEW LIGHT FIXTURES IN EXISTING LOCATIONS 8 NEW CANARY ISLAND DATE PALMS 16 EXISTING CANARY ISLAND DATE PALMS NEW LIGHT FIXTURES IN EXISTING LOCATIONS TYPICAL BIKE PARKING AREA TYPICAL BIKE PARKING AREA4 BANNERS 22 NEW JACARANDA TREESPier Plaza Streetscape Improvement Concept Typical weekday at Pier Plaza 100’ RIGHT OF WAY 12’ 6’ 7’ 10’10’ 7’ 6’ 30’ 20’ CLEAR 14 CITY OF HERMOSA BEACH • JANUARY 2014 trends indicate that there is a demand for this kind of combina- tion of recreational activities so that parents can exercise while their children are playing in close proximity and within view. These improvements would not only add to the activities in Pier Plaza to the east but would also enhance public access and enjoyment of the beach and the fishing and strolling activities on the pier. The development of a bicycle facilities for repair, servicing, rental and sales, could be located on the west side of the Strand right at the entrance to the pier. This would reinforce the family biking that already takes place and the diversity and mix of activities that are part of the Pier Plaza area. THE PLAZA WEST OF THE STRAND IS THE PROPOSED LOCATION FORTHE PLAYGROUND AND BIKE KIOSK Public Space Improvement Opportunities Examples of bike repair and rental kiosks DOWNTOWN CORE REVITALIZATION STRATEGY 15 Additional Pier Plaza streetscape improvements, a bike kiosk and playground can help make Pier Plaza a more family friendly place 16 CITY OF HERMOSA BEACH • JANUARY 2014 Hotel Development Strategy The Downtown Core is an attractive location for beachfront hotel development and historically, as well as in recent years, there have been a number of hotel projects of varying size and character and each with its own contributions to the city as a whole. The Biltmore Hotel, which has been demolished but began as the Surf and Sand Beach Club in the 1920’s and later owned by the LA Athletic Club, is reflective of a landmark hotel that set the tone for the City. The six-story, 120-room hotel with its pool, ballroom, and rooftop setting for starlight dancing and daytime sunbathing, was the social center of Hermosa Beach for many years. Today, there continues to be a few hotels in the Downtown Core and more are planned. The Sea Sprite Motel offers the price- conscious visitor a place for a short or long stay. Each of the 40 rooms has some kitchen facilities for family visits and a pool. The more recently constructed 96-room Beach House is in fractional ownership and offers both short and long stays. It has limited common area, does not have a pool, and is not a full service hotel. Also, just beyond the primary core area on Hermosa Avenue, north of 10th Street, a 30-room luxury boutique hotel (the Clash Hotel) has been approved for construction. More recently, a critical site along the Strand and Pier Plaza, has been assembled for a hotel development and is in the process of developing specific proposals. Hotel development is one of the uses allowed in the Coastal Zone, because it is in keeping with the objectives of making the coastal resources more publicly accessible. The City’s Coastal Land Use Plan permits three-story development within a 45-foot height limit, while the City’s zoning regulations limit any develop- ment to 30 feet. However, land values and operating efficiencies within the core area are such that it is difficult to develop the kinds of ground level uses that are desired along with upper level accommodations within the City’s 30 foot height limit. In addi- tion, these height limits not only restrict the height required for successful ground level publicly-oriented uses in a multi-story configuration, but they also restrict rooftop development of P I E R P L A Z A1 3 T H S T R E E T1 1 T H S T R E E T1 0 T H S T R E E T1 4 T H S T R E E T1 4 T H C O U R T1 1 T H C O U R T1 0 T H C O U R T1 5 T H C O U R T H E R M O S A A V E N U E P A L M D R I V E M A N H A T T A N A V E N U E T H E S T R A N D Hotel Opportunity Areas DOWNTOWN CORE REVITALIZATION STRATEGY 17 amenities and facilities which can take advantage of the significant beachfront location. Hennessey’s Tavern is an example of the kind of rooftop amenity space that could be provided in conjunc- tion with a pool deck in a new hotel. A three-story height within 30 feet is a significant constraint to the development of a quality hotel facility, particularly within the constrained parcel sizes in the Downtown Core. The introduction of additional hotel accommodations is a critical component of creating a more diverse and inviting environment for residents and visitors. To achieve the greatest benefit from hotel development within the core, the qualitative aspects of the development of the public spaces, amenities and services that are provided must be addressed. Hotels historically have been a key element in establishing the unique place-making qualities of recreational areas and making them more attractive for the community as a whole. Examples abound of landmark hotels around the country and the world that have successfully achieved these qualities. They have furthered the identity of the unique settings, making them more welcoming for everyone and providing amenities that have furthered the sociability, sense of security and hospitality that contribute to a sense of place. Yosemite is a great natural environment that everyone wants to visit, but the Ahwahnee Hotel adds hospitality, comfort and iden- tity that makes Yosemite an even more special destination. La Jolla, as a tourist destination, similarly benefits from the La Valencia Hotel, through its landmark qualities and the recreational and social activities that are open to the community. A more recent example of striking success is the role the Hotel Healdsburg in northern California played in the emergence of the Healdsburg Town Square as a center of the Wine Country. We are very familiar with the story of the transformative effect that this hotel provided to the community because of our involvement in the master planning of the downtown and the development of the project. To illustrate, when we began the master planning effort, Healdsburg had a Town Plaza that was an identifiable landmark in this small town, but many of the businesses, particularly the bars around the square, catered to a rough-neck crowd that made the area feel unsafe and unwel- coming to many people. There were many elements of the Master Plan that were recom- mended to transform the nature of the area, but most importantly was the development of a hotel directly across from the Town Square on a key publicly-owned parcel. The goals of the hotel proj- ect were to not only provide for the lodging of visitors but to create a special place that would contribute to the life on the square and become a catalyst for further retail and restaurant development. That goal was achieved in the realization of Hotel Healdsburg which 18 CITY OF HERMOSA BEACH • JANUARY 2014 Hotel Healdsburg reinforces the small town scale of its setting and brings attractive buildings and activities that helped transform the downtown DOWNTOWN CORE REVITALIZATION STRATEGY 19 provided an architectural quality that heightened the identity and qualities of the Wine Country setting and provided a high level of amenity and a public spiritedness. The architecture is modern, but brings in and integrates landscaping in a manner that heightens the awareness of the unique qualities of the region. It also extends this approach to the public spaces by the introduction of taste- fully selected local art that emphasizes those qualities. The Hotel Healdsburg and the unique qualities it provided contributed to making Healdsburg a key destination in the Wine Country and the Town Square the sociable heart of the community. More specifically, the Hotel Healdsburg is a 3-story, 45-foot high hotel project that engages effectively the public environment of the street and the Town Square. It provides a massing and integra- tion of public and quasi-public spaces that extend the public realm into the hotel and help to make it a more inviting place. It provides a diversity of active ground level uses, including the Dry Creek Kitchen, a fine dining establishment, with an extensive outdoor seat- ing area along the street frontage, and a number of unique small shops along the streetfront that enhance the identity and experi- ence of place. The project includes a gracious lobby and adjacent casual meeting and gathering spaces as well as other separate meeting and catered dining rooms and a spa, pool area and out- door places for relaxation. Valet parking to a public off-site parking facility is also available from an attractive and well-integrated porte- cochere that does not diminish the urban qualities of the hotel. Hotel Healdsburg amenities 20 CITY OF HERMOSA BEACH • JANUARY 2014 The landmark La Valencia Hotel is well fitted within its retail downtown setting and provides courtyard dining for visitors and residents DOWNTOWN CORE REVITALIZATION STRATEGY 21 Hermosa Beach is a beach community that has many different qualities than Healdsburg and the development of a hotel here needs to build on the unique qualities of this place. At the same time, there is an opportunity to learn from historical precedents and the transformative qualities that benefitted Healdsburg and interpret them more specifically for how they might be applied locally. It is important that an attitude is taken that looks to the achievement of the qualitative dimensions of place-making as of at least equal value to the achievement of the room count and yield of the hotel. There are different categories of hotels, motels and inns in Hermosa Beach at different price points that provide for a diversity of visitors to the area. What could be strength- ened, however, is the creation of a distinctive, higher quality establishment that serves the more discerning visitor and that can also become a focal point for community life. The setting of the Downtown Core right at the beach and adjacent to Pier Plaza is ideal for such an establishment. To develop a quality hotel that achieves the public purpose and the desired positive spin-off effect in the Downtown Core, there are many factors that need to be addressed and overcome. Sites are small and land assembly is not easy. The existing 30-foot height limit makes it very difficult to achieve a tall ground level that graciously provides for the public spaces of the hotel and a rooftop level that would be ideally suited for special amenities and open-air functions. On the roof level, there is a possibility of outdoor dining, a pool deck and spa facilities. Currently, occupied rooftop space is counted as part of the height of the building. If the quality of life in the city and the sociability of the Downtown Core are priorities, and a distinctive hotel that helps to further these objectives is desired, then the City needs to take a pro- active role to help achieve these goals. The prospect of redevel- opment of the Mermaid Hotel site, on the north side of Pier Plaza, has been identified, but a hotel developer and operator cannot achieve all of the public-spirited qualities and spin-off effects that are desired on their own. To achieve these qualities, a public/private partnership is required. This partnership can include assistance in providing valet parking in the existing parking structure and replacing the public park- ing that is lost by constructing a large and efficient new structure on publicly-owned land on the south side of Pier Plaza. This new parking structure will not only replace the parking, but would create opportunities for other hotel and retail ventures on that side of the plaza as well. In addition, the City has land in street rights-of-way and in parking lots that could contribute to the cre- ation of a more appropriately configured site for a quality hotel. Equally important, the City should consider taking the lead in a ballot initiative for voter approval of a height limit change to 45 feet. This increase in height would be aimed at increasing 22 CITY OF HERMOSA BEACH • JANUARY 2014 Without adding to the number of stories, a modest increase in height can help to improve the quality of hotel development in the core DOWNTOWN CORE REVITALIZATION STRATEGY 23 the quality of development, not the intensity nor the number of stories. In addition, it would only be allowed on a limited basis and only for specific projects that clearly demonstrate achieve- ment of public objectives related to qualitative aspects including architectural and site design, publicly oriented activities on the ground floor, rooftop amenities, etc. It is important to note that the new height limit would be consistent with current Coastal Commission policies and generally is in the same area where the existing historic Bijou Building is 45 to 50 feet in height. Parking Strategy The parking strategy is intended to encourage small, indepen- dent, local businesses in the downtown district maintain the smaller scale, and small town character and manage the parking demand fluctuations more effectively, particularly since there are surges during the summer and weekends. There are two primary aspects of the parking strategy – first, the development of a public parking supply that is publicly managed with demand pricing to help control the distribution and availability of parking. The public parking can be provided for by using in-lieu fees and parking charges to help pay for the program and a specific financing plan for these will need to be developed. New public parking structures should be located to help alleviate peak loading on thoroughfares and for better traffic management. In addition to these, convenient, short term on-street parking, like what was developed on Pier Avenue, should be encouraged on Hermosa Avenue, the other major downtown retail street. The second component of the parking strategy involves modifica- tions to the existing zoning requirements for new development in support of a pedestrian-oriented district where the continuity and quality of the pedestrian experience is given a priority and a certain amount of walking to parking facilities is part of the experi- ence of place. Public Facilities and Parking Management The provision of centralized public parking facilities in beach- front locations and downtown districts is an essential component of a successful economic development strategy. The need for additional facilities in Hermosa Beach to both intercept parking demand and provide for a successful Downtown Core has long been identified. This work effort reinforces the importance of meeting these needs and identifies two strategic locations for the placement of these parking facilities. One of these would be located in the Downtown Core on City-owned property south of Pier Plaza. This is envisioned to be similar in size and character to the existing parking structure on the north side of the Plaza. The other would be located in the Community Center and/or Civic Center and would best serve the surge requirements of the recre- ational visitor, the beach-goer and parking for special events, civic and community functions and Pier Avenue retail. It is anticipated 24 CITY OF HERMOSA BEACH • JANUARY 2014 P I E R P L A Z A1 3 T H S T R E E T1 1 T H S T R E E T1 0 T H S T R E E T1 4 T H S T R E E T1 4 T H C O U R T1 1 T H C O U R T1 0 T H C O U R T1 5 T H C O U R T H E R M O S A A V E N U E P A L M D R I V E M A N H A T T A N A V E N U E T H E S T R A N D A Public Parking Garage is needed to the south of Pier Plaza, similar to the one previously built to the north side DOWNTOWN CORE REVITALIZATION STRATEGY 25 that each of these structures might accommodate 300 to 400 parking spaces similar to the existing downtown parking structure. The management of public parking facilities should include demand pricing and efficient parking information and control systems that provide a more effective distribution of the available supply. The Downtown Core parking structures should provide for the required commercial and hotel development on underutilized properties and public parking for existing uses and beach visi- tors. Parking between the existing and the new parking structure within the core could be redistributed between the two facilities, depending on where development is taking place. In addition to the provision of parking structures, it is important to maintain and augment, if possible, parking along the street. This parking should be time-managed and priced to emphasize short- term convenience needs and avoid being absorbed for long-term use and by employees. Street parking communicates a friendly and convenient environment and actually can help to contribute to a pedestrian-oriented environment, especially in combination with streetscape improvements. In Hermosa Beach, the parking and streetscape improvements that were implemented on Pier Avenue demonstrate the positive effect on retail activity that can be achieved. Zoning Modifications Concerns were raised in initial discussions with developers, realtors and property owners about parking requirements in the existing Zoning Code and the deterrent that they impose upon economic vitality and the ability to maintain and further the small scale vil- lage environment of downtown Hermosa Beach. In particular, a significant concern is the effect that these requirements have on the ability to encourage office development on upper floors which would be beneficial in enhancing the daytime population and thus the market support for retail and restaurant functions. Existing parking issues and requirements in Hermosa Beach were reviewed along with those of other selected beach cities. The conclusion of this effort is that there should be a greater emphasis on how parking solutions can help to create a more attractive and accessible pedestrian-oriented district, where a greater mix and intensity of activities are desired while still accommodating beach- going peak visitor demand. The following provides a series of recommended actions that would help to encourage a more pedestrian-oriented district through changes in the Zoning Code. 1. Pier Avenue, from PCH to Hermosa Avenue and including the Community and Civic Center sites and Hermosa Avenue 26 CITY OF HERMOSA BEACH • JANUARY 2014 and the Downtown Core from 10th to 14th Streets should be designated as a pedestrian-oriented district, with special incentives and provisions to minimize the impact of parking and to encourage pedestrian and bicycle mobility. 2. All parking in the pedestrian-oriented district should be provided off-site, rather than the current 25% of parking for buildings with greater than a one floor-to-area ratio (FAR). This is only currently allowed in the SPA-11 zone (Pier Avenue east of Hermosa Avenue to Valley Drive) as an incentive to conserve iconic buildings (Section17.38.550(D)). 3. There should be a reduced amount of required parking for commercial (office and retail) uses within the pedestrian- oriented district. Currently one space per 250 SF is required for these uses, however, the Coastal Commission recently provided for a reduced standard of 1/333 SF, which is more consistent with other beach communities, contingent on a parking evaluation from the City which should be undertaken. 4. There should be a reduced amount of required parking for restaurant uses within the pedestrian-oriented district. Currently, one space per 1,000 SF is required. Cities such as Redondo Beach utilizes a one space per 250 SF for pedestrian-oriented districts, which should be considered in Hermosa Beach as well. 5. Outdoor seating should be encouraged for the creation of a more sociable environment within the pedestrian oriented district. The determination of the appropriate amount of outdoor seating within the public street right-of-way should be based on lot frontage length, maintaining adequate space for pedestrian circulation and considerations related to adjacencies and public safety. These are to be determined on a case-by-case basis at a staff level by the Community Development and Public Works Director. Parking require- ments for outdoor seating should be reduced appropriately to encourage the diversity of types of establishments within the downtown district and in particular within the Downtown Core. For example, in Redondo Beach, no additional parking is required for the first 12 seats of outdoor seating. 6. Parking requirements should be reduced for mixed use build- ings on a single lot that generate parking demand during different times of the day without the need for a discretionary action by the City. There are currently a variety of conditions upon which the amount of parking reduction may be allowed or a fee paid in lieu of providing parking, but a discretionary review is required. 7. Upper level office use should be encouraged to attract a lively downtown environment and provide a greater daytime popu- lation that supports retail and restaurant uses. Parking for DOWNTOWN CORE REVITALIZATION STRATEGY 27 upper level office use should be reduced and located off-site in shared parking and public parking facilities. 8. Vehicular parking requirements should be reduced in exchange for the provision of additional bicycle parking, beyond what is already required by the City. This provision is currently limited to development along Pier Avenue. An equivalence of 4 bicycle spaces for one car space, up to 20% of the parking required for non-residential projects should be considered (which is the provision allowed in the City of Los Angeles and other cities’ zoning codes). This includes the required bicycle parking and any additional bicycle parking. 9. For an existing non-restaurant use that is converting to restau- rant use and whose parking requirements are met in common facilities within the pedestrian-oriented district, a credit against the future parking requirements should be allowed, based upon the zoning requirements of the existing use. Currently this is not allowed for some types of restaurants in the downtown district. 10. Parking requirements for commercial uses within the pedes- trian-oriented district should be allowed in common facili- ties within a quarter mile walking distance. This is currently only allowed for second floor office space as an incentive to conserve iconic buildings in SPA-11 zone along Pier Avenue. 11. Parking requirements for commercial uses within the pedes- trian-oriented district should be based on a net usable building square footage basis, that is, not including for example, bathrooms, hallways, lobbies, service, storage and mechanical rooms. 1 Attachment 1 Principles and Guidelines Reflecting the Downtown Core Revitalization Strategy Goal: Create a sociable, publicly-spirited and economically viable Downtown District that appeals to residents and visitors alike and supports a sustainable and livable community. Principles: 1. Proactive strategy: The Downtown Core, between 10th and 14th Streets and the Strand and Palm Drive focused on Hermosa Avenue and Pier Plaza is the heart of Hermosa Beach, and should be enhanced as the focus of social life in the city. It is part of the Downtown District, bounded by 15th Street, 8th Street, extending along Pier Avenue to Valley Drive. 2. Family-friendly, inviting to all: Create an environment that appeals to the increasingly stable, diverse and family-oriented population and allows them to mutually co-exist, rather than being a place dominated by one group at the expense of another. 3. Daytime district: Increasing the day-time population will add life and vitality that goes beyond the typical recreationally oriented uses that have been historically attracted to the beach setting of Hermosa Beach. 4. Pedestrian oriented: Develop the Downtown Core as a pedestrian and people oriented place with an appropriate mix of uses and quality of development that contributes to a more sociable, publicly-spirited and economically viable place. 5. Eclectic beach character: Improvement of parking facilities and management within the Downtown Core is essential to increasing economic vitality and maintaining the eclectic character of a district with small local businesses anchored by catalyst projects that provide synergy and support. 6. Distinctive retail district: Create a distinctive and well-defined retail district with quality shops and restaurants on the ground floor that are pedestrian oriented, family-friendly and appealing to a wide range of people. 7. Catalyst development: High quality hotel development that respects the scale and unique character of Hermosa Beach and provides significant quality public spaces and benefits can enhance the hospitality, identity and economic viability of the Downtown District. 8. Public investment: Realizing the full potential of the Downtown Core requires investment in the public realm and public-private partnerships which signal the 2 City’s commitment to the area and further city goals, attract economic enterprises, and reduce the negative social behavior that occurs within the Pier Plaza area. Guidelines: Catalyst Hotel Development Strategy (Principles 1- 8) A. High quality hotel development that respects the scale and unique character of Hermosa Beach and provides significant quality public spaces and benefits can enhance the hospitality, identity and economic viability of the Downtown District. B. Catalyst hotel projects provide strategic, transformative and differentiated development:  Rather than representing “business as usual,” catalyst projects define, enhance and communicate the City’s brand, and activate community involvement, participation, and innovation.  Advance community objectives to maintain our small beach town character, enhance economic and environmental sustainability, and support an active healthy lifestyle.  Provide significant and demonstrable positive effects on the social and economic fabric of the Downtown District, including benefits to residents, businesses, and visitors.  Make significant contributions to a livable and sustainable community. C. Catalyst development that provides public benefits may merit public/private partnerships or incentives of various types, including potential use of city assets, consistent with community objectives and values and these guidelines. High priority benefits include:  Includes uses, amenities or spaces that provide the ability for the public to use or derive benefit from the project.  Provides space and design that facilitates a more diverse and balanced mix of uses that appeal to residents as well as visitors.  Provides a unique hotel product with a quality design and experience that strives for a top rating of four-star or higher at all times.  Design and operation that reduces vehicle trips in the Downtown.  Demonstration of environmental leadership through development design 3 and operations consistent with the city’s carbon neutral goal.  Design and operation that expands opportunities for walking, biking and use of alternative modes.  Demonstration of marine protection through development design and operations that result in net zero urban and stormwater runoff. Other priorities include:  Minimizing parking demand through use of shuttles, carsharing, etc.  Improvements or investments that serve as a catalyst to carbon reduction by others. D. Catalyst development design exhibits the following:  Takes a holistic and integrated approach in order to maximize community benefits and compatibility.  Creates high quality public spaces for uses that appeal to a diverse population throughout the day and create synergy with nearby development.  Community spirited improvements or public benefits may be located on property being developed for a hotel or other catalyst project, or on other property that is associated with the comprehensive development project.  Maintains the connectivity of the mobility grid (streets, alleys, pedestrian and bike pathways) so people can continue to easily move from place to place, especially by walking and biking. E. Hotel development with frontage on Pier Plaza, The Strand between 11th and 13th Streets, Hermosa Avenue, or Pier Avenue exhibits the following:  The ground floor frontages on the Pier Plaza, Hermosa Avenue and The Strand between 11th to 13th Streets must provide quality public spaces appeal to a diverse population and create a more sociable and attractive place.  Parking, driveways, walls lacking permeability (without windows and doors inviting to the general public), and ground floor non-retail uses (including uses such as offices and appointment-driven services) must be avoided.  Multi-story buildings should be developed on Pier Plaza to provide additional activity and support for the retail uses, and frame the wide space by improving the sense of scale and security. Development design and 4 architecture should be mindful of the identity and scale of the City and the Downtown District, while celebrating the unique setting.  Provision of high quality public spaces on the ground floor and roof terraces which enhance opportunities to enjoy the unique beachfront setting of Hermosa Beach but do not add stories may merit consideration of increased height. Any increased height is subject to a vote of the people. Commercial Tenanting Strategy (Principles 1-8) A. Increase retail uses along Pier Avenue and Hermosa Avenue that appeal to residents as well as visitors, which are overrepresented by the health and beauty sectors, and underrepresented by the clothing sector. B. Active ground level uses that engage a diverse and pedestrian oriented population must be provided on key corridors (Pier Plaza, Hermosa Avenue, Pier Avenue, and The Strand between 11th to 13th Streets) and adjacent to important public spaces. Parking, driveways, walls lacking permeability, and non-retail uses (including offices and appointment-driven services) are to be avoided. C. Encourage uses that increase the day-time population and longer visitor stays in order to support retail development. D. Office development on upper floors or outside the Downtown Core can build economic support for local-serving retail and quality dining establishments. E. The encouragement of office and hotel uses cannot occur at the expense of creating a pedestrian oriented place. F. Activities that spill out and populate the public spaces create a pedestrian environment and communicate that the Downtown District is a place is worth visiting. G. Maintain the connectivity of the street/alley grid so people can continue to easily move from place to place, especially by walking and biking. H. Maximize uses welcoming and accessible to the general public along beachfront frontages and at locations with coastal views. I. Improvements to the public realm such as streetscape, plaza, and parking management, will enhance the image and identity of the Downtown Core as a pedestrian and retail destination. J. Continue the current trend towards bicycling for both recreation and work trips by the provision of convenient bicycle travel ways and bicycle parking. 5 K. Zoning modifications that facilitate parking in publicly managed consolidated/centralized facilities serving multiple uses rather than providing parking on each site will help maintain the eclectic character of the Downtown District, create a pedestrian oriented place, and improve land use efficiencies. Parking Strategy (Principles 1, 3, 4 5, 8) A. Maintain the eclectic scale and mix of small, independent, local businesses in the Downtown District by managing parking demand fluctuations more effectively. B. Modify zoning requirements in support of a pedestrian-oriented district where the continuity and quality of the pedestrian experience is a priority and a certain amount of walking to parking facilities is part of the experience of place. C. Develop consolidated/centralized public parking facility(ies) within the Downtown Core to serve redevelopment, improve land use efficiency, help alleviate peak loading on thoroughfares, and improve traffic management. Interceptor parking to serve the surge requirements of recreational, special events, and civic and community functions, as well as supporting upper Pier Avenue retail and office parking, should be developed at the Community Center/Civic Center. D. Develop a public parking supply that is publicly managed with demand pricing to help control the distribution and availability of parking. E. Develop convenient, time-managed and priced short term on-street parking on Hermosa Avenue to support retail and convenience needs and avoid being absorbed for long-term use and by employees. F. Modify zoning requirements to provide incentives and provisions to minimize the impact of parking and to encourage pedestrian and bicycle mobility addressing: off-site parking; parking for upper story office, retail, restaurant, mixed use and outdoor seating; and bicycle parking. Hermosa Avenue Streetscape (Principles 1-8) A. Make improvements to create a sense of arrival and definition of the Downtown Core as a unique district. B. Implement a streetscape strategy similar to that along upper Pier Avenue: consider wider sidewalks, street trees, intersection and median improvements, diagonal parking, and also sidewalk cafes. C. Widen sidewalks and public plazas on Hermosa Avenue will create space for cafes and outdoor dining and attract additional patrons. D. Provide convenient on-street parking on Hermosa Avenue to make retail shopping 6 appear more accessible and attractive. Pier Plaza and The Strand (Principles 2, 3, 5, 7, 8) A. Promote and facilitate frequent activities (e.g. weekly) that attract residents and create a greater sense that these spaces are not only for visitors but also for residents. B. Rescale the Plaza to make it more attractive during times when fewer people are present: consider extending palm trees westward, smaller canopy trees, and elements that will make it more inviting such as lighting and banners. C. Encourage multi-story uses along the Plaza to provide additional activity and support for the retail uses, and to frame this wide space by improving the sense of scale and security. D. Create a stronger destination for residents and families: consider playground, fitness area, bicycle facilities, and other family and multi-generational activities and facilities. E. Ground floor frontages on Pier Plaza and The Strand between 11th to 13th Streets, must provide quality public spaces that appeal to a diverse population and create a more sociable and attractive place. Parking, driveways, walls lacking permeability, and non-retail uses (including offices and appointment-driven services) are to be avoided. 2 important steps will be to better manage parking and encourage a greater variety of businesses, including fine dining establishments, high quality hotels and upper floor offices that reflect the changing nature of the population and contribute to the overall downtown environment. Within the downtown as a whole as well as within the core, there is a need to increase the day- time population to add life and vitality that goes beyond the typical recreationally oriented uses that have been historically attracted to the beach setting of Hermosa Beach. Office development, whether on upper floors or in stand-alone buildings, is an important activity that can build economic support for local-serving retail and quality dining establishments. Hermosa Beach is exceptionally well positioned for upscale hotel facilities on beachfront locations within the Downtown Core. In addition, if new hotel development includes an ample lobby, restaurant, spa, and other amenities, it will help to create a more sociable and attractive destination that will enhance its image and identity and contribute to its sense of security. Furthermore, high quality hotel development will, as with additional office uses, also provide greater market support for quality retail and restaurant establishments. The encouragement of office and hotel uses cannot come at the expense of creating a pedestrian oriented people place with active ground level uses on key corridors and adjacent to important public spaces. In addition, creating a more active, people oriented place must also be pursued in conjunction with quality development that respects the scale and unique character of Hermosa Beach. To realize the potential of the Downtown Core will require the pro-active pursuit of appropriate infill development as well as public-private partnerships, implementation of public parking and streetscape improvements as well as some modifications to existing zoning.” The Commercial Tenanting Strategy addresses way to increase daytime activity to support retail uses and is important to consider as part of the Commission’s deliberations on the parking strategy: “Within the Downtown Core, the prime commercial tenanting opportunities are located along Hermosa Avenue, adjacent to Pier Plaza and on the Strand. Strategic public investment and successful development of catalyst sites in these three areas – Pier Plaza, Hermosa Avenue and the Strand frontage – could dramatically enhance the appeal, sociability and security of the Downtown Core and help transform it into a vibrant center for Hermosa businesses. Today, the quality and diversity of many existing retail establishments is not on par with expectations of residents or potential visitors from other Beach Cities. For example, the current retail tenant mix along Pier Avenue and Hermosa Avenue appears to be overrepresented in the health and beauty sector - uses more typical of a neighborhood center than a retail shopping district and are under-represented in the apparel sector, where the City exhibits significant retail leakage. As previously discussed, uses that increase the day-time population and longer stay visitation will contribute to the market support for retail development. Streetscape improvements and public parking can also help to enhance the appeal, convenience and attractiveness of the area. In addition, zoning modifications that eliminate on-site parking requirements will help to create greater continuity and pedestrian interest. 3 Creating a more distinctive and well-defined retail district will help to market the area as a destination and, at the same time, attract better quality shops and restaurants. Improvements to the public realm are key to the enhancement of the image and identity of the Downtown Core as a retail destination. Widened sidewalks and public plazas that create space for cafes and outdoor dining can also attract additional patrons. Activities that spill out and populate the public spaces communicate that this place is worth visiting - seeing people brings people. In addition, the provision of convenient on-street parking makes retail shopping appear more accessible and attractive. Furthermore, the current ever-increasing trend towards bicycling for both recreation and work trips needs to be recognized by the provision of convenient bicycle parking as well.” The Principles accepted by Council reflect the Strategy and as such provide s succinct summary of the future vision of the downtown district: Principles: 1. Proactive strategy: The Downtown Core, between 10th and 14th Streets and the Strand and Palm Drive focused on Hermosa Avenue and Pier Plaza is the heart of Hermosa Beach, and should be enhanced as the focus of social life in the city. It is part of the Downtown District, bounded by 15th Street, 8th Street, extending along Pier Avenue to Valley Drive. 2. Family-friendly, inviting to all: Create an environment that appeals to the increasingly stable, diverse and family-oriented population and allows them to mutually co-exist, rather than being a place dominated by one group at the expense of another. 3. Daytime district: Increasing the day-time population will add life and vitality that goes beyond the typical recreationally oriented uses that have been historically attracted to the beach setting of Hermosa Beach. 4. Pedestrian oriented: Develop the Downtown Core as a pedestrian and people oriented place with an appropriate mix of uses and quality of development that contributes to a more sociable, publicly-spirited and economically viable place. 5. Eclectic beach character: Improvement of parking facilities and management within the Downtown Core is essential to increasing economic vitality and maintaining the eclectic character of a district with small local businesses anchored by catalyst projects that provide synergy and support. 6. Distinctive retail district: Create a distinctive and well-defined retail district with quality shops and restaurants on the ground floor that are pedestrian oriented, family-friendly and appealing to a wide range of people. 7. Catalyst development: High quality hotel development that respects the scale and unique character of Hermosa Beach and provides significant quality public spaces and benefits can enhance the hospitality, identity and economic viability of the Downtown District. 4 8. Public investment: Realizing the full potential of the Downtown Core requires investment in the public realm and public-private partnerships which signal the City’s commitment to the area and further city goals, attract economic enterprises, and reduce the negative social behavior that occurs within the Pier Plaza area. I. PARKING STRATEGY The Strategy states: “The parking strategy is intended to encourage small, independent, local businesses in the downtown district maintain the smaller scale, and small town character and manage the parking demand fluctuations more effectively, particularly since there are surges during the summer and weekends. There are two primary aspects of the parking strategy – first, the development of a public parking supply that is publicly managed with demand pricing to help control the distribution and availability of parking. ... The second component of the parking strategy involves modifications to the existing zoning requirements for new development in support of a pedestrian-oriented district where the continuity and quality of the pedestrian experience is given a priority and a certain amount of walking to parking facilities is part of the experience of place.” The City Council preliminary accepted the attached Downtown Parking Conceptual Master Plan which identifies potential location for additional centralized parking. Zoning Modifications: “Concerns were raised in initial discussions with developers, realtors and property owners about parking requirements in the existing Zoning Code and the deterrent that they impose upon economic vitality and the ability to maintain and further the small scale village environment of downtown Hermosa Beach. In particular, a significant concern is the effect that these requirements have on the ability to encourage office development on upper floors which would be beneficial in enhancing the daytime population and thus the market support for retail and restaurant functions. Existing parking issues and requirements in Hermosa Beach were reviewed along with those of other selected beach cities. The conclusion of this effort is that there should be a greater emphasis on how parking solutions can help to create a more attractive and accessible pedestrian-oriented district, where a greater mix and intensity of activities are desired while still accommodating beach-going peak visitor demand.” The Strategy identified eleven potential code amendments to encourage a more pedestrian-oriented district, which are the focus of Commission discussion. 1. Pier Avenue, from PCH to Hermosa Avenue and including the Community and Civic Center sites and Hermosa Avenue and the Downtown Core from 10th to 14th Streets should be designated as a pedestrian-oriented district, with special incentives and provisions to minimize the impact of parking and to encourage pedestrian and bicycle mobility. Discussion: Specific Plan Area No 11 Zone (SPA-11) adopted for Upper Pier Avenue between Palm and Valley Drives is a “form” and use based code that shapes the physical form of the private realm to create a pedestrian oriented district that requires permeable facades placed close to the 5 sidewalk with parking placed to the rear of buildings. While a wide variety of uses are allowed, the facades provide interest and make walking more pleasant and this form is enduring over the life of the building while uses may change. SPA-11 provides incentives that can be granted by the Commission for “the conservation and continued use and reuse of existing buildings that are iconic of and contribute to the character of upper Pier Avenue as a small-scale, pedestrian-oriented village with diverse architectural character...” (17.38.550(C)). SPA-11 works in concert with the streetscape, which provides wide sidewalks, bulb outs, medians and crossings to slow traffic and make walking safer, and vegetation to create shade and protect against summer heat. The SPA-11 Zone also requires provision of bicycle parking at the rate of one space per 7 employees or 3,000 square feet of new floor area. Please refer to the SPA-11 Zone in full: (http://www.codepublishing.com/CA/HermosaBeach/#!/HermosaBeach17/HermosaBeach1738.ht ml#17.38.510) There has been general community support of the Pier Avenue streetscape and the changes it has brought aesthetically, via reinvestment, and economic activity. There has remained the desire to maintain Upper Pier Avenue east of Monterey as a more resident serving portion of the street. While new buildings such as 200, 205 and 338-400 Pier Avenue were approved for construction prior to adoption of the SPA-11 Zone, they generally comply with the intent of the code. The project at 338-400 Pier Avenue, which is comprised of two large buildings occupied by a single office tenant is less consistent with the intent. While the building with its large windows lies adjacent to the sidewalk, with parking located off Pier Avenue, is generally compatible with the SPA-11 Zone, the use of the building that does not provide attraction to residents or visitors creates a closed feel and lack of interest for the pedestrian. The SPA-11 Zone states that ‘service, office and other non-pedestrian oriented uses are encouraged to locate on the second story. When there is a mix of uses on the ground floor, the pedestrian-oriented uses should be located so that the building facade, window displays and interior are highly visible to pedestrians on the public sidewalk” and the Commission may grant incentives to facilitate this, excluding parking incentives (17.38.550(C)). The building at 200 Pier Avenue was built as an office building but has evolved to provide retail on the ground floor as well, which is compatible with a pedestrian oriented district. Large format markets and department stores exceeding 4000 square feet on the ground floor are not permitted in order to maintain the eclectic, small-scaled nature of the district. When the Commission originally evaluated the SPA-11 Zone there was discussion of whether to restrict the front 15 or 20 feet of the buildings to retail uses but the Commission ultimately did not recommend this restriction. Commission Direction:  Should the SPA-11 Zone be applied to the remainder of the downtown district? Should changes be made to the SPA-11 Zone as applied to Upper Pier Avenue, or as may be applied to the remainder of the downtown district?  Is the mix of uses allowed appropriate? Should any restrictions be considered relating to uses that may be located on the ground floor, such as revenue generating uses? 2. All parking in the pedestrian-oriented district should be allowed to be provided off-site, rather than the current 25% of parking for buildings with greater than a one floor-to-area ratio (FAR). This is only currently allowed in the SPA-11 Zone (Pier Avenue east of Hermosa Avenue to 6 Valley Drive) as an incentive to conserve iconic buildings (Section 17.38.550(D)). Discussion: The suggestion is that all parking should be allowed to be provided offsite (subject to payment of in-lieu fees) rather than requiring some of the parking to be provided onsite for expansion or new buildings with more than one story. This suggestion recognizes that most lots in the downtown area are too small or have limited street access to accommodate on-site parking and is coupled with the general philosophy that common parking facilities should be used such as in new parking structures developed by the City at city hall or at the community center for efficient land use in this concentrated district for economic and social activity. It is possible that developers could identify off-site parking locations for 100% of the required parking even in the absence of construction of new facilities by the City. (see attached Downtown Parking Conceptual Master Plan) Encouraging the development and use of second floor commercial space will provide for more daytime population in the downtown. This, in turn, will greatly support our current and future ground floor retail and restaurants. It will also free up more square footage for sale tax generating uses. The SPA-11 Zone states that, “Building sites where buildings will exceed gross floor area to building site area ratio of one to one (1:1) may pay an in-lieu fee for all the required on-site parking spaces” as an incentive to protection of iconic buildings (17.38.550(D)). Conversely, “Building sites where buildings will exceed a 1:1 gross floor area to building site area ratio shall be required to provide a minimum of twenty-five (25) percent of the required parking on-site.” (17.44.040(E)). Commission Direction:  Should the provision in the SPA-11 Zone be allowed within the downtown core and not be just limited to conservation of iconic buildings?  Should the SPA-11 Zone as applied to Upper Pier Avenue be modified to allow in-lieu fees - generally and encourage second floor office and service uses, rather than just as an incentive to conservation of iconic buildings? 3. There should be a reduced amount of required parking for commercial (office and retail) uses within the pedestrian oriented district. Currently one space per 250 SF is required for these uses, however, the Coastal Commission recently provided for a reduced standard of 1/333 SF, which is more consistent with other beach communities, contingent on a parking evaluation from the City which should be undertaken. This will assist in making the city more competitive in recruiting retail and office uses. Discussion: In 2003 the City amended the zoning code to require one space per 333 SF for office and retail uses (17.44.040). However this provision sunset and a request by the City in 2007 to extend it was not acted upon by the Coastal Commission due to the lack of a parking study being filed as part of the application evaluating potential development, parking adequacy for these uses, and its impact on beach parking. The Beach Use and Parking Study prepared for the General Plan 7 update indicates there is some surplus parking on the street and in the public lots on both weekends and weekdays in the the downtown area. However further analysis of realistic development potential to accompany the environmental document and application to the Coastal Commission will be necessary. Commission Direction:  Should the City pursue an amendment to reduce parking standards for retail and/or office uses within the downtown district?  Should any parking reduction for office include the stipulation that a reduction for office and service use is restricted to upper levels only (not ground floor) consistent with the Strategy? 4. There should be a reduced amount of required parking for restaurant uses within the pedestrian-oriented district. Currently, one space per 100 SF is required. Cities such as Redondo Beach utilize a one space per 250 SF for pedestrian-oriented districts, which should be considered in Hermosa Beach as well. (Also the City currently requires expansions of small restaurants to be subject to a restrictive standard that parking must be provided for the entire restaurant rather than just the expansion, this is discussion in item 9.) Discussion: Snack shops, which are restricted to 25 seats and generally do not attract people as part of single destination trip, are permitted to use the 1/250 SF standard pursuant to a parking plan. If more, or expansions of existing, restaurants are desired in the downtown core or downtown district generally then a parking reduction would facilitate this use. Inquiries of staff indicate there is market demand to develop or expand restaurants. Anecdotal information also indicates that restaurants (particularly on-sale) command more rent. Commission Direction:  Are more, or expansions of existing, restaurants desired in the downtown core or downtown district generally?  If so, should they be facilitated via reduced parking standards, and how great of a reduction should be allowed? ....  Should a reduction be allowed only as an incentive to advance a stated purpose?  Should the allowance for snack shops to have a reduced parking standard (reduced from 1/100 to 1/250) be an administrative decision based on specific criteria, rather than requiring a parking plan? 5. Outdoor seating should be encouraged for the creation of a more sociable environment within the pedestrian oriented district. . Outdoor dining activates the street level and brings vibrancy, a sense of community in a pedestrian district, which all adds to the quality of life. The determination of the appropriate amount of outdoor seating within the public street right-of-way should be based on lot frontage length, maintaining adequate space for pedestrian circulation and considerations related to adjacencies and public safety. These are to be determined on a case-by-case basis at a staff level by the Community Development and Public Works Director. Parking requirements for outdoor seating should be reduced appropriately to encourage the diversity of types of establishments within the downtown district and in particular within the Downtown Core. For 8 example, in Redondo Beach, no additional parking is required for the first 12 seats of outdoor seating. Discussion: The zoning code allows 200 SF of outdoor seating, with a max. of 13 seats (1/15 SF) on the public right-of-way without provision of parking in the Downtown Core. However, restaurants that purport to be snack shops must first apply for a parking plan; once determined to be a snack shop the 200 SF allowance applies. The SPA-11 Zone does not allow outdoor seating on the public right-of-way and on Pier Plaza outdoor dining encroachments are only allowed contingent on compliance with parking requirements. Commission Direction:  Should the prohibition on outdoor dining on Pier Avenue be eliminated and the 200 SF allowance without parking be incorporated?  Should the standards for Pier Plaza encroachments be amended to allow the 200 SF allowance without additional parking?  Should snack shops be allowed a reduced parking standard (from 1/100 to 1/250) as an administrative decision based on specific criteria, rather than requiring a parking plan? Should outdoor dining on the sidewalk for snack shops be counted as part of the 25 maximum number of seats allowed for snack shops? 6. Parking requirements should be reduced for mixed use buildings on a single lot that generate parking demand during different times of the day without the need for a discretionary action by the City. There are currently a variety of conditions upon which the amount of parking reduction may be allowed or a fee paid in lieu of providing parking, but a discretionary review is required. Discussion: As indicated, a parking plan considered by the Planning Commission is required in order to share parking among uses with varying time of day demands (17.44.060, 210; 220). Commission Direction:  Should the review of parking demands for mixed uses be an administrative decision? 7. Upper level office use should be encouraged to attract a lively downtown environment and provide a greater daytime population that supports retail and restaurant uses. Parking for upper level office use should be reduced and located off-site in shared parking and public parking facilities. Discussion: Parking standards for office uses are the same as for retail uses (1/250 SF). Office standards are not related to location within the building. Commission Direction:  Should the City pursue an amendment to reduce parking standards for upper floor office uses within the downtown district?  Should any such reduction require a restriction on office uses on the ground floor such as no future office on the ground floor, or relocation of office that may be located on the ground floor to the upper floor? 9 8. Vehicular parking requirements should be reduced in exchange for the provision of additional bicycle parking, beyond what is already required by the City. This provision is currently limited to development along Pier Avenue. An equivalence of 4 bicycle spaces for one car space, up to 20% of the parking required for non-residential projects should be considered (which is the provision allowed in the City of Los Angeles and other cities’ zoning codes). This includes the required bicycle parking and any additional bicycle parking. Discussion: There is no specific requirement for parking reductions relating to provision of bicycle parking. Provision of bicycle parking may support reduced parking per a parking plan. The SPA-11 Zone requires provision of bicycle parking at the rate of one space per 7 employees or 3,000 square feet of new floor area: “Secure bicycle parking facilities shall be supplied at the rate of one (1) space per seven (7) employees or three thousand (3,000) square feet of floor area. Bicycle facilities installed onsite shall not be placed within required pedestrian ways. Where facilities cannot be accommodated onsite as determined by the community development director or planning commission, the developer shall pay a commensurate fee adopted by the city for the provision and installation of bicycle parking facilities along Pier Avenue in a manner determined by the public works director. ’Secure’ facilities means firmly attached devices in well-lit locations, protected from rain if feasible.” (17.38.550(I)(5)) Commission Direction:  Within the downtown district should parking requirements should be reduced in exchange for the provision of additional bicycle parking?  Is an equivalence of 4 bicycle spaces for one car space, up to 20% of the parking required for non-residential projects be considered?  Could this bicycle parking be provided offsite? 9. For an existing non-restaurant use that is converting to restaurant use and whose parking requirements are met in common facilities within the pedestrian-oriented district, a credit against the future parking requirements should be allowed, based upon the zoning requirements of the existing use. Currently this is not allowed for some types of restaurants in the downtown district. Discussion: The zoning code applicable to the downtown district states, “B. When the use of an existing building or portion thereof is less than five thousand (5,000) square feet gross floor area is changed from a nonrestaurant use to a restaurant use, the parking requirement shall be calculated as set forth in Section 17.44.030, with no parking credit allowed for the existing or prior use.” (17.44.040(B)) This disincentivizes conversion of small retail, service or office uses to restaurants uses. Conversely, a credit is allowed for conversion of non-restaurant uses of 5,000 SF or greater to restaurant uses. Commission Direction:  Is the existing standard consistent with the vision for the downtown district?  Should conversion of small (under 5,000 SF) format uses to restaurant continue to be disincentivized? 10. Parking requirements for commercial uses within the pedestrian-oriented district should be 10 allowed in common facilities within a quarter mile walking distance. This is currently only allowed for second floor office space as an incentive to conserve iconic buildings in SPA-11 zone along Pier Avenue. Discussion: This recognizes the walkability of the downtown district and strategy to consolidate parking. Currently parking must be onsite or located within 300 feet of the use for which it is provided, on property under the same ownership (17.44.090(A)). Since a parking plan only allows consideration of number of spaces, a Variance would be required to consider a longer distance and variance findings can be difficult to make. In the SPA-11 Zone, as an incentive to conserve iconic buildings, “Parking spaces for office uses located on a second story may be located not more than one-quarter (1/4) mile walking distance from the site, and/or on property not under the same ownership as such office use. Where the parking is located off-site, the owners shall file with the community development department a covenant approved by the city and recorded by the office of the Los Angeles County Recorder for the improvement and maintenance of the required parking facilities for the use specified.” 17.38.550(D)) Commission Direction:  Should parking requirements for commercial uses within the downtown district be allowed in common facilities within a quarter mile walking distance? 11. Parking requirements for commercial uses within the pedestrian-oriented district should be based on a net usable building square footage basis, that is, not including for example, bathrooms, hallways, lobbies, service, storage and mechanical rooms.” Discussion: The zoning code bases parking standards on gross floor area. "Gross floor area" means the total area occupied by a building or structure, excepting therefrom only the area of any inner open courts, corridors, open balconies (except when utilized, e.g., restaurant seating or similar usage), and open stairways. Such total area shall be calculated by measuring along the outside dimensions of the exterior surfaces of such building or structure.” (17.44.010). The Commission has allowed some spaces, which are unlikely to be occupied or occupied concurrently with other spaces to be exempted based on a parking plan documenting parking demand. This is essentially the reasoning for basing parking on net usable building square footage. This could complicate future remodels or rearrangement of spaces which then need to supply parking for spaces which were not counted. Commission Direction:  Should parking for commercial uses within the downtown district be based on a net usable building square footage basis, that is, not including for example, bathrooms, hallways, lobbies, service, storage and mechanical rooms? II. COMMERCIAL TENANTING STRATEGY 11 The Commercial Tenanting Strategy cited above addresses way to increase daytime activity to support retail uses. It notes that “the current retail tenant mix along Pier Avenue and Hermosa Avenue appears to be overrepresented in the health and beauty sector - uses more typical of a neighborhood center than a retail shopping district and are under-represented in the apparel sector, where the City exhibits significant retail leakage.” Most of the Guidelines provide direction (bolded) that could be incorporated into the zoning code in the form of use restrictions or design standards to ensure its implementation: A. Increase retail uses along Pier Avenue and Hermosa Avenue that appeal to residents as well as visitors, which are overrepresented by the health and beauty sectors and financial sectors, and underrepresented by the clothing sector. B. Active ground level uses that engage a diverse and pedestrian oriented population must be provided on key corridors (Pier Plaza, Hermosa Avenue, Pier Avenue, and The Strand between 11th to 13th Streets) and adjacent to important public spaces. Parking, driveways, walls lacking permeability, and non-retail uses (including offices and appointment-driven services) are to be avoided. C. Encourage uses that increase the day-time population and longer visitor stays in order to support retail development. D. Office development on upper floors or outside the Downtown Core can build economic support for local-serving retail and quality dining establishments. E. The encouragement of office and hotel uses cannot occur at the expense of creating a pedestrian oriented place. F. Activities that spill out and populate the public spaces create a pedestrian environment and communicate that the Downtown District is a place is worth visiting. G. Maintain and improve the connectivity of the street/alley grid so people can continue to easily move from place to place, especially by walking and biking. H. Maximize uses welcoming and accessible to the general public along beachfront frontages and at locations with coastal views. I. Improvements to the public realm such as streetscape, plaza, and parking management, will enhance the image and identity of the Downtown Core as a pedestrian and retail destination. J. Continue the current trend towards bicycling for both recreation and work trips by 12 the provision of convenient bicycle travel ways and bicycle parking. K. Zoning modifications that facilitate parking in publicly managed consolidated/centralized facilities serving multiple uses rather than providing parking on each site will help maintain the eclectic character of the Downtown District, create a pedestrian oriented place, and improve land use efficiencies. (see attached Downtown Parking Conceptual Master Plan) Commission Direction:  Should a Specific Plan Area code be created for the Downtown Core incorporating relevant Guidelines along with pedestrian-oriented form standards?  Should additional restrictions on the types of uses within this narrowly defined area be imposed?  Should office and service-type uses be required to be located on upper floors? III. HERMOSA AVENUE STREETSCAPE IMPROVEMENTS The proposal for redevelopment of Hermosa Avenue is integrally related to the private realm. This strategy states, “Just as Pier Avenue is the gateway to the downtown district from the east, Hermosa Avenue is an important north/south gateway into the City. It traditionally served as the “main street” to the community, providing essential goods and services for the local population. Hermosa Avenue has significant regional continuity but does not present a strong sense of arrival when it traverses the downtown core. Improvements that enhance this sense of arrival and provide a stronger sense of the downtown as a district should be considered. Just as the improvements on Pier Avenue have spurred reinvestment and positive changes, improvements to Hermosa Avenue between 10th and 14th Streets can strengthen the economic underpinnings of this part of the Downtown Core. A concept similar to what was successfully undertaken along Pier Avenue was favorably considered by the City Council at a recent study session in reference to the improvements planned for Hermosa Avenue. This concept would involve the provision of wider 20-foot sidewalks on the sunny east side of the street, where sidewalk cafes and outdoor seating should be encouraged, the addition of street trees and intersection and median improvements, as well as diagonal parking.” The Guidelines illustrates how the vision for Hermosa Avenue draws upon the success of Pier Avenue. A. Make improvements to create a sense of arrival and definition of the Downtown Core as a unique district. B. Implement a streetscape strategy similar to that along upper Pier Avenue: consider wider sidewalks, street trees, intersection and median improvements, diagonal parking, and also sidewalk cafes. C. Widen sidewalks and public plazas on Hermosa Avenue will create space for cafes and outdoor dining and attract additional patrons. 13 D. Provide convenient on-street parking on Hermosa Avenue to make retail shopping appear more accessible and attractive. Commission Direction:  Consider whether a code similar to the SPA-11 Zone should be created for Hermosa Avenue. IV. PIER PLAZA AND THE STRAND IMPROVEMENTS The Strategy states, “Furthermore, upper story uses would not only provide additional activity but provide a better scale to this wide space and additional support for the retail uses along it.” The Guidelines provide several bolded directives that could be incorporated into the zoning code to facilitate implementation: A. Promote and facilitate frequent activities (e.g. weekly) that attract residents and create a greater sense that these spaces are not only for visitors but also for residents. (see attached Sociable City Plan) B. Rescale the Plaza to make it more attractive during times when fewer people are present: consider extending palm trees westward, smaller canopy trees, and elements that will make it more inviting such as lighting and banners. C. Encourage multi-story uses along the Plaza to provide additional activity and support for the retail uses, and to frame this wide space by improving the sense of scale and security. D. Create a stronger destination for residents and families: consider playground, fitness area, bicycle facilities, and other family and multi-generational activities and facilities. E. Ground floor frontages on Pier Plaza and The Strand between 11th to 13th Streets, must provide quality public spaces that appeal to a diverse population and create a more sociable and attractive place. Parking, driveways, walls lacking permeability, and non-retail uses (including offices and appointment-driven services) are to be avoided. Commission Direction:  Should the relevant provisions be incorporated into the zoning code along with restrictions or incentives to encourage implementation? V. HOTEL DEVELOPMENT STRATEGY The Hotel Development Strategy states, “It is important that an attitude is taken that looks to the achievement of the qualitative dimensions of place-making as of at least equal value to the achievement of the room count and yield of the hotel.” ... “The goals of the [Healdsburg] hotel 14 project were to not only provide for the lodging of visitors but to create a special place that would contribute to the life on the square and become a catalyst for further retail and restaurant development.” The Catalyst Hotel Development Strategy is well defined in the Guideline adopted by Council and provisions relevant to zoning are bolded: A. High quality hotel development that respects the scale and unique character of Hermosa Beach and provides significant quality public spaces and benefits can enhance the hospitality, identity and economic viability of the Downtown District. B. Catalyst hotel projects provide strategic, transformative and differentiated development:  Rather than representing “business as usual,” catalyst projects define, enhance and communicate the City’s brand, and activate community involvement, participation, and innovation.  Advance community objectives to maintain our small beach town character, enhance economic and environmental sustainability, and support an active healthy lifestyle.  Provide significant and demonstrable positive effects on the social and economic fabric of the Downtown District, including benefits to residents, businesses, and visitors.  Make significant contributions to a livable and sustainable community. C. Catalyst development that provides public benefits may merit public/private partnerships or incentives of various types, including potential use of city assets, consistent with community objectives and values and these guidelines. High priority benefits include:  Includes uses, amenities or spaces that provide the ability for the public to use or derive benefit from the project.  Provides space and design that facilitates a more diverse and balanced mix of uses that appeal to residents as well as visitors.  Provides a unique hotel product with a quality design and experience that strives for a top rating of four-star or higher at all times.  Design and operation that reduces vehicle trips in the Downtown. 15  Demonstration of environmental leadership through development design and operations consistent with the city’s carbon neutral goal.  Design and operation that expands opportunities for walking, biking and use of alternative modes.  Demonstration of marine protection through development design and operations that result in net zero urban and stormwater runoff. Other priorities include:  Minimizing parking demand through use of shuttles, carsharing, etc.  Improvements or investments that serve as a catalyst to carbon reduction by others. D. Catalyst development design exhibits the following:  Takes a holistic and integrated approach in order to maximize community benefits and compatibility.  Creates high quality public spaces for uses that appeal to a diverse population throughout the day and create synergy with nearby development.  Community spirited improvements or public benefits may be located on property being developed for a hotel or other catalyst project, or on other property that is associated with the comprehensive development project.  Maintains the connectivity of the mobility grid (streets, alleys, pedestrian and bike pathways) so people can continue to easily move from place to place, especially by walking and biking. E. Hotel development with frontage on Pier Plaza, The Strand between 11th and 13th Streets, Hermosa Avenue, or Pier Avenue exhibits the following:  The ground floor frontages on the Pier Plaza, Hermosa Avenue and The Strand between 11th to 13th Streets must provide quality public spaces appeal to a diverse population and create a more sociable and attractive place.  Parking, driveways, walls lacking permeability (without windows and doors inviting to the general public), and ground floor non-retail uses (including uses such as offices and appointment-driven services) must be avoided. 16  Multi-story buildings should be developed on Pier Plaza to provide additional activity and support for the retail uses, and frame the wide space by improving the sense of scale and security. Development design and architecture should be mindful of the identity and scale of the City and the Downtown District, while celebrating the unique setting.  Provision of high quality public spaces on the ground floor and roof terraces which enhance opportunities to enjoy the unique beachfront setting of Hermosa Beach but do not add stories may merit consideration of increased height. Any increased height is subject to a vote of the people. Commission Direction:  Should the relevant provisions be incorporated into the zoning code along with restrictions or incentives to encourage implementation? Attachments: 1. Zoning code: Specific Plan Area No. 11 Zone (Upper Pier Avenue) 2. Zoning code: Off-Street Parking 3. March 17, 2015 Staff Report/Attachments 4. Sociable City Plan 5. Downtown Parking Concept Plan 17 Attachment 1 SPA No. 11 Zone – UPPER PIER AVENUE 17.38.510 Plan area no. 11 – Authority. This specific plan area is an instrument for implementing the general plan pursuant to Article 8, Chapter 3, of the state Planning and Zoning Law (California Government Code §65450 et seq.). (Ord. 09-1300 §1, May 2009) 17.38.520 Plan area no. 11 – Location and description. The subject area, known as ’Upper Pier Avenue’, is located on the north and south sides of Pier Avenue between Valley Drive and Hermosa Avenue, within the downtown district. The area is designated as ’general commercial’ on the official general plan map. (Ord. 09-1300, §1, May 2009) 17.38.530 Plan area no. 11 – Purpose. The purpose of this specific plan area is to set forth the development requirements, standards and uses for the subject area for the following purposes: A. Create a pedestrian-oriented seaside village center of small-scale commercial establishments that attract and serve local residents, in addition to visitors. B. Protect the history and character of upper Pier Avenue and the city of Hermosa Beach. C. Retain a ’sense of place’ with buildings of diverse character that have been constructed over time, reflecting use of local materials and changes in architecture and culture. The SPA-11 zone is also intended to: A. Strengthen the city’s economic base, and protect small businesses that serve city residents. B. Create a suitable environment for commercial uses and protect the available commercial land resources from change to noncommercial land uses and from the adverse effects of inharmonious uses. C. Minimize the impact of commercial development on adjacent residential districts. D. Ensure that the appearance and effects of commercial building and uses are harmonious with the character of a pedestrian-oriented seaside village. E. Ensure the provision of adequate off-street parking, loading and pedestrian amenities. F. Protect the environment, particularly air and ocean water quality, though green building, reduced greenhouse gas emissions, energy, materials and water conservation, water quality protection, and other sustainable measures. (Ord. 09-1300, §1, May 2009) 18 17.38.540 Plan area no. 11 – Uses. A. General. The following permitted and conditional uses are intended to be consistent with the purposes of this zone. Uses that support pedestrian activity should be prominent, including day time uses that serve the local residents and community. For definitions of the listed uses see Section 17.04.050. “Pedestrian-oriented” means uses and activities that attract, accommodate and are highly visible to people who are walking. Most prominent on the ground floor are retail uses, restaurants or snack bars, and places for people to congregate, with offices, services and business services on second stories." B. Permitted and Conditional Uses. The following use classifications are allowed subject to the requirements of this section and zone. In the following matrix, the letter "P" designates permitted use classifications. The letter "U" designates use classifications permitted by approval of a conditional use permit. Section numbers listed under "see section" reference additional regulations located elsewhere in the zoning ordinance or this code, and others may apply. In addition to the requirements in Chapter 17.40 of this Code, no conditional use shall be approved in this Specific Plan Area unless the planning commission finds the use, and its location and design, are consistent with the purposes of this zone. P = Permitted U = Conditional Use Permit (CUP) required (See Chapter 17.40) USES P or U SECTION Alcohol beverage establishments, on-sale (not including restaurants closing before 10:00 p.m. serving only beer and wine P 17.40.080 Alcohol beverage establishment, off-sale -- (closing at 11:00 p.m. or earlier) P Alcohol beverage establishment, off-sale -- (open between 11:01 p.m. and 2:00 a.m.) U 17.40.090 Aquariums, sales and supplies of marine life P Art/antiques/curios gallery or shop P Audio/video equipment and supplies, sales and repair P Bakery P Banks and financial institutions P Barber/beauty shop P Books/news/magazines, sales P Billiard or pool halls U 17.40.020 Clinic, dental and/or medical P Clothing and wearing apparel sales and service P Copying and printing services and supplies P Clubs, private U 17.40.020 Convention/meeting hall U 17.40.020 Day nursery, preschool U 17.40.110 Dancing, customer P 19 USES P or U SECTION Department stores (maximum 4,000 square feet of floor area on ground floor) P Department stores (more than 4,000 square feet of floor area on ground floor) U 17.40.020 Drugstore P Entertainment, live U 17.40.020 Florist or plant shop O Food and beverage market (maximum 4,000 square feet of floor area on ground floor) P Furniture/furnishings, sales and display P Garden equipment, small, hand-operated, sales and rentals P Gymnasium/health and fitness center P Hardware/home improvement store P Hobby and craft supplies and service P Household appliances/office equipment, sales and repair P Interior decorating studio, store or shop P Florist or plant shop P Large day spa U 17.40.050 Laundry business and dry-cleaning (including self-service) P Locksmith business P Massage therapy business U 17.40.160 Messenger service P Movie theaters U 17.40.020 Museums P Music academy U 17.40.020 Musical instruments, retail and repair P Offices, general P Outdoor uses on private property: dining, merchandise displays, entertainment, or special performances U 17.40.020 Parking lots and /or structures U 17.40.020 Pet grooming, no overnight kennels P Photography (equipment sales and service, film processing, studio) P Printing and or publishing business, commercial P Restaurant (drive-in, drive-thru window, outdoor dining on public right-of-way or outdoor walk-up window on public right-of-way is not allowed) P Restaurant with on-sale alcoholic beverages limited to beer and wine, closing at 10:00 p.m. or earlier P 17.26.060 Restaurant with on-sale alcoholic beverages, limited to restaurants with beer and wine closing later than 10:00 p.m. and restaurants with on-sale general alcoholic beverages U 17.40.080 Reverse vending machine(s) U 17.40.120 Secondhand merchandise, retail sales (pawn shops are prohibited) P Snack bar/snack shop P Sporting/recreational equipment sales, service, and rental P Supermarkets (more than 4,000 square feet of floor area on ground floor) U 17.40.020 20 USES P or U SECTION Ticket broker/sales P Temporary outdoor uses in conjunction with special event: merchandise displays, dining, entertainment, special performances, parades * 12.12.070 Tobacco store P Toy store P Wireless communication facility U 17.40.170 Youth Hostel U 17.40.150 *Allowed by special permit approved by city council on public street/right-of-way pursuant to Section 12.12.070 and allowed on private property in conjunction with such special permit. C. Similar Uses Permitted. Use classifications not listed as permitted or conditional uses shall be prohibited unless the community development director finds the use consistent with the purposes of the zone, and similar to and not more objectionable than other uses listed, as provided in Section 17.26.040. D. Nonconforming Uses and Structures. Nonconforming uses and structures shall be subject to the provisions of Chapter 17.52, except as follows: 1. Residential uses. Residential uses in existence on the effective date of this section codified in this chapter may continue, be remodeled or altered, provided that: a. The number of dwelling units, floor area per unit, and number of bedrooms per unit shall not be increased. b. The continuation or alteration of residential uses located on the second story shall remain limited to the second story, and no new residential uses shall be located on the ground floor. c. Alteration of buildings or portions of buildings used for residential uses shall conform to the standards of this zone, excluding Sections 17.38.550(G) and (H). 2. Nonconforming buildings (excluding residential uses). a. Structural removal. Although not required, removal and replacement of building facades should conform to 17.38.550(G) and (H) to the extent feasible. Modification or alteration of portions of a structure nonconforming to front yard requirements if completely removed shall comply with the requirement to place buildings close to the frontage line unless the community development director, or planning commission when a precise development plan is required determines this requirement to be infeasible. b. Expansion shall conform to the requirements of this zone, including requirements to place buildings close to the frontage line. c. Determination of compliance with this section shall be made by the community development director. 3. Nonconforming use limits other uses. Conforming uses may be established on lots or in buildings with nonconforming uses, unless the community development director or planning commission determines that said uses are incompatible. (Ord. 09-1300, §1, May 2009) 21 17.38.550 Plan area no. 11 – Development standards. A. Purpose. Development shall be sited, designed, operated and maintained in a manner that achieves and is consistent with the development standards and purposes of this zone. Provisions that are encouraged but not required are indicated with words such as should, encouraged, although not required, and if feasible. B. Uses Conducted within Buildings or Enclosures. All uses shall be conducted wholly within a building enclosed on all sides, except for the following: 1. Outdoor uses may be permitted by Conditional Use Permit as stated in Section 17.38.540(B). 2. Uses incidental to a use conducted primarily within a building located on the premises, as determined by the community development director, provided that such incidental uses are not conducted in whole or in part on sidewalks, public ways or within any required yard; and that such incidental uses are of a type which cannot be economically or practically conducted within buildings. Where incidental uses are not conducted within a building, no part of the area devoted to the incidental uses shall be considered as part of the required parking facilities. All uses shall be substantially screened from public visibility, public streets, parks or other public places, and public properties. Uses within the meaning of this section include but are not limited to parking stalls, parking attendant booths, solid waste and other enclosures. 3. Commercial parking lots pursuant to a Conditional Use Permit as stated in Section 17.38.540(B). 4. Temporary outdoor merchandise display or outside dining in conjunction with a temporary outdoor event such as a sidewalk sale authorized by the City Council by special permit as set forth in Section 12.12.070. C. Location of Uses in Buildings - Incentives. Pedestrian-oriented uses are strongly encouraged to locate on the ground floor, fronting Pier Avenue. Service, office and other non-pedestrian oriented uses are encouraged to locate on the second story. When there is a mix of uses on the ground floor, the pedestrian- oriented uses should be located so that the building facade, window displays and interior are highly visible to pedestrians on the public sidewalk. The planning commission may grant incentives to facilitate this pattern of uses pursuant to the procedures in this subsection. 1. Incentives. Deviation from one or more zoning standards that inhibit construction, alteration or expansion of a second story for non-pedestrian oriented uses, or inhibit location of pedestrian-oriented uses on the ground floor may be granted. Deviation from parking requirements shall not be granted as an incentive. 2. Procedures. a. Applications for incentives filed with the community development department shall include a statement of incentives requested, statement of the specific relief that the incentive will provide, and fee adopted by the city. b. Procedures for the conduct of hearings, report of decision and findings, appeals, reapplication upon denial, and revocation shall be in accordance with Section 17.38.560(B). 3. Findings. a. In granting incentives, the planning commission shall make all of the following findings: 22 i. The incentive(s) will facilitate the ability to locate pedestrian-oriented uses on the ground floor and/or offices or other non-pedestrian-oriented uses on the second story. ii. Any deviation from zoning standards is to the minimum extent necessary. iii. The incentives are consistent with the purposes of this zone. iv. The project will not involve demolition or significant alteration of a building that significantly contributes to the character of Upper Pier Avenue as determined by the commission. v. The incentives will not conflict with the provisions of, or be detrimental to, the general plan. vi. The incentives will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and this zone. b. The commission may place conditions on the granting of incentives to ensure that incentives granted will be implemented consistent with the findings of approval and do not otherwise constitute a grant of special privilege. D. Conservation of Existing Buildings - Incentives. The conservation and continued use and reuse of existing buildings that are iconic of and contribute to the character of upper Pier Avenue as a small-scale, pedestrian-oriented village with diverse architectural character is encouraged through the granting of incentives by the Planning Commission. Buildings need not be designated as historic landmarks pursuant to Chapter 17.53 in order to be eligible for the granting of incentives. 1. Incentives. Deviation may be granted from zoning standards, including parking requirements and in-lieu fees, that inhibit ability to retain, restore or reuse an existing building determined by the planning commission to be worthy of retention. Deviation from parking requirements may include: a. A parking credit for the existing or prior use may be granted when a non-restaurant use less than five thousand (5,000) square feet of gross floor area is changed to a restaurant use. b. Parking spaces for office uses located on a second story may be located not more than one-quarter (1/4) mile walking distance from the site, and/or on property not under the same ownership as such office use. Where the parking is located off-site, the owners shall file with the community development department a covenant approved by the city and recorded by the office of the Los Angeles County Recorder for the improvement and maintenance of the required parking facilities for the use specified. c. Building sites where buildings will exceed gross floor area to building site area ratio of one to one (1:1) may pay an in-lieu fee for all the required on-site parking spaces. d. Other parking modifications or reduction of in-lieu parking fees. 2. Procedures. 23 a. Applications for incentives filed with the community development department shall include a statement of incentives requested, statement of the specific relief that the incentive will provide, evidence that the building is worthy of retention, and fee adopted by the city. b. Procedures for the conduct of hearings, report of decision and findings, appeals, reapplication upon denial, and revocation shall be in accordance with Section 17.38.560(B). 3. Findings. a. In granting incentives, the planning commission shall make all of the following findings: i. The conservation of the existing building will contribute to the character of upper Pier Avenue and advance the purposes of this zone set forth in Section 17.38.530, or the building has been designated by a state or federal agency or the city council as a landmark pursuant to Chapter 17.53. ii. The project will not result in significant alteration of the building. "Significant alteration" means changes or modifications that adversely alter, affect or destroy exterior architectural features or the essential elements that make the building worthy of protection. iii. Any deviation from zoning standards is to the minimum extent necessary. iv. The incentives are consistent with the purposes of this zone. v. The incentives will not conflict with the provisions of, or be detrimental to, the general plan. vi. The incentives will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and this zone. b. The commission may place conditions on the granting of incentives to ensure that the project and incentives granted will be implemented consistent with the findings of approval. The granting of parking incentives may be accompanied by reasonable requirements to provide additional pedestrian or other transportation amenities. The future significant alteration of the building shall not be approved by the city unless and until any fees waived or reduced by the city pursuant to this section have been paid. Parking incentives granted shall not be credited toward any future use of the property. An affidavit evidencing such conditions approved by the city and recorded by the office of the Los Angeles County Recorder shall be filed with the community development department. 4. Any waiver or reduction of in-lieu parking or other fees shall be in the form of a recommendation to the city council, which shall make the final determination pursuant to Section 17.38.560(B). E. Height and Number of Stories. Buildings shall be oriented and designed so as to improve the pedestrian environment and not overwhelm the sidewalk. 1. No building shall exceed a maximum height of thirty (30) feet. No building shall exceed two (2) stories. 2. Notwithstanding Section 17.46.010, no roof structure or element shall exceed the thirty (30) foot height limit; provided that antennas, satellite dishes and similar structures, solar energy systems, and single-pole umbrellas and small wind energy systems may exceed the height limit to the extent allowed by Chapter 17.46. 24 3. The ground floor of a two story building, or any one story building, shall not exceed sixteen (16) feet in height, provided that parapets and other screens to conceal rooftop apparatus and roof deck railings may exceed this limit to the minimum extent necessary as determined by the community development director. 4. The second story of buildings on the Pier Avenue frontage shall be set back a minimum of: a. Five (5) feet from the face of the ground floor facade along at least fifty (50) percent of the facade length, provided building height does not exceed twenty-five (25) feet; or b. Ten (10) feet from the face of the ground floor facade along at least fifty (50) percent of the facade length if building height exceeds twenty-five (25) feet. 5. The following shall not be counted as a story: a. Mezzanines that cover less than one-third of the floor area of the story immediately below it. Semi-subterranean floors not exceeding three (3) feet above the adjacent Pier Avenue sidewalk grade at any point within twenty (20) feet of the lot frontage line. This provision is intended to provide flexibility in design to accommodate to changes in slope and shall not supersede the requirements in Subsections 17.38.550(G)(2) and 17.38.550(G)(3) enabling storefront visibility to the pedestrian. F. Building Location and Setback Requirements. 1. Front Yard: Buildings shall be located close to the front lot line along Pier Avenue as follows. Building facades shall be oriented approximately parallel to the Pier Avenue frontage so that the building facade, 25 window displays and interior are highly visible to pedestrians on the public sidewalk as provided in this subsection. Buildings shall not be located more than six (6) feet distant from the Pier Avenue lot frontage along fifty (50) percent of the length of the frontage. The distance from the frontage line may be increased up to twelve (12) feet for elements oriented to the pedestrian, such as prominent entryways, awning and gallery frontages, patios, benches, or planters with approved landscape to shade benches or the sidewalk. 2. Alley Setback. Setbacks shall conform to Section 17.44.130. 3. Rear and Side Yard Setback Adjacent to Residential Zones. a. A minimum rear and/or side yard setback of five (5) feet shall be provided, except where public rights-of- way twenty (20) feet or greater in width separate the site from the residential zone. b. Existing commercial buildings that do not comply with residential setback requirements shall not be considered nonconforming, and may be remodeled or expanded as long as new construction conforms to the requirements of this zone. G. Storefront Frontages. Building facades fronting Pier Avenue shall be designed as storefronts to facilitate pedestrian activity. 1. Facades shall have a prominent entryway easily accessible from the sidewalk and compliant with the Americans With Disabilities Act of 1990, as amended. 26 Although not required, primary entrances are encouraged be situated at the corner of buildings located at street intersections. The first story of buildings located within three (3) feet of the sidewalk shall be a minimum height of twelve (12) feet above sidewalk grade to accommodate awning or gallery frontage types. Projections over the sidewalk shall provide a minimum of eight (8) feet of vertical clearance from the sidewalk, and not extend closer than two (2) feet to the curb, and are subject to approval of an encroachment permit as set forth in Chapter 12.16. Although not required, awning or gallery frontage types are encouraged along Pier Avenue to provide shade and building articulation. The planning commission may require awning frontage types in conjunction with a precise development plan. 2. Doors fronting Pier Avenue shall be at sidewalk grade or at finished grade of the adjacent access way, spaced on average no farther than thirty (30) feet apart, and operable. Openings between buildings with publicly accessible walkways leading to courtyards, businesses or alleys may be counted as doorways when calculating this spacing. Out-swinging doors or windows encroaching on the sidewalk require approval of an encroachment permit as set forth in Chapter 12.16. Door walls and features that open to the sidewalk creating accessibility and visibility to the pedestrian are encouraged but not required. 3. On the ground floor facade fronting Pier Avenue, glazing shall cover at least seventy (70) percent of that area of the facade located between three (3) feet and eight (8) feet in height. "Glazing" means a transparent part of a wall, typically made of glass or plastic. Minor modifications to the location of glazing on the facade may be approved by the community development director to maximize visibility for the pedestrian on the sidewalk. Glazing shall be substantially transparent (e.g., 90% light transmission). Specialty windows may use stained or opaque glass. Buildings located at street corners are encouraged but not required to continue the glazed area on the elevation facing the secondary frontage. 27 H. Other Architectural Standards. The architectural character of Pier Avenue reflects Hermosa Beach’s locale and historic development patterns. Consistent with Hermosa Beach’s eclectic architecture, compatibility and variety, among styles and elements, rather than uniformity, is desirable along Pier Avenue. 1. Building mass, facades and roof lines shall be varied and articulated to reduce the appearance of bulk and mass, and maintain pedestrian scale and visual interest from the public sidewalk. Long, straight facades and blank elevations visible from Pier Avenue are not allowed. Facades and elevations shall be designed with openings and elements that provide relief or articulation, incorporating one or more of the following: cornices, parapets, eaves, awnings or canopies, balconies, entry or patio insets, or similar features. Second stories shall incorporate windows and one or more architectural elements (e.g., balconies, planter boxes, awnings). All exposed elevations, including rear and side elevations, shall be designed for compatibility. 2. Franchise architecture conflicts with local character and is not allowed. "Franchise architecture" means building design that is trademarked, branded or identified with a particular chain, corporation or business. Franchise architecture can be avoided by altering scale, proportion, branded element locations, colors, or incorporating locally recognizable elements. This provision does not prohibit chain, franchise or formula businesses within the specific plan area. Surfaces shall be painted, treated or otherwise exhibit a finished look. Multiple storefronts with a common facade or appearance shall be coordinated, but should not be identical. Synthetic material, such as hardboard siding, shall very closely simulate the natural material and have equal or better weathering characteristics. Exposed concrete block, corrugated metal, chain link fencing, and similar materials that present an unfinished or industrial look shall not be used on any building or wall visible from a public street or alley, except as accents. 28 Although not required, exterior colors should be characteristic of natural building materials and compatible with the surroundings, without being identical. Vandalism resistant finishes are preferred. 3. Elements of poor visual quality (e.g., rooftop mechanical devices, loading, service areas, utilities) shall be sited, designed and screened compatible with site elements to minimize visibility from Pier Avenue. Siting, design and screening shall also minimize visual, noise and air quality effects on nearby residential uses. Flat roofs shall be enclosed by parapets a minimum of forty-two (42) inches high to conceal rooftop apparatus; rooftop elements and structures and their screening shall not exceed the height limit, provided that antennas, satellite dishes and similar structures, solar energy systems, and single-pole umbrellas may exceed the height limit to the extent allowed by Chapter 17.46. 4. Solar orientation. Projects that require a precise development plan shall incorporate the following elements to facilitate passive and active solar energy use unless found by the planning commission to be infeasible or inapplicable due to site conditions: a. Design and orientation to accommodate solar collection systems. b. Install cool roofs. c. Install deciduous vegetation, overhangs, awnings or other features to protect south/west faces and/or improvements to moderate interior temperatures. Although not required, smaller projects should be designed to maximize opportunities for passive and active solar energy use. 5. Accessibility and visitability. a. Design and operation of development shall comply with the Americans With Disabilities Act of 1990 as amended and to the extent practical other requirements that facilitate physical accessibility for all persons, such as universal design principles. b. Projects that require a precise development plan shall incorporate the following elements to maximize accessibility to all persons unless found by the planning commission to be infeasible due to site conditions. A minimum of one (1) zero-step entrance to each building from an accessible path from the sidewalk and handicap parking space to the front, side or rear of each building shall be provided. All ground floor interior doors (including bathrooms) shall provide at least thirty-two (32) inches of clear passage. One half-bath (toilet and sink) shall be provided on the ground floor of each building. Although not required, smaller projects including second story businesses and facilities, should maximize accessibility by incorporating the elements above. I. Circulation and Parking. Development shall be designed to maximize pedestrian circulation among buildings, lots, and the street, coordinated with vehicular circulation. 1. Accessible sidewalks and pedestrian ways a minimum of four (4) feet wide shall be provided connecting buildings with the street, parking and other buildings. Pedestrian ways not illuminated by street lighting fixtures shall be provided with security lighting. 29 Pedestrian ways for projects that require a precise development plan shall be increased to five (5) feet in width unless the planning commission determines the requirement to be infeasible. 2. Parking location. Parking lots and parking structures shall be screened from visibility from Pier Avenue by buildings, and be accessed from alleys or secondary streets where available. New curb cuts on Pier Avenue shall not be allowed. Driveway and garage encroachments on alley or secondary street frontages shall be located at least thirty (30) feet from the Pier Avenue lot frontage line. Encroachments shall not exceed the required minimum width of nine (9) feet per lane. Directional signage to parking not readily visible from Pier Avenue shall be provided not to exceed a total area of four square feet per face and ten feet from grade to the highest portion of the sign body. 3. Surface parking lots. Surface parking visible from Pier Avenue shall be screened by buildings or by streetscreens (landscape that provides screening, fences or walls, or combination thereof) in compliance with the following requirements. a. Streetscreens shall be a minimum height of three (3) feet compatible with building or site elements. Streetscreens exceeding three (3) feet, but not more than four (4) feet in height, may be allowed at the discretion of the Community Development Director or planning commission if at least thirty (30) percent permeable (e.g., openings encompassing 30% of the face) and well articulated to avoid a walled effect, and provided vision clearances set forth in Section 17.46.060 are maintained. b. Streetscreens incorporating planters shall comply with Subsection 17.38.550(L). c. Streetscreens shall have openings no wider than necessary to accommodate required driveways and pedestrian access ways. d. Streetscreens shall be installed in conjunction with development or redevelopment exceeding five hundred (500) square feet of floor area or lot area. 4. Parking structures. Parking structures shall be located to the rear of buildings fronting Pier Avenue. Monotonous, blank or unarticulated elevations, or levels with exposed parking shall not be visible from Pier Avenue, and visual effects to adjacent residential use shall be minimized. Mass, elevations and parked cars may be visually masked through design, stair towers, canopies and other screening techniques. Signs or other warning devices shall be installed at semi-subterranean garage entrances/exits to protect pedestrians. Ventilating systems shall be located and insulated to minimize noise and air quality impacts to surrounding uses, particular residential uses, to the satisfaction of the community development director. 5. Secure bicycle parking facilities shall be supplied at the rate of one (1) space per seven (7) employees or three thousand (3,000) square feet of floor area. Bicycle facilities installed onsite shall not be placed within required pedestrian ways. Where facilities cannot be accommodated onsite as determined by the community development director or planning commission, the developer shall pay a commensurate fee adopted by the city for the provision and installation of bicycle parking facilities along Pier Avenue in a manner determined by the public works director. ’Secure’ facilities means firmly attached devices in well-lit locations, protected from rain if feasible. 6. Off-street parking requirements shall otherwise conform to Chapter 17.44, including those applicable to the downtown district, except as modified by the granting of incentives as set forth in Section 17.38.550(D). J. Pedestrian Amenities. Pedestrian amenities are desirable for the comfort and security of pedestrians. "Pedestrian amenities" mean any facility or feature that facilitates or increases the desirability of walking, 30 such as sidewalks and pedestrian ways, canopies or shade trees, outdoor places for pedestrians to congregate, seating, and security lighting and signage designed at the human scale and oriented to people walking. 1. Pedestrian amenities shall be provided in conjunction with the development or redevelopment exceeding five hundred (500) square feet of floor area or lot area. The planning commission may require additional pedestrian amenities related to the type or intensity of use in conjunction with a precise development plan, conditional use permit or parking plan. 2. One (1) bench visible from and accessible to the sidewalk and one (1) tree with irrigation to shade the sidewalk for each fifty (50) feet of lot frontage on Pier Avenue shall be supplied. Where frontage is less than fifty (50) feet, these amenities are not required. Where the amenities cannot be accommodated onsite as determined by the community development director or planning commission, the developer shall pay a commensurate fee adopted by the city for provision and installation of such amenities along Pier Avenue as determined by the public works director. K. Signs. Signs shall conform to Chapter 17.50, including standards for commercial zones, and specifically the C-2 zone. The following signs are additionally allowed: 1. Wall signs. One (1) wall sign per building may be located on a secondary frontage when there is no entrance/exit open to the public, not to exceed six (6) square feet in area. 2. Projecting signs. One (1) additional nonilluminated projecting, arcade or hanging business identification sign for each business visible to pedestrians is permitted to be hung over or near an entryway. The sign shall not exceed six (6) square feet per face. Signs projecting over the public sidewalk shall be located at least eight (8) feet in height above the sidewalk and not project outward more than three (3) feet, subject to approval of an encroachment permit as set forth in Chapter 12.16. L. Landscaping. Landscaping shall be designed and employed on the site to shade pedestrian ways, conserve energy and reduce urban heat absorption, retain onsite and filter rain water, and enhance the overall project including building design and the streetscape. 1. Existing trees and plants shall be protected, unless determined by the community development director or planning commission to be infeasible. 2. All lot areas not encumbered by buildings, required parking, and amenities required by this zone shall be landscaped and permanently maintained in an attractive manner. Projects for which a precise development plan is required shall provide a minimum of two (2) percent of the lot area in landscape unless a reduced percentage is authorized by the planning commission. In addition, new development and redevelopment of at least five hundred (500) square feet of the surface area of the lot shall in the development area provide landscape, or increase conformance of existing landscape on the lot with this subsection, unless the community development director determines it to be infeasible. 3. Landscape may consist of lot perimeter, streetscreen, parking lot median, and other planters a minimum of four (4) feet wide, installed with live plants, compliant with the requirements of this section. One (1) five-gallon shrub shall be provided for each twenty (20) square feet of landscaped area. Adjacent to residential zones, the required rear and/or side yard area shall be provided with a minimum five (5) foot wide planter strip landscaped with a minimum of one twenty-four (24) inch or fifteen (15) gallon size 31 specimen tree for every ten (10) feet of length, unless an alternative consistent with the provisions of this subsection (L) is approved by the community development director or planning commission. One (1) tree with irrigation to shade the sidewalk for each fifty (50) feet of lot frontage on Pier Avenue, coordinated with street tree spacing, except as provided by subsection (J). 4. Landscape areas shall consist of at least seventy-five (75) percent pervious materials. Planting beds shall be mulched to a depth of two (2) inches or greater, and installed with live plants. Landscaping shall be perpetually maintained, trimmed and void of weeds. Landscape shall not impair vehicular sight distance or encroach on the public right-of-way or pedestrian ways. 5. Landscape shall consist primarily of species tolerant of drought and urban site conditions (e.g., constrained root area, compacted soil, reflected heat, urban runoff) and other localized site elements. No species listed by the Invasive Plant Inventory of the California Invasive Plant Council or equivalent authority accepted by community development director shall be planted. Trees species installed in planters adjacent to the public sidewalk shall be subject to the approval of the public works director. Although not required, native species should be used, deciduous trees should be used to shade southern and western exposures unless equivalent energy conservation features are employed, and species selected should not exceed thirty (30) feet in height at maturity under local site conditions. 6. All landscaped areas shall include an automatic water-conserving irrigation system that adjusts for hydrozones and seasons. Reclaimed water shall be used when available. Plans shall demonstrate a water budget that conforms to the California Department of Water Resources’ ’Model Water Efficient Landscape Ordinance’ or a local ordinance, whichever is stricter. 7. Six (6) inch high raised curbs shall be provided along the perimeter of all landscaped areas except on the side abutting building walls or fences. Modifications for stormwater and urban runoff management (e.g., curb inlets, at-grade planters) may be allowed to specifications approved by the building official or city engineer as applicable. 8. Landscape plans and irrigation systems shall be reviewed and approved by the community development director. 9. The Planning Commission may require additional or alternative measures in conjunction with a precise development plan or conditional use permit to further the purposes of this section and ensure that landscaping is compatible with the scale and design of the streetscape and site elements. M. Lighting. Lighting standards are intended to promote energy conservation and reduce the adverse effects of lighting on health and safety, neighboring uses, nocturnal environments and enjoyment of the nighttime sky, while providing appropriate light for safety and security. 1. Walkways, entrances, pedestrian spaces and parking facilities shall be adequately lit for safety and security. All lighting installations shall be designed and installed to be high-efficiency, fully shielded (full cutoff) and down cast (emitting no light above the horizontal plane of the fixture), and shall have a maximum lamp wattage of two hundred fifty (250) watts incandescent for commercial lighting, and one hundred (100) watts incandescent or twenty-six (26) watts compact fluorescent for residential lighting. Light fixtures shall not create glare, spill beyond the property lines or shine toward the night sky. Yellow spectrum lamps such as sodium lamps are prohibited on private property. Exceptions are allowed to comply 32 with building, fire and city codes, and for signs, shielded landscape lighting not more than three (3) feet above grade, and temporary holiday or similar lighting. 2. Exterior lighting, excluding security lighting not more than three (3) feet above grade, shall be extinguished within one hour after close of business. Automated external lighting controls shall be used to extinguish lights prior to dawn. 3. Light fixtures shall be designed and installed so the light is reflected away from any dwelling unit and the lamp bulb is not directly visible from within any residential unit. 4. Lighting fixtures shall be designed and installed so that lamp bulbs are not directly visible to and do not shine into the eyes of pedestrians on sidewalks or pedestrian areas. 5. The Planning Commission may require more restrictive measures in conjunction with a precise development plan or conditional use permit to further the purposes of this section and ensure that lighting is appropriate to its purpose, and compatible with the scale and design of the streetscape and site elements. N. Stormwater and Urban Runoff Pollution Control. In addition to the stormwater and urban runoff pollution control regulations in Chapter 8.44, development and redevelopment creating or adding at least five hundred (500) square feet of impervious surfaces shall submit and implement a stormwater management plan of best management, good housekeeping, structural and treatment practices that are practical and feasible as determined by the public works director or building official as applicable, considering: 1. Use of pervious surfaces and/or reduction of hardscape (e.g., patios, parking stalls, landscape). 2. Onsite stormwater infiltration (e.g., drains to pervious surfaces, rain barrels, curb inlets to below or at- grade planters, drainage basins, filters). 3. Other measures set forth in Sections 8.44.060 through 8.44.095. O. Applicability of other standards. All other development standards shall be governed by the city zoning ordinance. When uncertainly over applicability of requirements exists, standards applicable to commercial development, and more specifically the C-2 zone, shall apply; provided that the regulations in Chapter 17.26 do not apply unless specifically referenced within the regulations for this zone. P. Green Building Standards. Although the following standards are not required, applicants are encouraged to incorporate other green site and building elements into development projects, to minimize the impact of development and building on the environment, its occupants and the community, such as: 1. Incorporate water quality and stormwater control measures such as those in Chapter 8.44 (Stormwater and Urban Runoff Pollution Control Regulations). 2. Reduce energy use and exceed the minimum energy standards of the California Energy Standards (Title 24, Part 6, California Code of Regulations) by at least fifteen (15) percent. 3. Utilize recycled materials and exceed the demolition/construction recycling requirements by at least fifteen (15) percent. 33 4. Install solar collection and/or solar hot water heating systems. 5. Utilize measures for healthy interior environments (e.g., low volatile organic compound finishes, flooring, cabinetry.) 6. Install grey water recycling systems and/or use of available reclaimed water. 7. Compliance with GreenPoint Rated Checklist (Build-It Green), Leadership in Energy and Environmental Design (LEED), International Code Council (ICC 700) National Green Building Standard, California Green Building Standards Code (California Code of Regulations, Title 24, Part 11) or comparable green rating system measures as determined by the community development director, as applicable or adapted to commercial development. Projects for which a Leadership in Energy and Environmental Design (LEED) ’Certified’ standard, or other equivalent as determined by the community development director, is demonstrated shall be eligible for priority permit processing, promotion on the City’s green building website, use of City-approved green building logo as part of allowed construction signage and in its promotional materials, and other green building incentives which may be adopted by the City and made applicable to this zone. (Ord. 09-1300 §1, May 2009) 17.38.560 Plan area no. 11 – Procedures. A. Procedures Generally. Procedures for conditional use permits, variances, precise development plans, zone changes, amendments, parking plans, signs, development agreements, determination of legality of nonconforming residential buildings, and other entitlements under this title shall apply, except as specified within the regulations for this zone. B. Request for Incentives. Applications requesting incentives provided for in Sections 17.38.550(C) and 17.38.550(D) shall additionally conform to the following procedures: 1. Public comments or hearing. The applicant shall provide notice a minimum of ten (10) days before a hearing on an application for request for incentives. The method of notice shall be established by resolution of the city council. The date of the hearing shall be set by the community development department. The date must be a minimum of ten (10) days and a maximum of forty (40) days from the date the application is accepted as complete. 2. Report of decision and findings--Disposition of report. The planning commission shall issue the report of decision and findings for requests for incentives. The written report shall be issued within forty (40) days of the conclusion of the hearing on the request for incentives application. The report shall include a decision granting, denying or granting with conditions the request for incentives, the required findings, and an indication that the planning commission’s decision shall become final if not appealed within fifteen (15) days of the issuance of the report of decision and findings. A copy of the report of decision and findings shall be sent to the name and address shown on the application. Reports shall be numbered consecutively in the order of filing, and kept as a permanent record. Notwithstanding, the commission’s decision on any request for a reduction in or waiver of in-lieu parking fees or other fees required by the city shall be in the form of a resolution of recommendation to the city council. The council shall conduct a duly noticed public hearing a maximum of forty (40) days following receipt of the resolution from the planning commission, public notice of which shall be given at least ten calendar days prior to said hearing in accordance with requirements established by resolution of the council. 34 The council’s decision shall be final and conclusive. A copy of the report of decision and findings shall be sent to the name and address shown on the application. 3. Appeals--Filing, fees procedure. Appeals of the Planning Commission decision shall be in writing, including the specific areas of disagreement with the planning commission’s decision. Fees for appeals will be established by resolution of the city council. Appeals shall be filed with the city clerk’s office in writing within fifteen (15) days of the planning commission’s issuance of a report of decision and findings. When an appeal is filed, the planning commission shall transmit the record of the case to the city council. The city council shall conduct a public hearing in accordance with Chapter 17.68 (applying the procedures applicable to variances). Such hearing shall be held within forty (40) days of the council’s receipt of the written appeal. The city council shall announce its findings within sixty (60) days of the hearing, unless good cause is found for an extension. The council may incorporate by reference the findings of the planning commission. The council’s action shall be final. Within thirty (30) days of its final decision, the city clerk shall mail notice to the applicant and appellant. A copy of this notice shall be included in the planning commission’s permanent files. 4. Reapplication upon denial. After the denial of a request for incentives has become final, no further application for the same request for incentives shall be filed for the same property for the ensuing six (6) months, unless the project has been redesigned so as to eliminate the planning commission’s or city council’s previous objections to the project. Said redesign will require a new application process. 5. Revocation—Causes—Hearing. Any incentives granted may be revoked by the planning commission for any of the following causes: a. That any term or condition has not been complied with. b. That the property for which the incentives have been granted is used or maintained in violation of any statute, law, regulation or condition of approval. c. That the project or use for which the incentive was granted has not been exercised for at least twelve (12) consecutive months, or has ceased to exist, or has been abandoned. d. That the project for which the incentives were granted has been so exercised as to be detrimental to the public health or safety or so as to constitute a nuisance. A hearing to show cause why the incentives should not be revoked shall be held by the approving body prior to the revocation of any incentives granted. (Ord. 09-1300 §1, May 2009) 35 Attachment 2 Chapter 17.44 OFF-STREET PARKING (EXCERPTS) 17.44.010 Definitions. As used in this chapter: "Gross floor area" means the total area occupied by a building or structure, excepting therefrom only the area of any inner open courts, corridors, open balconies (except when utilized, e.g., restaurant seating or similar usage), and open stairways. Such total area shall be calculated by measuring along the outside dimensions of the exterior surfaces of such building or structure. "Off-street parking" means parking upon private property as accessory to other permitted land uses, and shall not include publicly owned parking. 17.44.030 Off-street parking--Commercial and business uses. Required Number of Spaces by Use. The aggregate amount of off-street automobile parking spaces provided for various uses shall not be less than the following: E. Commercial Uses. 1. Bars and cocktail lounges: one (1) space for each eighty (80) square feet of gross floor area. 2. Beauty colleges: one (1) space for each one hundred (100) square feet of gross floor area. 3. Business schools and trade schools: one (1) space for each one hundred (100) square feet of gross floor area. 4. Furniture and hardware stores: one (1) space for each two hundred fifty (250) square feet of gross floor area. 5. Offices, general: one (1) space for each two hundred fifty (250) square feet of gross floor area. 6. Offices, Governmental and Public Utilities. Government offices that generate high levels of contact with the public, or have high numbers of employees, including but not limited to employment offices, public social services offices, Department of Motor Vehicle offices: one (1) space per seventy-five (75) square feet of gross floor area for the first twenty-thousand (20,000) square feet of the building(s), plus one (1) space per two hundred fifty (250) square feet of gross floor area for the remaining floor area. 7. Offices, medical: five (5) spaces for each one thousand (1,000) square feet of gross floor area. 8. Restaurants (other than walk-up, drive-through and drive-in: one (1) space for each one hundred (100) square feet of gross floor area. 36 9. Restaurants, walk-up, drive-through and drive-in without adequate dining room facilities: one (1) space for each fifty (50) square feet of gross floor area, but not less than ten (10) spaces. 10. Retail, general retail commercial uses: one (1) space for each two hundred fifty (250) square feet of gross floor area. H. Hotels: one (1) space for each unit for the first fifty (50) units; one (1) space per one (1) and one-half (1/2) units after fifty (50); and one (1) space per two (2) units after one hundred (100) units. Hotels with facilities including restaurants, banquet rooms, conference rooms, commercial retail uses and similar activities shall provide parking for the various uses as computed separately in accordance with the provisions of this chapter. O. Snack Bar/Snack Shop. The parking requirements for a snack bar and/or snack shop shall be the same as that for a restaurant, unless it can be shown to the planning commission that the characteristics of the building, its location, size and other mitigating factors such as limited service area relative to gross floor area and limited seating capacity result in less parking demand than for a restaurant use. In these cases the planning commission may consider the retail commercial requirement for parking, pursuant to Section 17.44.210, Parking plans. 17.44.040 Parking requirements for the downtown district. The following requirements apply within the boundary of the downtown district, as defined by the map incorporated by this reference: A. The amount of parking shall be calculated for each particular use as set forth in Section 17.44.030 with the exception of the following: 1. Retail, general retail commercial uses: one (1) space for each 250 square feet of gross floor area (or three (3) spaces per one thousand (1,000) square feet). Staff Note: this is the correct standard. 2. Offices, general: one (1) space for each 250 square feet of gross floor area (or three (3) spaces per one thousand (1,000) square feet). Staff Note: this is the correct standard. 3. Office, medical: one (1) space for each 250 square feet of gross floor area (or three (3) spaces per one thousand (1,000) square feet). Staff Note: this is the correct standard. B. When the use of an existing building or portion thereof is less than five thousand (5,000) square feet gross floor area is changed from a nonrestaurant use to a restaurant use, the parking requirement shall be calculated as set forth in Section 17.44.030, with no parking credit allowed for the existing or prior use. C. When the use of an existing building or a portion thereof is changed to a more intensive use with a higher parking demand (with the exception of restaurants less than five thousand (5,000) square feet gross floor area as noted above), the requirement for additional parking shall be calculated as the difference between the required parking as stated in this chapter for that particular use as compared to a base requirement of one (1) space per two hundred fifty (250) square feet gross floor area. D. For expansions to existing buildings legally nonconforming to parking requirements, parking requirements shall only be applied to the amount of expansion. 37 E. Parking In-Lieu Fees. When the city council provides for contributions to an improvement fund for a vehicle parking district in lieu of parking spaces so required, said in-lieu fee contributions shall be considered to satisfy the requirements of this chapter. 1. The director of the community development department shall be responsible for the calculations required under this chapter and shall calculate and collect the in-lieu contribution. 2. The following allowances through in-lieu fee contributions for parking may be allowed with a parking plan as approved by the planning commission and as prescribed in Section 17.44.210: a. Building sites with a ratio of building floor area to building site of 1:1 or less may pay an "in-lieu" fee for all required spaces. b. Building sites where buildings will exceed a 1:1 gross floor area to building site area ratio shall be required to provide a minimum of twenty-five (25) percent of the required parking on-site. 17.44.060 Common parking facilities. Common parking facilities may be provided to wholly or partially satisfy the off-street parking requirements of two (2) or more uses when one (1) or more of such uses will only infrequently generate use of such parking area at times when it will ordinarily be needed by the patrons or employees of the other use(s). A. Up to one hundred (100) percent of the parking requirements of governmental and public auditorium uses may be allowed to be provided in such multiple-use parking areas. Up to eighty (80) percent of the parking requirements of other uses may be allowed to be provided in such multiple-use parking areas. B. The following factors shall be considered in determining the proportionate part of the required parking for such use(s): 1. Whether the affected requirements are those of permanent buildings, or those of mere occupancies; 2. The peak as well as normal days and hours of operation of such buildings and of the structures and occupancies with which it is proposed to share multiple-use parking areas; 3. Whether the proposed multiple-use parking area is normally or frequently used by the patrons, customers or employees of other buildings or occupancies which will share such parking area at the same time as the applicant’s patrons, customers and employees will normally or frequently utilize such parking area; 4. The certainty that the multiple-use parking area(s) will be available for satisfying such parking requirements to the extent approved, and the permanency of such availability; 5. The proximity and accessibility of the multiple-use parking area(s). C. A parking plan approval by the planning commission for multiple-use parking area(s) shall be so conditioned as to reasonably ensure the satisfaction of the appropriate parking requirements during the continued existence of the buildings or occupancies involved. 38 D. If the common parking area(s) and the building sites to be served are subject to more than one ownership, permanent improvement and maintenance of such parking facilities must be provided in one of the following manners: 1. By covenant or contract among all such property owners; and duly recording an appropriate covenant running with the land; 2. By the creation of special districts and imposing of special assessments in any of the procedures prescribed by state law; 3. By utilizing the authority vested in a parking authority as provided by state law; 4. By dedicating such common parking area to the city for parking purposes subject to the acceptance of such dedication by the city council. 17.44.070 Off-street parking--Mixed uses. Whenever there is a combination of two or more distinct uses on one lot or building site, the total number of parking spaces required to be provided for such lot or building site shall be not less than the sum total of the parking spaces required for each of the distinct uses. No off-street parking facilities provided for one use shall be deemed to provide parking facilities for any other use except as otherwise specified within this chapter. 17.44.090 Off-street parking location. All off-street automobile parking facilities shall be located as follows: A. All required parking spaces shall be located on the same lot or building site as the use for which such spaces are provided; provided however, that such parking spaces provided for commercial, business, industrial or warehouse uses may be located on a different lot or lots, all of which are less than three hundred (300) feet distance from the use for which it is provided, and such lot or lots are under common ownership with the lot or building site for which such spaces are provided. Where the buildings are situated on one lot and the parking is situated on another lot, the owner shall file with the Community Development Department an affidavit recorded by the office of the Los Angeles County Recorder that these lots are held in common ownership for the use specified. Such distance shall be measured along a straight line drawn between the nearest point on the premises devoted to the use served by such parking facilities and the nearest point on the premises providing such parking facilities. It is further provided that uses located within the boundaries of an established off-street parking district, organized pursuant to action by the City Council, shall be waived by the requirements of this subsection. 17.44.210 Parking plans. A. A parking plan may be approved by the planning commission to allow for a reduction in the number of spaces required. The applicant shall provide the information necessary to show that adequate parking will be provided for customers, clients, visitors and employees or when located in a vehicle parking district, the applicant shall propose an in-lieu fee according to requirements of this chapter. 39 B. Factors such as the following shall be taken into consideration: 1. Van pools; 2. Bicycle and foot traffic; 3. Common parking facilities; 4. Varied work shifts; 5. Valet parking; 6. Unique features of the proposed uses; 7. Peak hours of the proposed use as compared with other uses sharing the same parking facilities especially in the case of small restaurants or snack shops in the downtown area or in multitenant buildings; 8. Other methods of reducing parking demand. C. A covenant with the city a party thereto, may be required limiting the use of the property and/or designating the method by which the required parking will be provided at the time that the planning commission determines that inadequate parking exists. D. Fees, application and processing procedures for parking plans shall set forth by resolution of the city council. 17.44.220 Consolidated off-street parking. Subject to approval by the planning commission as prescribed in Section 17.44.210, required parking spaces for various uses may be reduced in number and computed at one space per two hundred fifty (250) square feet of gross floor area when parking is consolidated in retail shopping centers over ten thousand (10,000) square feet in size, or where public parking areas are created to take the place of on-site parking within vehicle parking districts. Sociable City DRAFT Conceptual Implementation Plan Create Downtown Stakeholder Working Group Meet quarterly before each downtown event to discuss issues and strategies 2 Restaurants - 1 Pier Plaza & 1 Hermosa Ave 2 Residents 1 Retail 1 Service Business 1 Hotel City Staff (Econ Dev, PD, PIO, Community Recourses and other departments, as needed) Ambassador Program Public 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 40 o High School Rallies Continue Hospitality Staff Training Hospitality Association • Underage Drinking • Security • Customer Service 41 $$$ $$ $ $ Lot C300 Spaces Lot B Lot A Lot D19 Spaces 68 Spaces 124 Spaces City Hall withMunicipalPublic Parking Community Center with MunicipalPublic Parking Pier Ave Palm DrValley DrLoma DrThe StrandBayview DrArdmore AveSunset DrHermosa AveMonterey BlvdManhattan Ave14th St 8th Pl 9th St 11th St 10th St 15th St Bard StOak St 13th St 14th Ct Cypress Ave13th Ct 11th CtBeach Dr15th Ct 9th Ct Pier Plaza 10th Ct 11th Pl Bard StCypress AveLoma Dr10th St 13th St 11th St 11th St Oak St 9th St 11th St Beach Dr± Potential Trolley Service Public Parking and Potential Future Public Parking Potentially Associated with New Hotels Hotel Development Sites Potential Hotel Remodel/Develpment Sites $$$$$$$$$$ Lower Cost ParkingMedium Cost ParkingHigh Cost ParkingVery High Cost Parking Downtown Parking Conceptual Master Plan 42 Downtown Parking Conceptual Master Plan Notes Lot A Potentially associated with new hotel mixed-use development (retail, hotel, banquet/meeting space, public amenities, and parking for these uses -116 spaces may remain public parking) Lot B Potentially associated with new hotel development 30 spaces to remain public parking (automated valet parking structure) Lot C Current Municipal Public Lot Lot D Current Municipal Public Lot Potential under grounding 1 story & 2 above ground (candidate for automated valet parking) Hermosa Ave. Hermosa Ave general streetscape improvements: 2 lanes, diagonal parking, widen sidewalks, streetscape furnishing City Hall Potential to rebuild large civic center on top of new 3 story underground public parking facility/facilities Community Center Potential to build 3 or 4 stories underground public parking facilities and replace tennis courts, etc. on top of parking facilities 43 Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0507 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 CIP 11-537 SOUTH PARK PHASE I IMPROVEMENTS-PLAYGROUND REMODEL PROJECT UPDATE - CHANGES TO PLAYGROUND (Public Works Director Andrew Brozyna) Recommended Action: It is recommended that the City Council receive and file this report and through the adoption of the budget: 1.Authorize an additional appropriation of $200,000 ($79,353 from the General Fund, $69,611 from the Park/Recreation Facility Tax Fund, and $51,036 from the Equipment Replacement Fund) for the installation of rubberized surfacing at portions of the playground at South Park and to equip the playground with inclusive play equipment. Background: In 2009,the City Council approved the South Park Master Plan which included the 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. 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”. On January 8, 2015, the project was re-advertised for formal competitive bidding, and on March 10, 2015 City Council awarded the construction contact to the lowest bidder, Green Giant Landscape, Inc. for $755,909. Analysis: Construction of the project began on April 20,2015 and is expected to continue until September 2015.The contractor has been performing satisfactorily and has completed approximately 35%of the improvements.The construction operations completed and currently taking place include:clearing and grubbing, site grading, storm drain improvements, construction of concrete sidewalks and walls. Hermosa Beach Printed on 6/5/2015Page 1 of 3 powered by Legistar™ Staff ReportREPORT 15-0507 During construction,the South Park Design Committee (Committee)provided some comments and suggestions to Staff regarding the adequacy of the playground surfacing material and playground equipment.The Committee pointed out that the improvements shown on the Construction Plans do not include the type of playground surfacing or the play equipment for the playground that was selected during the preparation of the City’s South Park Master Plan.The Committee also expressed concerns that the Engineered Wood Fiber shown on the Construction Plans as the surfacing material for the play areas is not universally accessible surfacing to persons of all abilities and age groups, including disabled and elderly. The Committee pointed out that the playground equipment selected for construction in the 2-5 year play area does not accommodate children with disabilities,and that there is no play equipment included in a large portion of the 5-12 year play area. The City’s South Park Master Plan, dated April 2014, proposed rubberized play surface on the 2-5 year play area and on portions of the 5-12 play area. These items were later removed from the plans during the design phase and replaced with Engineered Wood Fiber when the project was value engineered to fall within the project budget. The Master Plan also included inclusive playground equipment in all areas, which was also removed when value engineering the project. Staff has studied the possibility of changing the playground Engineered Wood Fiber back to rubberized surfacing material at the locations originally called out in the Master Plan. The estimated cost for the rubberized surfacing material for the selected areas is approximately $100,000. The credit for the unused Engineered Wood Fiber will be used to offset the cost of the rubberized material. The playground equipment for the 2-5 year old area is recommended to be revised to incorporate inclusive play equipment that can be used by children with disabilities,and additional inclusive playground equipment is recommended to be added to the lower portion of the 5-12 play area as well.The estimated cost for the selected equipment is approximately $100,000.The cost for the equipment takes into account the savings for the original pieces of playground equipment not installed. In order to minimize the cost of adding the rubberized surfacing material and play equipment to the playground, Staff recommends performing the changes now while the project is in construction and not postponing it to a future phase. Postponing the changes will bring the construction cost up due to the need to mobilize again, as well as having access constraints to the playground areas due to the new improvements being in the way. Additionally, costs for any Engineered Wood Fibers installed will be wasted if the material is replaced after construction. Fiscal Implications: The cost to install rubberized surfacing and to install accessible inclusive play equipment at the selected play areas of the park is approximately $200,000. The extra needed funds are available from the General Fund in the amount of $79,353, $69,611 from the Park/Recreation Facility Tax Hermosa Beach Printed on 6/5/2015Page 2 of 3 powered by Legistar™ Staff ReportREPORT 15-0507 Fund, and $51,036 from the Equipment Replacement Fund. The South Park Design Committee will plan fundraising and obtaining donations. Any funds raised by the Committee will be used to purchase additional equipment as well as park benches and other amenities in conformance with the Master Plan. Respectfully Submitted by: Lucho Rodriguez, Project Manager 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 6/5/2015Page 3 of 3 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0489 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 STRATEGIC PLAN ACTION AGENDA QUARTERLY UPDATE (Management Analyst Nico De Anda-Scaia) Recommended Action: That the City Council receive and file the Revised Action Agenda submitted by staff. Background: On April 8th, 2014, the City Council approved the Hermosa Beach Strategic Plan which included an action agenda itemizing the city’s 5-year goals for 2019. Centered on the tenants of a:Commitment to a Safe Community;Financially Sound City Government;High Performing City Providing 1st Class Services;More Livable, Sustainable Beach City; with Enhanced Economic Development Through Revitalized Downtown and Entry Corridors, the action agenda herein outlines policy and management priorities while serving as a status report for ongoing projects. Additionally, a central purpose of this report is to illustrate how the City Council’s 2019 strategic goals are in-line with year 2014/2015 goals and action items identified by staff.This agenda reflects the current status of all projects as of June 1st, 2015. Within the revised Strategic Plan Action Agenda, dark headings denote policy and management priorities identified by council. Below these, a comprehensive list of individual action items are outlined, along with a status report illustrating whether projects are ‘completed’, ‘in-progress’, ‘ongoing’ or have not yet begun [blank]. Important to note, are the ‘revised due dates’ for ongoing projects. Furthermore, revisions in dates may reflect available resources. As this is a living document and a work-in-progress, it would be most-valuable to staff if Council were to focus attention on the Goals in bold. It is the intent of staff to return to council on a quarterly basis with necessary updates and revisions to the action agenda. Attachments: 1. Strategic Plan and Action Agenda Tracking Respectfully Submitted by: Nico De Anda-Scaia, Management Analyst Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 6/4/2015Page 1 of 1 powered by Legistar™ Strategic Plan and Action Agenda Tracking 2019 Timeline Strategic Goal # Action Item Primary Assigned Status Initial Due Date Revised Due Date 1 COMMITMENT TO A SAFE COMMUNITY 1 Public Safety Service and Staffing Study Police/Fire Chiefs Council Decision: Police Temporary Positions Funding (including Crime Analyst)Completed Feb-14 Council Presentation: ICMA Report, Direction on Recommendations, Public Participation Completed Mar-14 Dec-13 Council Decision: Police/Fire Building Design Funding in Capital Improvement Plan In Progress May-14 Jun-15 Council Decision: Police Permanent Positions (3), Fire Permanent Positions Completed May-14 Feb-15 Council Report: Quarterly Ongoing Oct-14 N/A 1 Late Night Action Plan: Update, Direction Police Chief/Com Dev Director Council Presentation: 4th of July Action Plan Overview and Contract, Public Communications Completed Apr-14 Council Decision: Restaurant/Bar (50/50) Definition Completed Aug-14 Planning Commission: Conditional Use Permit Review Completed Sep-14 Dec-14 Final Code Changes: Restaurant/Bar (50/50) Definition Completed Mar-15 Follow Up Reports (beyond the 4th of July)Ongoing N/A 1 Code Enforcement Policy, Service Priority and Actions Police/Fire Chiefs /Com Dev Director Meeting with Restaurant & Tavern Owners Association (monthly)Ongoing Jan-14 N/A Initiate Active Code Enforcement for Weekend Ongoing Jan-14 N/A Establish CUP Enforcement Team Completed Jan-14 Jun-14 Council Presentation: Progress Report and CUP Actions Ongoing Apr-14 N/A Council Decision: Service Level and Priority Completed Apr-14 Aug-14 Hire Additional Code Enforcement Officer Completed Apr-14 Jun-14 Council Decision: Budget Decision on Code Enforcement/Fire Marshall In Progress May-14 Jun-15 1 Fire Service Level and Staffing: Direction Fire Chief Develop Fire Staffing Plan w/ Standards/Learning from History with Fire Staff/Performance Measures In Progress Mar-14 Dec-15 Explore Shared Services with Neighboring Fire Department(s)In Progress Apr-14 Jun-15 Finalize Report/Plan with Options and Recommendations In Progress May-14 Jun-15 Council Presentation: Fire Staffing Plan with Recommendations/Standards In Progress May-14 Dec-15 Council Decision: Budget Decision on Fire Position, Standards In Progress May-14 Dec-15 1 Management in Progress 2014-2015 Emergency Operations Center: Mid-Year Report (Next Budget)Fire Chief Pending Feb-14 Jun-15 Conditional Use Permit Enforcement Team: Action Plan PD, FD, CD Ongoing Apr-14 N/A Multi Hazard Mitigation Plan Fire Chief In Progress May-14 Jan-16 Police Officer Recruitment and Hiring Police Chief In Progress Apr-15 Aug-15 Volunteer Police Program Development/Guidelines Police Chief In Progress Jun-14 Jun-15 Emergency Operations Plan: Update and Training Fire Chief In Progress Oct-14 Aug-15 Community Risk Analysis Fire Chief In Progress Jun-15 Dec-15 Downtown Enforcement Unit: Creation Police Chief In Progress Jun-15 Oct-15 2019 Timeline Strategic Goal # Action Item Primary Assigned Status Initial Due Date Revised Due Date 2 FINANCIALLY SOUND CITY GOVERNMENT 2 Oil Ballot Measure For 2014 Com Dev Director Hire Interim Public Information Officer - (Ongoing Information)Completed Jan-14 Release the Draft EIR; Cost Benefit Analysis, Health Impact Reports (3)Completed Feb-14 Conduct Information Meetings (3)Completed Mar-14 Council Decision: Direction on Negotiation Approach Completed Mar-14 Prepare RFQ for Citywide Public Information Service Completed Apr-14 Jul-14 Conduct Public Input Meetings (2)Completed Apr-14 Negotiate/Finalize Development Agreement Completed Jun-14 Oct-14 Council Decision: Contract for Service (Public Information Service)Completed May-14 Oct-14 Council Presentation: EIR Certification Completed Jun-14 Council Presentation: Cost Benefit Analysis, Health Impact Assessment(s)Completed Jun-14 Sep-14 Council Decision: Development Agreement Completed Jun-14 Oct-14 Prepare Ballot Measure Completed Jul-14 Oct-14 Council Decision: Ballot Measure Completed Jul-14 Oct-14 Public Information Packet Completed Aug-14 Dec-14 Council Decision: Simulating Project Impacts Completed Aug-14 Jan-15 Election Completed Nov-14 Mar-15 2 Capital Improvement Program and Policy Pub Works Director Develop Draft CIP Completed Dec-13 Public Works Commission: Review/Approval Completed Jan-14 Council Presentation and Decision: Direction, Funding Approach Completed May-14 Council Decision: Funding for Year 1 Projects Completed Jun-14 2 Sewer Replacement Program and Funding Mechanism Pub Works Director Complete Study Completed Apr-14 Evaluate Options for State Infrastructure Fund Completed Apr-14 Council Workshop: Sewer Fee or Annexation (County)Completed May-14 Council Decision: Direction, Link to Budget Completed May-14 Council Presentation: Fee Study Comparison using H20 Consumption vs. Standard Fees Completed Sep-14 Council Decision: Approval of Resolution Approving the Engineer's Report for Sewer Services Charges and Setting a Majority Protest Hearing for 6/23/2015 Completed Apr-15 Council Decision: Approve Sewer Charge Formula and Financing Completed Apr-15 Public Information Meeting Completed May-15 Protest Hearing Jun-15 Submit Charge Roll to LA County Aug-15 2 Employee Salaries and Benefits Policy Asst to the CM Complete Phase 1: Classification Completed Apr-14 Council Presentation and Decision: Survey City/Approach Compensation Policy Completed May-14 Jun-14 Complete Phase 2: Compensation Completed Aug-14 Mar-15 Council Presentation and Policy Direction Completed Nov-14 Mar-15 2 Stormwater Management Plan Pub Works Director Council Presentation: Update Completed May-14 Develop Enhanced Watershed Management Plan Completed Jun-14 Submit Enhanced Watershed Management Plan to Regional Board Completed Jun-14 Preliminary Storm Drain Fee Study Completed Sep-14 Develop Enhanced Watershed Management Plan (Phase II)In Progress Jun-15 Submit Enhanced Watershed Management Plan (Phase II)In Progress Jun-15 Receive Approval from Regional Board In Progress Dec-14 Dec-15 2 Priority Based Budgeting Development Finance Director Kick-off Priority Based Budgeting Completed Mar-14 Sep-14 Develop Program/Services Inventories Completed Mar-14 Oct-14 Score Services/Programs Completed Apr-14 Jan-15 Develop Program Costing Completed Apr-14 Feb-15 Complete Peer Review Completed Jun-14 Feb-15 Council Presentation: Report Completed Aug-14 May-15 PBB Model (Resource Alignment Diagnostic Tool) Updates: Council, Departments Ongoing N/A 2 Citywide Service Level/Performance Benchmark System (Performance Measures)Finance Director Comparison of present tier metrics with past year's measures Completed Jan-15 Submit Data to ICMA Completed Mar-15 Receive Report from ICMA Completed May-15 Council Presentation: Report Completed Jun-14 May-15 Incorporate into Adopted Budget In Progress Aug-14 Jul-15 2 Management in Progress 2014-2015 Phone System: Upgrade Finance Director Completed Mar-14 Website Upgrade on Oil (Ease of Search)Com Dev Director Completed Apr-14 Electronic Patient Care Record and Billing Fire Chief Completed Apr-14 Sep-14 Five Year Financial Plan (2015) Update Finance Director Completed May-14 OPEB Update Report/PERS Review Finance Director Completed May-14 Vehicle Replacement: Update Report Pub Wrks/Finance Completed May-14 Recreation Software Upgrade and Fee Review Asst to the CM Completed Aug-14 Oct-14 National Citizen's Survey Asst to the CM On Hold Jul-14 Nov-15 Land Management System: Upgrade (Permitting, Building Permitting, Asset Management, CRM software, Citizen Access to Information)Com Dev Director In Progress Sep-15 Feb-17 2019 Timeline Strategic Goal # Action Item Primary Assigned Status Initial Due Date Revised Due Date 3 HIGH PERFORMING CITY PROVIDING 1st CLASS SERVICES 3 Comprehensive Facilities Master Plan Pub Works Director Council Decision: Funding for Assessment Completed May-14 Prepare RFP - Phase 1: Condition and Needs Assessment Report Completed Jun-14 Oct-14 Council Decision: Award Contract Completed Dec-14 Feb-15 Complete Final Report In Progress May-15 Sep-15 3 Public Information and Communications Plan City Manager Council Presentation: Oil Information Completed Jan-14 Hire Interim Position Completed Jan-14 Prepare RFQ for Citywide Public Information Services Completed Apr-14 Jul-14 Council Decision: Contract Completed May-14 Oct-14 Prepare Communications Plan (including Em. Preparedness, Relations to Schools)Completed Jun-14 Nov-14 Council Presentation: Communications Plan, Direction Completed Jul-14 Feb-15 Council Decision: Plan Adoption Completed Aug-14 Feb-15 3 Valuing Employees: Policy Statement City Manager/ Asst to the CM Develop Policy Statement Completed Apr-14 Council Presentation and Decision: Policy Statement Completed Apr-14 3 Management in Progress 2014-2015 Solid Waste Collection: Update Report City Manager Completed Apr-14 Street Paving Program: Review, Update Report Pub Works Director Completed Mar-14 Citizen Complaint Tracking System: Development, Pub. Svs. Requests via Website Mgmt. Analyst Completed Apr-14 Trash Enclosures Temporary Pub Works Director Completed Jun-14 High Performance Organization: Development, Leadership Phil., Dept. Discussion City Manager Ongoing N/A Employee Appreciation Program: Enhancements City Manager Ongoing N/A 2019 Timeline Strategic Goal # Action Item Primary Assigned Status Initial Due Date Revised Due Date 4 MORE LIVABLE, SUSTAINABLE BEACH CITY 4 Municipal Carbon Neutral Action Plan City Manager Council Decision: Position Funding for Environmental Programs Coordinator Completed Jan-14 Hire City Position and Explore use of Other Resources Completed Apr-14 Oct-14 Provide Data to SBCCOG Climate Action Plan Consultant Completed May-14 Consultant Hired by SCAG to Prepare Road Map/Targets for Municipal Carbon Neutrality Completed Jun-14 Council Presentation and Acceptance: UCLA Study on Community Choice Aggregation and Other Options for Zero-Emissions Renewable Energy Completed Jun-14 Complete a Comparative Economic Analysis/Report Benefits/Opportunities from 1st Carbon Neutral Municipality vs. Leader in Carbon Neutrality Completed Jun-14 Feb-15 Council Decision: Carbon Neutral Municipal Policy Direction Completed Jun-14 Mar-15 Council Decision: Employee Commute Program: Report for Options, Direction, Incentives In Progress Jun-14 Jun-15 Clean Fleet Energy Policy: Implementation, Update Report*In Progress Jul-14 Jun-15 SCE Streetlight Energy Efficiency Program: Update Report*Completed Jul-14 Feb-15 Municipal GHG Emissions Inventory: Update Report (SBCCOG)Completed Sep-14 Feb-15 SCE On-Bill Financing Energy Efficiency Projects Completed Sep-14 Feb-15 Council Decision: Solar Report-Early Actions and Overall Direction Completed Oct-14 Feb-15 Council Decision: Final SCAG Report: Setting Target, Action Plan, Funding Completed Dec-14 Feb-15 Council Decision: Net Zero Carbon Policy for City Facilities and Service Delivery Analysis: 1st for Carbon Neutral or Carbon Neutrality, Steps, Costs, Time Frame, Direction Completed Dec-14 Feb-15 Council Decision: Renewable Energy Policy for City Facilities and Service Delivery: Steps/Cost, Time Frame Completed Dec-14 Feb-15 *Interim Actions to Reduce GHG Emissions 4 General Plan/Local Coastal Program/Blueprint for a Low Carbon Future Com Dev Director Establish Working Group (using Community Dialog Group as a Resource)Completed Mar-14 Working Group and Technical Committee: Orientation/Issues Completed Mar-14 Develop and complete Community Education Workshop*Completed Apr-14 Develop Technical Background Report and Issue Papers Completed May-14 Conduct Community Workshop: Visioning Completed May-14 Nov-14 Develop Issue Paper: Existing Conditions/Issues and Integrate Low Carbon Future/Values from Community Dialogue Completed Jun-14 Oct-14 Complete a Comparative Economic Analysis/Report: Benefits and Opportunities from 1st Carbon Neutral Community vs. Leader in Carbon Neutrality Completed Jun-14 Oct-14 Council Decision: Carbon Neutral Community Policy, Direction on Plan Development Completed Jun-14 Mar-15 Develop Alternatives: Future Scenarios Completed Aug-14 Mar-15 Test Alternatives with Working Group and Technical Committee Completed Oct-14 Mar-15 Community Workshops: Alternatives In Progress Dec-14 Jun-15 *Climate Change & Sustainability, Economics & Land Use, Transportation & Public Health 4 South Park: Upgrade Asst to the CM Council Decision: CIP Project Funding for Construction Completed May-14 Complete Playground Design with Construction Documents Completed Jun-14 Aug-14 Determine Location: Permanent Community Garden Completed Jun-14 Aug-14 Bid Project Completed Jul-14 Jan-15 Pursue Outside Grants and Funding Ongoing Aug-14 N/A Construction In Progress Dec-14 Aug-15 4 Schools Strategy and Specific Actions: Support for Top Quality Schools City Manager Meet COMPACT Group Completed Feb-14 Identify Common Goals and Strategy: Facilities, Funding Issues, School Safety, Solar Opportunities, Communications on School Issues to the Community Completed Apr-14 Council Report: Update on Direction Completed Aug-14 Joint Meeting: City - School Completed Nov-14 Oct-14 4 Community Dialog/Decision Making Tools: Implementation City Manager Complete Analysis and Mapping to Decision Making Tool Completed Apr-14 Develop Draft Decision Making Tool Completed Apr-14 Modify with Public Input and Catalyst Tool Completed Apr-14 Release Revised Decision Making Tool Completed Apr-14 Receive Input and Use Community Dialog Information and Decision Making Tool during the Strategic Planning Process Completed Apr-14 Council Decision: Decision Making Tool Adoption, Roles and Responsibilities Definition, Simple Detailed, Implementation Plan, Pilot Project Ongoing Apr-14 Nov-14 Develop Training Plan/Program on Decision Making Tool May-14 Jul-15 a. Elected/Appointed Officials (Mayor, Council, Boards and Commissions)May-14 Jul-15 b. City Departments and Staff May-14 Jul-15 c. Civic Organizations (including Chamber of Commerce)May-14 Jul-15 d. Business Owners May-14 Jul-15 e. General Public May-14 Jul-15 Initiate/Complete Training Program Jun-14 Jul-15 Develop Community Outreach/Awareness Plan and Materials for Decision Making Tool Jun-14 Jul-15 Initiate Community Outreach and Awareness Activities Jul-14 Jul-15 Evaluate/Refine Effectiveness of Community Outreach and Awareness Activities/Plan Ongoing Aug-15 TBD 4 Stable Power Supply: Evaluation, Direction, City Action Plan City Manager Work with COG on Data - Planned/Unplanned Outages Ongoing N/A Council Update Report: Information from Southern California Edison/Utility Commission Apr-14 Aug-15 Work w/ Cities on Unified Approach Southern California Edison Ongoing N/A 4 AES Rebuild City Manager Develop Possible Resolution w/ options to Support the City of Redondo Beach Position Completed May-14 Develop Ordinance, Analysis/Report Intervener Legal Implication, Actions/Benefits/Cost Completed May-14 Council Decision: Resolution, Intervener, Future Development on the Site Completed Jun-14 Staff Participation CA Energy Commission Meeting: Attendance and Summary Ongoing N/A Prepare Background Update Report and Briefing for City Council Completed N/A May-15 Update Website/Communications, including on City Calendar Completed N/A May-15 4 Management in Progress 2014-2015 Charging Station: Development (Parking Structure)Pub Works - MS Completed Jul-14 City Energy Efficiency Update Report Pub Works - MS Completed Jul-14 Sep-14 LED City Lights Pub Works - MS In Progress Jul-14 Jul-15 Preliminary Living Streets Update Reports, Projects Com Dev/Pub Wrks Completed Jul-14 Dec-14 2019 Timeline Strategic Goal # Action Item Primary Assigned Status Initial Due Date Revised Due Date 5 ENHANCED ECONOMIC DEVELOPMENT THROUGH REVITALIZED DOWNTOWN AND ENTRY CORRIDORS 5 Downtown Core Development Com Dev Director Council Decision: Downtown Core Revitalization Strategy Direction and Implementation Completed Apr-14 Counduct Public Discussion/Hearing: use of City Assets on Residential Dev. Application Completed Apr-14 Council Direction: Roma Study Completed Apr-14 Council Decision: Downtown Parking Strategy Completed Apr-14 Feb-15 Council Decision: Hermosa Avenue/Pier Plaza Improvements Policy Direction Completed Apr-14 Sep-14 Council Decision: Use of City Assets In Progress Jul-14 Jul-15 5 Pacific Coast Highway/Aviation Blvd. Mobility Improvement (Corridor Beautification) Plan Pub Works Director Establish Community Group Completed Mar-14 Complete Conceptual Plan Completed Mar-14 Apr-14 Council Presentation and Decision: Plan Adoption, Direction on Project Phasing Completed Mar-14 Apr-14 Workshop SBCCOG to Develop RFP for Design Eliminated N/A Meeting with Caltrans - (Office of Planning and Public Transportation)Completed May-14 Develop RFP for PSR Completed Jun-14 Meeting with Caltrans - Director of District 7 - facilitate 2015 Call for Project Application In Progress Aug-14 Dec-15 Project Study Report (PSR) by Caltrans Completed Jan-15 Project Assessment Environmental Development (PA/ED) by Caltrans In Progress Jul-17 Pre-Design a. PSR Completed Nov-14 Jan-15 b. PAED In Progress Sep-15 Sep-17 Design Phase 1 a. Complete PSR and 60% Design Sep-17 Nov-18 b. Complete 90% Plans - Phase 1 Oct-18 Apr-19 Begin Construction - Phase 1 Oct-19 Apr-21 5 Cypress Avenue District: Zoning Direction Com Dev Director Council Decision: Direction on Zoning Changes for Manufacturing Uses - Gen Plan Process Completed Aug-14 Jan-15 Planning Commission: Study Issue (General Plan Process)Completed Sep-14 May-15 Planning Commission: Direction (General Plan Process)In Progress Dec-14 Jun-15 5 Business Improvement District (BID) For Pier Plaza: Preparation Econ Dev Officer Initiate Discussion w/ Property Owners Completed Sep-14 Feb-15 Assist in BID Proposal On Hold TBD 5 Undersea Cable (Addition): Policy Direction City Manager Negotiate Terms on Landing Completed Jun-14 Council Decision: Lease Completed Jun-14 Initiate Environment Review Completed Aug-14 Nov-14 Environment Review In Progress Jul-15 Sep-15 5 Management in Progress 2014-2015 Economic Development Position City Manager Completed Apr-14 Mar-14 City Manager's Economic Development Committee: Creation CM/Econ Dev Off.Completed Apr-14 Pier Avenue Street Lights and Trash Pub Works Director Completed May-14 Pilot Parking Program: Evaluation Mgmt. Analyst Completed Mar-15 Phase 1 - Commercial Zone 'Smart' Parking Meter Purchase & Installation Mgmt. Analyst In Progress Jul-15 Phase 2 - Multi-space Meter Trial/Parking Lot Pay Stations PD/Mgmt. Analyst Pending Aug-15 User Guide for 'Doing Business in Hermosa Beach' (Preliminary/Final)Econ Dev Officer Completed Sep-14 Aug-14 Economic Development Welcome Team: Development Econ Dev Officer Completed Mar-14 Jul-14 Hope Chapel Development: w/ Property Owners, Update Report, Policy Direction CM/Econ Dev Off.On Hold TBD Skechers Development: EIR Process CM/CD/ED Off.In Progress Sep-15 Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff ReportREPORT 15-0477 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of June 9, 2015 VACANCIES - BOARDS AND COMMISSION PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION APPOINTMENTS TWO TERM EXPIRATIONS ON JUNE 30, 2015 ONE UNEXPIRED TERM ENDING JUNE 30, 2017 (City Clerk Elaine Doerfling) Recommended Action: It is recommended that the City Council appoint from among the applicants interviewed this evening to fill (1) two four-year terms ending June 30, 2019; and (2) one unexpired term ending June 30, 2017. Background: At its meeting of May 12, 2015, the City Council (1) directed the City Clerk to advertise for the two term expirations (the unexpired term had been previously advertised); and (2) scheduled all applicant interviews to take place at 5 p.m., Tuesday, June 9, 2015. In conformance with standard practice, the notice inviting applications for these seats was placed on the City’s website, posted in the normal Civic Center locations, and published in the Easy Reader, with a filing deadline of 6 p.m. Wednesday, June 3. My staff telephoned and mailed follow-up letters to (1) notify the two members whose terms are expiring of the application filing deadline, and (2) advise all applicants of the date, time and place of the interviews. Attached are the nine applications received. Attachments: Applications: Chris Brown, Joey Farrales, Craig Greely, Maureen Ferguson Lewis, Mark Paaluhi, Jeff Raedy, Isabel Rodriguez, Robert Rosenfeld, and Les Thompson Submitted by: Elaine Doerfling, City Clerk Concur: Tom Bakaly, City Manager Hermosa Beach Printed on 6/4/2015Page 1 of 1 powered by Legistar™ From: Joey Farrales [mailto:joeyfarrales@gmail.com] Sent: Monday, June 08, 2015 12:24 PM To: Elaine Doerfling Subject: Parks and Recs Commission Application Withdrawal Dear Ms. Doerfling, I would like to official withdraw my application for the Parks and Recreations Commission. My work schedule has changed and now required more time from me. I will not be able to dedicate the necessary time needed for the commission and it will be unfair for our city. Thank you very much for your consideration. Best, Joey Farrales 310.694.6975 Pardon my errors, this iPhone may act on its own at times.