Loading...
HomeMy WebLinkAbout08/25/15Tuesday, August 25, 2015 5:30 PM Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Council Chambers City Council Mayor Pro Tem Carolyn Petty Councilmembers Hany Fangary Michael DiVirgilio Peter Tucker Nanette Barragan Adjourned Regular Meeting Agenda Closed Session - 5:30pm Regular Meeting - 7:00pm Executive Team Viki Copeland, Finance Director Andrew Brozyna, Public Works Director David Lantzer, Fire Chief Bob Blackwood, Interim Human Resource 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 August 25, 2015City Council Adjourned Regular Meeting Agenda 5:30 P.M. - CLOSED SESSION (LOCATION: Meetings 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 1.15-0630 MINUTES: Approval of minutes of Closed Session held on July 16, 2015. 2.15-0631 CONFERENCE WITH LEGAL COUNSEL Anticipation of Litigation - Government Code Section 54956.9(d)(2) A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, there is a significant exposure to litigation against the City Council. Number of Potential Cases: 1 3.15-0632 CONFERENCE WITH LEGAL COUNSEL Anticipation of Litigation - Government Code Section 54956.9(d)(2) and (e)(3) (Claim filed by Chris Miller) A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, there is a significant exposure to litigation against the City Council. Number of Potential Cases: 1 4.15-0633 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 Title:City Manager 5.15-0634 CONFERENCE WITH LEGAL COUNSEL: Quarterly Litigation Update The City finds, based on advice from legal counsel, that discussion Page 2 Hermosa Beach Printed on 8/20/2015 August 25, 2015City Council Adjourned Regular Meeting Agenda in open session will prejudice the position of the City in the litigation. Existing Litigation - Government Code Section 54956.9(d)(1) a)Name of Case: Bertucci v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC543237 b)Name of Case: Clair v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC586695 c)Name of Case: Khanlian v. City of Hermosa Beach Los Angeles Central Court, Case Number: BC570706 d)Name of Case: Merrill v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC532065 e)Name of Case: Roberts et al v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC544495 f)Name of Case: Yrigoyen v. City of Hermosa Beach Los Angeles Central Court, Case Number: BC561167 ADJOURNMENT OF CLOSED SESSION Page 3 Hermosa Beach Printed on 8/20/2015 August 25, 2015City Council Adjourned Regular 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 agenda packets are available for your review on the City's website 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 pertaining to matters listed on the agenda of a regular City Council meeting must be submitted by noon of the Tuesday before the meeting in order to be included in the agenda packet (tentative future agendas can be found as Item 2c in every regular agenda packet). However, written materials received after that deadline will nonetheless be posted under the relevant agenda item on the City's website at the same time as they are distributed to the City Council by email and provided to the City Council and the public at the meeting. Written materials may be sent to the City Manager's office at anny@hermosabch.org. The City Manager's office makes every effort to add supplemental items to the online agenda up to the time of the meeting but in some cases, supplemental items submitted after 2:00 p.m. on the meeting date may not be added to the online agenda until the day after the meeting. Persons who wish to address an issue of general nature (not pertaining to matters listed on the agenda) to the City Council for the official record may submit written material to the Council in lieu of or in addition to speaking under the Public Participation section of the meeting. Such written correspondence must be delivered to the City Clerk's office (cityclerk@hermosabch.org) or the City Manager's office (anny@hermosabch.org) by noon of the Tuesday before the regular Council meeting in order to be included on the agenda. Emails to the City Council may be sent to citycouncil@hermosabch.org 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 4 Hermosa Beach Printed on 8/20/2015 August 25, 2015City Council Adjourned Regular Meeting Agenda CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT ANNOUNCEMENTS PROCLAMATIONS / PRESENTATIONS a)15-0616 RECOGNITION OF POLICE OFFICERS GERRITT (JOE) POELSTRA AND ELAINA HASSAN FOR THEIR HELP WITH SPECIAL OLYMPICS b)15-0617 PROCLAMATION FOR SISTER CITY 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. a)REPORT 15-0619 LETTER FROM CHRIS PRENTER DATED JULY 22, 2015 REGARDING ALL DAY HELICOPTER NOISE FROM CROSSFIT Page 5 Hermosa Beach Printed on 8/20/2015 August 25, 2015City Council Adjourned Regular Meeting Agenda EVENT Recommendation:To receive and file the written communication from Chris Prenter. Chris Prenter letter dated 7-22-15.docxAttachments: b)REPORT 15-0620 LETTER FROM JIM LISSNER DATED AUGUST 17, 2015 REGARDING HBPD CRIME STATISTICS FREQUENCY Recommendation:To receive and file the written communication from Jim Lissner. Jim Lissner letter dated 8-17-15.docxAttachments: c)REPORT 15-0621 LETTER FROM HOWARD LONGACRE DATED AUGUST 18, 2015 REGARDING APPOINTED CITY OFFICIALS COMMUNICATING USING THEIR PRIVATE EMAIL ADDRESS Recommendation:To receive and file the written communication from Howard Longacre. Howard Longacre letter dated 8-18-15.pdfAttachments: d)REPORT 15-0622 LETTER FROM CASSANDRA BATES DATED AUGUST 18, 2015 REGARDING REQUEST TO RE-OPEN DISCUSSION OF THE HBPD SHOOTING RANGE Recommendation:To receive and file the written communication from Cassandra Bates. Cassandra Bates letter dated 08-18-15.docxAttachments: 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 15-0610 REPORT REGARDING CITY COUNCIL MINUTES (City Clerk Elaine Doerfling) Recommendation:It is recommended that the City Council receive and file the memorandum. b)REPORT 15-0614 CHECK REGISTERS (Finance Director Viki Copeland) Recommendation:To ratify the following check registers. 07-23-15 07-23-15a 7-30-15 08-06-15 08-13-15 Attachments: c)REPORT 15-0624 TENTATIVE FUTURE AGENDA ITEMS Page 6 Hermosa Beach Printed on 8/20/2015 August 25, 2015City Council Adjourned Regular Meeting Agenda Recommendation:To receive and file the tentative future agenda items. Tentative Future Agenda.docAttachments: d)REPORT 15-0628 PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS Recommendation:To receive and file the Planning Commission tentative future agenda items. Planning Commission Tentative Future Agenda.pdfAttachments: e)REPORT 15-0627 REVENUE AND EXPENDITURE REPORTS CITY TREASURER’S AND CASH BALANCE REPORT JULY 2015 (Finance Director Viki Copeland) Recommendation:To receive and file the memorandum. f)REPORT 15-0629 ACTION SHEET OF THE PLANNING COMMISSION MEETING OF AUGUST 18, 2015 Recommendation:To receive and file the action sheet of the Planning Commission meeting of August 18, 2015. Planning Commission Action Sheet 8-18-15.docAttachments: g)REPORT 15-0602 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JULY 7, 2015 Recommendation:To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of July 7, 2015. PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MINUTES OF THE JULY 7, 2015 MEETING.pdf Attachments: h)REPORT 15-0613 ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JULY 15, 2015 Recommendation:To receive and file the action minutes of the Public Works Commission meeting of July 15, 2015. action minutes 7-15-15Attachments: i)REPORT 15-0612 PROJECT STATUS REPORT AS OF JULY 31, 2015 (Public Works Director Andrew Brozyna) Recommendation:To receive and file the Project Status Report as of July 31, 2015. CIP Project Summary JULY 2015Attachments: j)REPORT 15-0573 PURCHASE OF VEHICLE FOR THE POLICE DEPARTMENT (Police Chief Sharon Papa) Page 7 Hermosa Beach Printed on 8/20/2015 August 25, 2015City Council Adjourned Regular Meeting Agenda Recommendation:Staff recommends that Council 1. Authorize the purchase of one (1) 2014 Chevrolet Caprice sedan to replace an existing 2005 Ford Taurus sedan; 2. Reappropriate $17,900 from Fiscal Year 2014-2015 Equipment Replacement Fund; and 3. Appropriate an additional $13,999.76 from the 2015-2016 Equipment Replacement Fund. Wondries Fleet Group Quote.pdf SBRPCA Quote.pdf Attachments: k)REPORT 15-0623 SUBJECT: FINAL MAP NO. 72919 (C.U.P. CON NO. 14-10, PDP NO. 14-15) LOCATION: 1720 PROSPECT AVENUE APPLICANT(S): ROBERT SALIM REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL PARCEL MAP FOR A 2-UNIT RESIDENTIAL CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Recommendation:Staff recommends approval of Final Parcel Map No. 72919 which is consistent with the approved Vesting Tentative Parcel Map, and recommends the City Clerk be directed to endorse the certificate for said map. 1720 Prospect Ave Resolution.docxAttachments: l)REPORT 15-0609 FIREMAN’S FUND HERITAGE PROGRAM GRANT AWARD FROM NEW EMPIRE ENTERTAINMENT INSURANCE SERVICES, INC. TO THE HERMOSA BEACH FIRE DEPARTMENT (Fire Chief David Lantzer) Recommendation:Staff recommends that Council: 1.Accept the award of $6,862 through the Fireman's Fund Heritage Program Grant from New Empire Entertainment Insurance Services, Inc. to the Hermosa Beach Fire Department; and, 2.Authorize an appropriation in the 2015/16 budget of $6,862 for the purchase of a Smart Board, Smart Television and accessories for use in training delivery and increase the revenue the same amount. m)REPORT 15-0607 AUTHORIZATION OF DOCUMENTS REQUIRED BY THE STATE BOARD OF EQUALIZATION (SBOE) FOR COLLECTION OF THE CITY’S UTILITY USER’S TAX (UUT) ON PREPAID WIRELESS PHONE SERVICE (Viki Copeland, Finance Director) Page 8 Hermosa Beach Printed on 8/20/2015 August 25, 2015City Council Adjourned Regular Meeting Agenda Recommendation:1. Authorize the City Manager to execute documents required by the State Board of Equalization to collect the City's Utility User's Tax on prepaid wireless service; and 2. Authorize the examination of prepaid mobile telephone services surcharge and local charge records. Agreement - State Collection Admin of Local Charge.rtf Reso Authorizing CM to Execute Agreement Reso Authorizing Examination of Prepaid MTS Surcharge Certification of Ordinance No. 07-1290 Attachments: n)REPORT 15-0618 SOUTH BAY WORKFORCE INVESTMENT BOARD QUARTERLY SUMMARY (City Manager Tom Bakaly) Recommendation:To receive and file the quarterly summary from the South Bay Investment Board. Summary - SBWIB 071615-Hermosa Beach.pdf Committees Activity Report.pdf Program Year 2014-2015.pdf Youth Job Fair 2015 info.pdf CalWorks Youth Summer Job info.pdf News 1.pdf News 2.pdf News 3.pdf Attachments: o)REPORT 15-0637 APPROVE TRANSPORTATION AGREEMENT WITH ORTLEY TRANSPORTATION FOR KINDERGARTEN CHILDREN ATTENDING THE STAR EDUCATION PROGRAM AT THE COMMUNITY CENTER (Senior Recreation Supervisor Kelly Orta) Recommendation:1. Approve the transportation agreement with Ortley Transportation to provide daily bus transportation to and from View School for kindergarten children attending the STAR Education program at the Community Center. 2. Appropriate $86,400 from the Proposition A Fund. STAR Education Program Flyer Ortley Transportation Service Agreement Attachments: p)REPORT 15-0641 APPROVE THE UPDATED 2015 SPECIAL EVENT CALENDAR (Senior Recreation Supervisor Kelly Orta) Recommendation:That Council approve the updated 2015 special event calendar through December, 2015, including the addition of Day at the Beach Triathlon and other small-scale events. Commssion Approved 2015 Special Event Calendar Updated 2015 Special Event Calendar Day at the Beach Triathlon One-Page Info Sheet Attachments: Page 9 Hermosa Beach Printed on 8/20/2015 August 25, 2015City Council Adjourned Regular Meeting Agenda 3. CONSENT ORDINANCES a)REPORT 15-0611 ORDINANCE NO. 15-1356 - “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, BANNING THE USE OF PLASTIC CARRYOUT BAGS AND IMPOSING A CHARGE FOR RECYCLABLE PAPER BAGS.” (City Clerk Elaine Doerfling) Recommendation:It is recommended that the City Council waive full reading and adopt by title Ordinance No. 15-1356 that applies to all retail establishments, excluding restaurants and drycleaners and decide whether to give direction to staff relative to returning with an amended ordinance to include restaurants. 15-1356 Plastic Bag Ban Affected businesses and food providers.docx Bag Ban Notification.JPG Attachments: 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. a)REPORT 15-0640 AMEND THE MUNICIPAL CODE BY ADDING CHAPTER 5.76 (TOBACCO RETAILERS) REQUIRING LICENSURE OF TOBACCO RETAILERS TO REDUCE THE ILLEGAL SALE OF TOBACCO PRODUCTS TO MINORS, AMENDING CHAPTER 8.40 TO EXPAND THE DEFINITION OF TOBACCO PRODUCTS TO INCLUDE ELECTRONIC CIGARETTES AND FLAVORED TOBACCO, AND MAKING VIOLATIONS OF CHAPTER 5.76 SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES (Continued from the April 21, 2015 meeting) (Community Development Director Ken Robertson) Recommendation:To Introduce the attached ordinance to add Chapter 5.76 (Tobacco Retailers) and amend Chapter 8.40 . Tobacco Retailers and E Cigarettes Ordinance 2-9-15REVISED_081215.doc Attachments: b)REPORT 15-0636 INTRODUCE ON FIRST READING AND WAIVE FULL READING OF AN ORDINANCE AMENDING SECTION 17.46.220 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING STREAMLINED PERMITTING OF SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS (Community Development Director Ken Robertson) Page 10 Hermosa Beach Printed on 8/20/2015 August 25, 2015City Council Adjourned Regular Meeting Agenda Recommendation:To introduce on first reading and waive full reading of an ordinance establishing an expedited streamlined permitting process for small residential rooftop solar energy systems in compliance with AB 2188 (Muratsuchi 2014). Solar Permitting Ord - final.docxAttachments: 6. MUNICIPAL MATTERS a)REPORT 15-0639 ENFORCEMENT OF THE PUBLIC PLACES SMOKING PROVISIONS OF THE MUNICIPAL CODE (Community Development Director Ken Robertson) Recommendation:Direct staff to focus on education and outreach before pursuing pro-active enforcement as discussed below. b)REPORT 15-0644 REPORT REGARDING INVESTIGATION OF THE CIRCUMSTANCES OF THE POLICE DEPARTMENT INTERACTION WITH CHRIS MILLER ON MARCH 3, 2015 IN FRONT OF THE STANDING ROOM AND RELATED RESPONSE (City Manager Tom Bakaly) Recommendation:The City Council review the information set forth below and in the attachment to this staff report and receive and file. Synopsis of Evidence - 2015 HB[1].pdfAttachments: c)REPORT 15-0635 STATUS REPORT RELATED TO STRAND & PIER DEVELOPMENT PROJECT (Community Development Director Ken Robertson) Recommendation:To receive and file. d)REPORT 15-0575 REVISIT OPERATION CLEAN SWEEP RELATED TO SIDEWALK/PORTABLE TYPE SIGNS (Economic Development Officer Shelli Margolin-Mayer and Building/Code Enforcement Official Bob Rollins) Recommendation:1. Direct Staff to prepare a code change and specific standards and regulations in order to allow and regulate the use of A-frame signs in front of storefront retail and restaurants. 2. Deem A-Frame signs a low enforcement priority while staff is preparing this code change for regulating the use of A-Frame signs, with a tentative plan to return to Council with recommendations in early 2016. Alternative: Receive and file (retaining current prohibition) 1.April 24, 2012 Planning Commission Staff Report 2.City Council Resolution 12-6812 (No Portable Signs R-O-W) Attachments: e)REPORT 15-0615 REQUEST FROM THE CITY OF REDONDO BEACH TO RENAME ARTESIA BOULEVARD TO REDONDO BEACH BOULEVARD (Andrew Brozyna, P.E./Director of Public Works) Page 11 Hermosa Beach Printed on 8/20/2015 August 25, 2015City Council Adjourned Regular Meeting Agenda Recommendation:It is recommended that the City Council oppose the renaming of Artesia Boulevard to Redondo Beach Boulevard within the City of Hermosa Beach, and direct staff to prepare a letter to the City of Redondo Beach opposing the renaming of Artesia Boulevard to Redondo Beach Boulevard. Letter from Redondo Beach dated July 20-2015_attch 1 Plan View of Redondo Beach within City Limits_attch 2 Attachments: 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a)REPORT 15-0638 FIRE TOWER DEMOLITION UPDATE (Public Works Director Andrew Brozyna) Recommendation:It is recommended that the City Council receive and file this report. Final 72915 Struct Assessment HB Fire Tower attach 1 Fire Tower_Attachment #2 - Modular Structures Attachments: 8. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL NONE 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. a)15-0625 MAYOR PRO TEM PETTY REQUESTS DISCUSSION REGARDING THE IMPENDING COUNCIL SEAT VACANCY. b)15-0626 MAYOR PRO TEM PETTY PROPOSES INITIATING A CODE OF CONDUCT POLICY FOR COMMISSIONERS. c)15-0642 COUNCILMEMBER TUCKER REQUESTS SUPPORT IN REVIEWING THE MUNICIPAL CODE TO CLARIFY THE DEFINITION OF SHORT-TERM RENTALS AND ENHANCE THE CITY’S ABILITY TO ENFORCE VIOLATIONS. d)15-0643 COUNCILMEMBER TUCKER REQUESTS SUPPORT IN REVIEWING CURRENT PRACTICES AND THE MUNICIPAL CODE TO ENHANCE THE CITY’S ABILITY TO ENFORCE PERMITS RELATED TO USE OF CITY PROPERTY (BEACH, PARKS, AND OTHER FACILITIES) FOR TRAINING CLASSES. ADJOURNMENT Page 12 Hermosa Beach Printed on 8/20/2015 August 25, 2015City Council Adjourned Regular Meeting Agenda FUTURE MEETINGS AND CITY HOLIDAYS CITY COUNCIL MEETINGS: September 8, 2015 - Tuesday - 6:00 PM - Closed Session (Litigation Update), and 7:00 PM - City Council Meeting September 22, 2015 - Tuesday - No Meeting September 24, 2015 - Thursday - 6:00 PM - Study Session (Community Choice Aggregation), and 7:00 PM - Adjourned Regular Meeting October 13, 2015 - Tuesday - 7:00 PM - City Council Meeting October 27, 2015 - Tuesday - 7:00 PM - City Council Meeting November 10, 2015 - Tuesday - 7:00 PM - City Council Meeting November 24, 2015 - Tuesday - 6:00 PM - Closed Session (Quarterly Litigation Update), and 7:00 PM - City Council Meeting December 8, 2015 - Tuesday - 7:00 PM - City Council Meeting December 22, 2015 - Tuesday - No Meeting BOARDS, COMMISSIONS AND COMMITTEE MEETINGS: August 31, 2015 - Monday - 7:00 PM - Emergency Preparedness Advisory Commission Meeting September 1, 2015 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting September 15, 2015 - Tuesday - 7:00 PM - Planning Commission Meeting September 16, 2015 - Wednesday - 7:00 PM - Public Works Commission Meeting October 6, 2015 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting October 20, 2015 - Tuesday - 7:00 PM - Planning Commission Meeting November 2, 2015 - Monday - 7:00 PM - Emergency Preparedness Advisory Commission Meeting November 17, 2015 - Tuesday - 7:00 PM - Planning Commission Meeting November 18, 2015 - Wednesday - 7:00 PM - Public Works Commission Meeting December 1, 2015 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting December 2, 2015 - Wednesday - 7:00 PM - Planning Commission Meeting CITY OFFICES CLOSED FRIDAY-SUNDAY AND ON THE FOLLOWING DAYS: September 7, 2015 - Monday - Labor Day November 11, 2015 - Wednesday - Veteran's Day November 25, 2015 - Thursday - Thanksgiving Day January 18, 2016 - Monday - Martin Luther King, Jr. Birthday February 15, 2016 - Monday - President's Day May 30, 2016 - Monday - Memorial Day July 4, 2016 - Monday - Independence Day September 5, 2016 - Monday - Labor Day November 24, 2016 - Thursday - Thanksgiving Day Page 13 Hermosa Beach Printed on 8/20/2015 Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 15-0616 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 RECOGNITION OF POLICE OFFICERS GERRITT (JOE) POELSTRA AND ELAINA HASSAN FOR THEIR HELP WITH SPECIAL OLYMPICS Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 15-0617 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 PROCLAMATION FOR SISTER CITY Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ From: jhausle@juno.com [mailto:jhausle@juno.com] Sent: Tuesday, August 25, 2015 4:10 PM To: jhausle@juno.com Cc: City Council; City Clerk Subject: City Manager Performance Review I would like this to be part of the record for tonights council meeting The City Manager told the city council that it was his responsibility to handle the March 3 investigation. I'm not impressed with his handling of the situation. He has harmed the relationship between the community , HB City management, Police department and the chamber. I don't believe this performance deserves any sort of merit raise or bonus. Thank you, Jackie Tagliaferro Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0619 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 LETTER FROM CHRIS PRENTER DATED JULY 22, 2015 REGARDING ALL DAY HELICOPTER NOISE FROM CROSSFIT EVENT Recommended Action: To receive and file the written communication from Chris Prenter. Attachments: Letter from Chris Prenter Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ From:chris@chrisprenter.com [mailto:chris@chrisprenter.com] Sent:Wednesday, July 22, 2015 12:13 PM To:Nanette Barragan; Carolyn Petty; Hany Fangary; Michael DiVirgilio; Peter Tucker; Tom Bakaly; Elaine Doerfling Subject:All day helicopter noise from crossfit event is totally unacceptable Dear City Council Members and City Staff, I was awoken at 7am this morning by a helicopter repeatedly circling over my home. This helicopter has been buzzing over my house all day long and I am furious that there appears to be no recourse to address this horrible nuisance at this time. I am fine with the crossfit event being held here at the pier and happy for the business it must be bringing but the helicopter noise is totally unacceptable. I think you will find a great number of residents will agree. Since you approved this event I am asking you to put a stop to the low flying helicopters circling over residences all day long. The film crews could instead use drones for a fraction of the cost and we would avoid all this noise. If you are going to agree to host these events in our city then I urge you to stipulate it in your contracts that no helicopters may be used for filming. It is time for you to stand up for Hermosa Beach residents’ right to peacefully live and work in our own homes. I request that this be put on the agenda for the next City Council meeting. Please address this issue and correct this problem. Thank you, Chris Prenter Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0620 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 LETTER FROM JIM LISSNER DATED AUGUST 17, 2015 REGARDING HBPD CRIME STATISTICS FREQUENCY Recommended Action: To receive and file the written communication from Jim Lissner. Attachments: Letter from Jim Lissner Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ From:Jim [mailto:jim@vivahermosa.com] Sent:Monday, August 17, 2015 7:05 PM To:Ann Yang; Peter Tucker; Nanette Barragan; Carolyn Petty; Michael DiVirgilio; Hany Fangary Subject:HBPD Crime Statistics Frequency 8-17-15 For the City Council (please agendize for council meeting of Aug. 25): Please consider changing the frequency of crime reports back to monthly. Regards, Jim Lissner --------Original Message -------- Subject: HBPD Crime Statistics Question Date: Wed, 12 Aug 2015 23:09:08 +0000 From: Ashley Koger <akoger@hermosapolice.org> To: jim@vivahermosa.com <jim@vivahermosa.com> Hi Jim, My name is Ashley Koger and I am an Administrative Assistant for the Hermosa Beach Police Department.In response to the question you left on Sharon Stine’s voicemail, the Department hired a Crime Analyst at the beginning of this year, and that brought the change in reporting from monthly to quarterly.With her knowledge and expertise, it was recommended to convert to a quarterly reporting system, as this way, we can have a better sample size in which to analyze trends and statistics within the City.As is now noted on the bottom of the reports, having a change in numbers that are small can produce misleading and inaccurate statistics.I hope this answers your question, and feel free to contact me with any others. Thank you! Ashley Koger Hermosa Beach Police Department Accreditation Manager 540 Pier Avenue Hermosa Beach, CA 90254 Ph: 310-318-0331 Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0621 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 LETTER FROM HOWARD LONGACRE DATED AUGUST 18, 2015 REGARDING APPOINTED CITY OFFICIALS COMMUNICATING USING THEIR PRIVATE EMAIL ADDRESS Recommended Action: To receive and file the written communication from Howard Longacre. Attachments: Letter from Howard Longacre Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ Written Communication from H. Longacre to Oral/ Written Communications Item-1 of the August 25, 2015 Regular Hermosa Beach City Council Meeting Agenda Page 1 of 3 City Clerk and City Manager's office: This is a ‘Written Communication submitted for Item #1 "Oral/Written Communications" of the August 25, 2015, Regular Hermosa Beach City Council meeting. Please include with any agenda materials packets and the Granicus Internet agenda postings for the meeting. Thank You. August 18, 2015 To: Hermosa Beach City Council, City Clerk, City Treasurer, City Manager, Assistant City Manager, Community Development Director, Public Works Director, Finance Director, Community Resources Department, and Contracted City Attorney From: Howard Longacre, a Hermosa Beach resident. Regarding: The continued, beyond-sneaky, situation regarding the City's encouragement and facilitation of appointed city officials communicating using their private email addresses. Mayor, Councilmembers, and others: Please consider carefully the following important matter(s). Additionally, everything contained herein are my views, opinions, and comments except where specifically indicated as by others. _________________________________________________________________ The city's website displays private email addresses for appointed officials who are conducting important city business. This continues to facilitate government by private, secret, email. All appointed officials should be issued a city email address of the form; xxxxxxx@hermosabch.org as done in other honorable cities. There's evidently no process to stop city officials, elected or appointed, from not passing out their private email address to anyone and communicating with such individual(s) by private email, however the city should not be facilitating this process by placing officials private email addresses on the city's website. This needs to stop, and was supposed to end two years ago when the Council itself was finally issued city email addresses, even though some councilmembers didn't like the idea, such as DiVirgilio and Bobko, the two sneakiest councilmembers of recent years. Written Communication from H. Longacre to Oral/ Written Communications Item-1 of the August 25, 2015 Regular Hermosa Beach City Council Meeting Agenda Page 2 of 3 Still councilmembers prefer to use their private email addresses for all their "insider" communications; Especially still, Councilman DiVirgilio, who I believe does not even bother to check his "hermosabch.org" email address that often. A few years ago I attempted to do a public records request for emails regarding government business of Planning Commissioner Pete Hoffman, and he simply indicated that he had deleted the emails. How convenient. As such I had no choice but to assume Pete Hoffman was hiding something that he had emailed to a developer's representative. Unfortunately I view Mr. Hoffman as a very much less than honorable Planning Commissioner. Just my view from observing his actions on the commission for too many years, and that's without even going into his highly unprofessional constant belittling insults of his fellow commissioners, all of whom I consider far more honorable and less sneaky than "PROFESSOR Hoffman". Well notwithstanding that Professor Hoffman obviously considers himself above the other commissioners and virtually all on planet perhaps; the email address listed on the website for him should be a city email address, not his Loyola University business address. Following is a duplicate of the contact information presently displayed for each appointed official on the city's public website where developers and others might first look for a contact email address. Planning Commission: Kent Allen Cell. (310) 864-9124 kentjallen@gmail.com Peter Hoffman Res. (310) 374-6004 phoffman@lmu.edu Michael Flaherty Cell. (310) 621-7687 mikeflaherty2010@gmail.com Ron Pizer Res. (310) 344-5008 ron.pizer@verizon.net Rob Saemann Res. (310) 376-2859 rsgc1@aol.com Public Works Commission: Janice Brittain (310) 318-2104 jrbrittain@gmail.com Andrea Giancoli (310) 379-6512 giancoli_rd@yahoo.com Rob Saemann (310) 376-2859 RSGC1@aol.com Kim MacMullan (310) 318-0222 kmacmullan@gmail.com Justin Schnuelle (310) 413-2919 justin.schnuelle@gmail.com Parks and Recreation Commission: Jani Lange Res. (310) 464-7434 jani.lange@gmail.com Isabel Rodriguez Res. (310) 372-4716 isarodriguezusc@hotmail.com Jessica Guheen Res. (415) 307-5895 southparkmothers@gmail.com Maureen Lewis Res. (310) 427-5656 bchrunrmaureen@yahoo.com Robert Rosenfeld Res. (310) 318-2917 robert.rosenfeld@variancemanagement.com Civil Service Commission: Douglas Collins ` (310) 318-0200 E. Thomas Moroney (310) 318-0200 Mike Schweid (310) 318-0200 Sharon Thompson (310) 318-0200 Barry Warner (310) 318-0200 Written Communication from H. Longacre to Oral/ Written Communications Item-1 of the August 25, 2015 Regular Hermosa Beach City Council Meeting Agenda Page 3 of 3 Again, the city probably can't prevent the likes of i.e. Planning Commissioner Peter Hoffman from using his Loyola University business email address for city related communications, such as with developers, bar owners, hotel developers, and the like, and then deleting such Hermosa Beach business emails, i.e. if a public records request is made. It is long past the time that those interested in contacting the likes of Mr. Hoffman, either call him directly to get his private business or other email address, or use a city provided hermosabch.org email address. The City should not be facilitating government by private email, by posting private email addresses (as above) on the city's website. The City should issue each commissioner a hermosabch.org email address and encourage the commissioners to utilize them. Please do direct that this situation be corrected to reduce the incidence of non- transparent government by private email as soon as possible. This is my fifth or sixth communication regarding the city's secret-society operation and their filthy rotten methods of conducting the people's government by private secret email. Just another reason why I will not be voting for Councilman Pete Tucker for a 4th TOO MANY TERMS. He's done nothing to improve this situation as so many other simple things he's neglected to keep the government closed and disgustingly-secretive for those such as himself and his insiders to own the city. Shame on Pete Tucker. He's unfortunately disgraced himself and the city. End of Written Communication: Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0622 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 LETTER FROM CASSANDRA BATES DATED AUGUST 18, 2015 REGARDING REQUEST TO RE-OPEN DISCUSSION OF THE HBPD SHOOTING RANGE Recommended Action: To receive and file the written communication from Cassandra Bates. Attachments: Letter from Cassandra Bates Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ From: cassandrapromo@hotmail.com To: anny@hermosabch.org Subject: Letter for inclusion in city council meeting August 25 Date: Tue, 18 Aug 2015 11:16:52 -0700 City Manager and City Council Members, Per the city attorney, this letter is to serve as written communication to be added to the coming city hall meeting agenda for August 25th. It is submitted within the time constraints to be added to the agenda for reading and discussion on Aug. 25th. Regardless of whether equipment has been ordered or delivered (If ordered, what date ordered?), This is my third public attempt since May/June to Request re-opening discussion of HBPD shooting /gun range for the following reasons: 1) Location: Library and kitty corner to a middle school. Middle school kids when polled were vehemently opposed to a shooting range next to where they walk to and from school everyday. Another location is preferred. Did a notification of a gun range letter go out to the parents of the middle school children? 2) Financial - Need a Financial impact study to evaluate cost to own versus cost to share with existing neighbor facility at MBPD. What is cost to share liability insurance and range with MBPD versus cost to harbor entire 100% liability on city of HB. What is the total cost of the facility? What is the cost of liability insurance per year if we own 100% of risk? Cost of lead disposal? Who is responsible if lead not disposed of properly? How much is RB facility being fined by CA State? What is our risk assessment if fined? City Pays? Residents pay? What is the cost of liability to share with MBPD facility? Detail line by line cost to own versus cost to share existing facility. Important to note sharing between HBPD and MBPD already occurs in the sharing of one call center. 3) Liability cost. What is the proposed liability annual insurance premium cost? What is the maximum liability coverage cap? Who foots bill when cap exceeded? 3) Notice needs to be mailed. Most residents, when polled, where unaware of the proposal. Only those who read the newspaper article knew. No one was informed directly from the city. Unlike the letter that went out of HBPD informing of the $2100 fine for parties on July 4th, there was *no* mailing about a gun range. There should be. It is of equal or greater importance, if not more, as it effects all of us with potential liability impact. 4) Environmental Impact - Air quality and noise given **location/proximity to residential** which is not in eval from manufacturer. To date, the only information has come from the manufacturer. No other cities who have purchased equipment have been contacted, investigated, provided fact finding. If you use city funds, there is an ethical obligation to evaluate large purchases with independent study/other consumers/due diligence. Why wasn't this done and shared with city residents? Similar to when you buy a car, you test drive it first? check consumer reviews? That's for a purchase of $30K, we are talking closer to 600K purchase. So why wasn't this study performed and presented? You never rely solely on a manufacturer sales/promotional material. Westminster voted to turn down proposal for similar gun range. Why? Residential property proximity?What do independent studies of same equipment say about proximity to residential? What other cities who bought one? Lets do our due diligence to evaluate expenditure from another city with same type of facility to fact find costs, liablity, air, noise issues and any law suits they may have incurred. Let's read their independent reviews from the other cities who purchased. pros/cons/ costs and** best location** for residents whom the HBPD serves. Let's assess risk, liability, costs - OPENLY and THOROUGHLY to make the best informed decision. WE HAVE A RIGHT AND RESPONSIBILITY TO KNOW. Best, Cassandra Bates 3022 Hermosa Ave. #3, HB, CA 90254 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 August 25, 2015 REPORT REGARDING CITY COUNCIL MINUTES (City Clerk Elaine Doerfling) Recommended Action: It is recommended that the City Council receive and file the memorandum. Summary: There are no minutes available this evening. We are making excellent progress on the backlog. Multiple sets of minutes will be presented for approval at the next meeting. We will also return with a discussion of Best Practices related to minutes at the meeting of September 24, 2015. Attachments: Submitted by: Elaine Doerfling, City Clerk Noted: Tom Bakaly, City Manager File #:REPORT 15-0610,Version:1 Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ 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 August 25, 2015 CHECK REGISTERS (Finance Director Viki Copeland) Recommended Action: To ratify the following check registers. Attachments: 1.Check Register 7-23-2015 2.Check Register 7-23-2015 (a) 3.Check Register 7-30-2015 4.Check Register 8-6-2015 5.Check Register 8-13-2015 Approved: Viki Copeland, Finance Director File #:REPORT 15-0614,Version:1 Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ 07/23/2015 Check Register CITY OF HERMOSA BEACH 1 5:32:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78475 7/23/2015 00321 A T AND T 310 796-6526 Circuit Billing/Jul15 001-2101-4304 116.76 331 254-6071 Circuit Billing/Jul15 001-2101-4304 58.21 333 267-6155 Circuit Billing/Jul15 001-2101-4304 190.17 333 267-6160 Circuit Billing/Jul15 001-2101-4304 60.03 333 267-6161 Circuit Billing/Jul15 001-2101-4304 60.03 333 267-6164 Circuit Billing/Jul15 001-2101-4304 51.19 333 267-6165 Circuit Billing/Jul15 001-2101-4304 51.19 Total : 587.58 78476 7/23/2015 18034 ACADEMY OF MAGICAL ARTS, INC, THEEvent No. E08446 Fall/Winter Excursion Magic Castle 001-4601-4201 1,175.00 Total : 1,175.00 78477 7/23/2015 06290 AIR SOURCE INDUSTRIES INC 00649102 Oxygen Refill/Jun15 001-2201-4309 401.50 Total : 401.50 78478 7/23/2015 17965 AMGRAPH GROUP, INC 24008 4th of July Flags/Install/Remove 001-1101-4319 1,506.00 Total : 1,506.00 78479 7/23/2015 16660 ATHENS SERVICES HB4040180515-1 CITYWIDE SWEEPING & CLEANING/MAY15 001-3104-4201 13,696.15 001-3301-4201 5,427.67 001-3304-4201 1,257.64 001-6101-4201 1,341.00 1Page: 07/23/2015 Check Register CITY OF HERMOSA BEACH 2 5:32:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78479 7/23/2015 (Continued)16660 ATHENS SERVICES HB4040180515-2 CITYWIDE SWEEPING & CLEANING/MAY15 001-3104-4201 1,219.81 001-3301-4201 5,347.47 001-3304-4201 190.00 HB4040180615-2 CITYWIDE SWEEPING & CLEANING/JUN15 001-3104-4201 1,798.50 001-3301-4201 6,108.54 001-3304-4201 190.00 Total : 36,576.78 78480 7/23/2015 17271 BARROWS, PATRICK 7033 Instruct Pmt/5561-5564/July 001-4601-4221 3,731.40 Total : 3,731.40 78481 7/23/2015 14513 BEACHVOLLEYBALLCAMPS COM 7031 Instruct Pmt/Class Nos. 5630 & 5631 001-4601-4221 1,316.00 Total : 1,316.00 78482 7/23/2015 16992 BRANDMAN UNIVERSITY Student ID B00228437 Tuition/Crawford/Summer15 001-2201-4317 1,950.00 Student ID B00230523 Tuition/DeLosSantos/Summer 001-2201-4317 1,850.00 Total : 3,800.00 78483 7/23/2015 14229 BURRO CANYON SHOOTING PARK 766 Range Fees 6/23/15 001-2101-4201 140.00 Total : 140.00 78484 7/23/2015 00034 BUSINESS SYSTEMS CORP 297909 Storm Water Checklists 160-3102-4309 191.56 297935 Notice to Appear Citations 001-2101-4305 1,864.16 Total : 2,055.72 78485 7/23/2015 09632 CDWG WM17209 Yard/Paper Tray for Color Printer 001-6101-5402 427.72 2Page: 07/23/2015 Check Register CITY OF HERMOSA BEACH 3 5:32:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78485 7/23/2015 (Continued)09632 CDWG WM20399 Scanner for the Yard 001-6101-5401 474.15 WQ04356 Ink & Toner/Jul15 715-1206-4305 267.46 WQ13405 Ink & Toner/Jul15 715-1206-4305 968.10 Total : 2,137.43 78486 7/23/2015 16933 CHALLENGER SPORTS GROUP 7032 Instruct Pmt/Class Nos. 5586-5587 001-4601-4221 1,571.50 Total : 1,571.50 78487 7/23/2015 00634 CHEVRON AND TEXACO CARD SER 44804884 Gas Card Purchases/Jun15 715-2101-4310 541.88 Total : 541.88 78488 7/23/2015 16786 CI TECHNOLOGIES INC 5224 Internal Affairs Pro Annual Software 153-2106-4201 1,224.00 Total : 1,224.00 78489 7/23/2015 05970 COLLINS, DENNIS 6919 Instruct Pmt/5355/58/61/63/65/67 001-4601-4221 4,861.50 Total : 4,861.50 78490 7/23/2015 09436 COMPLETES PLUS 01TX2505 Auto Repair Parts/Jun15 715-3302-4311 20.46 01TX2823 Auto Repair Parts/Jul15 715-3302-4311 36.89 Total : 57.35 78491 7/23/2015 00364 DEPARTMENT OF JUSTICE 106460 Fingerprinting/Jun15 001-1203-4251 418.00 Total : 418.00 78492 7/23/2015 18263 DIV OF THE STATE ARCHITECT 4th Qtr Business License Fees/4th Qtr 001-6851 219.00 3Page: 07/23/2015 Check Register CITY OF HERMOSA BEACH 4 5:32:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 219.00 78492 7/23/2015 18263 DIV OF THE STATE ARCHITECT 78493 7/23/2015 19395 ESTEVEZ, ALEXIS J 06966 Video editing 001-1101-4319 900.00 Total : 900.00 78494 7/23/2015 17824 EXSEL PROMOTIONS INC Ref# Gavel Plq Gavel Plaque & Name Plate 001-1101-4319 147.15 Total : 147.15 78495 7/23/2015 10668 EXXON MOBIL FLEET GECC 41242125 Gas Card Purchases/May-Jun15 715-2101-4310 6,068.27 715-2201-4310 363.92 715-4202-4310 166.20 715-6101-4310 355.67 715-3302-4310 1,835.42 715-3104-4310 505.40 715-4601-4310 189.19 715-2601-4310 441.95 715-3102-4310 95.58 001-1250 129.86 Total : 10,151.46 78496 7/23/2015 16932 FAMILY THEATRE INC 2000255.003 Damage Deposit Return 001-2111 500.00 Total : 500.00 78497 7/23/2015 06344 FIRST CALL STAFFING SERVICES 00709-149465 Temp Services/Jul15 001-4101-4112 209.25 Total : 209.25 78498 7/23/2015 19389 FOWLER, NICOLE 7078 Transcribing Services/Jul15 001-1201-4201 104.00 Total : 104.00 78499 7/23/2015 19035 GROOMER, MARLENA 7080 Instruct Pmt/Class 5554/July 001-4601-4221 140.00 4Page: 07/23/2015 Check Register CITY OF HERMOSA BEACH 5 5:32:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 140.00 78499 7/23/2015 19035 GROOMER, MARLENA 78500 7/23/2015 11122 HDL SOFTWARE LLC 0009951-IN Business Lic Software Annual Maint 715-1206-4201 7,639.96 Total : 7,639.96 78501 7/23/2015 09130 HRBOKA, DENNIS 6899 Instruct Pmt/Class No. 5230 001-4601-4221 840.00 Total : 840.00 78502 7/23/2015 16742 INDEPENDENT STATIONERS IN-000536495 Office Supplies/Jul15 001-2101-4305 314.02 IN-000536496 Office Supplies/Jul15 001-2101-4305 818.59 IN-000537455 Office Supplies/Jul15 001-2101-4305 30.61 Total : 1,163.22 78503 7/23/2015 19372 INTEGRA REALTY RESOURCES - LOS 121-15-0183-0615 City Hall Bond Appraisal 001-1201-4201 10,000.00 Total : 10,000.00 78504 7/23/2015 19314 IPS GROUP INC 12154 Smart Meters 001-3302-5401 27,300.00 715-3302-4201 217,028.95 Total : 244,328.95 78505 7/23/2015 14929 L3 COMMUNICATIONS 0227020-IN In-Car Video Sys/Back Office Maint Agree 715-2101-4201 7,408.00 0227021-IN In-Car Video Sys/Maint Agree 715-2101-4201 3,000.00 0227022-IN In-Car Video Sys/Maint Agree 715-2101-4201 1,495.00 Total : 11,903.00 78506 7/23/2015 19396 LOMITA FEED INC PO 6848 CC Horse Troughs/4th of July 001-3301-4309 252.66 5Page: 07/23/2015 Check Register CITY OF HERMOSA BEACH 6 5:32:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 252.66 78506 7/23/2015 19396 LOMITA FEED INC 78507 7/23/2015 18274 MAGNUM VENTURE PARTNERS 7020 Instruct Pmt/Class Nos. 5249-5251 001-4601-4221 2,966.60 Total : 2,966.60 78508 7/23/2015 08170 MUNICIPAL MAINT. EQUIPMENT 0102055-IN Radiator for Unit 119G 715-3302-4311 608.39 Total : 608.39 78509 7/23/2015 19370 NATIONAL LIGHTING SOLUTIONS 2011212 Custom Arms for Lot A Poles 001-8651-4201 1,068.20 Total : 1,068.20 78510 7/23/2015 06210 NATIONAL NOTARY ASSOCIATION 694535/694538/694540 Errors&Omiss Ins Abbot Dinubilo 001-1121-4315 99.00 Total : 99.00 78511 7/23/2015 13114 OFFICE DEPOT 776613665001 Office Supplies/Jun15 001-1202-4305 123.25 Total : 123.25 78512 7/23/2015 16650 PAYPAL INC 41950335 Credit Processing - Prkg Meters/Jun15 001-3302-4201 1,123.12 001-3305-4201 970.98 001-3304-4201 1,089.80 Total : 3,183.90 78513 7/23/2015 00608 PEP BOYS 08141034120 Auto Supplies/Jun15 715-3102-5403 76.41 08141034210 Auto Supplies/Jun15 715-2101-4311 94.00 08141034288 Auto Supplies/Jul15 715-2101-4311 72.20 08141034361 Auto Supplies/Jul15 715-2601-4311 61.03 08141034411 Auto Supplies/Jul15 715-4206-4311 18.51 6Page: 07/23/2015 Check Register CITY OF HERMOSA BEACH 7 5:32:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 322.15 78513 7/23/2015 00608 PEP BOYS 78514 7/23/2015 18447 POSTMASTER 06864 Permit #460/Bulk Mail Replenish 001-1204-4305 3,000.00 Total : 3,000.00 78515 7/23/2015 11539 PROSUM TECHNOLOGY SERVICES 149169 Network Reorganization Consulting 715-1206-4201 2,635.00 Total : 2,635.00 78516 7/23/2015 17676 PRUDENTIAL OVERALL SUPPLY 40932779 Mats & Shop Towels/Jul15 001-2201-4309 27.18 40932780 Mats/Jul15 001-4204-4309 46.28 40932781 Mats/Jul15 001-3302-4309 29.78 40932782 Mats/Jul15 001-4204-4309 33.68 40932783 Shop Towels/Jul15 715-4206-4309 19.68 40932784 Uniform Rental/Jul15 001-4202-4314 43.69 40932785 Mats/Jul15 001-2101-4309 33.08 40932786 Mats/Jul15 001-3104-4309 24.18 40935287 Uniform Rental/Jul15 001-4202-4314 43.69 Total : 301.24 78517 7/23/2015 08768 QUADRANT SYSTEMS 150420 POS Software Support Jul15-Jun16 715-1206-4201 1,470.00 Total : 1,470.00 78518 7/23/2015 04800 RAY, JAY VINCENT 7049 Instruct Pmt/5671/84/85/5701/08/09 001-4601-4221 9,373.70 7Page: 07/23/2015 Check Register CITY OF HERMOSA BEACH 8 5:32:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 9,373.70 78518 7/23/2015 04800 RAY, JAY VINCENT 78519 7/23/2015 03353 SBCU VISA 095820 CC Webinar Regis/ D Lantzer 001-2201-4317 79.00 106-1421302-11442 CC Human Face of Big Data Book 001-1201-4305 18.00 106-384965-388103 CC Predictive Analytics: Excel Book 001-1201-4305 25.67 106-625097-614742 CC Using Data Science Book 001-1201-4305 27.55 106-7290779-09122 CC Naked Statistics Book 001-1201-4305 9.48 106779 CC Webinar/ D Lantzer-New EMS Imperative 001-2201-4317 12.95 110-5134912-18450 CC Fiesta Hermosa Table Covers 001-2101-4201 104.27 1106634 CC CERT Volunteer Luncheon Supplies 001-2201-5402 20.50 114-1590770-81018 CC Personal Storage Tower 001-2101-5402 188.88 114-1857018-37394 CC Microphone 001-2101-5402 174.38 114-3208694-68682 CC Polycom Phone 001-2101-5402 567.00 24630497 CC AutoRenew/Yearly Survey Subscription 001-2101-4201 -204.00 361910 CC Employee Dinner Prize 001-1203-4201 104.00 4095431 CC CERT Volunteer Luncheon Supplies 001-2201-5401 36.24 4859427 CC Senior Center Supplies 001-4601-4328 266.97 5036 CC Horse Troughs 001-3301-4309 252.66 671923851 CC CERT Volunteer Luncheon Supplies 001-2201-5401 107.90 8Page: 07/23/2015 Check Register CITY OF HERMOSA BEACH 9 5:32:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78519 7/23/2015 (Continued)03353 SBCU VISA 748599 CC Apparatus Ladder - FD 001-2201-4309 459.95 766380 CC Lockout Kit/ Fire Tools 001-2201-4350 117.99 8618600 CC Safety Step Ladder - FD 001-2201-5401 156.91 8XZTDR CC Airfare/ D Lantzer - Fire Chief's 001-2201-4317 500.00 93814705 CC Regis/ B Erwin - Fire Inspector Class 001-2201-4317 149.00 Appr Code 099691 CC Strategic Planning 001-1101-4305 287.95 Approval 171928 CC Frontier Committee Lunch 001-1201-4305 52.96 Approval 574224 CC Interview Panel Lunch 001-2101-4305 110.74 Approval 970593 CC Strategic Planning 001-1101-4305 200.82 Approve#382666 CC Employee Dinner 001-1203-4201 15.00 Approve#841503 CC Oral Board 001-1203-4201 66.83 Auth Code 245232 CC Employee Dinner 001-1203-4201 17.28 Auth# 147014 CC Employee Dinner 001-1203-4201 232.26 Auth#472204 CC Oral Board 001-1203-4201 127.53 CHK 657562 CC Interview Panel Refreshments 001-2101-4305 14.95 CHK 706566 CC Strategic Planning 001-1101-4305 29.90 CHK 712078 CC Strategic Planning 001-1101-4305 29.90 9Page: 07/23/2015 Check Register CITY OF HERMOSA BEACH 10 5:32:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78519 7/23/2015 (Continued)03353 SBCU VISA CHK 714115 CC Interview Panel Refreshments 001-2101-4305 14.95 CHK 730765 CC Strategic Planning (Staff) 001-1101-4305 29.90 Conf#277853 CC Train/Gaglia/Intern Affairs 001-2101-4312 333.45 Conf#84313794 CC Train/Frilot/Intern Affair Invest 001-2101-4312 300.38 Cust#16282283 CC Laptop Computer 001-2101-5402 1,528.91 EC071841-OFM CC Guest Chair 001-2101-5402 811.92 Flowers CC Employee Dinner 001-1203-4201 103.55 IC30411-0515 CC Teleconference Services/May15 001-1201-4304 8.16 ID#0244493 CC Council Meeting 001-1101-4305 157.76 ID#0338754 CC Interview Panel Lunch 001-2101-4305 103.20 INV# 17037227 CC Television for Conference Room 001-2101-5402 1,566.93 Inv#000014 CC Strategic Planning 001-1101-4305 55.00 INV#000031 CC Neighborhood Watch Meeting Food 001-2101-4201 150.00 Inv#1431759 CC Community Economic Development Handbook 001-1201-4305 49.45 INV#17037009 CC USB Ethernet Cable 001-2101-4305 61.02 Inv#30792243 CC Business Cards/A. Koger 001-2101-4305 34.70 Invoice 0007 CC Strategic Planning 001-1101-4305 141.70 10Page: 07/23/2015 Check Register CITY OF HERMOSA BEACH 11 5:32:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78519 7/23/2015 (Continued)03353 SBCU VISA Invoice 245197 CC Strategic Planning 001-1101-4305 40.98 Invoice No 966527 CC PCI Compliance Scan/CLASS/HdL 715-1206-4201 199.98 Metro Express CC Metro Express Lanes Renewal 001-2101-4305 40.00 Order #426 CC Advertisement 001-1203-4201 185.00 Order 10561667102 CC Volunteer Luncheon Supplies 001-2201-5401 9.99 Order No. 409714 CC Employee Dinner Prizes - Knott's Tickets 001-1203-4201 143.80 Order#429112735 CC Film in California Conference 001-1201-4201 80.12 Order#MGFXVSYL3J CC Senior Center Movie Rental/Jun15 001-4601-4328 8.98 OrderIDMGFXYDH0JV CCSenior Center Movie Rental/Jun15 001-4601-4328 3.99 OrderIDMGFY1TXSWW CCSenior Center Movie Rental/Jun15 001-4601-4328 3.99 OrderIDMGFY43KKL9 CCSenior Center Movie Rental/Jun15 001-4601-4328 4.99 PO 6827 CC Hermosa Five-0 Yoga Equipment 001-4601-4328 63.44 PO 6831 CC Active Shooter Trauma Kits 001-2101-4305 936.92 PO 6867 CC Dell Computer Optiplex 9020M 001-2101-5402 1,031.40 Receipt#5614-3281 CC Firearms Training Manual 001-2101-4317 30.60 RecID164647470399 CC Membership Dues 001-1201-4315 400.00 REF 2700199005 CC Strategic Planning 001-1101-4305 40.48 11Page: 07/23/2015 Check Register CITY OF HERMOSA BEACH 12 5:32:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78519 7/23/2015 (Continued)03353 SBCU VISA REF 28001799006 CC Strategic Planning 001-1101-4305 15.02 Ref 47001922045 CC Oral Board 001-1203-4201 16.98 Ref 55001689254 CC Employee Dinner 001-1203-4201 122.18 REF 83001693732 CC Strategic Planning 001-1101-4305 5.00 Ref 95001915043 CC Oral Board 001-1203-4201 9.81 REF# 072887 CC Interview Panel Refreshments 001-2101-4305 21.97 REF#887858 CC Interview Panel Refreshments 001-2101-4305 10.98 Smart & Final CC Employee Recognition Dinner 001-1203-4201 41.94 Stater Bros CC Employee Dinner 001-1203-4201 32.86 TR 431 CC Bakaly/Conference Registration 001-1201-4317 655.00 TR 432 CC Bakaly/Annual Conference Registration 001-1550 650.00 TR 435 Airfare CC De Anda-Scaia/ICMA Conference/Air 001-1550 176.20 TR 435 CC De Anda-Scaia/Conference Registration 001-1550 570.00 TR 436 Register CC Tucker/Conference Registration 001-1550 500.00 TranID8350818363 CC Parking/Fire Chief Meeting 001-2201-4317 21.00 TRN#8284 CC Strategic Planning 001-1101-4305 7.62 12Page: 07/23/2015 Check Register CITY OF HERMOSA BEACH 13 5:32:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78519 7/23/2015 (Continued)03353 SBCU VISA Vons CC Strategic Planning 001-1101-4305 105.50 001-1203-4201 15.67 001-2101-4305 25.00 Total : 16,039.79 78520 7/23/2015 18220 SCOTT ROBINSON CHRYSLER 60198 Vehicle Repair Parts/Jul15 715-3302-4311 143.01 60388 Vehicle Repair Parts/Jul15 715-3302-4311 11.34 Total : 154.35 78521 7/23/2015 10232 SPICERS PAPER INC 1156376 Paper 001-1208-4305 1,357.70 Total : 1,357.70 78522 7/23/2015 18036 SPORTS CAMP MANAGEMENT 7048 Instruct Pmt/5472/5473 001-4601-4221 3,710.00 Total : 3,710.00 78523 7/23/2015 10098 SPRINT NEXTEL COMMUNICATIONS 371554311-164 FD/Cell Phones/Jun15 001-2201-4304 370.09 Total : 370.09 78524 7/23/2015 15398 SRK PROMOTIONAL ADVERTISING 3199 Polo Shirt/Vela 001-2101-4314 34.88 Total : 34.88 78525 7/23/2015 14019 SUNSTATE EQUIPMENT COMPANY 6204519-001 Tool Rental/Chipping Hammer/Chisel Bit 001-3104-4309 81.18 Total : 81.18 78526 7/23/2015 14148 UPS 000023R146265 Autocite Repair Shipping/May & Jun15 001-3302-4305 30.41 Total : 30.41 78527 7/23/2015 01938 V AND V MANUFACTURING 41348 Police Hat Badges 13Page: 07/23/2015 Check Register CITY OF HERMOSA BEACH 14 5:32:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78527 7/23/2015 (Continued)01938 V AND V MANUFACTURING 001-2101-4314 527.31 Total : 527.31 78528 7/23/2015 17331 VALLEY POWER SYSTEMS INC I21444 027844 E-12 Mirror Repairs 715-2201-4201 671.50 Total : 671.50 78529 7/23/2015 18666 VERIZON BUSINESS SERVICES 69484831 Bard/VoIP Services/May15 001-2201-4304 71.06 69485635 EOC Gym/VoIP Services/May15 001-2201-4304 60.76 Total : 131.82 78530 7/23/2015 00015 VERIZON CALIFORNIA 1288513489 EOC Telecommunications/Jul15 001-2201-4304 255.27 310 406-2421 Circuit Billing/Jul15 001-2101-4304 61.23 310 RT0-0181 Circuit Billing/Jul15 001-2101-4304 62.15 Total : 378.65 78531 7/23/2015 03209 VERIZON WIRELESS LA 9747425556 LCM 12 Lead/Jun15 001-2201-4304 88.14 9747426871 ElectronicPatientReport/Jun15 001-2201-4304 317.61 Total : 405.75 78532 7/23/2015 15188 WILLDAN FINANCIAL SERVICES 010-28035 District Admin/4th Qtr 135-1219-4201 759.75 137-1219-4201 479.82 136-1219-4201 301.12 139-1219-4201 339.61 Total : 1,880.30 78533 7/23/2015 16729 ZAPPIA LAW FIRM APC, THE 15-05-30 Legal, RE: Personnel Matters/May15 001-1203-4201 19,652.18 14Page: 07/23/2015 Check Register CITY OF HERMOSA BEACH 15 5:32:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 19,652.18 78533 7/23/2015 16729 ZAPPIA LAW FIRM APC, THE 78534 7/23/2015 01206 ZUMAR INDUSTRIES 0159389 Street Sign Maint Material/Jun15 001-3104-4309 100.81 0159390 Street Sign Maint Material/Jul15 001-3104-4309 117.63 0159391 Street Sign Maint Material/Jul15 001-3104-4309 106.12 0159714 Street Sign Maint Material/Jul15 001-3104-4309 485.82 Total : 810.38 7202015 7/20/2015 00243 HERMOSA BEACH PAYROLL ACCOUNT 07202015 PAYROLL 7/1/2015 TO 7/15/2015 145-1103 87.89 152-1103 55.96 160-1103 1,970.68 161-1103 1,434.62 705-1103 2,279.86 715-1103 2,970.19 001-1103 515,932.81 105-1103 3,480.99 117-1103 1,462.31 Total : 529,675.31 800083096 6/29/2015 00170 SOUTHERN CALIFORNIA GAS CO 097 904 5900 3 Gas Bill - 5/11/15-6/10/15 001-4204-4303 177.95 Total : 177.95 1571344102 7/22/2015 14691 ADMINSURE AS AGENT FOR THE 7/20/15 Workers Comp Claims Reimb/Jul15 705-1217-4324 11,423.28 Total : 11,423.28 Bank total : 963,264.55 63 Vouchers for bank code :boa 963,264.55Total vouchers :Vouchers in this report 63 15Page: 07/23/2015 Check Register CITY OF HERMOSA BEACH 16 5:32:48PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 16 inclusive, of the check register for 7/23/15 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 8/17/15 16Page: 07/23/2015 Check Register CITY OF HERMOSA BEACH 1 5:55:59PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78535 7/23/2015 19313 VT ELECTRIC INC Progress Pmt No. 1 CIP13-656/Prog Pmt No. 1 715-8656-4201 131,494.20 Total : 131,494.20 Bank total : 131,494.20 1 Vouchers for bank code :boa 131,494.20Total 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 7-23-15 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 8/17/15 1Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 1 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78536 7/30/2015 00321 A T AND T 248 134-9454 Circuit Billing/Jul15 001-2101-4304 27.41 Total : 27.41 78537 7/30/2015 11437 ADMINISTRATIVE SERVICES CO OP 324350 Taxi Voucher Program/May15 145-3404-4201 6,376.80 324830 Taxi Voucher Program - Jun15 145-3404-4201 5,891.22 Total : 12,268.02 78538 7/30/2015 04715 ADMINSURE 8676 Insurance Claims Admin/Jul15 705-1209-4201 1,300.00 705-1217-4201 5,795.00 Total : 7,095.00 78539 7/30/2015 06290 AIR SOURCE INDUSTRIES INC 00648629 Acct00257/Oxygen Refill/Jun15 001-2201-4309 363.70 Total : 363.70 78540 7/30/2015 11359 ALKADIS, CHRISTOPHER 7072 Train/Meal Reimb/Internal Affairs 001-2101-4312 45.00 Total : 45.00 78541 7/30/2015 14898 AOKI, ELAYNE 7102 Tuition Reimb/Summer Session A 001-2101-4317 1,537.85 Total : 1,537.85 78542 7/30/2015 09366 AQUA FLO 794933 Irrigation Supplies/Jul15 001-6101-4309 488.70 796821 Irrigation Supplies/Jul15 001-6101-4309 105.26 801657 Irrigation Supplies/Jul15 001-6101-4309 317.25 Total : 911.21 78543 7/30/2015 18891 ASCENT ELEVATOR SERVICES, INC 6307 Elevator Maintenance/Jul15 1Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 2 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78543 7/30/2015 (Continued)18891 ASCENT ELEVATOR SERVICES, INC 001-3304-4201 136.00 001-4204-4201 136.00 6408 Parking Structure Elevator Emergency 001-3304-4201 1,080.00 Total : 1,352.00 78544 7/30/2015 08614 ASPEN ENVIRONMENTAL GROUP 3283.001-05 Transpacific Fiber Optic/May15 001-2108 20,505.20 Total : 20,505.20 78545 7/30/2015 13361 AT&T MOBILITY 287016141723X071420 Engineers/Cell Phones/Jun15 001-4202-4304 230.62 287261798668X0708201 PW/Yard/Cell Phones/Jun15 001-4202-4304 735.34 Total : 965.96 78546 7/30/2015 16660 ATHENS SERVICES 4040180514-4 Pier Plaza Soccer Event/Extra Porter 001-3301-4201 302.73 HB4040180315-2 St. Patrick's Day Parade/Extra Services 001-3301-4201 400.00 Total : 702.73 78547 7/30/2015 17271 BARROWS, PATRICK 7116 Instruct Pmt/5565-5568 001-4601-4221 2,769.20 Total : 2,769.20 78548 7/30/2015 16371 BEACH GIRL PROPERTIES LLC 142 Parking Meters - 70 14th Street/Jul15 001-3842 650.00 Total : 650.00 78549 7/30/2015 18444 BELASCO THEATRE COMPANY 1001038.003 Theatre Damage Deposit Refund 001-2111 250.00 Total : 250.00 78550 7/30/2015 13904 BOOMERS IRVINE 0000026031 Day Camp Excursion 7/29/15 001-4601-4201 1,015.07 2Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 3 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 1,015.07 78550 7/30/2015 13904 BOOMERS IRVINE 78551 7/30/2015 08482 BOUNDTREE MEDICAL LLC 81826995 Medical Supplies - Jun15 001-2201-4309 509.24 81834410 Medical Supplies - Jul15 001-2201-4309 32.43 81836133 Medical Supplies - Jul15 001-2201-4309 359.63 81839565 Medical Supplies - Jul15 001-2201-4309 796.37 Total : 1,697.67 78552 7/30/2015 17562 BOWEN, TIMOTHY D 7118 Instruct Pmt/5493/5494 001-4601-4221 3,194.10 Total : 3,194.10 78553 7/30/2015 19393 BREATHE SAFE ENVIRONMENTAL 1338.002.150709 Fit Test & Training/Jun15 001-2201-4201 720.00 Total : 720.00 78554 7/30/2015 09614 BROMBERG, GEORGE 71015 300&500' Notice/July 21st Meeting 001-4101-4201 1,499.00 Total : 1,499.00 78555 7/30/2015 19090 BUCKNAM INFRASTRUCTURE GROUP,332-01.03 Pavement Mgmt/Mar15 146-4208-4201 2,463.60 332-01.04 Pavement Mgmt/Apr15 146-4208-4201 2,612.35 332-01.05 Pavement Mgmt/May15 146-4208-4201 525.00 332-01.06 Pavement Mgmt/Jun15 146-4208-4201 863.89 Total : 6,464.84 78556 7/30/2015 00034 BUSINESS SYSTEMS CORP 297908 Money Envelopes for Jail 001-2101-4305 389.30 3Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 4 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78556 7/30/2015 (Continued)00034 BUSINESS SYSTEMS CORP 297960 Evidence Envelopes 001-2101-4305 260.68 297961 Manila Catalog Envelopes 001-2101-4305 311.97 297962 Alarm Notices 001-2101-4305 214.99 Total : 1,176.94 78557 7/30/2015 15663 CALIFORNIA BUILDING STANDARDS 7046 Bldg Standards Admin Fee Report/4th Qtr 001-3204 660.60 Total : 660.60 78558 7/30/2015 00016 CALIFORNIA WATER SERVICE 4286211111 Water Usage - May15 105-2601-4303 2,554.27 001-6101-4303 18,591.54 001-4204-4303 1,320.45 001-3304-4303 142.78 Total : 22,609.04 78559 7/30/2015 10838 CANON BUSINESS SOLUTIONS, INC 4016332629 Copier Maintenance/Records/4th Qtr 715-2101-4201 446.05 Total : 446.05 78560 7/30/2015 11393 CARTER, TRACEY 7103 Tuition Reimb/Fall 2015 001-2101-4317 1,657.38 Total : 1,657.38 78561 7/30/2015 09632 CDWG WF90423 iPads for Dept Heads and IT 715-1206-5401 4,454.26 WH70569 Digital Cameras 001-2101-4305 168.32 WJ33005 Keyfolios for iPads 715-1206-5401 403.90 WL79951 Keyfolios for iPads 715-1206-5401 161.56 4Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 5 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78561 7/30/2015 (Continued)09632 CDWG WN52916 Digital Cameras 001-2101-4305 252.50 WR13844 Scanner for Cashier 715-1206-5401 1,896.60 Total : 7,337.14 78562 7/30/2015 16167 CIVIL SOURCE INC 1017-0490-1 Inspection Services/Apr15 001-4202-4201 1,890.00 1017-0498-1 Inspection Services/Apr15 001-4202-4201 2,030.00 1017-0498-2 Inspection Services/May15 001-4202-4201 6,720.00 1017-403-15 CIP Engineer/Charlone/Damasse/May15 001-4202-4201 18,423.00 1017-403-16 CIP Engineering Staff/Damasse/Jun15 001-4202-4201 13,172.00 Total : 42,235.00 78563 7/30/2015 14850 CORDOVA, JOHN 7156 Tuition Reimb/Aug15-Dec15 001-4202-4317 161.00 Total : 161.00 78564 7/30/2015 02823 CRAWFORD, JAMES 7087 Reimb/Textbook/Summer Session 001-2201-4317 148.25 Total : 148.25 78565 7/30/2015 18627 CREATIVE INSTINCT INC 12014 Custom Trading Cards/K9 Keefe 001-2101-4201 103.00 Total : 103.00 78566 7/30/2015 19444 CROTTY, CRAIG R 7/3/15 90 18th St Tree Arborist Report 105-2601-4201 200.00 Total : 200.00 78567 7/30/2015 00349 CSULB FOUNDATION 7070 Train/Garkow/Alkadis/Internal Affairs 001-2101-4312 682.00 5Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 6 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 682.00 78567 7/30/2015 00349 CSULB FOUNDATION 78568 7/30/2015 14171 DAVOODIAN, MICHAEL 110861 Fall/Winter 15/16 Recreation Tri-Folds 001-4601-4302 1,570.66 Total : 1,570.66 78569 7/30/2015 00049 DEPARTMENT OF CONSERVATION 7052 Strong Motion Mapping Fee/4th Qtr 001-3204 2,083.93 Total : 2,083.93 78570 7/30/2015 00267 DEPARTMENT OF TRANSPORTATION SL150993 Highway Maint/4th Qtr 105-2601-4251 3,046.74 Total : 3,046.74 78571 7/30/2015 00122 DUNCAN PARKING TECHNOLOGIES DPT022893 Wireless Services/Handhelds/Jul15 001-3302-4201 680.00 DPT022937 PayBySpace Meters/Jul15 001-3302-4201 47.00 001-3305-4201 188.00 001-3304-4201 423.00 DPT022987 PayBySpace Meters/Jul15 001-3302-4201 1,487.50 Total : 2,825.50 78572 7/30/2015 19434 DUO-SAFETY LADDER CORPORATION 451515-00 Ladders 001-2201-5401 633.05 Total : 633.05 78573 7/30/2015 00181 EASY READER Statement No. 2983 May Legal Ads 001-1121-4323 1,488.58 Total : 1,488.58 78574 7/30/2015 07853 EMPIRE PIPE CLEANING AND EQUIP 9985 Sewer Line Cleaning/Jun15 160-3102-4201 5,779.35 Total : 5,779.35 78575 7/30/2015 06344 FIRST CALL STAFFING SERVICES 00709-149559 Temp Services/Jul15 001-4101-4112 465.00 6Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 7 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78575 7/30/2015 (Continued)06344 FIRST CALL STAFFING SERVICES 00709-149654 Temp Services/Jul15 001-4101-4112 465.00 Total : 930.00 78576 7/30/2015 15573 FONTIS SOLUTIONS INV235470 Illegal Parking Postcards 001-1204-4305 823.27 Total : 823.27 78577 7/30/2015 09171 GARKOW, DEAN 7071 Train/Meal Reimb/Internal Affairs 001-2101-4312 45.00 Total : 45.00 78578 7/30/2015 14713 GEOSYNTEC CONSULTANTS 1415447 STORMWATER & NPDES PROG ADMIN/APR&MAY15 160-3102-4201 15,910.72 Total : 15,910.72 78579 7/30/2015 14589 GRANICUS INC 65756 Managed Services/1st Qtr 715-1206-4201 6,122.16 Total : 6,122.16 78580 7/30/2015 19317 GREEN GIANT LANDSCAPE INC 1140-5 CIP 11-537/South Park/Pmt#4 001-8537-4201 44,128.54 301-8537-4201 44,128.55 Total : 88,257.09 78581 7/30/2015 19435 GROAT, MARIANNE 2000261.003 Reservation Refund/Valley Park 001-2111 60.00 Total : 60.00 78582 7/30/2015 02102 HARRIS & ASSOCIATES 28430 CIP 14-173/8th St Improve/Apr15 122-8173-4201 37,580.00 28763 CIP 14-173/8th St Improve/May15 122-8173-4201 11,750.00 29025 CIP 14-173/8th St Improve/Jun15 122-8173-4201 9,090.00 Total : 58,420.00 7Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 8 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78583 7/30/2015 13074 HAUHE, MARK S. & JAN L.2000273.003 Refund/Tennis Account Balance 001-2111 5.00 Total : 5.00 78584 7/30/2015 03432 HOME DEPOT CREDIT SERVICES 12658 Hardware Supplies - Jun15 001-4204-4309 123.56 4141245 Hardware Supplies - Jun15 001-4204-4309 117.63 5223025 Hardware Supplies - Jun15 001-6101-4309 65.01 6012126 Hardware Supplies - May15 001-3104-4309 297.61 Total : 603.81 78585 7/30/2015 15141 HONDA MD INC, STEPHAN T 00025898-00 Medical Services - Jun15 001-2101-4201 133.40 Total : 133.40 78586 7/30/2015 10909 HUB INTERNATIONAL 7105 Diversified Risk Insurance/Jun15 001-3897 80.50 Total : 80.50 78587 7/30/2015 11001 ICRMA 2016-0012 15/16 City Insurance Premiums 705-1209-4201 801,486.00 Total : 801,486.00 78588 7/30/2015 19437 INDUSTRIAL LOCK AND SECURITY 41894 Emergency Parking Meter Repair 001-3302-4305 555.00 Total : 555.00 78589 7/30/2015 17441 INTELLIBRIDGE PARTNERS LLC 209754 Benefits/Fisc Hlth&Budget Mod 001-1202-4201 3,300.00 Total : 3,300.00 78590 7/30/2015 19442 JORDAN, PAUL 2000276.003 Damage Deposit Return 001-2111 50.00 Total : 50.00 8Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 9 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78591 7/30/2015 00843 L.A. COUNTY METROPOLITAN 800061106 Bus Pass & Stamp Sales/May15 145-3403-4251 183.00 800061252 Bus Pass & Stamp Sales/Jun15 145-3403-4251 183.00 Total : 366.00 78592 7/30/2015 00850 L.N. CURTIS & SONS 1358917-00 G-Force Nozzle 001-2201-5401 539.55 1358919-00 G-Force Nozzle 001-2201-5401 539.55 Total : 1,079.10 78593 7/30/2015 19439 LA AREA FIRE CHIEFS ASSOC 7096 15/16 Annual Fire Chief Dues 001-2201-4315 1,250.00 Total : 1,250.00 78594 7/30/2015 00118 LA SUPERIOR COURT - TORRANCE 7053 Citation Surcharges/Jun15 001-3302 57,938.70 Total : 57,938.70 78595 7/30/2015 12528 LAKIN TIRE WEST INC.391425 Used Tire Removal/Jul15 715-4206-4201 224.00 Total : 224.00 78596 7/30/2015 10677 LAWRENCE, LARRY CDBG Jun15 Staff Support Services/CDBG/Jun15 001-4101-4201 399.50 Skechers Jun15 Staff Support Services/Skechers/Jun15 001-4101-4201 756.50 Total : 1,156.00 78597 7/30/2015 19333 LIFTLINE CAPITAL LLC 575093 Storm Drain Stencils 160-3102-4309 143.75 Total : 143.75 78598 7/30/2015 18595 MADANI, MIKE July 2015 Car Washes/May-Jun15 715-2101-4311 44.00 Total : 44.00 9Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 10 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78599 7/30/2015 18312 MANIACI INSURANCE SERVICES 646 Benefits Connect Services/Jun15 001-1203-4201 566.10 Total : 566.10 78600 7/30/2015 00289 MARTIN AND CHAPMAN CO 2015213 Consult Fees/Election Supplies 001-1121-4251 578.85 Total : 578.85 78601 7/30/2015 13658 MBF CONSULTING INC 1100-770 CIP 14-402/Sewer/Storm Drain 160-3102-4201 5,040.00 1100-771 CIP 14-128 Street Improve/Jun15 001-8128-4201 4,875.00 Total : 9,915.00 78602 7/30/2015 18071 MERCHANTS LANDSCAPE SERVICES 45571 LANDSCAPE SERVICES/MAY15 001-6101-4201 16,190.00 45572 LANDSCAPE SERVICES/MAY15 105-2601-4201 3,306.00 45821 LANDSCAPE SERVICES/JUN15 001-6101-4201 16,190.00 45822 LANDSCAPE SERVICES/JUN15 105-2601-4201 3,306.00 Total : 38,992.00 78603 7/30/2015 15894 MICHELSON ENVIRONMENTAL, INC 20245 Water Monitoring/Pier Repairs/Apr15 122-8659-4201 3,671.00 20354 Water Monitoring/Pier Repairs/May15 122-8659-4201 1,932.50 Total : 5,603.50 78604 7/30/2015 16541 MID-CITY MAILING SERVICES CORP 21375 7/28/15 Public Hearing Notices 001-1121-4323 690.36 Total : 690.36 78605 7/30/2015 13791 MONTROSE AND ASSOCIATES INC 25267 Camera Repair/Jun15 715-4204-4201 270.00 10Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 11 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 270.00 78605 7/30/2015 13791 MONTROSE AND ASSOCIATES INC 78606 7/30/2015 19332 MORE PREPARED LLC I-5827 CERT Embroidered Patches 001-2201-5402 65.40 Total : 65.40 78607 7/30/2015 19370 NATIONAL LIGHTING SOLUTIONS 2011074 Sales Tax/Brighter Lights for Lot A 001-3301-4309 446.31 Total : 446.31 78608 7/30/2015 18996 NUVIS LANDSCAPE ARCHITECTURE 20010 Surf Legends Plans/Specs/Pmt8/Jun15 150-8661-4201 3,760.00 Total : 3,760.00 78609 7/30/2015 13114 OFFICE DEPOT 777268687001 Table & Storage Cabinet 001-4601-4305 937.37 Total : 937.37 78610 7/30/2015 14693 PARS PUBLIC AGENCY RETIREMENT, US BANK32027 PARS/ARS Admin/PlanIDSE-ARS07A/May15 001-1101-4185 4.88 001-1201-4185 51.44 001-2201-4185 72.12 001-3302-4185 32.09 001-4204-4185 45.19 001-4601-4185 94.28 Total : 300.00 78611 7/30/2015 00608 PEP BOYS 08141034691 Auto Supplies/Jul15 715-3302-4311 72.20 Total : 72.20 78612 7/30/2015 13309 PEREZ, SHAWN 7115 Instruct Pmt/5523/5525 001-4601-4221 546.00 Total : 546.00 78613 7/30/2015 17327 PIPELINE ANALYTICS 260 Wincan Software Annual Maintenance 160-3102-4201 1,500.00 11Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 12 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 1,500.00 78613 7/30/2015 17327 PIPELINE ANALYTICS 78614 7/30/2015 18447 POSTMASTER 7128 Bulk Permit 52/Postage Refill 001-4601-4302 2,100.00 Total : 2,100.00 78615 7/30/2015 11539 PROSUM TECHNOLOGY SERVICES 149120 IT Support/Jun15 715-1206-4201 12,659.00 Total : 12,659.00 78616 7/30/2015 01911 PROVIDENCE MEDICAL INSTITUTE Account 1010127 Medical Services/Jun15 001-2101-4201 730.00 Total : 730.00 78617 7/30/2015 16511 PUBLIC ENGINES INC 21757 CommandCentral Analytics Annual Renewal 153-2106-4201 5,835.00 Total : 5,835.00 78618 7/30/2015 09852 QUANTUM CONSULTING HB15.006 MAY15 PCH/Aviation Mobility Improve/May15 146-8143-4201 8,185.00 Total : 8,185.00 78619 7/30/2015 18223 RAIMI AND ASSOCIATES INC 15-1011 Planning Consult/May15 001-4101-4201 8,945.55 15-1016 Planning Consult/City/Gen Plan 001-4104-4201 53,032.26 15-1027 Planning Consult/LCP/May15 150-4107-4201 100.00 Total : 62,077.81 78620 7/30/2015 09090 RDJ SPECIALTIES INC 085996 Fire Prevention Week/Pencils 001-2201-4305 355.89 Total : 355.89 78621 7/30/2015 19379 RED HELMET TRAINING TR 444 Registration Train/Surber/Fire Mgmt 1 001-1550 225.00 TR 445 Registration Train/Surber/Training Instructor I 001-1550 225.00 12Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 13 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 450.00 78621 7/30/2015 19379 RED HELMET TRAINING 78622 7/30/2015 18155 RICE, MARIE 002-00002820 Petition Deposit Refund 001-2110 200.00 Total : 200.00 78623 7/30/2015 19210 RINCON CONSULTANTS INC 22730 Skechers/Feb15 001-2107 10,130.00 23401 Skechers/Mar15-May15 001-2107 37,141.13 Total : 47,271.13 78624 7/30/2015 02500 S AND J SALES 13464 Batteries for UPS System for PD Server 001-2101-4201 5,868.00 Total : 5,868.00 78625 7/30/2015 00839 SAXE CLIFFORD PH D, SUSAN 15-0708-1 Pre-Employment Exam/Jul15 001-2101-4201 450.00 Total : 450.00 78626 7/30/2015 03353 SBCU VISA 7132 CC D. Lantzer/Registration/Exceeding 001-2201-4317 200.00 7133 CC A. Marks/Annual Membership 001-2201-4315 65.00 7134 CC J. Crawford/Annual Membership 001-2201-4315 65.00 7136 CC B. Erwin/Fire Inspector Classes 001-2201-4317 275.00 7137 CC Tiger Tooth Diamond Demo Rescue Blades 001-2201-5401 411.86 7139 CC Field Ops Guides 001-2201-4317 254.97 7142 CC Firepsyche Books 001-2201-4317 71.50 TR 429 Hotel CC Lodging/Lantzer/Hazard Zone 001-1550 189.74 13Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 14 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78626 7/30/2015 (Continued)03353 SBCU VISA TR 429 Reg CC Lantzer/Train/Hazard Zone 001-1550 495.00 TR 441 Hotel CC Lodging/Grebbian/Hazard Zone 001-1550 189.74 TR 441 Regis CC Train/Grebbian/Hazard Zone 001-1550 495.00 TR 442 Hotel CC Lodging/delosSantos/Hazard Zone 001-1550 189.74 TR 442 Regis CC Train/delosSantos/Hazard Zone 001-1550 495.00 Total : 3,397.55 78627 7/30/2015 16568 SHAW, MARILYN 2000259.003 Excursion Ticket Cancellation 001-2111 5.00 Total : 5.00 78628 7/30/2015 19186 SHOOTING RANGE INDUSTRIES LLC 15-115-2 Modular Shooting Range/2nd Pmt 153-2106-5405 24,211.26 170-2103-5405 129,092.40 001-2101-5405 18,407.43 Total : 171,711.09 78629 7/30/2015 19438 SOLOMAN, EDWARD 7061 Citation Refund 001-3302 48.00 Total : 48.00 78630 7/30/2015 10764 SOUTH BAY CENTER FOR June 30 2015 Dispute Resolution/4th Qtr 001-1132-4201 1,850.00 Total : 1,850.00 78631 7/30/2015 07704 SOUTH BAY CHILDRENS HEALTH CTR 7090 FY 15/16 Donation/South Bay Youth 001-2101-4201 4,000.00 Total : 4,000.00 78632 7/30/2015 08812 SOUTH BAY REGIONAL PUBLIC COMM 02705 Radio Repair 001-2101-4307 87.95 14Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 15 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 87.95 78632 7/30/2015 08812 SOUTH BAY REGIONAL PUBLIC COMM 78633 7/30/2015 00146 SPARKLETTS 4472788 062515 Drinking Water/Jun15 001-4601-4305 206.77 Total : 206.77 78634 7/30/2015 15212 SPLASH WATERPARK Contract No. 12129 Summer Camp Excursion 7/22 Balance 001-4601-4201 320.85 Total : 320.85 78635 7/30/2015 18036 SPORTS CAMP MANAGEMENT 7166 Instruct Pmt/5474/5475/5484 001-4601-4221 3,955.00 Total : 3,955.00 78636 7/30/2015 10098 SPRINT NEXTEL COMMUNICATIONS 269424317-163 PD/Trunk Modems/Jun15 153-2106-4201 420.00 551834312-163 CommRes/Cell Phone Usage/Jun15 001-4601-4304 160.28 Total : 580.28 78637 7/30/2015 19441 STAAL, NOELLE 1002269.001 Class Refund 001-2111 150.00 Total : 150.00 78638 7/30/2015 18210 STANTEC CONSULTING 918175 PCH/Aviation Improvements/May15 147-8160-4201 408.00 Total : 408.00 78639 7/30/2015 13150 STRYKER EMS 1743635M Cot Hardware 001-2201-5405 1,504.20 Total : 1,504.20 78640 7/30/2015 19082 T MOBILE 946625962 PD/CSOs/Cell Phones/Jul15 001-2101-4201 700.18 001-3302-4304 49.92 Total : 750.10 78641 7/30/2015 19443 TAMBE, SHARADA PO 7190/TR 430 Tambe/Travel Reimb/ESRI User Conf 15Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 16 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78641 7/30/2015 (Continued)19443 TAMBE, SHARADA 001-4202-4317 731.20 Total : 731.20 78642 7/30/2015 19158 THE COPY SHOP 43340 Erwin/Biz Cards 001-2201-4305 81.75 Total : 81.75 78643 7/30/2015 15277 TIME WARNER CABLE 8448 30 030 0049969 PD/Cable/Jul15 001-2101-4201 63.96 8448 30 030 0340764 FD/Cable/Jul15 001-2201-4201 142.55 8448 30 030 046247 City Hall/Cable/Aug15 715-4204-4201 88.37 Total : 294.88 78644 7/30/2015 11102 TORRANCE WHOLESALE NURSERY 521569 Landscape Materials/Jul15 105-2601-4309 218.00 Total : 218.00 78645 7/30/2015 08207 UNDERGROUND SERVICE ALERT 620150319 Underground Service Alert/Jun15 160-3102-4201 88.50 Total : 88.50 78646 7/30/2015 10785 UNITED STORM WATER INC SW30295 Storm Drain Maintenance/May15 160-3102-4201 8,142.00 Total : 8,142.00 78647 7/30/2015 18666 VERIZON BUSINESS SERVICES 69484104 VoIP Services/City Hall/May15 16Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 17 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78647 7/30/2015 (Continued)18666 VERIZON BUSINESS SERVICES 001-1101-4304 37.55 001-1121-4304 59.39 001-1132-4304 17.77 001-1141-4304 35.56 001-1201-4304 110.13 001-1202-4304 88.88 001-1203-4304 71.04 001-1204-4304 106.55 001-1208-4304 6.59 001-2101-4304 748.47 001-2201-4304 210.67 001-4101-4304 130.50 001-4201-4304 130.96 001-4202-4304 202.00 001-4204-4321 17.78 715-1206-4304 17.75 69484232 Base3/VoIP Services/May15 001-3302-4304 88.84 69484300 CommSrvcs/VoIP Services/May15 001-4601-4304 137.02 69484334 VoIP Services/Yard/May15 001-4202-4304 142.17 Total : 2,359.62 78648 7/30/2015 00015 VERIZON CALIFORNIA 310 318-6379 Phone Charges/City Hall/Jul15 17Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 18 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78648 7/30/2015 (Continued)00015 VERIZON CALIFORNIA 001-1121-4304 5.34 001-1132-4304 2.83 001-1141-4304 1.36 001-1201-4304 4.11 001-1202-4304 17.32 001-1203-4304 17.60 001-1208-4304 0.69 001-2101-4304 132.84 001-2201-4304 78.31 001-4101-4304 11.90 001-4201-4304 20.10 001-4202-4304 62.47 001-4601-4304 30.52 001-1204-4304 18.65 001-3302-4304 1.89 715-1206-4304 5.92 310 372-6186 Fax/City Hall/Jun15 001-1121-4304 9.60 001-1141-4304 9.60 001-1201-4304 9.60 001-1202-4304 9.60 001-1203-4304 9.59 18Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 19 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78648 7/30/2015 (Continued)00015 VERIZON CALIFORNIA 310 376-6984 Phone Charges/City Hall/Jun15 001-1121-4304 30.95 001-1132-4304 5.16 001-1141-4304 7.74 001-1201-4304 70.92 001-1202-4304 68.34 001-1203-4304 14.18 001-1208-4304 5.16 001-2101-4304 413.87 001-2201-4304 143.12 001-4101-4304 69.63 001-4201-4304 61.89 001-4202-4304 131.52 001-4601-4304 101.86 001-1204-4304 95.41 001-3302-4304 45.13 715-1206-4304 24.50 310 406-2462 Circuit Billing/Jul15 001-2101-4304 50.45 310 RT0-0181 Circuit Billing/Jun15 001-2101-4304 62.15 Total : 1,861.82 78649 7/30/2015 03209 VERIZON WIRELESS LA 9747425555 PD/BlueCheckDevices/Jun15 153-2106-4201 134.68 9747425557 City Mgr/Cell Phone/Jun15 001-1201-4304 107.04 Total : 241.72 78650 7/30/2015 16609 VERSATILE INFORMATION 080115073116-2 Voice Recorders/Service Contract/FY1516 001-2101-4201 1,323.00 Total : 1,323.00 78651 7/30/2015 19440 VITALSMARTS LC 72345 Prof Srvcs/Comm Event/Oil 001-1201-4201 8,036.21 19Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 20 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 8,036.21 78651 7/30/2015 19440 VITALSMARTS LC 78652 7/30/2015 19034 VOLVO CONSTRUCTION EQUIPMENT R504002596-1 Beach Outfall Equip/Emergency 715-3102-4311 98.10 Total : 98.10 78653 7/30/2015 19436 WARSAW, ROBERT 2000256.003 Registration Refund 001-2111 365.00 Total : 365.00 78654 7/30/2015 11219 WESTCHESTER MEDICAL GROUP CH026-7175 Annual Physicals/Jun15 001-1203-4320 895.00 Total : 895.00 78655 7/30/2015 17543 WORKFORCE SAFETY HBPD-18-2015 Respiratory Protection Program 001-2101-4201 8,000.00 Total : 8,000.00 78656 7/30/2015 10505 ZOLL MEDICAL CORP 9018757 RescueNet Maintenance FY 15/16 715-1206-4201 630.00 Total : 630.00 78657 7/30/2015 01206 ZUMAR INDUSTRIES 0159763 Street Sign Maint Material/Jul15 001-3104-4309 459.96 0159764 Street Sign Maint Material/Jul15 001-3104-4309 460.00 Total : 919.96 7302015 7/30/2015 10319 PUBLIC EMPLOYEES RETIREMENT, STATE OF CALIFORNIA07022015 PERS UNFUNDED LIABILITY SIDE FUND- JULY 2015 001-2101-4180 161,084.00 001-2033 64,567.00 001-2201-4180 60,976.00 001-2033 55.00 001-2101-4180 2.00 Total : 286,684.00 157572439 7/30/2015 14691 ADMINSURE AS AGENT FOR THE 07302015 LIABILITY CLAIMS REIMB 7/20-7/24/15 705-1217-4324 42,674.56 20Page: 07/30/2015 Check Register CITY OF HERMOSA BEACH 21 5:11:17PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 42,674.56 157572439 7/30/2015 14691 ADMINSURE AS AGENT FOR THE Bank total : 1,960,906.70 124 Vouchers for bank code :boa 1,960,906.70Total vouchers :Vouchers in this report 124 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 21 inclusive, of the check register for 7-30-15 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 8/17/15 21Page: 08/06/2015 Check Register CITY OF HERMOSA BEACH 1 3:40:21PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78658 8/6/2015 16513 4IMPRINT 4044802/3114310 Special Olympics Giveaways 001-2101-4201 717.97 4058631/3114310 Foam 3 Arm Flyer National Night Out 001-2101-4201 277.69 Total : 995.66 78659 8/6/2015 17588 A AND A READY MIXED 2083141 Concrete Services/Jul15 001-3104-4309 446.45 Total : 446.45 78660 8/6/2015 18224 ABBOTT, LINDA 7198 Reimb/Paper Cups for Council Meetings 001-1101-4305 136.08 Total : 136.08 78661 8/6/2015 00935 ADVANCED ELECTRONICS 0152774-IN Desktop Chargers 001-3302-4305 124.42 Total : 124.42 78662 8/6/2015 08482 BOUNDTREE MEDICAL LLC 81834408 Medical Supplies - Jul 15 001-2201-4309 35.75 81834409 Medical Supplies - Jul 15 001-2201-4309 530.89 81846075 Medical Supplies - Jul 15 001-2201-4309 545.94 81849202 Medical Supplies - Jul 15 001-2201-4309 115.50 81854773 Medical Supplies - Jul 15 001-2201-4309 21.23 Total : 1,249.31 78663 8/6/2015 00163 BRAUN LINEN SERVICE 1260294 Prisoner Laundry/Jul15 001-2101-4306 135.81 1261698 Prisoner Laundry/Jul15 001-2101-4306 49.51 Total : 185.32 1Page: 08/06/2015 Check Register CITY OF HERMOSA BEACH 2 3:40:21PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78664 8/6/2015 00016 CALIFORNIA WATER SERVICE 7228 Contractor's Meter Deposit/South Park 001-6101-4201 900.00 Total : 900.00 78665 8/6/2015 10838 CANON BUSINESS SOLUTIONS, INC 4016502604 Copier Maintenance/Records/4th Qtr 715-2101-4201 378.96 Total : 378.96 78666 8/6/2015 09632 CDWG WR20263 In-Car Video Systems 001-2101-4305 359.70 WS52997 Digital Camera 001-2101-4305 -59.25 Total : 300.45 78667 8/6/2015 09224 CHRISTOPHER CONSTRUCTION, JAMES12-769 Emergency Repair/Trip Hazard/Strand 001-3104-4201 7,000.00 12-770 Emergency Repair/Trip Hazard/Strand 001-3104-4201 8,250.00 Total : 15,250.00 78668 8/6/2015 09491 DE CASTRO, DOUG 5252 No Fireworks Banners/4th of July 001-4202-4201 370.00 Total : 370.00 78669 8/6/2015 13766 DISPENSING TECHNOLOGY CORP 8681 Traffic Paint/Jul15 001-3104-4309 323.07 Total : 323.07 78670 8/6/2015 16332 ECMS INC 330059-00 Turnouts 001-2201-4350 867.74 Total : 867.74 78671 8/6/2015 15059 EVANS, MARLIN K.7021 Instruct Pmt/5391/5392 001-4601-4221 136.50 Total : 136.50 78672 8/6/2015 06293 FEDEX KINKOS INC 101600008823 Foam Mounted Big Check/Film Festival 001-1101-4319 144.21 2Page: 08/06/2015 Check Register CITY OF HERMOSA BEACH 3 3:40:21PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 144.21 78672 8/6/2015 06293 FEDEX KINKOS INC 78673 8/6/2015 08422 FIRE INFORMATION SUPPORT SERV 1100 FireRMS Database Troubleshooting 001-2201-4201 950.00 Total : 950.00 78674 8/6/2015 15573 FONTIS SOLUTIONS INV236026 Guest Parking Permits 001-1204-4305 613.90 INV236027 Contractor Permits 001-1204-4305 370.84 Total : 984.74 78675 8/6/2015 07910 FOSTER GORDON MANUFACTURING CO29556 Presentation Folders with City Logo 001-1101-4319 580.62 Total : 580.62 78676 8/6/2015 16934 GOLD COAST TOURS 323947 Transport/ Day Camp - Soak City 145-3409-4201 675.80 323948 Transport/ Day Camp - Splash Waterpark 145-3409-4201 675.80 323949 Transport/Day Camp - Leeway Sailing 145-3409-4201 798.42 323950 Transport/ Day Camp - Leeway Sailing 145-3409-4201 798.42 323951 Transport/ Day Camp - Scooter's Jungle 145-3409-4201 626.75 323952 Transport/ Day Camp - Scooter's Jungle 145-3409-4201 626.75 323953 Transport/ Day Camp - Soak City 145-3409-4201 822.95 323954 Transport/ Day Camp - Soak City 145-3409-4201 822.95 Total : 5,847.84 78677 8/6/2015 19317 GREEN GIANT LANDSCAPE INC 1104-4 CIP 11-537/ South Park - Pymt # 5 301-8537-4201 45,054.35 3Page: 08/06/2015 Check Register CITY OF HERMOSA BEACH 4 3:40:21PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 45,054.35 78677 8/6/2015 19317 GREEN GIANT LANDSCAPE INC 78678 8/6/2015 06518 HAYER CONSULTANTS INC 3844 Temp Bldg Inspect/Mar-Jun15 001-4201-4201 1,040.00 3845 Plan Checks/4th Qtr 001-4201-4201 14,152.75 Total : 15,192.75 78679 8/6/2015 13932 HB CHAMBER OF COMMERCE 7/14/15 July Networking Luncheon 001-1201-4317 15.00 Total : 15.00 78680 8/6/2015 00322 HERMOSA ANIMAL HOSPITAL Intake Date 4/14/15 Emergency Vet Services/Apr15 001-3302-4201 35.00 Intake Date 4/21/15 Emergency Vet Services/Apr15 001-3302-4201 35.00 Intake Date 5/20/15 Emergency Vet Services/May15 001-3302-4201 35.00 Intake Date 5/21/15 Emergency Vet Services/May15 001-3302-4201 35.00 Intake Date 6/20/15 Emergency Vet Services/Jun15 001-3302-4201 35.00 Intake Date 6/27/15 Emergency Vet Services/Jun15 001-3302-4201 35.00 Total : 210.00 78681 8/6/2015 15141 HONDA MD INC, STEPHAN T 6284 Medical Services - Jun15 001-2101-4201 63.60 Total : 63.60 78682 8/6/2015 16742 INDEPENDENT STATIONERS IN-000539454 Office Supplies/Jul15 001-1201-4305 89.40 IN-000539457 Office Supplies/Jul15 001-4101-4305 36.58 IN-000541011 Office Supplies/Jul15 001-2101-4305 96.93 4Page: 08/06/2015 Check Register CITY OF HERMOSA BEACH 5 3:40:21PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 222.91 78682 8/6/2015 16742 INDEPENDENT STATIONERS 78683 8/6/2015 02458 INGLEWOOD WHOLESALE ELECTRIC 249237-00 Electrical Supplies - Jul15 001-4204-4309 112.35 001-2021 2.10 001-2022 -2.10 Total : 112.35 78684 8/6/2015 10820 JENKINS AND HOGIN LLP 23285 General City Attorney Srvcs/Jun15 001-1131-4201 28,024.35 23286 Legal, RE: Code Enforcement/Jun15 001-1132-4201 663.00 23287 Legal, RE: Land Use & Zoning/Jun15 001-1131-4201 1,421.20 Total : 30,108.55 78685 8/6/2015 18438 KATIE CASEY PUBLIC RELATIONS INV-000080 July 4th Robocalls 001-1101-4319 227.34 INV-000080a General City PR/ Jun 15 705-1209-4201 5,775.00 Total : 6,002.34 78686 8/6/2015 00850 L.N. CURTIS & SONS 1361989-00 Gloves 001-2201-4350 660.60 1361990-00 Safety Equipment - FD 001-2201-4350 999.35 1362020-00 Boots 001-2201-4314 445.05 1362158-00 Replacement Chains/ FD Chain Saws 001-2201-5405 769.28 Total : 2,874.28 78687 8/6/2015 10916 LONG BEACH, CITY OF 6286 Day Camp Trip/ Leeway Sailing Center 001-4601-4201 960.00 Total : 960.00 78688 8/6/2015 16648 MANDELL, REBECCA 7119 Instruct Pmt/5543 5Page: 08/06/2015 Check Register CITY OF HERMOSA BEACH 6 3:40:21PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78688 8/6/2015 (Continued)16648 MANDELL, REBECCA 001-4601-4221 192.50 Total : 192.50 78689 8/6/2015 15643 MARCHESE, SONDRA 7188 Instruct Pmt/5600 001-4601-4221 5.60 Total : 5.60 78690 8/6/2015 19332 MORE PREPARED LLC I-15725 CERT Vests 001-2201-5401 582.55 Total : 582.55 78691 8/6/2015 02490 NATIONAL FIRE PROTECTION ASSOC ID532362Note6457301X National Fire Codes Annual Subscription 001-2201-4201 1,395.00 Total : 1,395.00 78692 8/6/2015 06473 NOWDOCS INTERNATIONAL, INC 58584 A/P Checkstock 001-1202-4305 180.94 Total : 180.94 78693 8/6/2015 13114 OFFICE DEPOT 778927307001 Office Supplies/Jul15 001-4601-4305 32.18 778927691001 Office Supplies/Jul15 001-4601-4305 60.34 779383929001 Office Supplies/Jul15 001-2201-4305 70.98 779529225001 Office Supplies/Jul15 001-2201-4305 15.90 779529278001 Office Supplies/Jul15 001-2201-4305 59.84 779908213001 Office Supplies/Jul15 001-2201-4305 57.45 780500512001 Office Supplies/ Jul 15 001-2201-4305 212.42 780859831001 Office Supplies/Jul15 001-1208-4305 91.03 001-1202-4305 43.14 6Page: 08/06/2015 Check Register CITY OF HERMOSA BEACH 7 3:40:21PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78693 8/6/2015 (Continued)13114 OFFICE DEPOT 781487825001 Office Supplies/Jul15 001-2201-4305 86.56 781933930001 Office Supplies/Jul15 001-4601-4305 22.33 781934217001 Office Supplies/Jul15 001-4601-4305 38.55 781934218001 Office Supplies/Jul15 001-4601-4305 8.39 Total : 799.11 78694 8/6/2015 00608 PEP BOYS 08141034674 Auto Supplies/Jul15 715-2201-4311 13.05 08141034779 Auto Supplies/Jul15 715-4206-4311 8.71 08141034849 Auto Supplies/Jul15 715-2101-4311 61.44 Total : 83.20 78695 8/6/2015 13838 PITNEY BOWES INC 433625 Finance Copier Maint/Jan-Jun15 715-1208-4201 57.00 Acct8000909006506807 Postage Meter/Jun15 001-1208-4305 2,117.43 Total : 2,174.43 78696 8/6/2015 01911 PROVIDENCE MEDICAL INSTITUTE GuarantorID600000285 Pre-Employment Exams/Jul15 001-1203-4320 1,426.00 Total : 1,426.00 78697 8/6/2015 17676 PRUDENTIAL OVERALL SUPPLY 40937774 Mats & Shop Towels 001-2201-4309 27.18 40937775 Mats 001-4204-4309 46.28 40937776 Mats 001-3302-4309 29.78 40937777 Mats 001-4204-4309 33.68 7Page: 08/06/2015 Check Register CITY OF HERMOSA BEACH 8 3:40:21PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78697 8/6/2015 (Continued)17676 PRUDENTIAL OVERALL SUPPLY 40937778 Shop Towels 715-4206-4309 19.68 40937779 Uniform Rental 001-4202-4314 57.93 40937780 Mats 001-2101-4309 33.08 40937781 Mats & Shop Towels 001-3104-4309 24.18 Total : 271.79 78698 8/6/2015 02715 PUBLIC SAFETY CENTER INC 5611031 Replacement Tait Radio Batteries 001-2101-4307 998.52 Total : 998.52 78699 8/6/2015 04800 RAY, JAY VINCENT 7165 InstructPmt/5672/73/86-89/5702/03 001-4601-4221 9,120.30 Total : 9,120.30 78700 8/6/2015 13255 REDMOND, GEORGE DAVID 34468 Locksmith Services/Apr15 001-4204-4309 32.70 35426 Locksmith Services/Jul15 001-4601-4305 125.35 Total : 158.05 78701 8/6/2015 03282 REDONDO BEACH, CITY OF 559273 City Prosecutor Services/Jun15 001-1132-4201 16,667.00 Total : 16,667.00 78702 8/6/2015 18596 ROCK N ROLL CAR WASH LLC 118 City Car Washes/May15 715-2101-4311 145.00 715-2201-4311 10.00 715-4202-4311 10.00 Total : 165.00 78703 8/6/2015 16425 SAFEWAY INC VONS 726647-072415-2110 Day Camp BBQ Supplies 001-4601-4308 43.55 8Page: 08/06/2015 Check Register CITY OF HERMOSA BEACH 9 3:40:21PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 43.55 78703 8/6/2015 16425 SAFEWAY INC VONS 78704 8/6/2015 18220 SCOTT ROBINSON CHRYSLER 59399 Vehicle Repair Parts/Jun15 715-3302-4311 114.68 Total : 114.68 78705 8/6/2015 17903 SHERWIN WILLIAMS 4808-1 Painting Supplies/Jul15 001-1214-4322 482.97 Total : 482.97 78706 8/6/2015 18821 SPCALA 2015-0630 Animal Services/Jun15 001-3302-4201 400.00 Total : 400.00 78707 8/6/2015 14019 SUNSTATE EQUIPMENT COMPANY 6201438-001 Message Board Rental 001-3301-4201 180.00 6213511-001 Light Tower Rental/4th of July 001-3301-4201 467.72 6213512-001 Light Tower Rental/4th of July 001-3301-4201 377.72 6213513-001 Light Tower Rental/4th of July 001-3301-4201 160.22 Total : 1,185.66 78708 8/6/2015 17882 TIDAL MARINE CONSTRUCTION INC 7354 Structural Repairs-Pier/ Retention 122-8659-4201 8,240.00 Total : 8,240.00 78709 8/6/2015 11102 TORRANCE WHOLESALE NURSERY 521562 Landscape Materials/Jul15 001-6101-4309 183.12 Total : 183.12 78710 8/6/2015 00123 TRIANGLE HARDWARE 73115 Hardware Supplies - Jul 15 9Page: 08/06/2015 Check Register CITY OF HERMOSA BEACH 10 3:40:21PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78710 8/6/2015 (Continued)00123 TRIANGLE HARDWARE 001-2201-4309 28.77 001-3104-4309 441.07 001-3302-4305 38.90 001-4204-4309 1,437.09 001-6101-4309 807.20 105-2601-4309 911.33 715-4206-4309 121.21 001-2021 83.48 001-2022 -83.48 Total : 3,785.57 78711 8/6/2015 17335 USUI, DORIS JUNG 7187 Instruct Pmt/5600 001-4601-4221 5.60 Total : 5.60 78712 8/6/2015 18666 VERIZON BUSINESS SERVICES 69522437 Bard/VoIP Services/Jun15 001-2201-4304 17.75 001-2101-4304 53.28 69522444 VoIP Services - Base 3/ Jun 15 001-3302-4304 88.81 69522518 VoIP Services - EOC/ Jun 15 001-2201-4304 60.73 Total : 220.57 78713 8/6/2015 00015 VERIZON CALIFORNIA 310 167-1756 Circuit Billing 7/16 - 8/15 001-2101-4304 331.63 310 372-6373 Personnel Fax Line/Jul15 001-1203-4304 45.17 310 PL0-0346 Circuit Billing/Jul 16 - Aug 15 001-2101-4305 46.13 Total : 422.93 78714 8/6/2015 03209 VERIZON WIRELESS LA 9749092222 City Mgr/Cell Phone 6/17/15-7/16/15 001-1201-4304 107.04 Total : 107.04 10Page: 08/06/2015 Check Register CITY OF HERMOSA BEACH 11 3:40:21PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78715 8/6/2015 16294 VISION INTERNET PROVIDERS INC 30392 Web Hosting/Jun15 715-1206-4201 200.00 30660 Web Hosting/Jul15 715-1206-4201 200.00 Total : 400.00 78716 8/6/2015 10505 ZOLL MEDICAL CORP 2266413 Thermal paper, B/P cuffs 001-2201-4309 258.93 Total : 258.93 78717 8/6/2015 01206 ZUMAR INDUSTRIES 0159511 Street Sign Maint Material/Jul15 001-3104-4309 655.83 0159788 Street Sign Maint Material/Jul15 001-3104-4309 502.98 Total : 1,158.81 15819112 8/6/2015 14691 ADMINSURE AS AGENT FOR THE 08062015 LIABILITY CLAIMS REIM 7/28 TO 7/31/15 705-1217-4324 11,036.98 Total : 11,036.98 158402443 8/4/2015 00243 HERMOSA BEACH PAYROLL ACCOUNT 08052015 PAYROLL 7/16/15 TO 7/31/15 001-1103 721,869.59 105-1103 5,061.78 117-1103 1,918.85 145-1103 95.21 152-1103 252.78 160-1103 2,413.62 161-1103 1,746.33 705-1103 3,633.87 715-1103 7,423.52 Total : 744,415.55 Bank total : 937,669.45 62 Vouchers for bank code :boa 937,669.45Total vouchers :Vouchers in this report 62 11Page: 08/06/2015 Check Register CITY OF HERMOSA BEACH 12 3:40:21PM 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 12 inclusive, of the check register for 8-6-15 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 8/17/15 12Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 1 3:42:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78718 8/13/2015 12470 AMERICAS TROPHY COMPANY PO 6849 Bronze Plaque/Memorial Bench/Frobisher 001-6101-5402 186.93 PO 6849 Inv # 2 Bronze Plaque/Memorial Bench/Nelson 001-6101-5402 186.93 Total : 373.86 78719 8/13/2015 12685 ANIMAL EMERGENCY REFERRAL Account No. 12742 Emergency Vet Services/May15 001-3302-4201 60.00 Total : 60.00 78720 8/13/2015 08614 ASPEN ENVIRONMENTAL GROUP 3283.001-06 Transpacific Submarine Fiber Optic/Jun15 001-2108 18,924.99 Total : 18,924.99 78721 8/13/2015 16510 AT AND T 000006705944 Long Distance Faxes 5/13/15-6/12/15 001-1101-4304 0.07 001-1121-4304 0.08 001-1132-4304 0.01 001-1141-4304 0.03 001-1201-4304 0.55 001-1202-4304 0.52 001-1203-4304 0.21 001-2101-4304 2.48 001-2201-4304 0.62 001-4101-4304 0.19 001-4201-4304 0.79 001-4202-4304 0.66 001-4601-4304 0.31 001-1204-4304 0.71 001-3302-4304 0.12 001-4204-4321 0.08 715-1206-4304 0.07 Total : 7.50 78722 8/13/2015 17271 BARROWS, PATRICK 7220 Instruct Pmt/5569-5572 001-4601-4221 2,889.60 1Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 2 3:42:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 2,889.60 78722 8/13/2015 17271 BARROWS, PATRICK 78723 8/13/2015 14513 BEACHVOLLEYBALLCAMPS COM 7218 Instruct Pmt/5636-5639 001-4601-4221 2,285.50 Total : 2,285.50 78724 8/13/2015 14647 BELL, MICHAEL 4834 Special Olymics Event Equipment 001-1101-4319 1,937.50 Total : 1,937.50 78725 8/13/2015 06409 BLUE DIAMOND MATERIALS 535023 RI Emulsion Buckets/School Mix 001-3104-4309 131.41 Total : 131.41 78726 8/13/2015 13106 BONN, CHRISTINE OR MARK 7308 Dismissed Citation Refund 001-3302 53.00 Total : 53.00 78727 8/13/2015 08482 BOUNDTREE MEDICAL LLC 81861993 Medical Supplies/Jul15 001-2201-4309 262.81 81866345 Medical Supplies/Jul15 001-2201-4309 713.86 Total : 976.67 78728 8/13/2015 00163 BRAUN LINEN SERVICE 1263098 Prisoner Laundry/Jul15 001-2101-4306 85.42 Total : 85.42 78729 8/13/2015 19451 CABIALE, NORA 6981 Comm Ctr Handprint Wall Custom Artwork 001-1214-4322 680.00 Total : 680.00 78730 8/13/2015 00016 CALIFORNIA WATER SERVICE Acct#4286211111 Water Usage/Jul15 105-2601-4303 1,810.95 001-6101-4303 23,485.55 001-4204-4303 2,000.65 001-3304-4303 374.17 2Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 3 3:42:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 27,671.32 78730 8/13/2015 00016 CALIFORNIA WATER SERVICE 78731 8/13/2015 09632 CDWG WZ75844 Toner/Jul15 715-1206-4305 915.78 Total : 915.78 78732 8/13/2015 16167 CIVIL SOURCE INC 1017-0478-3 CIP 13-664 Citywide Assess/May15 001-8664-4201 22,855.40 Total : 22,855.40 78733 8/13/2015 18570 CODE PUBLISHING INC 50381 Municipal Code Update on Website 001-1121-4201 471.45 50441 Municipal Code Update on Website 001-1121-4201 112.25 Total : 583.70 78734 8/13/2015 18178 COLLINS, CLAY 9512 Window Tint/Ford Explorer Unit #28 715-2101-4311 40.00 Total : 40.00 78735 8/13/2015 09436 COMPLETES PLUS 01UA4322 Auto Repair Parts/Jul15 715-3302-4311 103.33 01UA5866 Auto Repair Parts/Jul15 715-3302-4311 28.72 Total : 132.05 78736 8/13/2015 19447 CORBELL, PETER 7174 Citation Refund 001-3302 28.00 Total : 28.00 78737 8/13/2015 00480 CPCA, CA POLICE CHIEFS ASSOC TR 439 Registration Train/Stine/Role of Chief's Asst 001-2101-4317 475.00 Total : 475.00 78738 8/13/2015 00642 DAILY BREEZE, THE Ref#0010676874 This Is My City Summer Camp Ad 001-1101-4319 332.00 Total : 332.00 3Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 4 3:42:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78739 8/13/2015 19425 DALLAS MIDWEST, LLC EC071842 Chairs and Tables 001-2101-5402 2,502.88 Total : 2,502.88 78740 8/13/2015 19449 DAVID M FREAR, KELLI L SPIRI OR 7169 Citation Overpayment 001-3302 30.00 Total : 30.00 78741 8/13/2015 11449 DEWEY PEST CONTROL Inv#9447520 Sewer Rat Abatement/Jul15 160-3102-4201 200.00 Stmt Closing 6/28/15 Pest Control Services/Jul15 001-4204-4201 651.00 Total : 851.00 78742 8/13/2015 19312 E AND B NATURAL RESOURCES 7312 Oil Settlement/Remaining Balance 201-1220-4201 11,500,000.00 001-1220-4201 185,360.72 Total : 11,685,360.72 78743 8/13/2015 17120 EAN SERVICES LLC 7170 Citation Overpayment 001-3302 15.00 7171 Citation Overpayment 001-3302 48.00 7172 Citation Overpayment 001-3302 53.00 Total : 116.00 78744 8/13/2015 00181 EASY READER ER150402017 AD/SURFER'S WALK OF FAME CEREMONY 001-4601-4302 400.00 Inv#HD15-050 CIP 13-655/Notice Inviting Bids 122-8655-4201 212.63 Total : 612.63 78745 8/13/2015 10668 EXXON MOBIL FLEET GECC 41592154 Gas Card Purchases/Jun15 4Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 5 3:42:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78745 8/13/2015 (Continued)10668 EXXON MOBIL FLEET GECC 715-2101-4310 6,133.06 715-2201-4310 313.98 715-4202-4310 231.54 715-6101-4310 344.14 715-3302-4310 1,788.00 715-3104-4310 474.94 715-4601-4310 191.62 715-2601-4310 393.03 001-1250 193.02 Total : 10,063.33 78746 8/13/2015 06344 FIRST CALL STAFFING SERVICES 00709-149749 Temp Services - W/E 7/26/15 001-4201-4112 465.00 Total : 465.00 78747 8/13/2015 02822 GAINES, GARTH PO 7107/TR 438 Reimb Shooting Range Inspect/Hotel/Mileage/Gas 001-2101-4317 191.72 Total : 191.72 78748 8/13/2015 16934 GOLD COAST TOURS 324512 Hollywood Bowl Excursion Transportation 145-3409-4201 948.30 Total : 948.30 78749 8/13/2015 19446 HAMEL, GLEN OR CYNTHIA 7173 Citation Overpayment 001-3302 30.00 Total : 30.00 78750 8/13/2015 09136 HERMOSA AUTOMOTIVE INC 34103 Wheel Alignment/2003 Ford Explorer 715-2201-4311 55.00 34109 Wheel Alignment/2009 Ford Ranger 715-3302-4311 55.00 Total : 110.00 78751 8/13/2015 13909 HOLMAN PROFESSIONAL INV2009087 Employee Assistance Program/Aug15 001-1203-4201 946.72 Total : 946.72 5Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 6 3:42:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78752 8/13/2015 15141 HONDA MD INC, STEPHAN T 6367 Medical Services/Jul15 001-2101-4201 127.20 Total : 127.20 78753 8/13/2015 16742 INDEPENDENT STATIONERS IN-000539772 Printer Ink/Jul15 001-2101-4305 177.36 IN-000540772 Office Supplies/Jul15 001-1121-4305 73.27 Total : 250.63 78754 8/13/2015 10820 JENKINS AND HOGIN LLP 23378 General City Attorney Srvcs/Jul15 001-1131-4201 29,325.02 23379 Legal, RE: Code Enforcement/Jul15 001-1132-4201 19.50 23380 Legal, RE: Land Use Advisory/Jul15 001-1131-4201 3,141.60 Total : 32,486.12 78755 8/13/2015 01165 JOBS AVAILABLE 1516017 PSO Supervisor Job Ad 7/28/15 001-1203-4201 234.00 Total : 234.00 78756 8/13/2015 18581 KIDDE SAFETY PO 7299 5 Large Lock Boxes 001-2113 421.55 Total : 421.55 78757 8/13/2015 19371 KOGER, ASHLEY PO 7212/TR 421 Reimb Reimb/CALEA Conference Expenses 001-2101-4317 865.56 Total : 865.56 78758 8/13/2015 00850 L.N. CURTIS & SONS 1363841-00 Prescription Sunglasses/Garofano 001-2201-4314 98.88 Total : 98.88 78759 8/13/2015 00151 LA CO SHERIFFS DEPARTMENT 155114SS Prisoner Meals/Jun15 001-2101-4306 283.50 Total : 283.50 6Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 7 3:42:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78760 8/13/2015 15574 LANDPORT SYSTEMS INC 2015-1565 Service Request System Support/Aug15 715-1206-4201 195.00 Total : 195.00 78761 8/13/2015 00167 LEARNED LUMBER B464875 Stucco/Mortar Mix 105-2601-4309 28.12 B465097 48" Stakes 001-3104-4309 98.47 B465759 Irwin Marathon Blade 001-6101-4309 62.08 Total : 188.67 78762 8/13/2015 02175 LIEBERT CASSIDY WHITMORE 7160 Train/McKinnon/Johnson/Public Safety 001-2101-4317 55.00 Total : 55.00 78763 8/13/2015 19396 LOMITA FEED INC 6026 Horse Feed 170-2116-4201 284.93 Total : 284.93 78764 8/13/2015 10045 MAIN STREET TOURS 40014 Bus Transport/Santa Barbara Excursion 001-4601-4201 2,520.00 40015 Bus Transport/Santa Barbara Prop A 145-3409-4201 635.00 Total : 3,155.00 78765 8/13/2015 15643 MARCHESE, SONDRA 7255 Refund/Ins Fee Overcharged on PO 7188 001-4601-4221 3.50 Total : 3.50 78766 8/13/2015 16541 MID-CITY MAILING SERVICES CORP 21289 Crucial Conversations Notice Mailing 001-1101-4319 6,559.69 Total : 6,559.69 78767 8/13/2015 15589 MONKEY STYLE INC 6289 8/19/15 Day Camp Excursion Balance 001-4601-4201 384.00 Total : 384.00 7Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 8 3:42:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78768 8/13/2015 07827 MUTUAL PROPANE REF # 19905 Consumer Agreement FY 15/16 715-3302-4310 1.00 Total : 1.00 78769 8/13/2015 13114 OFFICE DEPOT 779436678001 Office Supplies/Jul15 001-1121-4305 51.39 779437035001 Office Supplies/Jul15 001-1121-4305 6.07 782004873001 Office Supplies/Jul15 001-1121-4305 92.18 Total : 149.64 78770 8/13/2015 15687 PAISANOS PIZZA AND PASTA 923205 4th of July Staff Meal 001-2101-4305 300.00 Total : 300.00 78771 8/13/2015 00608 PEP BOYS 08141034962 Auto Supplies/Jul15 715-2201-4311 59.48 Total : 59.48 78772 8/13/2015 19145 PEREMUTER, LAUREN 7162 Instruct Pmt/5539 001-4601-4221 770.00 Total : 770.00 78773 8/13/2015 13309 PEREZ, SHAWN 7221 Instruct Pmt/5527-5529 001-4601-4221 1,274.00 Total : 1,274.00 78774 8/13/2015 17676 PRUDENTIAL OVERALL SUPPLY 40908614 Mats & Shop Towels 001-3104-4309 27.18 40940159 Uniform Rental 001-4202-4314 44.56 40942579 Mats & Shop Towels 001-2201-4309 27.18 40942580 Mats 001-4204-4309 46.28 8Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 9 3:42:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78774 8/13/2015 (Continued)17676 PRUDENTIAL OVERALL SUPPLY 40942581 Mats 001-3302-4309 29.78 40942582 Mats 001-4204-4309 33.68 40942583 Shop Towels 715-4206-4309 19.68 40942584 Uniform Rental 001-4202-4314 44.56 40942585 Mats 001-2101-4309 33.08 40942586 Mats & Shop Towels 001-3104-4309 24.18 Total : 330.16 78775 8/13/2015 09225 PUBLIC SECTOR EXCELLENCE 7161 Train/E. Jackson/Supervisor Prep 001-2101-4317 155.00 Total : 155.00 78776 8/13/2015 19210 RINCON CONSULTANTS INC 23623 Skechers/Environ Impact/Jun15 001-2107 18,296.05 Total : 18,296.05 78777 8/13/2015 16921 ROUND STAR WEST LLC 7276 Instruct Pmt/5651/5655 001-4601-4221 627.90 Total : 627.90 78778 8/13/2015 03726 RUSHER AIR CONDITIONING CM3257 Quarterly A/C Maintenance/City Hall 001-4204-4201 1,174.99 CM3273 Quarterly A/C Maintenance/Comm Ctr 001-4204-4201 400.00 Total : 1,574.99 78779 8/13/2015 09870 RYDIN DECAL 308693 Residential Parking Permits 001-1204-4305 1,450.04 Total : 1,450.04 9Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 10 3:42:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78780 8/13/2015 03428 SAFETY KLEEN CORPORATION 67411720 Service Parts Cleaner 715-4201-4310 226.72 Total : 226.72 78781 8/13/2015 19445 SCHLAEGER, DAVID M 7222 2014 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 78782 8/13/2015 14085 SCHOOL OUTFITTERS INV11745257 Outdoor Enclosed Bulletin Board 001-1121-4305 792.83 Total : 792.83 78783 8/13/2015 19448 SCOTT, ROBERT J 7168 Citation Overpayment 001-3302 30.00 Total : 30.00 78784 8/13/2015 17903 SHERWIN WILLIAMS 5797-5 Painting Supplies/Jul15 001-3104-4309 18.01 Total : 18.01 78785 8/13/2015 07158 SIEMENS INDUSTRY INC 5620007885 Signal Maint/Jun15 001-3104-4201 1,725.00 Total : 1,725.00 78786 8/13/2015 19450 SKARDINA, GARY P 7226 2014 Assessment Tax Rebate 105-3105 24.61 Total : 24.61 78787 8/13/2015 00114 SMART AND FINAL IRIS COMPANY 3220630139845 Refreshments/Supplies for Meetings 001-1101-4305 56.60 3220630151482 4th of July Supplies 001-3104-4309 96.05 3220630152664 Day Camp Supplies/Potluck 001-4601-4308 157.16 3220630155580 Misc Supplies for Kennel 001-3302-4305 80.28 10Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 11 3:42:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78787 8/13/2015 (Continued)00114 SMART AND FINAL IRIS COMPANY 3220630156692 Jail Supplies 001-2101-4306 77.23 3220630158465 First Aid Supplies 001-4601-4308 58.95 3220630158466 Sr Ctr Supplies/Utensils/Movie Time 001-4601-4328 77.37 3220630158467 Day Camp Supplies/Emergency Water 001-4601-4308 18.50 3220630159022 Cleaning Supplies 001-4204-4309 178.75 3220630159024 Cleaning Supplies 001-4204-4309 6.18 3220630161204 Hollywood Bowl Excursion Goody Bags 001-4601-4308 69.72 3220630162242 Santa Barbara Excursion Goody Bags 001-4601-4308 71.62 Total : 948.41 78788 8/13/2015 00159 SOUTHERN CALIFORNIA EDISON CO 2-00-989-6911 Electrical Billing - Jul15 105-2601-4303 96.11 2-00-989-7315 Electrical Billing - Jul15 105-2601-4303 13,629.61 2-01-414-1071 Electrical Billing - Jul15 001-4204-4303 3,378.33 2-01-414-2152 Electrical Billing - Jul15 001-6101-4303 474.23 2-01-414-3747 Electrical Billing - Jul15 105-2601-4303 80.51 2-01-414-3994 Electrical Billing - Jul15 160-3102-4303 61.16 2-01-414-4281 Electrical Billing - Jul15 105-2601-4303 391.63 2-01-414-5106 Electrical Billing - Jul15 001-3104-4303 455.32 11Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 12 3:42:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78788 8/13/2015 (Continued)00159 SOUTHERN CALIFORNIA EDISON CO 2-08-629-3669 Electrical Billing - Jul15 001-4204-4303 93.47 2-19-024-1604 Electrical Billing - Jul15 001-4204-4303 3,954.34 2-20-128-4825 Electrical Billing - Jul15 001-3304-4303 1,624.85 2-20-128-5475 Electrical Billing - Jul15 001-4204-4303 209.62 2-20-984-6369 Electrical Billing - Jul15 105-2601-4303 61.49 2-23-725-4420 Electrical Billing - Jul15 001-4204-4303 7,841.16 2-29-332-0750 Electrical Billing - Jul15 105-2601-4303 148.28 2-31-250-3303 Electrical Billing - Jul15 001-4204-4303 32.18 2-36-722-1322 Electrical Billing - Jul15 105-2601-4303 40.55 Total : 32,572.84 78789 8/13/2015 00159 SOUTHERN CALIFORNIA EDISON CO 7590006630/10070778 Street Light Valuation 001-1201-4201 10,000.00 Total : 10,000.00 78790 8/13/2015 00170 SOUTHERN CALIFORNIA GAS CO 011 004 5700 Gas Bill/Jul15 001-4204-4303 18.61 097 904 5900 Gas Bill/Jul15 001-4204-4303 99.75 102 104 5900 Gas Bill/Jul15 001-4204-4303 22.08 115 404 6900 Gas Bill/Jul15 001-4204-4303 31.97 139 104 4600 Gas Bill/Jul15 001-4204-4303 19.56 12Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 13 3:42:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78790 8/13/2015 (Continued)00170 SOUTHERN CALIFORNIA GAS CO 141 204 4600 Gas Bill/Jul15 001-4204-4303 16.70 Total : 208.67 78791 8/13/2015 00146 SPARKLETTS 4472788 072315 Drinking Water - Jul15 001-4601-4305 135.30 Total : 135.30 78792 8/13/2015 15212 SPLASH WATERPARK Contract # 12192 Day Camp Excursion/Waterpark/Bal Due 001-4601-4201 432.45 Total : 432.45 78793 8/13/2015 16806 STANLEY SECURITY SOLUTIONS 12604511 Panic Buttons/City Hall 715-4204-4201 22,184.00 12626084 Panic Buttons/City Hall 715-4204-4201 703.00 12627021 Panic Buttons/City Hall 715-4204-4201 1,381.00 Total : 24,268.00 78794 8/13/2015 10412 STERICYCLE 3003088665 Medical Waste Disposal - Jul15 001-2101-4201 59.85 Total : 59.85 78795 8/13/2015 14019 SUNSTATE EQUIPMENT COMPANY 6201433-001 Message Board Rental 001-3301-4201 1,738.44 6210371-001 Message Board Rental 001-3301-4201 973.35 Total : 2,711.79 78796 8/13/2015 16997 SYMBOL ARTS, LLC 0238141-IN Challenge Coins/Special Olympics 001-2101-4201 810.00 Total : 810.00 78797 8/13/2015 15040 TEAK WAREHOUSE INC 13157 Memorial Benches 001-6101-5402 2,599.65 13Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 14 3:42:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 2,599.65 78797 8/13/2015 15040 TEAK WAREHOUSE INC 78798 8/13/2015 19309 THE IMAGINATION MACHINE LLC 7219 Instruct Pmt/5723 001-4601-4221 592.00 Total : 592.00 78799 8/13/2015 15277 TIME WARNER CABLE 8448 30 030 0241673 CR/Internet/Broadband/Aug15 715-1206-4201 40.00 8448 30 030 0340764 FD/Cable/Aug15 001-2201-4201 137.54 Total : 177.54 78800 8/13/2015 16735 TORRANCE AUTO PARTS Acct#2250/SM#13 Auto Parts - Jul15 715-2101-4311 600.76 715-3104-4311 42.86 715-3302-4311 174.29 715-4206-4311 84.89 Total : 902.80 78801 8/13/2015 07052 TSENG AND ASSOCIATES INC 7196 Annual Compliance Report/FY 14/15 117-5301-4201 17,500.00 Total : 17,500.00 78802 8/13/2015 14528 UNION BANK OF CALIFORNIA, PARS #6746019200PO 7289 July 2015 PARS/OPEB Contributions/Jul15 14Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 15 3:42:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78802 8/13/2015 (Continued)14528 UNION BANK OF CALIFORNIA, PARS #6746019200 001-1101-4190 200.00 001-1121-4190 715.00 001-1141-4190 19.00 001-1201-4190 1,030.00 001-1202-4190 2,083.00 001-1203-4190 353.00 001-1204-4190 1,780.00 001-1208-4190 413.00 001-2101-4190 30,633.00 001-2201-4190 11,062.00 001-3104-4190 1,768.00 001-3301-4190 116.00 001-3302-4190 7,483.00 001-4101-4190 1,672.00 001-4201-4190 1,581.00 001-4202-4190 1,665.00 001-4204-4190 1,409.00 001-4601-4190 912.00 001-6101-4190 1,128.00 105-2601-4190 507.00 160-3102-4190 156.00 161-3109-4190 199.00 715-4206-4190 903.00 Total : 67,787.00 78803 8/13/2015 18890 UNITED MAINTENANCE SYSTEMS 13017 JANITORIAL SERVICES/JUN15 001-4204-4201 7,612.00 Total : 7,612.00 78804 8/13/2015 18753 UNITED SITE SERVICES 114-3120229 4th of July/Portable Toilet Rental 001-3301-4201 1,683.60 Total : 1,683.60 78805 8/13/2015 14148 UPS 000023R146285 Express Mail/Jun15/LN Curtis 001-2201-4305 44.68 Total : 44.68 15Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 16 3:42:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78806 8/13/2015 04768 UPTIME COMPUTER SERVICE 24143 Printer Maintenance/Aug15 715-1206-4201 349.00 24168 Printer Maintenance/Sep15 715-1206-4201 349.00 Total : 698.00 78807 8/13/2015 17335 USUI, DORIS JUNG 7254 Refund/Ins Fee Overcharged on PO 7187 001-4601-4221 3.50 Total : 3.50 78808 8/13/2015 18666 VERIZON BUSINESS SERVICES 69522169 Yard/VoIP Services/Jun15 001-4202-4304 142.12 69522384 Comm Res/VoIP Services/Jun15 001-4601-4304 136.97 Total : 279.09 78809 8/13/2015 00015 VERIZON CALIFORNIA 310 197-3683 Private Lines 7/7/15 - 8/6/15 715-1206-4304 45.17 001-3302-4304 132.65 001-2101-4304 838.40 001-4204-4321 200.10 001-2201-4304 45.27 001-4601-4304 90.34 001-4202-4304 138.37 001-4201-4304 143.98 001-3304-4304 56.02 001-1204-4304 45.43 310 372-6186 Fax Charges 7/16/15 - 8/15/15 001-1121-4304 9.58 001-1141-4304 9.58 001-1201-4304 9.58 001-1203-4304 9.58 001-1202-4304 9.54 16Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 17 3:42:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78809 8/13/2015 (Continued)00015 VERIZON CALIFORNIA 310 376-6984 Phone Charges 7/16/15 - 8/15/15 001-1121-4304 30.48 001-1132-4304 5.08 001-1141-4304 7.62 001-1201-4304 69.85 001-1202-4304 67.31 001-1208-4304 5.08 001-2101-4304 407.69 001-2201-4304 140.98 001-4101-4304 68.58 001-4201-4304 60.96 001-4202-4304 129.55 001-4601-4304 100.33 001-1204-4304 93.98 001-3302-4304 44.45 715-1206-4304 24.14 001-1203-4304 13.97 310 PL0-0347 Circuit Billing 7/19/15 - 8/18/15 001-2101-4304 46.13 310 UH0-3618 Circuit Billing 7/22/15 - 8/21/15 001-2101-4304 441.06 310 VM6-6158 Circuit Billing 7/22/15-8/21/15 001-2101-4304 43.72 Total : 3,584.55 78810 8/13/2015 09056 VERIZON ONLINE 1160742236 Fiber Optic Line - 7/13/15-8/12/15 715-1206-4201 164.99 Total : 164.99 78811 8/13/2015 03209 VERIZON WIRELESS LA 9749092220 PD/Blue Check Devices 6/17/15-7/16/15 153-2106-4201 134.68 Total : 134.68 78812 8/13/2015 15188 WILLDAN FINANCIAL SERVICES 010-28212 Property Tax Delinquency Letters 17Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 18 3:42:03PM Page:vchlist Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 78812 8/13/2015 (Continued)15188 WILLDAN FINANCIAL SERVICES 137-1219-4201 52.45 138-1219-4201 73.43 139-1219-4201 10.49 135-1219-4201 10.49 010-28213 Property Tax Delinquency Letters 137-1219-4201 70.98 Total : 217.84 78813 8/13/2015 13359 WITTMAN ENTERPRISES LLC 1506062 Amb Transport Billing Ser/Jun15 001-1202-4201 2,417.07 Total : 2,417.07 78814 8/13/2015 17822 YALE CHASE EQUIPMENT PSV253301 Comm Ctr Generator Servicing/Inspection 715-4601-4311 488.94 Total : 488.94 78815 8/13/2015 10505 ZOLL MEDICAL CORP 2268822 CPR Stat Pads 001-2201-4309 457.80 90016335 DefibrillatorWarranty/Prevent Maint 001-2201-4201 1,537.75 Total : 1,995.55 78816 8/13/2015 01206 ZUMAR INDUSTRIES 0159953 Street Sign Maint Material/Jul15 001-3104-4309 578.50 Total : 578.50 1585108 8/12/2015 14691 ADMINSURE AS AGENT FOR THE 08122015 LIABILITY CLAIMS REIMB 8/3/15 TO8/7/15 705-1217-4324 24,104.59 Total : 24,104.59 Bank total : 12,062,804.15 100 Vouchers for bank code :boa 12,062,804.15Total vouchers :Vouchers in this report 100 18Page: 08/13/2015 Check Register CITY OF HERMOSA BEACH 19 3:42:03PM 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 19 inclusive, of the check register for 8-13-15 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 8/17/15 19Page: 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 August 25, 2015 TENTATIVE FUTURE AGENDA ITEMS Recommended Action: To receive and file the tentative future agenda items. Attachments: Tentative Future Agenda File #:REPORT 15-0624,Version:1 Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ August 18, 2015 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council August 25, 2015 TENTATIVE FUTURE AGENDA ITEMS SEPTEMBER 8, 2015 @ 6:00PM CLOSED SESSION: LITIGATION UPDATE SEPTEMBER 8, 2015 PRESENTATIONS MAYOR ROTATION CONSENT CALENDAR Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of August 4, 2015 Acting Recreation Manager Recommendation to receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of July 6, 2015 Fire Chief Final Map #72618 for a 2-unit condominium at 657-659 5th Street Community Development Farmer’s Market Agreement Acting Recreation Manager PUBLIC HEARINGS - 7:30 PM Review and Reconsideration of the Planning Commission Decision to Revoke a Conditional Use Permit for On-Sale General Alcohol and Live Entertainment in Conjunction with an Existing Restaurant at 1332 Hermosa Avenue (The Establishment) – Recommendation to continue to meeting of September 24, 2015 (Continued from meeting of July 28, 2015) Community Development MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER Monterey Sharrow Update Public Works Director Homeless Update Economic Development Officer Quarterly Update - Strategic Plan Action Agenda Management Analyst MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL Designation of Voting Delegate & Alternate for the League of California Cities Annual Conference (Continued from meeting of June 23, 2015) City Manager Council Committee Appointments (Continued from meeting of June 23, 2015)City Clerk THURSDAY, SEPTEMBER 24, 2015 @ 6:00PM COMMUNITY CHOICE AGGREGATION (CCA) STUDY SESSION THURSDAY, SEPTEMBER 24, 2015 CONSENT CALENDAR Recommendation to receive and file the action minutes of the Planning Commission meeting of September 15, 2015 Community Development Director Speed Signs Survey Public Works Director Strand/Pier EIR Contract Community Development Director PUBLIC HEARINGS - 7:30 PM Review and Reconsideration of the Planning Commission Decision to Revoke a Conditional Use Permit for On-Sale General Alcohol and Live Entertainment in Conjunction with an Existing Restaurant at 1332 Hermosa Avenue (The Establishment) (Continued from meeting of July 28, 2015) Community Development MUNICIPAL MATTERS Updating the City Street Signs as presented by Graphic Solutions to give Hermosa Beach a new updated look and discussion of entry signs on Herondo (Tucker, Petty, Fangary) Public Works Director Minutes Discussion Update City Clerk Oversized Vehicle Ordinance Community Services Manager 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 Update on Installation of Parking Meters in certain 15 minute “Green Zones”Community Services Manager Policy on procedure for voting on Boards/Commissions Applicants City Clerk Introduction of Hermosa Beach Social Host Ordinance Police Chief 2 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 Project Update (Including 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 Community Risk Analysis Fire Chief OTO 11th Court Hotel Community Development Director Council Chambers: City Logo and Name on Council Chambers Wall Dais Layout AV Podium for presentations City Manager / Public Works Director Costs/Benefits Study Update – Downtown City Manager and Finance Director Update Personnel Policies Human Resources Manager OCTOBER 2015 Downtown Enforcement Unit: Update Police Chief 2015/16 Economic Development Plan Update Economic Development Officer Long-term Reduced/Free Daytime Parking Program & Possible Chamber Marketing Plan - Council Discussion/Direction (Only after Council direction regarding Phase 2 purchases) Management Analyst Land Management System: Update Community Development Director Communication Update Public Information Officer Phase 2 Parking Meter Installation Update - (Phase 1 status, Multi Space Meter Trial & Install, Mobile Pay-by-Phone Software and other upgrades, etc.) Community Services Manager Polystyrene Use Update Community Development Director / Environmental Analyst NOVEMBER 2015 Canvass of Votes and Installation of Officers – November 24, 2015 City Clerk National Citizen Survey Overview Human Resources Manager Quarterly Update - Strategic Plan Action Agenda Management Analyst Quarterly Update – Closed Session Litigation Human Resources Manager DECEMBER 8, 2015 Phase 3 Recommendation for Purchase - Council Discussion/Direction (Upgrades of remaining citywide coin meters) Management Analyst Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0628 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS Recommended Action: To receive and file the Planning Commission tentative future agenda items. Attachments: Planning Commission Tentative Future Agenda Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ Tentative Future Agenda PLANNING COMMISSION City of Hermosa Beach SEPTEMBER 15, 2015 7:00 P.M. Project Title Public Notice Meeting Date Date Rec’d Remarks Semi-annual Conditional Use Permit review. 9/15 12/16 648 Loma Drive—Slope Determination 9/3 9/15 7/20 650 Loma Drive—Slope Determination 9/3 9/15 7/20 626 Loma Drive—Slope Determination 9/3 9/15 7/20 1085-1087 Monterey Blvd— Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map #73730 for a 2-unit condominium. 9/3 9/15 7/21 39 Pier Avenue, Palmilla—Conditional Use Permit and Parking Plan to expand into adjacent commercial space. 9/3 9/15 6/30 Direction regarding Text Amendment to implement the Downtown Core Revitalization Strategy 9/3 9/15 8/10 2515 Valley Drive – progress report for AT&T cell site at Kiwanis Club building. 9/15 7/22 515 Prospect Avenue— Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map #73629 for a 2-unit condo residential condominium (continued from the 8/18/15 meeting). 9/3 9/15 8/19 Planning Commission input on City’s noticing procedure (scheduled for the 9/22/15 City Council meeting) 9/15 8/19 f:b95\cd\Planning Commission Tentative Future Agenda 8/19/15 Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0627 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 REVENUE AND EXPENDITURE REPORTS CITY TREASURER’S AND CASH BALANCE REPORT JULY 2015 (Finance Director Viki Copeland) Recommended Action: To receive and file the memorandum. Summary: The July 2015 Revenue and Expenditure reports, the City Treasurer’s Report and Cash Balance report are not available at this time; reports will be provided as soon as they are available. Respectfully Submitted by: Viki Copeland, Finance Director Karen Nowicki, City Treasurer Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0629 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 ACTION SHEET OF THE PLANNING COMMISSION MEETING OF AUGUST 18, 2015 Recommended Action: To receive and file the action sheet of the Planning Commission meeting of August 18, 2015. Attachments: Action Sheet of August 18, 2015 Approved:Ken Robertson, Community Development Director Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ 1 ACTION SHEET AGENDA PLANNING COMMISSION MEETING CITY OF HERMOSA BEACH CITY HALL COUNCIL CHAMBERS 1315 VALLEY DRIVE HERMOSA BEACH, CA 90254 August 18, 2015 7:00 P.M. Michael Flaherty, Chairman Ron Pizer, Vice Chair Peter Hoffman Kent Allen Rob Saemann 1.Pledge of Allegiance 2.Roll Call COMMISSIONER HOFFMAN ABSENT. 3.Oral / Written Communications - Anyone wishing to address the Commission regarding a matter not related to a public hearing on the agenda may do so at this time. Section I Consent Calendar 4. Approval of the July 21, 2015 action minutes ACTION: APPROVED (4-0) 5.Resolution(s) for consideration – None Section II Public Hearing 6.CUP 15-7 -- Conditional Use Permit amendment to an existing billiard hall with on-sale alcohol and outdoor seating to allow for tenant improvements to eliminate the billiard tables and convert the space to a restaurant with full service alcohol and outdoor seating at 1220 Hermosa Avenue (Laurel Tavern); and determination that the project is Categorically Exempt from the California Environmental Quality Act. Staff Recommended Action: To adopt the resolution approving the Conditional Use Permit amendment subject to conditions and determine the project is categorically exempt from the California Environmental Quality Act. ACTION: ADOPTED RESOLUTION APPROVING SUBJECT CONDITIONAL USE PERMIT AMENDMENTS WITH MODIFICATIONS TO: 1) AMEND CONDITION NO. 2 TO REQUIRE 2 THE BUSINESS TO CLOSE AT 12:00 MIDNIGHT DAILY (INSTEAD OF 2:00 A.M. AS CURRENTLY ALLOWED AND REQUSTED), 2) ALLOW OUTDOOR DINING UNTIL 11:00 P.M. DAILY (INSTEAD OF MIDNIGHT AS REQUESTED BY APPLICANT AND 10:00 P.M AS CURRENLTY ALLOWED), AND, 3) DELETE CONDITION 17(A) AND REPLACE WITH A CONDITION TO REQUIRE WINDOWS TO CLOSE AT 10:00 P.M., AND DETERMINED THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (4-0). This final action is subject to potential review by the City Council pursuant to Chapter 2.52 of the Municipal Code*, or may be appealed to the City Council by any party if filed by September 8, 2015. 7.CUP 15-8 / PARK 15-5 -- Parking Plan and Conditional Use Permit to add 246 square feet of storage area to an existing restaurant with on-sale beer and wine and exclude said storage area from parking calculations; and to allow for on-sale beer and wine until 11:00 p.m. daily in connection with a proposed new restaurant at 1342 Hermosa Avenue, Brat and Brau; and determination that the project is Categorically Exempt from the California Environmental Quality Act. Staff Recommended Action: To adopt the resolution approving a Conditional Use Permit and Parking Plan with the business closing at 11:00 p.m. and determining the project is exempt from the California Environmental Quality Act. ACTION: ADOPTED RESOLUTION APPROVING SUBJECT PARKING PLAN AND CONDITIONAL USE PERMIT WITH A MODIFICATION TO THE RESOLUTION TO CEASE SALES AND CONSUMPTION OF BEER AND WINE AT 10:00 P.M. DAILY AND ALLOWING FOOD SERVICE UNTIL THE BUSINESS IS REQUIRED TO CLOSE AT 11:00 P.M DAILY, AND DETERMINED THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (4-0). This final action is subject to potential review by the City Council pursuant to Chapter 2.52 of the Municipal Code*, or may be appealed to the City Council by any party if filed by September 8, 2015. 8.CON 15-6 / PDP 15-8 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 73489 for a two-unit residential condominium project at 832 Loma Drive, and determination that the project is Categorically Exempt from the California Environmental Quality Act. Staff Recommended Action: To adopt the resolution approving the Conditional Use Permit, Precise Development Plan, and Vesting Tentative Parcel Map #73489 for a two unit condominium project subject to conditions and determine the project is categorically exempt from the California Environmental Quality Act. ACTION: ADOPTED RESOLUTION APPROVING SUBJECT REQUESTS WITH A MODIFICATION TO THE RESOLUTION AMENDING CONDITION 3(C) TO READ AS “THE GUEST PARKING SPACE SHALL REMAIN OPEN AND ACCESSIBLE TO GUESTS OF BOTH UNITS, RATHER THAN BEING USED FOR STORAGE OR ANY OTHER PURPOSE, AND THE CC&R’S SHALL REFLECT THIS CONDITION.”, AND DETERMINED THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (4-0). This final action is subject to potential review by the City Council pursuant to Chapter 2.52 of the Municipal Code*, or may be appealed to the City Council by any party if filed by September 8, 2015. 3 9.CON 15-7 / PDP 15-9 -- Conditional Use Permit, Precise Development Plan and Vesting Tentative Parcel Map No. 73629 for a two-unit residential condominium project at 515 Prospect Avenue, and determination that the project is Categorically Exempt from the California Environmental Quality Act. Staff Recommended Action: To adopt a Minute Order granting the continuance to the September 15, 2015 meeting as requested by the applicant. ACTION: CONTINUED TO THE SEPTEMBER 15, 2015 MEETING AS REQUESTED BY THE APPLICANT (4-0). 10. CUP 15-6 -- Conditional Use Permit to construct an unmanned wireless telecommunications facility consisting of (12) panel antennas, (12) Remote Radio Units and associated equipment at 1200 Artesia Boulevard (Verizon Wireless); and determination that the project is Categorically Exempt from the California Environmental Quality Act. Staff Recommended Action: To adopt a Minute Order granting the continuance to the October 20, 2015 meeting as requested by the applicant. ACTION: CONTINUED TO THE OCTOBER 20, 2015 MEETING AS REQUESTED BY THE APPLICANT (4-0). Section III 11. Staff Items a.Informational item – receive report for semi-annual on-sale alcoholic beverage Conditional Use Permit review process. b.Report on wireless communications facility for AT&T (originally at the Kiwanis building at 2515 Valley Drive). c.Review of Fiscal Year 2015-2016 Capital Improvement Program (CIP) for conformance with the City’s General Plan. ACTION: APPROVED BY MINUTE ORDER THAT THE FY 2015-16 CIP IS IN CONFORMITY WITH THE CITY’S GENERAL PLAN (4-0). d.Report on City Council actions. e.Report on comprehensive planning processes. f.Tentative future Planning Commission agenda. g.Community Development Department activity report of June, 2015. 12. Commissioner Items 13. Adjournment *Chapter 2.52, Section 2.52.040 of the Municipal Code provides for Council review and reconsideration of any decision of the Planning Commission by two affirmative votes at the 4 next regularly scheduled City Council meeting. In the event the Council initiates a review, the review will be placed on a future agenda of City Council within a reasonable time period, and the Commission’s decision is stayed pending Council’s review and final decision. Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0602 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF JULY 7, 2015 Recommended Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of July 7, 2015. Attachments: Minutes of July 7, 2015. Approved: Kelly Orta, Senior Recreation Supervisor Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MINUTES OF THE JULY 7, 2015 MEETING The meeting was called to order by Commissioner Rosenfeld. Pledge of Allegiance Roll Call Present: Commissioners: Jani Lange, Maureen Lewis, Isabel Rodriguez, Robert Rosenfeld Senior Recreation Supervisor, Kelly Orta Recreation Coordinator, Lisa Nichols Approval of Minutes: June 2, 2015 Motion was made by Commissioner Lewis to approve the Minutes of June 2, 2015. Commissioner Rodriguez seconded the motion. All Ayes. Public Comment Dency Nelson, Hermosa Beach resident and board member of Shakespeare by the Sea, shared information on Shakespeare by the Sea, a free event to be held on Wednesday, July 15 and Thursday, July 16 at Valley Park. Nelson thanked all the local sponsors who helped make the event possible. Merchandise will be on sale with all proceeds going towards production costs. Correspondence None. Matters for Commission Consideration A.) California Coastal Commission and Hermosa Beach LCP Presentation Orta presented the Staff Report. Leanne Singleton of the City of Hermosa Beach Community Development Department presented on the California Coastal Act Considerations in special events policy development. Commissioner Lewis asked if the term ‘fee to admit’ includes events that charge a participant fee. Orta responded yes. Commissioner Rosenfeld asked that if a volleyball tournament charged an entry fee would it be denied a permit. Orta responded that would be different since there are locations for viewing the event free of charge. It would be an issue if the event had a closed off area they were charging admission to. Singleton added that an area needs to be designated for public viewing, free of charge. Commissioner Rosenfeld said that hypothetically the Commission could schedule a volleyball tournament every day and there would be nothing against doing that besides public outcry. Commissioner Rosenfeld asked if a Local Coastal Program was to be adopted, would there be preventions on this then. Singleton added the public outcry alone could result in the Coastal Commission needing to take action. Commissioner Rodriguez asked if the Local Coastal Program was developed by the City themselves and then sent to the California Coastal Commission for approval. Singleton responded yes, that the California Coastal Commission would need to certify the program. There have been attempts in the past but it has not yet been certified. Commissioner Rodriguez asked what happened during the period the City has not been certified. Singleton responded the applicants needed both the City’s and the California Coastal Commission’s approval. Commissioner Rosenfeld asked the timeline for obtaining approval. Singleton responded the goal is to have the Local Coastal Program available for public viewing by Fall. Commissioner Lewis asked if a percentage is set on what area needs to remain open to help determine impeding public access. Singleton replied that she is not aware of a percentage set. Commissioner Rodriguez noted she did not see anything regarding handicapped needs. Singleton responded that is considered within the Beach Use Survey Report. Commissioner Lange asked if Manhattan Beach or Redondo Beach were using similar guidelines. Singleton replied she is not aware of their special event policies but she believes they are using certified Local Coastal Programs. The City received a grant to update the Local Coastal Program from the California Coastal Commission, along with other cities so many are working on updating their programs. Motion by Commissioner Lewis to receive and file the California Coastal Commission and Hermosa Beach LCP Presentation. Commissioner Lange seconded the motion. All Ayes. B.) Special Event Approval Orta presented the Staff Report. Carlos Rivera, representing Mark Bonfligli and Beach Tennis, shared information about the Hermosa Beach Open event. This will be the fourth year for the event and a Sexy Beach Tennis store opening will take place the same weekend. This year’s event is downsized with 20-40 players expected each day. Commissioner Lange asked what kind of press can be expected. Rivera replied the store opening will bring a lot of press due to the fact it’s the first Sexy Beach Tennis store. Commissioner Rodriguez shared concern regarding parking and amplified sound. Rivera replied that the event is not asking for parking for their players and the speakers used are similar to what is used each weekend by beach tennis players. Commissioner Lange noted the estimated number of participants is 100 in the submitted application. Rivera shared the number is now 40 expected participants each event day. Commissioner Lange and Commissioner Lewis asked if the dates were negotiable. Rivera replied due to the store opening and the permits obtained, it’s essential to hold the event on the proposed weekend. Date changes would result in lost players. Commissioner Lange shared his understanding and noted that he is conflicted due to the fact that the application was late and there’s a commitment made to eliminate multiple events on a given day. However, the event with the store opening is great for small businesses. Commissioner Lewis and Rodriguez agreed. Commissioner Rosenfeld stated the event producer is expected to adhere to application deadlines in the future. Motion by Commissioner Lange to approve the Hermosa Beach Open on September 25-27. Commissioner Lewis seconded the motion. All Ayes. C.) Election of Officers Orta presented the Staff Report. Motion by Commissioner Lewis to elect Commissioner Lange as chairperson for the Parks, Recreation and Community Resources Advisory Commission. Commissioner Rodriguez seconded the motion. All Ayes. Motion by Commissioner Lange to elect Commissioner Guheen as vice-chairperson for the Parks, Recreation and Community Resources Advisory Commission. Commissioner Lewis seconded the motion. All Ayes. D.) Committee Appointments Orta presented the Staff Report. Commissioner Lewis was assigned to the Pet Waste Subcommittee. Commissioner Guheen was removed. Commissioner Lange was assigned to the Community Theatre along with Commissioner Rosenfeld. Commissioner Lewis and Commissioner Rodriguez were assigned to Friends of the Parks. Commissioner Rosenfeld was removed. Commissioner Lange was assigned to the Hermosa Arts Foundation with Commissioner Rosenfeld. Commissioner Rodriguez was assigned to the Hermosa Five-O Senior Activity Center. Commissioner Lewis as assigned to the Hermosa Murals Project. Staff Report(s) A.) May Activity Report B.) June Activity Report Nichols shared recreation program highlights from May and June; the Hermosa Five-O Senior Center’s Open House celebrating its five year anniversary in May, the sold out excursion to the Heritage Square Museum and San Antonio Winery in May, the excursion to LACMA (the Los Angeles County Museum of Arts) in June, and the first week of Valley Park Day Camp held the week of June 29th with 46 children enrolled. C.) Brain Tumor Walk Event Update D.) Upcoming Special Events Orta shared upcoming special events in the month of July; AAU’s youth volleyball tournament, USAV High Performance Championships, Shakespeare by the Sea, Smackfest’s adult volleyball tournament, CrossFit, the Special Olympic activities, AAU’s youth volleyball tournament, and NORCEQA with USAV’s youth volleyball tournament. Commissioner’s Reports A. City Council Directed Subcommittees a. Special Event/Beach Volleyball - Guheen & Lange Commissioner Lange shared that a meeting was held with City Staff that morning. The next step is to focus on the commercial zone and the possibility of adding additional courts. Then there will be community outreach, including all stakeholders, with a meeting held at the Clark Building at the end of July or early August. B. Ongoing Subcommittees a. Pet Waste – Guheen - No report C. Commission Liaison a. Community Garden/South Park Project – Guheen - No report b. Community Theatre - Rosenfeld & Raymond Commissioner Rosenfeld shared the film festival is still in the planning stages. The website is www.southbayfest.com. A Hermosa Cinema Society was created to assist in supplying year round programming in the Hermosa Beach Community Center. The producer of the film festival has also contracted with the City to offer filmmaking classes for young adults and adults. c. Hermosa Arts Foundation – Rosenfeld See Community Theatre. d. Friends of the Parks – Rosenfeld - No report e. Historical Society/Museum - Raymond and Lange The Historical Society hosted the Leadership Hermosa Graduation in June. Their next event is a Dancing through the Decades event with a 1920’s theme. The Historical Society is also hosting athletes from the Special Olympics. f. Surfer’s Walk of Fame – Lange - No report Items Requested by Commissioners None. Other Matters None. Motion by Commissioner Lange to adjourn the meeting. Commissioner Rodriguez seconded the motion. All Ayes. Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0613 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF JULY 15, 2015 Recommended Action: To receive and file the action minutes of the Public Works Commission meeting of July 15, 2015. Attachments: Action Minutes of July 15, 2015 Approved: Andrew Brozyna, Public Works Director Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ ACTION MINUTES PUBLIC WORKS COMMISSION MEETING OF WEDNESDAY, JULY 15, 2015 CITY HALL, COUNCIL CHAMBERS 1315 VALLEY DRIVE COMMISIONERS Janice Brittain Andrea Giancoli Kimberlee MacMullan Rob Saemann Justin Schnuelle All public testimony and the deliberations of the Public Works Commission can be viewed on the City’s website at http://www.hermosabch.org/index.aspx?page=358. 1. Call to Order 7:00 PM 2. Flag Salute 3. Roll Call Present: Commissioner Brittain, Commissioner Giancoli, Commissioner Saemann, Commissioner Schnuelle (arrived at 7:07 pm) and Chairwoman MacMullan. Also present: Andrew Brozyna, Public Works Director/City Engineer; Ells Freeman, Public Works Superintendent; Mike Jenkins, City Attorney; Liz Zeigler, Management Analyst; Shelli Margolin-Mayer, Economic Development Officer; and Scott Ma, Traffic Engineer, Hartzog & Crabill, Inc. 4. Approval of Action Minutes for May 20, 2015 ACTION: MOTION was made to approve the minutes of March 18, 2015, seconded and the motion carried by a vote of 4-0; Giancoli abstained; and Commissioner Schnuelle was not present. 5. Public Comment: Anyone wishing to address the Commission on items not on the agenda and pertaining to Public Works may do so at this time. None 6. Correspondence Items received were marked Supplemental 1-8 for Item 7a. 7. Items for Consideration a. Request to Remove Trees From the Public Right of Way at 78 18th Street and 90 18th Street Commissioner questions and the corresponding Staff responses follow: Are the trees other than the ficus damaging property? Yes Does the applicant have the option to not move forward with the permit? Yes Can the other trees be saved with root trimming? It is possible. Do we know who owns the common walls between the properties? Does the owner of the tree pay for the damage to the wall or the tree removal? The walls are common walls and from the 2 City’s perspective there is no public nuisance, but because residents have an encroachment they would settle the costs amongst themselves since they are requesting the removal. How far does the encroachment extend? The trees are in the encroachment area. What are we legally able to require? Does the tree have to be mature? City Attorney, Mike Jenkins, stated that the Commission has the discretion to order the trees to be replaced with trees of comparable type and size, but the Commission needs to be reasonable and exercise discretion based on practicality and feasibility at the location. Was the arborist report provided to the owners of the three properties in question? Yes. Is there a replacement time for the trees? The ordinance states 30 days. What is the City’s ability to ensure the replacement of the trees with the proper size and type of trees? City Attorney’s response: The best mechanism to enforce a requirement for the tree replacement is to require a guarantee be provided to the City as a condition of issuing the permit. The amount should be of a sufficient amount to assure that the trees will be replaced properly, so that if they are not, there is enough money on hand for the City to replace the trees. This can be accomplished with a surety bond, letter of credit, or cash deposit for the full cost of the tree, labor and administrative costs. Are the three trees on the approved tree list? No and the replacement trees must be trees on the approved tree list. What happens to the trees once they are removed? It depends on what the company removing the tree decides to do. Does the City have leverage to enforce the replacement of the trees? Yes, but using the bond is much easier. Public Comment on the item included: Former owner of the house in the middle, 88 18th Street, Lance Keller, stated he sold the house with a condition that the trees damaging the patio walls be removed and replaced. The new owner held some of the sales proceeds to ensure the removal of the trees by the end of July. He stated that he contacted an arborist that recommended non-fruit bearing olive trees on the approved tree list or a fruit bearing pomegranate tree, not on the list. The arborist suggested trees with a 24 gallon bottom which are mature but not full-grown. Sandy, owner at 78 18th street, stated that the trees are damaging the property and agrees that the trees need to be removed. She said she was advised to use 24 gallon container and to plant a melaleuca, approximately 10 feet tall. Lael Stabler, 66 18th Street, stated that on two separate occasions the neighborhood approved special assessments for the walk-street improvements and planters on 18 th St. Ms. Stabler asked the Commission to consider the needs of the homeowners while also giving special consideration to the carob tree and indicated that the landscape architect she contacted suggested installing a root barrier system around the base of the tree. Jerry Tangert, resident at 39 18th Street, urged the Commission to save the trees and added that if they can’t be saved then replace them with larger trees. Additional Commission comments: Commissioner Saemann asked Lance Keller if the house he sold at 88 18 th Street was empty and slated for demolition? Mr. Keller responded in the affirmative. Commissioner Brittain commented that the City has been working to remove ficus trees and that since the home at 88 18th Street is slated to be demoed the trees may be damaged anyway and approving the permit would ensure the replacement of the trees. Commissioner Giancoli added that the Commission should satisfy both the needs of the neighborhood and the homeowners, if possible. Commissioner Schnuelle commented that perhaps the trees should be replaced after construction instead of within thirty days. Mr. Brozyna said that could be considered. 3 Mike Jenkins added that is doesn't matter who puts up the bond and that the logistical details could be coordinated and approved at the Staff level. Commissioner MacMullan asked about the process after the Commission approves the tree removal permits. Mr. Brozyna stated that Public Works will set the conditions and inspect the work. Commissioner Schnuelle asked whether the Commission could set a condition that the issuance of the Certificate of Occupancy be dependent upon the tree replacements being completed? Mike Jenkins said it is possible. Commissioner Saemann added that a landscaping plan is required for the building permit and final inspection will check whether the landscaping plan is complete. He added that he doesn’t want to remove the carob tree and would support the removal of the other trees provided they are replaced with trees that are 20-25 feet high. Mr. Keller commented that the trees on the approved list trees don't get to 20-25 feet, however Mr. Brozyna pointed out that the list does not indicate the final height of the trees. Commissioner Schnuelle commented that big canopy trees usually have large root systems and that most likely large trees are not practical in this area. Commissioner Saemann inquired whether exceptions to using trees from the approved tree list are allowable. Mike Jenkins responded that the Municipal Code dictates the use of the list. Commissioner Brittain requested that Public Works look into adding more trees to the City’s Approved Tree List. ACTION: Commissioner Brittain made a motion to approve the removal of all three trees on both properties with a condition that a bond be provided to the City to ensure that the trees are replaced and the project be managed by the Director of Public Works. The motion was amended to require a minimum 24 foot gallon box as requested by Commissioner Schnuelle. The original motion and this amendment passed by a vote of 3-2; Giancoli and Saemann opposed. The proposed amendment by Commissioner Giancoli and seconded by Commissioner Saemann to require 20 foot trees failed by a vote of 3-2. b.Implementation of Bicycle Friendly Routes on 22 nd Street / Monterey Boulevard and Longfellow Avenue Scott Ma, Traffic Engineer with Hartzog & Crabill, made a presentation to the Commission. Public Comment included: Jacqueline Sun, Community Policy Analyst for Beach Cities Health District/Blue Zones Project, expressed support for the project and requested that the Commission recommend the project to the City Council George Schmeltzer, resident at 275 Valley Drive, expressed his support for the project and spoke about the growth of optional bicycling Dave Sunis, resident of Manhattan Beach and member South Bay Bicycle Coalition, also supported the project Charlene DuPaula, resident of Manhattan Beach, President of South Bay Bicycle Coalition expressed support for the project and urged that other elements of the Bike Master Plan be implemented as well Steve Collins, Redondo Beach resident and part owner of Hermosa Cyclery, spoke in favor of the bike paths Julian Katz, spoke on behalf of the South Bay Bicycle Coalition, expressed support for the project and added that bike sharrows on Monterey will help relieve traffic on The Strand Kelly Mohan, Redondo Beach resident, stated that she lived on Monterey before and that it is a good street for a bike path Craig Cadwallader, spoke on behalf of the Surf Rider Foundation and encouraged the Commission to approve the project 4 Commissioner comments were as follows: Commissioner Brittain and MacMullan agreed with the use of Monterey Blvd. and Longfellow for bike paths ACTION: Motion was made by Commissioner Giancoli that the Public Works Commission recommend to the City Council to approve the installation of Bike Friendly Street improvements on 22nd Street/Monterey Boulevard and installation of Class III Bike Route improvements on Longfellow Avenue; seconded by Brittain, motion passed unanimously. c.Downtown Core Strategic Plan Update Shelli Margolin-Mayer, Economic Development Officer, presented the Staff Report. Andrew Brozyna commented that Public Works would most likely bring the item back to the Commission in late fall with further details. Commissioner Saemann asked about the Community Center underground parking mentioned in the report and Ms. Margolin-Mayer indicated that this was only in the discussion/concept phase. Commissioner MacMullan requested that additional bike parking be included as well. Ms. Margolin-Mayer added that General Plan updates are being incorporated into the Downtown plan. ACTION: Motion was made by Commissioner Brittain to receive and file the Downtown Core Strategic Plan Update, seconded by Commissioner Saemann, and the motion passed 5-0. 8. Presentation - Adopted FY 15/16 CIP Program and Adopted 5 Year CIP Plan ACTION: None 9. Commissioners’ Reports ACTION: None 10. Monthly Reports ACTION: None 11. Commissioners’ Announcements ACTION: None 12. The Regular Meeting of the Public Works Commission for July 15, 2015 was adjourned at 9:44 p.m. to the Regular meeting of Wednesday, September 16, 2015 at 7 pm. Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0612 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 PROJECT STATUS REPORT AS OF JULY 31, 2015 (Public Works Director Andrew Brozyna) Recommended Action: To receive and file the Project Status Report as of July 31, 2015. Attachments: Project Status Report as of July 31, 2015 Respectfully Submitted by: Andrew Brozyna, Public Works Director Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ Priority Project Name Start Date Estimated End Date Completion Date Project Budget Project Manager Comments Street and Highway Improvements High CIP 04-116 Pier Avenue/Hermosa Avenue to PCH Installation of new marquee for the corner of Pier Avenue and PCH 09/15/15 01/15/16 $50,000.00 Ells Freeman $50k donated by the HB Chamber of Commerce High CIP 14-128 Street Improvements - Various Locations 12/01/14 10/30/15 $749,468.00 Lucho Rodriguez / Brian Elkins Description: Pavement rehabilitation of streets at various locations per the Pavement Management Program Report. Design Phase 12/01/14 05/20/15 Construction Bid and Award Phase 04/30/15 07/21/15 Contract awarded to Palp,Inc. DBA Excel Paving. Construction Phase 08/24/15 10/30/15 Pre-con scheduled week of 8/24/15 High CIP 15-129 Street Improvements - Various Locations 09/01/15 09/01/16 $1,018,000.00 Lucho Rodriguez/Brian Elkins Description: Pavement rehabilitation of streets at various locations per the Pavement Management Program Report. Design Phase 09/01/15 02/01/16 Construction Bid and Award Phase 03/01/16 05/30/16 Construction Phase 03/06/15 09/01/16 CIP 11-141 Gould Avenue Street Improvements 03/30/15 07/30/15 $67,450.00 Lucho Rodriguez Description: Pavement and Sidewalk Rehabilitation of Gould Avenue/27th Street between Sepulveda Avenue and Manhattan Avenue. Feasibility Study 03/30/15 07/30/15 Report will be circulated in preparation for next phase. High CIP 12-143 PCH/Aviation Mobility Improvements 11/01/14 04/01/21 $1,300,000.00 Andrew Brozyna Description: Improvements to PCH and Aviation Blvd to turn them into Complete Streets. Improvement will include gateway signs, medians and sidewalk, street and pedestrian lighting, bus shelters and street furnishings. Pre-Design Phase 11/01/14 09/01/17 PSR 11/01/14 01/01/15 01/01/15 PAED 01/01/16 01/01/18 Design Phase 01/01/18 04/01/19 Complete PSR and 60% Design - Phase I 01/01/18 10/01/18 Complete 90% Plans - Phase I 10/01/18 04/01/19 Begin Construction - Phase I 10/01/19 04/01/21 CIP 12-160 PCH Traffic Improvements 06/16/14 06/15/16 $235,975.00 Vince Damasse Description: Improve operational mobility on PCH (State Route 1) between Anita Street and Artesia Blvd., includes new striping, median curb extensions and revised signal timing. Design Phase (estimated completion date)06/16/14 10/30/15 $88,000.00 Traffic Control Plan completed by Stantec on 6/30/15. Permit Phase 09/29/14 09/30/15 Resubmitted plans to Caltrans for their review. BId Phase 11/01/15 12/02/15 Caltrans review comments pending week of 8/24/15 Council Award Date (tentative)01/15/16 02/15/16 Tentative Construction Phase 03/15/16 06/15/16 $216,000.00 Attachment 1 Priority Project Name Start Date Estimated End Date Completion Date Project Budget Project Manager Comments High CIP 14-163 Protective Bollards Along the Strand 01/21/15 10/15/15 $25,000.00 Andrew Brozyna/Joel Ortiz Description: Install bollards at openings to the Strand to prevent errant vehicles from entering. Presentation of delineators to PW Commission 01/21/15 01/21/15 Presentation of delineators to PW Commission 03/18/15 03/18/15 Presentation to City Council 04/14/15 04/28/15 Presentation to Public Works Commission 05/20/15 05/20/15 Presentation to Public Works Commission 09/16/15 07/15/15 Design Phase 01/21/15 09/15/15 Council Presentation 10/13/15 10/13/15 Construction Phase (pending Design Phase)10/01/15 10/15/15 CIP 14-168 Sharrows 05/20/15 10/20/15 $20,000.00 Andrew Brozyna Description: Installation of sharrows, associated traffic furnishings and pavement rehabilitation the entire length of Valley Drive. Council Update 09/08/15 09/08/15 Traffic Eng to study feasibility and alternative bike routes Construction 09/22/15 09/23/15 High CIP 14-173 8th Street Study 12/01/14 10/30/16 $140,000.00 Homayoun Behboodi Description: Improvements to provide "safe sidewalks, ADA curb access ramps on one or both sides of 8th Street for residents, improve crosswalks and improve public use. Preliminary Engineering/Design Alternatives 12/01/14 10/29/15 City Council to review and select conceptual designs, to be incorporated into the Preliminary Design. Design Phase (pending Prelim Engineering)10/30/2015 03/31/2016 Pending funding Bid and Award Phase (pending Design Phase)04/04/2016 06/06/2016 Pending funding Construction Phase (pending Design Phase)07/04/2016 10/30/2016 Pending funding Sewer Improvements High CIP 13-401 Sewer Improvements - Various Locations 01/13/14 09/22/15 $269,660.00 Homayoun Behboodi Description: Engineering and Construction of sewer work required to be performed in association with and in advance of streets designated for rehabilitation for FY 13-14. Design Phase 01/13/14 03/03/14 Bid and Award Phase 03/04/14 05/26/14 Construction Phase 05/27/14 10/17/14 $339,981.00 Punch List Items 10/20/14 11/07/14 Completed, in project closeout stage Additional Work - Herondo Street Reclaimed Water Line 12/01/14 12/01/14 Construction for Additional Water Line 03/02/15 05/29/15 $138,130.00 High CIP 14-402 Sewer Improvements - Various Locations 11/17/14 08/15/15 $104,975.00 Vince Damasse Description: Engineering and Construction of sewer work required to be performed in association with and in advance of streets designated for rehabilitation for FY 14-15. Design Phase 11/17/14 02/19/15 Bid & Award Phase 02/23/15 03/24/15 Construction Phase 05/18/15 08/15/15 Construction substantially completed on 7/10/15. Punch list items being addressed. Project closeout in process. Attachment 1 Priority Project Name Start Date Estimated End Date Completion Date Project Budget Project Manager Comments High CIP 15-403 Sewer Improvements - Various Locations TBD TBD $5,500,000.00 Lucho Rodriguez Description: Engineering and Construction of sewer work required to be performed in association with and in advance of streets designated for rehabilitation for FY 15-16. Design Phase TBD TBD Bid & Award Phase TBD TBD Construction Phase TBD TBD Park Improvements CIP 14-502 Clark Field & Community Center Tennis Lighiting 04/15/15 TBD $121,792.00 Ells Freeman Description: Installation of light fixtures at the Community Center ($63,904) and Clark Park ($21,088) tennis courts. The proposed light fixtures provide enhanced light levels would require more energy than the existing light fixtures. The increase in energy costs would be $608 annually. In addition, the installation of this project may require the reimbursement of $36,800 in EECDG funds received by the City for the tennis court lights installed in June 2012 at the Community Center. Waiting on Community Resources to allow work. CIP 14-503 Lawn Bowling Green Complex Lighting 08/13/15 TBD $60,000.00 Joel Ortiz Description: Installation of eight light poles and fixtures at the Lawn Bowling Green Complex. CIP assigned to Joel Ortiz, kick-off meeting and briefing on the project held on August 13th High CIP 11-537 South Park Playground Improvement 11/12/13 10/30/15 $882,313.00 Lucho Rodriguez Description: Demolition of existing skate park and construction of a natural playground for 2-5 year olds and a 6-12 year old play area. Project under construction 75% complete. Project will extend to end of October 2015 Design Phase 11/12/13 09/26/14 Bid Phase 01/08/15 02/18/15 Award 03/10/15 03/10/15 Construction Phase 04/06/15 10/30/15 CIP 13-538 Citywide Park Master Plan 07/04/15 04/07/16 $143,853.00 Homayoun Behboodi Description: Update the City's 1990 Park Master Plan. RFP Phase 07/04/15 10/06/15 RFP in progress CIP 14-539 Valley Park Playground Surface Renovation 11/03/14 10/31/15 $21,128.00 Joel Ortiz Description: Resurface existing poured rubber playground surface at Valley Park protecting the surface from UV Rays, cracks and granulation. Preliminary Phase 11/03/14 09/30/15 Attachment 1 Priority Project Name Start Date Estimated End Date Completion Date Project Budget Project Manager Comments High CIP 14-541 Clark Field Energy Efficient Electrical Upgrades - Phase II 01/19/15 03/30/16 $222,222.00 Vince Damasse Description: Upgrade the existing poles and field lighting to increase efficiency. Project includes providing ADA accessibility to the grand stands. RFP Phase 01/19/15 03/12/15 Award Date PSA 05/26/15 05/26/15 Design Phase 05/27/15 08/24/15 Design in progress. Two ADA preliminary designs Award Date Construction (tentative)09/30/15 10/20/15 submitted by Consultant on 8/18/15. Under review Construction Phase 11/17/15 03/30/16 by staff and Building & Safety Public Building and Ground Improvements High CIP 13-656 Citywide Energy Efficiency Upgrades - Phase I 04/10/14 09/25/15 $723,907.80 Lucho Rodriguez Description: Conduct energy audits for all City facilities and assess areas where the City can reduce electricity and natural gas and increase efficiency of these facilities. Phase I: Consists of upgrading the lighting systems at multiple sites, including: Building Interior, Building Exterior, City-owned Street Lights and Park Lights. Phase I: Design Phase & SCE Application Process 04/10/14 09/30/14 Phase I: Bid and Award Phase 09/11/14 10/14/14 Phase I: Construction Phase 02/23/15 09/25/15 High CIP 12-609 Downtown Strategic Plan Implementation 07/15/15 03/05/18 $252,847 Homayoun Behboodi Description: Downtown Core revitalization Strategy (Hermosa Ave, Pier Plaza and Pier Head Streetscape Project) Phase: I RFP/Conceptial Design 07/15/2015 05/05/2016 Phase: II Design 07/01/2016 10/15/2017 Pending funding Phase:III Construction 07/01/2017 03/05/2018 Pending funding CIP 13-606 Fire Station Renovation and Upgrades TBD On-Hold $10,000.00 Ells Freeman/FD Project Delayed due to FD Structural Report Description: Upgrade or repair kitchen cabinets, exterior sliding door and apparatus bay door. CIP 15-607 Fire Station Renovation and Upgrades TBD On-Hold $209,000.00 Ells Freeman/FD Project Delayed due to FD Structural Report Description: Upgrades to Fire Station including new interior/exterior paint, replacement of first floor carpet, installation of double pane windows on second floor, reloaction of air compressor in tower into new cabinet, and kitchen cabinets CIP 14-614 Police Facilities Improvements Description:The project involves creating additional secured storage for property and evidence, consolidation of range and armory equipment, installation of new updated locks on secured doors in the police department, and storage on PD ramp. 06/04/15 06/30/16 $107,972.00 Ells Freeman / PD In-progress: wiring for gun range, a/c, wash down sink, floor renovations, and sally port improvements. Police lock improvements will be completed in FY 15/16. Construction 06/04/15 06/30/16 Attachment 1 Priority Project Name Start Date Estimated End Date Completion Date Project Budget Project Manager Comments CIP 15-615 Corporate Yard Facility Description:This overall project which spreads over 5 year period, consists of the construction of a new Corporate Yard Facility to include approximately 50,000 SF of new buildings comprised of Administration, Sewer, Storage, Shops, Fleet Maintenance, and Employee Services. Site improvements will include new material bins, surface parking, and a fueling island. The new facility may potentially be located offsite from the existing yard site. The phase of work budged for FY 2015-16 will include Design of the new Yard and to begin addressing soil contamination (removal or containment). TBD TBD $50,000.00 Ells Freeman High CIP 14-632 Fire Department Tower Demolition 12/01/14 02/16/16 $226,395.00 Andrew Brozyna/Vince Damasse Description: Demolition and removal of the Fire Dept. tower and seismic upgrades to the 2nd floor addition. Complete Historic Review and Alternatives 04/24/12 08/24/15 Design 12/01/14 09/15/15 Finalize Structural Analysis 09/16/2015 10/01/2015 Council Award Date Construction (tentative)10/13/2015 10/13/2015 Relocate Police and Fire Staff 10/14/15 10/20/15 Construction Mobilization 10/20/15 11/02/15 Construction Completion 11/03/15 02/02/16 Move Staff Back to Police/Fire Building 02/03/16 02/16/16 CIP 15-634 Municipal Solar Facility Plan and Installations TBD 06/30/2016 Description: The project is soliciting proposals from solar energy service providers to design, install, finance, own, operate and maintain one or more solar photovoltaic systems at certain municipal facilities under a power purchase agreement or solar lease agreement. The City anticipates purchasing from the provider all of the energy output generated by the systems. Phase 1: RFP process for municipal solar program and financing option; select consultant: FY 15/16; Phase 2: Engineering, permitting, financing and installation of solar projects: FY 15/16 $50,000.00 Kristy Morris CIP 13-649 Community Center General Improvements - Phase I and Clark Field Electrical CIP 13-602 09/22/13 09/30/15 $229,529.00 Vince Damasse Description: On-going electrical upgrades and repairs to existing electrical systems in the Community Center and Clark Field electrical upgrades Project substantially completed; Project close out pending completion of Clark Field electrical panel Design Phase 09/22/13 06/11/15 Bid & Award Phase 06/12/14 07/30/14 Council Award Date 08/26/14 08/26/15 Construction Phase 11/01/14 09/22/15 Project Closeout 11/01/14 09/30/15 Attachment 1 Priority Project Name Start Date Estimated End Date Completion Date Project Budget Project Manager Comments CIP 13-655 City Facilities ADA Improvements 11/01/14 11/15/15 $146,159.00 Lucho Rodriguez Description: Installation of self-opening doors at the Civic Center and Clark building to comply with ADA guidline. Will upgrade 6 doors to meet ADA Design Phase 11/01/14 03/15/15 Design complete need HUD input Bid and Award Phase 07/16/15 08/16/16 No bids received after advertising. Re-Bid and Award Phase 08/20/15 09/22/15 Construction Phase 09/23/15 11/15/15 High CIP 10-661 Surfing Memorial Statue 11/10/14 10/03/14 $223,635.00 Vince Damasse Description: Installation of a surf legends memorial bronze statue in front of the Community Center. Committe Review & Commitment to Design 04/06/15 04/23/15 PS & E 05/12/15 05/12/15 Council Award PSA & Trust agreement 06/08/15 10/30/15 Bid & Award Council Award date 06/16/14 09/18/15 Construction Phase 06/16/14 10/03/14 Construction started on June 8, 2015. Construction in progress. Anticipate substantial completion in late September 2015. CIP 13-664 Comprehensive City Facilities Master Plan 06/17/15 09/01/15 $135,469.00 Vince Damasse Description: Assess the condition of city facilities, Seismic evaluation, asbestos/lead survey, ADA compliance/transition plan, space needs study and equipment conditions/upgrades. Study, Review and Condition Assessment 06/17/15 09/01/15 Project substantially 100% complete; Final draft reports currently under review. CIP 15-650 Community Center General Improvements - Phase III 01/01/2016 06/30/2016 $50,000.00 Joel Ortiz/Ells Freeman Description: On-going improvements to the Community Center including, Repairs to windows, doors and minor architectural. Attachment 1 Priority Project Name Start Date Estimated End Date Completion Date Project Budget Project Manager Comments CIP 15-657 City Right of Way ADA Improvements TBD TBD 238,000.00$ Joel Ortiz Description: The City Facilities ADA Improvements consists of removal and replacement non-compliant street curb ramps or sidewalk where no curb ramps exist and constructing new ramps to be in compliance with the Americans with Disabilities Act (ADA). The Citywide facilities ADA assessment study will be included in the CIP13-664 City Facility Condition Assessment and Asbestos Report. CIP 15-660 Municipal Pier Structural Repairs - Phase III TBD TBD 333,318.00$ Vince Damasse Phase I was completed in May 2013. Phase II was completed in May 2015. Phase III will involve the replacement of existing conduit, junction boxes, connections and wiring so that the lights can be functional. The project will also eliminate the service box towards the end of the pier and create a new service connection point for the foghorn at the end of the pier. Funds remaining from FY 14/15 will be combined with this project. CIP 15-665 LED Lights for Lot D 08/01/2015 10/31/2015 16,500.00$ Ells Freeman Description: The project is designed to illuminate Lot D with LEDs. CIP 15-667 Community Center, Plaza, and Park Improvements TBD TBD 69,688.00$ Ells Freeman Description: Relocation of Jazz and Surfer's Walk of Fame plaques and creation of a cultural monument - $15K; Modification of existing fencing and installation of additional fencing at the Community Center to prevent homeless encampment around the building - $12,459; Replacement of the marquee for the Community Theatre. The existing marquee name "Hermosa Beach Playhouse" would be changed to the official name of the Theatre - $19,348; Replacement of wood floors with vinyl tiles in Room 7, which hosts the After School and After Camp Programs - $7,976; Replacement of the wood floor with vinyl tiles in Room 12, which currently acts as the Community Theatre's Dressing Room - $5,789; Replace two water fountains, one at Sea View Park and one at Fort Lots-O-Fun Park - $4,620; Replace the water fountain at Jarvis Memorial Park with bottle filler type water fountain - $4,496 Attachment 1 Priority Project Name Start Date Estimated End Date Completion Date Project Budget Project Manager Comments Non-CIP Projects EV Charging Stations - Establish Parking and Fees 04/01/14 11/30/15 Kristy Morris Mini-Bike Corrals/Bike Racks 03/01/15 10/30/15 20,000.00$ Kristy Morris/Ells Freeman Bike racks have been purchased Sea Level Rise Grant 07/01/14 11/30/15 50,000.00$ Kristy Morris Pavement Management Program - FY 15/16 TBD TBD Lucho Rodriguez Replace Ceiling Tiles - Police and Fire Departments TBD TBD 10,420.00$ Ells Freeman On-hold pending completion Fire Tower Demo Paint Fire Department TBD TBD 15,000.00$ Ells Freeman On-hold pending completion Fire Tower Demo Civic Center Upkeep On-going On-Going 275,485.00$ Ells Freeman 1st Floor Conference Room painting for FY 15/16 Stormwater Management Program and Funding Mechanism TBD TBD 65,000.00$ Andrew Brozyna Replacement of Carrier Air Conditioning Unit Controls TBD TBD 32,000.00$ Ells Freeman Parking Counting System 01/01/15 09/30/15 58,000.00$ Joel Ortiz Field Visit completed on Wednesday, August 12th. Statement of Working days Used and Remaining sent to Contractor. Document Scanning and Imaging 07/15/15 TBD 17,216.00$ Sonali Tambe/Liz Zeigler Condtion Assessment of 10 Sewer Lines 08/01/15 02/28/16 5,000.00$ Ells Freeman Street Striping 11/20/15 11/30/15 15,000.00$ Ells Freeman City Council Chambers Audio/Visual Improvements 07/01/15 12/30/15 163,780.00$ Homayoun Behboodi RFP 07/01/15 09/30/15 Installation 12/01/15 12/30/2015 Attachment 1 Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0573 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 PURCHASE OF VEHICLE FOR THE POLICE DEPARTMENT (Police Chief Sharon Papa) Recommended Action: Staff recommends that Council 1.Authorize the purchase of one (1) 2014 Chevrolet Caprice sedan to replace an existing 2005 Ford Taurus sedan; 2.Reappropriate $17,900 from Fiscal Year 2014-2015 Equipment Replacement Fund; and 3.Appropriate an additional $13,999.76 from the 2015-2016 Equipment Replacement Fund. Background: Police Department vehicles are part of the inventory in the Equipment Replacement Schedule. For Fiscal Year 2014-2015, the following vehicle was scheduled for replacement: One (1) 2005 model year Ford Taurus sedan The 2005 Ford Taurus sedan was originally scheduled to be replaced in Fiscal Year 2013-2014, but that replacement has been deferred to the current budget year (2015-2016) . Currently, the 2005 Ford Taurus Sedan has over 60,000 miles. However, vehicle mileage is not the only factor to consider when looking at the service life of a police vehicle. The City mechanic rates this vehicle as poor to average running condition, with high exterior wear and moderate interior wear. In addition to mileage, the number of hours on a vehicle engine needs to be considered. The City mechanic estimates that based on the hours, this vehicle has the equivalent of 120,000 miles. This vehicle has had a transmission replaced and all of the wear and tear items (such as rubber hoses and tubing) are now 10 years old. Hermosa Beach Printed on 8/20/2015Page 1 of 3 powered by Legistar™ Staff Report REPORT 15-0573 The 2014 Chevrolet Caprice costs more than the funds originally budgeted for in the Equipment Replacement Fund for the 2005 Ford Taurus. However, during Fiscal Year 2014-2015, the Police Department conducted a review of its vehicle fleet (not including motorcycles and other special use vehicles) and determined that the total fleet could be reduced by one (1) vehicle and still remain operationally effective. The 2007 Chevrolet Impala sedan that was also due to be replaced is now being eliminated. By reducing the total fleet by one, the additional cost needed to purchase the 2014 Chevrolet Caprice sedan will be offset by not replacing the 2007 Chevrolet Impala. When the 2014 Chevrolet Caprice sedan is received, the 2007 Chevrolet Impala will be taken out of service. It is recommended that Council authorize staff to purchase one (1) 2014 Chevrolet Caprice sedan from Wondries Fleet Group in Alhambra, California as part of the purchase contract with the City of Los Angeles, California (PO # 0001580979). The purchase price of this vehicle is $30,488.42 including all applicable taxes and fees. Additionally, this vehicle requires modifications, including communication and lighting equipment, in order to be properly prepared for use as a detective vehicle. This equipment is purchased and installed by the South Bay Regional Public Communications Authority (SBRPCA), in Hawthorne, CA. The City of Hermosa Beach is a contract member of the SBRPCA and is thus able to procure and have this equipment installed by the SBRPCA at a reduced cost. Per the SBRPCA, the cost to purchase and install the equipment needed to properly prepare the 2014 Chevrolet Caprice sedan for its intended use is approximately $1,411.34. The total price to purchase and properly outfit the 2014 Chevrolet Caprice sedan is $31,899.76. Fiscal Implications: Funds required for the purchase and equipping of the above vehicle need to be reappropriated from Fiscal Year 2014-2015 into the Equipment Replacement Fund for Fiscal Year 2015-2016. Additionally, due to the increased cost to replace and outfit this vehicle, an additional $13,999.76 will need to be appropriated from this fund. Attachments: 1. Wondries Fleet Group Quote 2. SBRPCA Quote Hermosa Beach Printed on 8/20/2015Page 2 of 3 powered by Legistar™ Staff Report REPORT 15-0573 Hermosa Beach Printed on 8/20/2015Page 3 of 3 powered by Legistar™ July 20, 2015 Sgt. Landon Phillips Hermosa Beach Police Department 1315 Valley Dr. Hermosa Beach, CA 90254 Delivery Via Email Dear Sgt. Phillips, In response to your inquiry, we are pleased to submit the following for your consideration: Wondries Fleet Group will sell, service and deliver at Hermosa, new/unused 2014 Chevrolet Caprice sedans responding to your requirement with the attached specifications for $ 27,963.00 plus State Sales Tax, and $8.75 tire tax (non-taxable). Pricing includes full wheel covers and no spot lights/changes to remove spots. These vehicles are available under the Los City PO# 0001580979. Terms are net 30 days. Delivery is 15 days. Sincerely John Oviyach Wondries Fleet Group CUSTOMER SHIP TO: P.O. NUMBER TERMS JOB OR UNIT # QUAN DESCRIPTION PRICE EACH AMOUNT QUOTE DATE QUOTE #CUST #4440 WEST BROADWAY HAWTHORNE CA,90250 310-973-1802 FAX: 310-978-0892 Hermosa Beach Police Department Hermosa Beach Police Department Hermosa Beach CA 90254 NET 30 4/9/2015 0000000536 0072026 1.00 MPS600U-RR 72.42 72.42MicroPulse Ultra (Red, Red) Super low profile design 1.00 MPS600U-BB 72.42 72.42MicroPulse Ultra (Blue, Blue) Super low profile design 4.00 MPS600U-BR 73.44 293.76MicroPulse Ultra (Blue, Red) Super low profile design 1.00 SSFPOSI6 62.40 62.40100% Solid-State, Headlight and Taillight Flasher, 2 Outlet, 160 Watts Per Outlet, Seven Flash Patterns, For 2006-2015 Chevy Impala, 2011-2015 Chevy Caprice and 2007-2015 Chevy Tahoe Police Package Vehicles, 2.00 VTX609B 77.40 154.80 Blue, 9' Cable 1.00 911 OEM disguise antenna 450-512 1.00 UM80K 407.69 407.69SIREN AMP ONLY 1.00 UMNC029 19.50 19.50Unitrol siren interface cable 1.00 ES 100 152.49 152.49SIREN SPEAKER 1.00 ES8-U 12.75 12.75UNIVERSAL SIREN BKT 1.00 MISC PARTS INSTALL WIRE, LOOM, HARDWARE 1.00 FHL-TAIL 46.58 46.58TAIL LIGHT FLASHER INTERCEPTOR UTILTY Here is the quote you requested for the chevy undercover caprice $1,294.81 $116.53 $1,411.34 SUBTOTAL TAX TOTAL Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0623 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 SUBJECT: FINAL MAP NO. 72919 (C.U.P. CON NO. 14-10, PDP NO. 14-15) LOCATION: 1720 PROSPECT AVENUE APPLICANT(S): ROBERT SALIM REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL PARCEL MAP FOR A 2-UNIT RESIDENTIAL CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Recommended Action: Staff recommends approval of Final Parcel Map No.72919 which is consistent with the approved Vesting Tentative Parcel Map,and recommends the City Clerk be directed to endorse the certificate for said map. Background: The Planning Commission approved a Conditional Use Permit for a 2 unit residential condominium project and Vesting Tentative Parcel Map No.72919 at their August 19,2014 meeting.The project is currently under construction. Process: Once a map has been tentatively approved by the Planning Commission,copies of the tentatively approved map must be submitted to the L.A.County Engineer,who is contracted by the City,to review the map for its technical correctness (pursuant to Section 66442(a)(4)of the Subdivision Map Act). An applicant has two years from the date of tentative map approval to submit for final map approval. Typically applicants have not submitted for final map approval until projects are near completion and ready to be sold. Final maps must be submitted to the City Council and must be approved by the City Council,“...if it conforms to all the requirements of [Subdivision Map Act]and any local subdivision ordinance Hermosa Beach Printed on 8/20/2015Page 1 of 2 powered by Legistar™ Staff Report REPORT 15-0623 conforms to all the requirements of [Subdivision Map Act]and any local subdivision ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder....” pursuant to Section 66458(a) of the Subdivision Map Act. Analysis: The staff has reviewed the Final Parcel Map and found it substantially consistent with the Vesting Tentative Parcel Map approved by the Planning Commission and in conformance with the State Subdivision Map Act. Respectfully Submitted by:Ken Robertson, Community Development Director Approved:Tom Bakaly, City Manager Hermosa Beach Printed on 8/20/2015Page 2 of 2 powered by Legistar™ 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 15- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 72919, FOR THE SUBDIVISION OF A TWO-UNIT CONDOMINIUM, LOCATED AT 1720 PROSPECT AVENUE IN THE CITY OF HERMOSA BEACH, CALIFORNIA WHEREAS, on August 19, 2014, the Planning Commission of the City of Hermosa Beach conducted a duly noticed public hearing to consider the application of Robert Salim (the “Applicant” hereinafter) for approval of Tentative Parcel Map No. 72919 and, upon conclusion of said public hearing on August 19, 2014 the Planning Commission adopted its Resolution No. 14- 21 approving Tentative Parcel Map No. 72919. WHEREAS, on July 21, 2015, the Applicant filed an application for approval of Final Parcel Map No. 72919 (the “Application” hereinafter), as described in the title of this Resolution. WHEREAS, pursuant to Municipal Code Section 16.08.040, the City Engineer has reviewed Final Parcel Map No. 72919 and determined that the map is technically correct, conforms to the approved Tentative Parcel Map and is in compliance with applicable provisions of Title 16 of the Municipal Code and of the Subdivision Map Act. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in this Resolution are true and correct. SECTION 2. Pursuant to Section 16.08.040 of the Hermosa Beach Municipal Code, the City Council finds the Final Parcel Map to be in substantial conformance with the Tentative Parcel Map, with Title 7, Division 2, Chapter 3 of the California Government Code and with the applicable provisions of Title 16 of the Municipal Code. Based on the foregoing finding, the Council hereby approves Final Parcel Map No. 72919 as presented. SECTION 3. The City Clerk is hereby directed to: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a.Certify to the adoption of this Resolution; and b.Transmit a certified copy of this Resolution to the Applicant. PASSED, APPROVED and ADOPTED this 25th day of August, 2015. ________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST:APPROVED AS TO FORM: _______________________________________________________________ City Clerk City Attorney f;b95\cd\final map\1720 Prospect Ave Resolution Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0609 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of AUGUST 25, 2015 FIREMAN’S FUND HERITAGE PROGRAM GRANT AWARD FROM NEW EMPIRE ENTERTAINMENT INSURANCE SERVICES, INC. TO THE HERMOSA BEACH FIRE DEPARTMENT (Fire Chief David Lantzer) Recommended Action: Staff recommends that Council: 1.Accept the award of $6,862 through the Fireman’s Fund Heritage Program Grant from New Empire Entertainment Insurance Services, Inc. to the Hermosa Beach Fire Department; and, 2.Authorize an appropriation in the 2015/16 budget of $6,862 for the purchase of a Smart Board, Smart Television and accessories for use in training delivery and increase the revenue the same amount. Background: The Fireman’s Fund launched the Heritage Program in 2004 to support firefighters for safer communities. Fireman’s Fund awards millions of dollars in grants to fire departments and fire and burn prevention non-profits for needed equipment, training, and community education programs. Over $9.3 million have been awarded in California alone. New Empire Entertainment Insurance Services, Inc. selected the HBFD to receive this grant. Agents are able to direct grants to local fire departments based on the growth of their business with Fireman’s Fund, allowing them to support fire departments in communities where their business is growing. The owner of New Empire is a Hermosa Beach resident. Respectfully Submitted by: David Lantzer, Fire Chief Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0607 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 AUTHORIZATION OF DOCUMENTS REQUIRED BY THE STATE BOARD OF EQUALIZATION (SBOE) FOR COLLECTION OF THE CITY’S UTILITY USER’S TAX (UUT) ON PREPAID WIRELESS PHONE SERVICE (Viki Copeland, Finance Director) Recommended Action: 1.Authorize the City Manager to execute documents required by the State Board of Equalization to collect the City’s Utility User’s Tax on prepaid wireless service; and 2.Authorize the examination of prepaid mobile telephone services surcharge and local charge records. Background: We were notified by the State Board of Equalization (SBOE) on July 28, 2015 that the City must execute documents required by the SBOE by September 1, 2015 in order to receive the UUT collected for prepaid wireless telephone charges, beginning January 1, 2016. Traditionally, a city’s UUT for wireless phone service is collected by wireless service providers who include the charge on their customers’ monthly invoices. In contrast to this arrangement, customers who purchase prepaid wireless services usually avoid paying any UUT due to collection complications. With prepaid wireless, there is no contract, no monthly invoices, and the prepaid wireless services are usually sold by retailers, not service providers themselves. It is estimated that approximately 70% of all prepaid wireless services are sold by retailers. Since these transactions bypass local UUT collection channels, significant revenue may be lost as customers expand their use of prepaid wireless telephone services. Additionally, traditional phone plan users are treated disparately and the burden of the UUT is not equally shared among all telephone users. A new law, AB1717, to be effective January 1, 2016, solves this collection problem by requiring California retailers and online sellers to collect the local UUT at the same time it collects sales tax on its other retail products, based on the point of sale (meaning retail stores that are located in our City). Under this new law, all local jurisdictions have to contract with the State BOE in order to receive UUT imposed on consumers of prepaid wireless phone service. It should be noted that AB1717 has a sunset provision of 2020, but it is expected that the Legislature will permanently renew AB1717 if the Hermosa Beach Printed on 8/20/2015Page 1 of 2 powered by Legistar™ Staff Report REPORT 15-0607 actual cost of collection proves to be reasonable and the level of collections are as anticipated. Analysis: In order to receive the UUT collected by the BOE commencing on January 1, 2016, the City Manager must execute the attached documents required by the State BOE on or before September 1, 2015. If we do not contract by September 1, 2015, the next deadline is December 1, 2015 for collections beginning April 1, 2016. (Three months of revenue would be lost). This agreement between the City and the BOE allow for the collection of local charges by the State. If the City elects not to contract with the BOE, it will not receive this revenue. The documents also authorize certain City employees and our UUT revenue consultants to examine the local charge records and surcharges on prepaid mobile telephone services. The contract with the State allows the City to commence collecting Utility User’s Tax (UUT) on prepaid mobile telephone services (also referred to as prepaid wireless). While the actual impact of this new revenue source is unknown, the City’s UUT revenue consultant (MuniServices) estimates it will range from 15% to 20% of current UUT telecommunication revenues. This estimate is a statewide average, and individual cities will vary depending on their demographics and the number of large retail stores (located in a city) selling prepaid wireless services. For our City, this 15-20% increase equates to an estimated annual UUT of $71,000 to $95,000. The City will be required to reimburse the State Board of Equalization (BOE) for its implementation costs, with the City’s share estimated to be approximately 5 to 6% of the total amounts collected on behalf of the City, or approximately $3,550 to $5,700 annually. The BOE costs, and the City’s proportionate share, are expected to decline after the first year. The estimated net impact to the Fiscal Year 2015/16 General Fund Operating Budget is an increase of revenues of approximately $67,000 to $90,250. Fiscal Implications: The additional revenue will be tracked as it starts coming in so we can compare the actual revenue to the above estimate. Attachments: 1. Agreement for State Collection and Administration of Local Charges 2. Resolution Authorizing City Manager to Execute Agreement with the State Board of Equalization 3. Resolution Authorizing the Examination of Prepaid Mobile Telephony Services Surcharge and Local Charge Records 4. Certification of Ordinance No. 07-1290 Respectfully Submitted by: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 8/20/2015Page 2 of 2 powered by Legistar™ 1 Local Jurisdiction City of Hermosa Beach AGREEMENT FOR STATE COLLECTION AND ADMINISTRATION OF LOCAL CHARGES This Agreement is for the purpose of implementing the Local Prepaid Mobile Telephony Services Collection Act (Part 21.1, commencing with Section 42100) of Division 2 of the Revenue and Taxation Code), hereinafter referred to as the Local Charge Act. The City of Hermosa Beach and the State Board of Equalization, hereinafter called the Board, do agree as follows: ARTICLE I DEFINITIONS Unless the context requires otherwise, wherever the following terms appear in this Agreement they shall be interpreted to mean the following: A. “Administrative Expenses”means all expenses incurred by the Board in the administration and collection of the local charges, including preparation and wind down costs which are reimbursable to the Board from the revenues collected by the Board on behalf of the local jurisdiction. B. “Contingent Fee”includes, but is not limited to, a fee that is based on a percentage of the tax liability reported on a return, a fee that is based on a percentage of the taxes owed, or a fee that depends on the specific tax result attained. C. “Direct Seller”means a prepaid Mobile Telephony Service (MTS) provider or service supplier, as defined in section 41007, that makes a sale of prepaid mobile telephony services directly to a prepaid consumer for any purpose other than resale in the regular course of business. A direct seller includes, but is not limited to, a telephone corporation, a person that provides an interconnected Voice over Internet Protocol (VoIP) service, and a retailer as described in section 42004(b)(1). D. “Local Charges” means a utility user tax imposed on the consumption of prepaid mobile telephony services, as described in section 42102, and charges for access to communication services or to local “911” emergency telephone systems imposed by a local jurisdiction, as described in section 42102.5. E. “Local Jurisdiction” or “local agency”means a city, county, or city and county, which includes a charter city, county, or city and county of this State, which has adopted an ordinance imposing a local charge of the kind described in Part 21.1 of Division 2 of the Revenue and Taxation Code and has entered into a contract with the Board to perform all functions incident to the collection of the local charges. F. “Ordinance”means an ordinance of a local jurisdiction imposing a local charge, including any local enactment relating to the filing of a refund or a claim arising under the ordinance, attached hereto, as amended from time to time. 2 G. “Quarterly local charges” means the total amount of local charges transmitted by the Board to a local jurisdiction for a calendar quarter, as set forth in section 42106(a)(1). H. “Refund”means the amount of local charges deducted by the Board from a local jurisdiction’s quarterly local charges in order to pay that jurisdiction’s share of a local charge refund due to one taxpayer. I. “Section” – all section references are to the Revenue and Taxation Code. J. “Seller”means a person that sells prepaid mobile telephony service to a person in a retail transaction. ARTICLE II BOARD ADMINISTRATION AND COLLECTION OF LOCAL CHARGES A. Administration.The Board and the local jurisdiction agree that the Board shall perform functions incident to the collection of the local charges from sellers that are not direct sellers. B. Collection.The Board shall collect the local charges in the same manner as it collects the prepaid MTS Surcharge in the Prepaid Mobile Telephony Services Surcharge Collection Act, subject to specified limitations in the Local Charge Act for which the local jurisdiction is responsible, as set forth in Article III of this Agreement. C. Audits.The Board’s audit duties shall be limited to verification that the seller that is not a direct seller complied with the Local Charge Act. D. Other applicable laws. The Board and the local jurisdiction agree that all provisions of law applicable to the administration and operation of the Local Charge Act, Prepaid Mobile Telephony Services Surcharge Collection Act, and the Fee Collection Procedures Law (FCPL) shall be applicable to the collection of local charges. References in the FCPL to feepayer include a person required to pay the local charge, including the seller. All future amendments to applicable laws are automatically incorporated into this Agreement. E. Deposit of Local Charges.All local charges collected by the Board shall be deposited in the Local Charges for Prepaid Mobile Telephony Services Fund in the State Treasury to be held in trust for the local taxing jurisdiction. Local charges shall consist of all taxes, charges, interest, penalties, and other amounts collected and paid to the Board, less payments for refunds and reimbursement to the Board for expenses incurred in the administration and collection of the local charges, including preparation and wind- down costs. F. Allocation of Expenses. The Board shall allocate the total combined annual expenses incurred for administration and collection pursuant to the Prepaid Mobile Telephony Services Surcharge Collection Act and the Local Charge Act on a pro rata basis according to revenues collected for: (1) the emergency telephone users surcharge portion of the prepaid MTS surcharge, (2) the Public Utilities Commission surcharges 3 portion of the prepaid MTS surcharge, and (3) local charges. The Board shall charge a local jurisdiction its pro rata share of the Board’s cost of collection and administration. G. Transmittal of money.All local charges collected by the Board shall be transmitted to the local jurisdiction once in each calendar quarter. Transmittals may be made by mail or by deposit to the account of the local jurisdiction in a bank designated by that jurisdiction. The Board shall furnish a statement quarterly indicating the amounts paid and withheld for expenses of the Board. H. Rules.The Board shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and collection of local charges and the distribution of the local charges collected. I. Security. The Board agrees that anysecurity which it hereafter requires to be furnished under the FCPL section 55022 will be upon such terms that it also will be available for the payment of the claims of the local jurisdiction for local taxes owing to it as its interest appears. The Board shall not be required to change the terms of any security now held by it, and the local jurisdiction shall not participate in anysecurity now held by the Board. J. Records of the Board. 1. Information obtained by the local jurisdiction from the examination of the Board’s records shall be used by the local jurisdiction only for purposes related to the collection of the prepaid mobile telephony services surcharge and local charges by the Board pursuant to this Agreement. 2. When requested by resolution of the legislative body of a local jurisdiction, the Board shall permit anyduly authorized officer or employee or other person designated by that resolution to examine any information for its own jurisdiction that is reasonably available to the Board regarding the proper collection and remittance of a local charge of the local jurisdiction by a seller, including a direct seller, subject to the confidentiality requirements of sections 7284.6, 7284.7 and 19542. (sections 42110(b), 42103(e).). 3. The resolution of the local jurisdiction shall certify that any person designated by the resolution, other than an officer and an employee, meets all of the following conditions: a. Has an existing contract with the local jurisdiction that authorizes the person to examine the prepaid MTS surcharge and local charge records. b. Is required by that contract with the local jurisdiction to disclose information contained in or derived from, those records only to an officer or employee of the local jurisdiction authorized by the resolution to examine the information. c. Is prohibited by that contract from performing consulting services for a seller during the term of that contract. d. Is prohibited by that contract from retaining information contained in, or derived from, those prepaid MTS surcharge and local charge records, after that contract has expired. 4 4. Any third party contract between the local jurisdiction and an entityor person authorized by the local jurisdiction to request information from the Board shall be subject to the following limitations: a. Any third party shall, to the same extent as the Board, be subject to Section 55381, relating to unlawful disclosures. b. A third partycontract shall not provide, in whole or in part, in anymanner a contingent fee arrangement as payment for services rendered. 5. Information obtained by examination of Board records shall be used only for purposes related to the collection of the prepaid MTS surcharge and local charges by the board pursuant to the contract, or for purposes related to other governmental functions of the local jurisdiction set forth in the resolution. 6. If the Board believes that any information obtained from the Board’s records related to the collection of the prepaid MTS surcharge and local charges has been disclosed to any person not authorized or designated by the resolution of the local jurisdiction, or has been used for purposes not permitted bysection 42110(b), the board may impose conditions on access to its local charge records that the board considers reasonable, in order to protect the confidentiality of those records. (section 42110 (c).) 7. The costs incurred by the Board in complying with a request for information shall be deducted by the Board from those revenues collected by the Board on behalf of the local jurisdiction making the request, as authorized by section 42110(b)(1). ARTICLE III LOCAL JURISDICTION ADMINISTRATION AND RESPONSIBILITIES A. The local jurisdictions shall be solely responsible for all of the following: 1. Defending any claim regarding the validity of the ordinance in its application to prepaid mobile telephony service. The claim shall be processed in accordance with the provisions of the local ordinance that allows the claim to be filed. 2. Interpreting any provision of the ordinance, except to the extent specifically superseded by section 42105 of the Local Charge Act. The claim shall be processed in accordance with the provisions of the local enactment that allows the claim to be filed. 3. Responding to specified consumer claims for refund involving: (1) rebutting the presumed location of the retail transaction; (2) a consumer claim of exemption from the local charge under the ordinance; or (3) any action or claim challenging the validity of a local tax ordinance, in whole or part. The claim shall be processed in accordance with the provisions of the local enactment that allows the claim to be filed. 4. Refunding the taxes in the event a local jurisdiction or local government is ordered to refund the tax under the local ordinance. 5 5. Reallocating local charges as a result of correcting errors relating to the location of the point of sale of a seller or the known address of a consumer, for up to two past quarters from the date of knowledge. 6. Collecting local charges on prepaid mobile telephony service and access to communication services or access to local 911 emergency telephone systems imposed on direct sellers. 7. Enforcement, including audits, of the collection and remittance of local charges by direct sellers pursuant to the ordinance. 8. The local jurisdiction shall be the sole necessary party defendant on whose behalf the local charge is collected in any action seeking to enjoin collection of a local charge by a seller, in any action seeking declaratory relief concerning a local charge, in any action seeking a refund of a local charge, or in any action seeking to otherwise invalidate a local charge. There shall be no recovery from the State for the imposition of any unconstitutional or otherwise invalid local charge that is collected under the Local Act. 9. Entering into an agreement with the Board to perform the functions incident to the collection of the local charges imposed on sellers that are not direct sellers. 10. Submitting an executed Certification to the Board, certifying that: (a) the local jurisdiction’s ordinance applies the local charge to prepaid mobile telephony services; (b) the amount of the rate charged for access to local 911 emergency telephone systems or access to communications services complies with the requirements of section 42102.5; and/or applies the tiered rate for the utility user tax, as identified in section 42102. (c) The local jurisdiction shall further certify that it agrees to indemnify and to hold harmless the Board, its officers, agents, and employees for any and all liability for damages that may result from the Board’s collection pursuant to this Agreement. 11. Submitting signed documents to the Board to include agreement(s), certification, copy of ordinance(s), and resolution(s). 12. Providing payment to the Board of the local jurisdiction’s pro rata share of the Board’s cost of collection and administration as established pursuant to subdivision (e) of section 42020. 6 ARTICLE IV LOCAL CHARGES A. Local Charges – Timeliness – This part shall remain in effect until proposed California Code of Regulations, title 18, section 2460 is adopted by the Board and approved by the Office of Administrative Law. 1. Ordinances in effect as of September 1, 2015. On or after January 1, 2016, a local charge imposed by a local jurisdiction on prepaid mobile telephony services shall be collected from the prepaid consumer by a seller at the same time and in the same manner as the prepaid MTS surcharge is collected under Part 21 (commencing with section 42001) provided that, on or before September 1, 2015, the local jurisdiction enters into a contract with the Board pursuant to section 42101.5. Thereafter, all subsequently enacted local charges, increases to local charges, or other changes thereto, shall become operative pursuant to paragraphs (2), (3), and (4). 2. New charges. When a local jurisdiction adopts a new local charge after September 1, 2015, the local jurisdiction shall enter into a contract with the Board, pursuant to section 42101.5, on or before December 1st, with collection of the local charge to commence April 1 st of the next calendar year. 3. Increases in local charges.When a local jurisdiction increases an existing local charge after September 1, 2015, the local jurisdiction shall provide the Board written notice of the increase, on or before December 1 st, with collection of the local charge to commence April 1 st of the next calendar year. 4. Inaccurate rate posted on the Board’s website.When a local jurisdiction notifies the Board in writing that the rate posted on the Board’s Internet Web site (posted rate) for a local charge imposed by that local jurisdiction is inaccurate, including scenarios where the local charge was reduced or eliminated, the recalculated rate applicable to the local jurisdiction shall become operative on the first day of the calendar quarter commencing more than 60 days from the date the Board receives the local jurisdiction’s written notification that the posted rate is inaccurate. A. Local Charges – Timeliness – This part shall take effect and supersede the above “Local Charges – Timeliness section when California Code of Regulations, title 18, section 2460 is adopted by the Board and approved by the Office of Administrative Law. 1. Ordinances in effect as of September 1, 2015. On or after January 1, 2016, a local charge imposed by a local jurisdiction on prepaid mobile telephony services shall be collected from the prepaid consumer by a seller at the same time and in the same manner as the prepaid MTS surcharge is collected under Part 21 (commencing with section 42001) provided that, on or before September 1, 2015, the local jurisdiction enters into a contract with the Board pursuant to section 42101.5. In the event a local jurisdiction does not enter into a contract with the Board by September 1, 2015, the local jurisdiction may enter into a contract with the Board, pursuant to section 42101.5, on or before December 1 st, with collection of the local charge to commence April 1 st of the next calendar year. Thereafter, all subsequently 7 enacted local charges, increases to local charges, or other changes thereto, shall become operative pursuant to paragraphs (2), (3), (4) and (5) of this subdivision. 2. New charges.When a local jurisdiction adopts a new local charge after September 1, 2015, the local jurisdiction shall enter into a contract with the Board, pursuant to section 42101.5, on or before December 1st, with collection of the local charge to commence April 1 st of the next calendar year. 3. Increases in local charges.When a local jurisdiction increases an existing local charge after September 1, 2015, the local jurisdiction shall provide the Board written notice of the increase, on or before December 1 st, with collection of the local charge to commence April 1 st of the next calendar year. 4. Advance written notification.When a local charge is about to expire or decrease in rate, the local jurisdiction imposing the local charge shall notify the Board in writing of the upcoming change, not less than 110 days prior to the date the local charge is scheduled to expire or decrease. The change shall become operative on the first day of the calendar quarter commencing after the specified date of expiration or decrease in rate. If advance written notice is provided less than 110 days prior to the specified date of expiration or decrease in rate, the change shall become operative on the first day of the calendar quarter commencing more than 60 days after the specified date of expiration or decrease. 5. Inaccurate Rate Posted on the Board’s Web site.When a local jurisdiction notifies the Board in writing that the rate posted on the Board’s Internet Web site (posted rate) for a local charge imposed by that local jurisdiction is inaccurate, including scenarios where the local charge was reduced or eliminated and the local jurisdiction failed to provide advance written notice pursuant to paragraph 4 of this subdivision, the recalculated rate applicable to the local jurisdiction shall become operative on the first day of the calendar quarter commencing more than 60 days from the date the Board receives the local jurisdiction’s written notification that the posted rate is inaccurate. The local jurisdiction shall promptly notify the Board in writing of any such discrepancies with the posted rate that are known or discovered by the local jurisdiction. ARTICLE V COMPENSATION The local jurisdiction agrees to pay the Board its pro rata share of the Board’s cost of collection and administration of the local charges, as established pursuant to section 42020, subdivision (e). Such amounts shall be deducted from the local charges collected by the Board for the local jurisdiction. ARTICLE VI MISCELLANEOUS PROVISIONS A. Communications.Communications and notices may be sent by first-class United States Mail. A notification is complete when deposited in the mail. Communications and notices to be sent to the Board shall be addressed to: 8 State Board of Equalization P.O. Box 942879 MIC: 27 Sacramento, California 94279-0001 Attention: Supervisor, Local Revenue Allocation Unit Communications and notices to be sent to the local jurisdiction shall be addressed to: Viki Copeland, Finance DirectorCity of Hermosa Beach1315 Valley DriveHermosa Beach, CA 90254 B. Term.The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on the first day of the calendar quarter next succeeding the date of such approval, but in no case before the operative date of the local jurisdiction’s ordinance, nor on a day other than the first day of a calendar quarter. This Agreement shall be renewed automatically from year to year until January 1, 2020, when the Local Charge Act is repealed, unless a statute enacted prior to that date extends that date. In such event, this Agreement will continue to renew automatically from year to year to the date authorized by statute. STATE BOARD OF EQUALIZATION ATTEST: By Administrator, Return Analysis and Allocation SectionElaine Doerfling, City Clerk APPROVED AS TO FORM: LOCAL JURISDICTION City of Hermosa Beach Michael Jenkins, City Attorney By (Signature on this line) Tom Bakaly City Manager RESOLUTION NO. 15-XXXX A RESOLUTION AUTHORIZING THE CITY OF HERMOSA BEACH AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT WITH THE STATE BOARD OF EQUALIZATION FOR IMPLEMENTATION OF THE LOCAL PREPAID MOBILE TELEPHONY SERVICES COLLECTION ACT WHEREAS, on August 25, 2015, the City of Hermosa Beach certified Ordinance No. 07-1290 applies its local charge(s) (access to 911 or communication services and/or utility users tax) to prepaid mobile telephony services; and WHEREAS, the Local Prepaid Mobile Telephony Services Collection Act, mandates the Board of Equalization (Board) to administer and collect the local charges for all applicable local jurisdictions (Rev. & Tax Code section 42103); and WHEREAS, the Board will perform all functions incident to administration and collection of the local charges for the City of Hermosa Beach; and WHEREAS, the Board requires that the City of Hermosa Beach enter into an “Agreement for State Collection and Administration of Local Charges” prior to implementation of the Local Prepaid Mobile Telephony Services Collection Act; and WHEREAS, the Board requires that the City of Hermosa Beach authorize the agreement; NOW, THEREFORE BE IT RESOLVED by the City of Hermosa Beach that the attached “Agreement for State Collection and Administration of Local Charges” is hereby approved and the City Manager is hereby authorized to execute the agreement. PASSED, APPROVED, AND ADOPTED BY THE HERMOSA BEACH CITY COUNCIL THIS 25TH DAY OF AUGUST, 2015. ________________________________________ MAYOR of the City of Hermosa Beach, California RESOLUTION NO.15-XXXX A Resolution Authorizing the Examination of Prepaid Mobile Telephony Services Surcharge and Local Charge Records WHEREAS, pursuant to Ordinance No. 07-1290, of the City of Hermosa Beach, and the Local Prepaid Mobile Telephony Services Collection Act, the City of Hermosa Beach, hereinafter called Local Jurisdiction, entered into a contract with the State Board of Equalization, hereafter referred to as the Board, to perform all functions incident to the administration and collection of the prepaid mobile telephony services surcharge and local charges (Rev. & Tax. Code, § 42101.5); and WHEREAS, the Local Jurisdiction deems it desirable and necessary for authorized representatives of the Local Jurisdiction to examine confidential prepaid mobile telephony services surcharge and local charge records pertaining to the prepaid mobile telephony services surcharge and local charges collected by the Board for the Local Jurisdiction pursuant to that contract; WHEREAS, the Board will make available to the Local Jurisdiction any information that is reasonably available to the Board regarding the proper collection and remittance of a local charge of the Local Jurisdiction by a seller, including a direct seller, subject to the confidentiality requirements of Sections 7284.6, 7284.7 and 19542 of the Revenue and Taxation Code; and WHEREAS, Sections 42110 and 42103 of the Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board of Equalization records and establishes criminal penalties for the unlawful disclosure of information contained in or derived from the prepaid mobile telephony services surcharge and local charge records of the Board; NOW, THEREFORE IT IS RESOLVED AND ORDERED AS FOLLOWS: Section 1. That the Director of Finance or other officer or employee of the Local Jurisdiction designated in writing by the City Manager to the Board is hereby appointed to represent the Local Jurisdiction with authority to examine prepaid mobile telephony services surcharge and local charge records of the Board pertaining to prepaid mobile telephony services surcharge and local charges collected for the Local Jurisdiction by the Board pursuant to the contract between the Local Jurisdiction and the Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of the Local Jurisdiction’s prepaid mobile telephony services surcharge and local charges by the Board pursuant to the contract. Section 2. That the Director of Finance or other officer or employee of the Local Jurisdiction designated in writing by the by the City Manager to the Board is hereby appointed to represent the Local Jurisdiction with authority to examine those prepaid mobile telephony services surcharge and local charge records of the Board for purposes related to the following governmental functions of the Local Jurisdiction: a) Compliance and enforcement of the utility users tax (local charge) b) Administration functions set out in City’s utility users tax ordinance c) Legal interpretation and enforcement of utility users tax ordinance The information obtained by examination of Board records shall be used only for those governmental functions of the Local Jurisdiction listed above. Section 3. That MuniServices, LLC is hereby designated to examine the prepaid mobile telephony services surcharge and local charges records of the Board of Equalization pertaining to prepaid mobile telephony services surcharge and local charges collected for the Local Jurisdiction by the Board. The person or entity designated by this section meets all of the following conditions (Rev.& Tax. Code, § 42110, subd. (b)(2)): a) has an existing contract with the Local Jurisdiction that authorizes the person to examine the prepaid mobile telephony services surcharge and local charge records; b) is required by that contract with the Local Jurisdiction to disclose information contained in or derived from, those records only to an officer or employee of the Local Jurisdiction authorized by the resolution to examine the information; c) is prohibited by that contract from performing consulting services for a seller during the term of that contract; d) is prohibited by that contract from retaining information contained in, or derived from, those prepaid mobile telephony services surcharge and local charge records, after that contract has expired. The contract between the Local Jurisdiction and MuniServices, LLC designated by the Local Jurisdiction to request information from the Board shall be subject to the following limitations (Rev. &Tax. Code, § 42103, subd. (g)): a) MuniServices, LLC shall, to the same extent as the Board, be subject to Section 55381, relating to unlawful disclosures. b) the contract between the Local Jurisdiction and MuniServices, LLC shall not provide, in whole or in part, in anymanner a contingent fee arrangement as payment for services rendered. BE IT FURTHER RESOLVED THAT the information obtained by examination of the Board records shall only be used for purposes related to the collection of the Local Jurisdiction’s prepaid mobile telephony services surcharge and local charges by the Board pursuant to the contract between the Local Jurisdiction and Board, or for purposes related to other governmental functions of the Local Jurisdiction, as identified above in section 2. Introduced, approved and adopted this 25thdayof August, 2015. (Signature)(Date) Carolyn Petty, Mayor City of Hermosa Beach (Printed name & title)(Attest) CERTIFICATION I, Tom Bakaly, am authorized to sign this certification on behalf of the City of Hermosa Beach. I certify to the following: Please check all the following that apply to your jurisdiction: 1. ___ 911 Charges/Access to Communication Services – Ordinance No. ___ of the City of Hermosa Beach imposes the local charge set forth in the ordinance to prepaid mobile telephony services for access to communication services or to local 911 emergency telephone systems. As required by section 42102.5, the percentage reflecting the rate for access to the local 911 emergency telephone systems or access to communications services is _____. 2. X Utility User Tax – Ordinance No. 07-1290 of the City of Hermosa Beach imposes the local charge set forth in the ordinance to the consumption of prepaid mobile telephony services. The tiered rate for the utility user tax, as identified in section 42102 is 5.5%. 3. The City of Hermosa Beach agrees to indemnify and to hold harmless the Board of Equalization (Board), its officers, agents, and employees for any and all liability for damages that may result from the Board’s collection pursuant to this agreement. Executed in the City of Hermosa Beach on August 25, 2015. _____________________________ Tom Bakaly, City Manager CERTIFICATION I, Michael Jenkins, am authorized to sign this certification on behalf of the City of Hermosa Beach. I certify to the following: Please check all the following that apply to your jurisdiction: 1. ___ 911 Charges/Access to Communication Services – Ordinance No. ___ of the City of Hermosa Beach imposes the local charge set forth in the ordinance to prepaid mobile telephony services for access to communication services or to local 911 emergency telephone systems. As required by section 42102.5, the percentage reflecting the rate for access to the local 911 emergency telephone systems or access to communications services is _____. 2. X Utility User Tax – Ordinance No. 07-1290 of the City of Hermosa Beach imposes the local charge set forth in the ordinance to the consumption of prepaid mobile telephony services. The tiered rate for the utility user tax, as identified in section 42102 is 5.5%. 3. The City of Hermosa Beach agrees to indemnify and to hold harmless the Board of Equalization (Board), its officers, agents, and employees for any and all liability for damages that may result from the Board’s collection pursuant to this agreement. Executed in the City of Hermosa Beach on August 25, 2015. _____________________________ Michael Jenkins, City Attorney C:\Users\anny\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PMMHBWZO\Certification of Ordinance No. 07-1290 Revised for CM Signature.doc CITY OF HERMOSA BEACH MEMORANDUM August 24, 2015 TO: Mayor and City Council FROM: Viki Copeland, Finance Director RE: Consent Calendar Agenda Item 2m, Report 15-0607 Authorization of Documents for SBOE Collection of Prepaid Wireless UUT Please find attached a revised Certification Form. We have been advised that the City Manager should sign the form instead of the City Attorney so the signature line has been revised accordingly. Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0618 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 SOUTH BAY WORKFORCE INVESTMENT BOARD QUARTERLY SUMMARY (City Manager Tom Bakaly) Recommended Action: To receive and file the quarterly summary from the South Bay Investment Board. Attachments: 1. Quarterly Summary 2. Committees Activity Report 3. Program Year 2014-2015 4. Youth Job Fair 2015 info 5. CalWorks Youth Summer Job info 6. News 1 7. News 2 8. News 3 Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ SOUTH BAY WORKFORCE INVESTMENT BOARD 11539 Hawthorne Blvd., Suite 500, Hawthorne, CA 90250 Office 310-970-7700; Fax 310-970-7712 Quarterly Summary of the July 16, 2015 South Bay Workforce Investment Board of Directors Meeting Hermosa Beach I am here this evening on behalf of the South Bay Workforce Investment Board (SBWIB) to provide a brief summary of its current activities. As you are aware, the South Bay WIB is comprised of representatives of the eleven participating cities of Hermosa Beach, Lawndale, El Segundo, Inglewood, Hawthorne, Redondo Beach, Carson, Manhattan Beach, Torrance, Lomita and Gardena for the delivery of employment and training services through its One-Stop Business and Career Centers. My report summarizes the July 16, 2015, South Bay Workforce Investment Board meeting activities and program accomplishments during the 4th Quarter of Program Year 2014-2015: *The SBWIB, in partnership with several cities, sponsors, school districts, training partners and after-school programs, honored 33 cadet graduates for the completion of this year’s Fit for Gold Tutoring & Fitness Academy, during the 12th Annual Closing Award Ceremony held at Rogers Park on May 20, 2015. *We are currently awaiting a business private sector nominee from the Hermosa Beach Chamber of Commerce to serve a four year term of office on the South Bay Workforce Investment Board. *On June 13th, in celebration of the White House's National Week of Making, the Advanced Manufacturing and Engineering Technology Linked Learning (AMETLL) Consortium, in conjunction with El Camino College, held the first Day of Making Fair, where the public had the opportunity to explore student and local business manufacturing projects and displays. *Our Teen Centers, in partnership with California State University Dominguez Hills (CSUDH), held their 2nd Annual "A Day in the Life of a College Student" field trip were 15 eighth graders, from five schools districts had the opportunity to spend a night on the Dominguez Hills campus and participate in various activities that included; a college application workshop, a financial aid information session, a campus tour, and an introduction to social clubs and Greek life on campus. *On July 15th, the South Bay Workforce Investment Board (SBWIB) in collaboration with the Employment Development Department (EDD) and the cities of Lomita and Torrance hosted a grand opening of its new South Bay One-Stop Business & Career Center located in the City of Torrance which offers free, convenient access to a multitude of services for job seekers and business alike all under one roof. *As part of the Workforce Investment Act (soon to be the Workforce Innovation and Opportunity Act), SBWIB Youth Case Managers arranged several on-campus orientations to recruit for our program as well as for future summer job opportunities. Due to the success of the orientations youth were recruited, assessed and are currently in job search mode with the support of their Case Managers. *Funding was received to create the first South Bay Business portal providing tools and information for business retention, layoff aversion and business attraction efforts after a roundtable discussion was held between the SBWIB staff, Chamber of Commerce Presidents and Economic Development Directors from each of the cities in the South Bay Workforce Investment Area. The business portal will be designed so each city has its own landing page with leasing, real estate, demographic, and economic information available in real time. The website will be completed in September 2015. *Year to date, a total of 113,203 South Bay residents have visited the South Bay One-Stop Business and Career Centers. *Rapid Response services were provided to twenty-two South Bay companies and 1,909 employees affected by layoffs/closures during the 4th Quarter of Program Year 2014-2015. Staff completed orientations to One-Stop services in addition to information regarding unemployment insurance benefits. *The South Bay One-Stop Business & Career Centers continuously outreach to businesses including new businesses within the City of Hermosa Beach to familiarize them with the services the SBWIB provide to assist with their hiring and business needs. *The SBWIB’s Annual Awards Ceremony will be held on Thursday, October 29, 2015 at the Double Tree in Torrance as a dinner to celebrate its 20th anniversary of the award presentation. *We would like to invite any council members who may want to familiarize or re-familiarize themselves with the services provided by the South Bay Workforce Investment Board to attend a special orientation session that will tentatively be held on Tuesday, September 29, 2015 at 10:00 a.m. This concludes my oral report. A written summary, along with a report of Program Year 2014-2015’s 4th quarter activities and accomplishments is being provided for your personal review. Thank you. Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0637 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 APPROVE TRANSPORTATION AGREEMENT WITH ORTLEY TRANSPORTATION FOR KINDERGARTEN CHILDREN ATTENDING THE STAR EDUCATION PROGRAM AT THE COMMUNITY CENTER (Senior Recreation Supervisor Kelly Orta) Recommended Action: 1.Approve the transportation agreement with Ortley Transportation to provide daily bus transportation to and from View School for kindergarten children attending the STAR Education program at the Community Center. 2.Appropriate $86,400 from the Proposition A Fund. Background: In the upcoming school year, the Hermosa Beach School District will be shifting to a half-day schedule for kindergarten students attending View School. This change has forced parents to find childcare for their child(ren) opposite of when they will be attending school. Through a joint effort with the School District, the City has partnered with STAR Education to provide care for the kindergarten children at the Community Center when they are not in class. Since this program will not be on campus, the children attending will need to have transportation to get to and from school, depending on whether they attend an AM or PM kindergarten session. Analysis: The STAR Education program at the Community Center will be running two sessions daily from 8:00am - 11:30am and 11:30am - 3:00pm with bus transportation running from 11:15am to approximately 11:45am. The transportation schedule and route include: 11:15am Bus arrives at the Community Centre to pick up the morning STAR program participants. 11:30am Bus arrives at View School; morning STAR participants exit. Afternoon STAR participants get out of class and load onto the bus. 11:45am Bus arrives at the Community Center; afternoon STAR participants exit and go to STAR program. Hermosa Beach Printed on 8/20/2015Page 1 of 2 powered by Legistar™ Staff Report REPORT 15-0637 Using a trusted and reliable company for this service was a priority and given the short turnaround in time for securing this service once the partnership details with STAR Education were finalized, the City began discussions with Ortley Transportation as they were the previous company contracted to transport the school district’s after school program from View School to South Park for the 2012/2013 school year. Fiscal Implications: Ortley Transportation will be charging $480 a day for roundtrip transportation. For the upcoming 180- day school year, this will total $86,400 annually and will be funded using Proposition A funds. Attachments: 1.STAR Education Program Flyer 2.Ortley Transportation Service Agreement Respectfully Submitted by: Kelly Orta, Senior Recreation Supervisor Concur: Tom Bakaly, City Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 8/20/2015Page 2 of 2 powered by Legistar™                     Pro v en Results 25 1986 for over25YEARS   Philosophy The Hermosa STAR Exploration Station at the Hermosa Community Center is an exploratory, creative center designed to unlock children’s natural curiosity. Students are encouraged to explore, create and build as they develop their skills in a variety of activities. Imagination leads the way at this facility! Our staff is trained in Neuroscience based education and all programs are aimed at helping students develop self-awareness, confidence and the ability to do anything they set their minds to do. ABOUT OUR PROgRAm Our Program includes a theme-based curricula and incorporates S.T.E.A.M. (Science, Technology, Engineering, Art and Math), storytime, music, dance, and fitness as well as a variety of innovative enrichment classes. All enrichment classes are included in the fee. ImPORTAnT InFORmATIOn • We will be a fully licensed facility. • The staff is fingerprinted, background checked and TB tested. • The staff has been trained in CPR and first aid. • Program will be closed on school holidays. • On minimum days, all Kinder students, AM and PM, attend Hermosa View from 8:00am to 11:30am. The STAR PM program will be open from 11:30am to 3:00pm for all students enrolled in either the AM or PM STAR Program. A shuttle will be provided for students coming to the Community Center. • All children need to bring a bag lunch. • Children will be transported from the Hermosa Community Center on Pier Ave. to Hermosa View Elementary School on a shuttle provided by the city through Measure A. • PM STAR students will board the shuttle at Hermosa View School at 11:30 and will be transported to the Hermosa Community Center on Pier Ave. • A.M. children will board the shuttle at 11:15 from the Community Center to Hermosa View School. SCHOlARSHIPS Scholarships are available on a sliding scale. STAR ECO STATIOn REgISTRATIOn OPTIOnS & FEES 10 monthly payments of $360 for 5 days per week $21 per day for 2 - 4 days per week Hermosa STAR Kinder Program is open every day when school is in session. We will be closed on student free days and all holidays. A.M. Kinder STAR Program 8:00am – 11:30am P.M. Kinder STAR Program 11:30am – 3:00pm Daily Schedule A.M. Kinder STAR program 8:00am – 8:30am Good Morning Show! 8:30am – 9:15am Imagination Stations (Glee, puppets, storytime and songs) 9:15am – 9:45am Healthy Snack & Outdoor Activities 9:45am – 10:30am S.T.E.A.M. Exploration Centers (Science, Technology, Engineering, Art and Math) 10:30am – 10:45am Kinder Fitness (Yoga, outdoor activities, tumbling etc.) 10:45am – 11:15am Lunchtime 11:15am All Aboard -No boarding pass required (Transportation will be provided) P.M. Kinder STAR program 11:45am – 12:15pm Lunchtime 12:15pm – 12:30pm Kinder Fitness (Yoga, outdoor activities, tumbling, etc.) 12:30pm – 1:15pm Imagination Stations (Glee, puppets, storytime and songs) 1:15pm – 1:45pm Healthy Snack & Outdoor Activities 1:45pm – 2:30pm S.T.E.A.M. Exploration Centers (Science, Technology, Engineering, Art and Math) 2:30pm- 3:00pm Good Afternoon Show Environmental Science Museum & Exotic Wildlife Rescue Center Healthy Snacks! AS SEEn On TV!!! Wednesday’s Schedule A.M students at the Hermosa Community Center will board the shuttle at 10:45 to arrive at Hermosa View by 11:00 am P.M. students will leave Hermosa View School at 10:45 and will arrive at the Hermosa Community Center at 11:00 1 TRANSPORTATION SERVICE AGREEMENT ORTLEY TRANSPORTATION This Transportation Service Agreement (“Agreement”) is entered into as of the ______ day of August, 2015, by and between Ortley Transportation, with offices located at 7223 Alondra Boulevard, Paramount, California 90723 (hereinafter referred to as “CONTRACTOR”), and the City of Hermosa Beach, a California municipal corporation, having its principal office located at 1315 Valley Drive, Hermosa Beach, California 90254 (hereinafter referred to as “CITY”). RECITALS A. CITY desires to contract with a qualified bus transportation vendor to transport students from from the Community Center to View Elementary School, and back for the kindergarten enrichment program ; and B. CONTRACTOR represents and warrants that it possesses the necessary qualifications, equipment and expertise to provide this service in a safe and reliable manner. NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties hereby agree as follows: 1. SCOPE OF AGREEMENT: CONTRACTOR will furnish, operate and maintain CALIFORNIA certified school buses or SPAB to transport students and other persons from Hermosa View School to South Park. 2. TERM OF AGREEMENT: This agreement shall commence September 2, 2015 and continue through June 20, 2016 and may be extended for periods of one (1) calendar year by mutual agreement of both parties. The Agreement may be canceled by either party at any time, with or without cause, upon fifteen (15) days written notice. In the event of such cancellation, CONTRACTOR shall be compensated for services performed through the effective date of cancellation. 3. COMPENSATION FOR SERVICES: CITY shall compensate CONTRACTOR bi-weekly for services provided under this Agreement according to the following rate schedule: COMMUNITY CENTER TO HERMOSA VIEW AND BACK SERVICE CAPACITY DAILY RATE 40 passenger or larger bus or SPAB $480 per day 4. INVOICES: CONTRACTOR shall submit an invoice to the CITY bi-weekly for the estimated services that will be provided. CITY shall render estimated payment no later than thirty (30) days from the invoice date. 2 5. ROUTE AND ROUTE CHANGES: Prior to commencement of any service under the Agreement, CONTRACTOR and CITY will jointly establish routes and schedules confirming to the requirement of the CITY. If, at any time during the term of this Agreement, it is determined that service may be improved by revision to routing, scheduling or bus assignment, CITY and CONTRACTOR shall plan and institute such changes as necessary. Increased bus capacity or services necessitated by program of population changes may occur only when agreed to in writing by the parties. 6. TRAVEL TIME: No student shall be transported in excess of one (1) hour each day, or more than one (1) hour each afternoon, without prior approval of the CITY. 7. EMERGENCY TRANSPORTATION: No provision of the Agreement shall be construed in any manner to place CONTRACTOR under any obligation to perform emergency, ambulance or specialized medical transportation of any person. However, no provision herein shall prohibit CITY from engaging in such emergency transportation. 8. EQUIPMENT REQUIREMENTS: All vehicles utilized under this Agreement shall be California Certified School Buses or SPAB, licensed and inspected as required by the California Highway Patrol and State Law. Buses shall be maintained in good operating condition. CITY reserves the right to inspect CONTRACTOR’S buses or SPAB upon request. In the event the CITY finds CONTRATOR buses unsafe, or not in compliance with all applicable statutes, CONTRACTOR will make any necessary repairs within twenty-four (24) hours. 9. IMDEMNIFICATION: CONTRACTOR shall indemnify, defend and hold harmless CITY, its officers, officials and employees from and against all liability, loss, damage, expense, cost of every nature, including attorney fees, expert fees and costs of suit, arising out of or in connection with CONTRACTOR’S performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, excepting such liability, loss, damage, expense, or cost which arises out of or is connected with the negligence or willful misconduct of the CITY, its officer, officials, employees or other persons or entities acting on behalf of CITY. CONTRACTOR shall promptly pay any final judgment rendered again the CITY (and its officers, officials and employees) covered by the terms of this indemnity obligation. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. 10. INSURANCE A. Without limiting CONTRACTOR’s obligations arising under Section 11 – Indemnification, CONTRACTOR shall not begin work under this Agreement until it obtains policies of insurance required under this section. The insurance shall cover CONTRACTOR, its agents, representatives and employees in connection with the performance of work under this Agreement, and shall be maintained throughout the term of this Agreement. Insurance coverage shall be as follows: 3 i. Automobile Liability Insurance with $5,000,000 combined single limit. ii. Public Liability and Property Damage Insurance, insuring CITY, its elected and appointed officers, agents and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTOR’s actions under this Agreement. Such insurance shall have a combined single limit of not less than $5,000,000. iii. Worker’s Compensation Insurance for all CONTRACTOR’s employees to the extent required by the State of California. B. Deductibility Limits for policies referred to in subparagraphs A (i) (ii) and (iii) shall not exceed $5,000 per occurrence C. Additional Insured. City, its elected and appointed officers, agents and employees shall be named as additionally insureds for claims arising under the Agreement on policies referred to in subparagraphs A (i) and (ii). D. Primary Insurance. The insurance requires in paragraphs A (i) (ii) and (iii) shall be primary and not excess coverage. E. Evidence of Insurance. Consultant shall furnish CITY, prior to the execution of this Agreement, satisfactory evidence of the insurance requires, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is requires to give CITY at least 30 days prior written notice of the cancellation of any policy during the effective period of the Agreement. All required insurance policies are subject to approval of the City Attorney, which approval shall not be unreasonably withheld or delayed. Failure on the part of CONTRACTOR to procure or maintain said insurance in full force and effect shall constitute a material breach of this Agreement. 11. NOTICES: Notices shall be given pursuant to the Agreement by facsimile, email or first class mail of the United States Postal Service addressed as follows: CITY: Attention: City Clerk City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 CONTRACTOR: Ortley Transportation PO BOX 2189 Gardena, CA 90247 4 A. The notices shall be deemed to have been given as of the date of facsimile or email, or three days after deposit of the same in the custody of the United States Postal Service. Either party may change its address, facsimile number or email address with notice to the other party. 12. DRIVER REQUIREMENTS: All drivers utilized under this Agreement shall be licensed and certified required by California law. Drivers shall be neat in appearance, fit for duty and meet or exceed the applicant legal standards for bus drivers. Drivers must at all times be in uniform (official company shirt) and in possession of all documents required to operate a school bus under California Law. CITY has the right to reject any driver for cause and shall notify CONTRACTOR in writing of any such rejection. 13. SAFETY PROGRAM: CONTRACTOR shall provide regular and continuous formal safety instruction for all operations personnel assigned to provide service under this Agreement. 14. FORCE MAJEURE: CONTRACTOR shall be excused from performance, without penalty, during such time and to the extent prevented from performing by Acts of Nature, Fire Earthquake, Strike, Lockout, Civil Disorder, War or Commandeering by the government or any other circumstance beyond CONTRACTOR’s control or any other force majeure act as defined by state law. 15. ASSIGNMENT OF AGREEMENT: CONTRACTOR shall not assign any portion of its responsibility under the terms of this Agreement without the written consent of CITY. 16. INDEPENDENT CONTRACTOR: While engaged in and carrying out the condition of the Agreement, CONTRACTOR is an independent contractor and not an officer, agent or employee of the CITY. 17. GOVERNING LAW: The rights and obligations of the parties hereunder shall be governed by, construed and enforced in accordance with the laws of the State of California. 18. DISPUTES: The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiations between the Parties’ authorized representatives. If the matter has not been resolved within thirty (30) days of the first meeting, either party may initiate a mediation of the dispute. The mediation shall be facilitated by a mediator that is acceptable to both parties and shall conclude within sixty (60) days of its commencement, unless the parties agree to extend the mediation process beyond such deadline. Upon agreeing on a mediator, the parties shall enter into a written agreement for the mediation services with each party paying a pro rata share of the mediator’s fee, if any. In the event mediation fails, the parties may exercise available judicial remedies, in which event the prevailing party shall be entitled to reasonable attorney’s fees and costs. 5 19. ENTIRE AGREEMENT: This agreement contains the full and entire agreement between and among the parties with respect to the entire subject matter hereof and supersedes any and all prior or contemporaneous agreements and discussions, whether written or oral. Any and all prior or contemporaneous discussions, negotiations, writings, commitments, and/or undertakings are merged herein, and no representations by any party not embodied herein shall be valid or binding. 20. AUTHORITY TO EXECUTE: Each person signing this Agreement warrants and represents that, to the extent he or she is executing this Agreement for an on behalf of an entity, he or she has been fully empowered and properly authorized to execute this Agreement for and behalf of said entity, and instructed by those having the requisite authority to cause said entity to make and enter into this Agreement. EXECUTED ON THE DATE FIRST WRITTEN, BY ORTLEY TRANSPORTATION CONTRACTOR 7223 Alondra Boulevard Paramount, CA 90723 CITY OF HERMOSA BEACH 1315 Valley Drive Hermosa Beach, CA 90254 By: By: Contractor Signature City Representative Signature Name (printed) Name (printed) Title Title C:\Users\lnichols\Desktop\Memo Consent Calendar Item 2o, Report 15-0637.doc CITY OF HERMOSA BEACH MEMORANDUM August 25, 2015 TO: Mayor and City Council FROM: Kelly Orta, Senior Recreation Supervisor RE: Consent Calendar Agenda Item 2o, Report 15-0637 Approve Transportation Agreement with Ortley Transportation for kindergarten children attending the Star Education Program at the Community Center Please find attached a revised Ortley Transportation Service Agreement with an updated price of $240 per day. The adjusted total from Prop A funds for the school year would be $43,200. 1 TRANSPORTATION SERVICE AGREEMENT ORTLEY TRANSPORTATION This Transportation Service Agreement (“Agreement”) is entered into as of the 2nd day of September, 2015, by and between Ortley Transportation, with offices located at 7223 Alondra Boulevard, Paramount, California 90723 (hereinafter referred to as “CONTRACTOR”), and the City of Hermosa Beach, a California municipal corporation, having its principal office located at 1315 Valley Drive, Hermosa Beach, California 90254 (hereinafter referred to as “CITY”). RECITALS A. CITY desires to contract with a qualified bus transportation vendor to transport students from the Community Center to View Elementary School, and back for the kindergarten enrichment program ; and B. CONTRACTOR represents and warrants that it possesses the necessary qualifications, equipment and expertise to provide this service in a safe and reliable manner. NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties hereby agree as follows: 1. SCOPE OF AGREEMENT: CONTRACTOR will furnish, operate and maintain CALIFORNIA certified school buses or SPAB to transport students and other persons from Hermosa View School to South Park. 2. TERM OF AGREEMENT: This agreement shall commence September 2, 2015 and continue through June 20, 2016 and may be extended for periods of one (1) calendar year by mutual agreement of both parties. The Agreement may be canceled by either party at any time, with or without cause, upon fifteen (15) days written notice. In the event of such cancellation, CONTRACTOR shall be compensated for services performed through the effective date of cancellation. 3. COMPENSATION FOR SERVICES: CITY shall compensate CONTRACTOR bi-weekly for services provided under this Agreement according to the following rate schedule: COMMUNITY CENTER TO HERMOSA VIEW AND BACK SERVICE CAPACITY DAILY RATE 40 passenger or larger bus or SPAB $240 per day 4. INVOICES: CONTRACTOR shall submit an invoice to the CITY bi-weekly for the estimated services that will be provided. CITY shall render estimated payment no later than thirty (30) days from the invoice date. 2 5. ROUTE AND ROUTE CHANGES: Prior to commencement of any service under the Agreement, CONTRACTOR and CITY will jointly establish routes and schedules confirming to the requirement of the CITY. If, at any time during the term of this Agreement, it is determined that service may be improved by revision to routing, scheduling or bus assignment, CITY and CONTRACTOR shall plan and institute such changes as necessary. Increased bus capacity or services necessitated by program of population changes may occur only when agreed to in writing by the parties. 6. TRAVEL TIME: No student shall be transported in excess of one (1) hour each day, or more than one (1) hour each afternoon, without prior approval of the CITY. 7. EMERGENCY TRANSPORTATION: No provision of the Agreement shall be construed in any manner to place CONTRACTOR under any obligation to perform emergency, ambulance or specialized medical transportation of any person. However, no provision herein shall prohibit CITY from engaging in such emergency transportation. 8. EQUIPMENT REQUIREMENTS: All vehicles utilized under this Agreement shall be California Certified School Buses or SPAB, licensed and inspected as required by the California Highway Patrol and State Law. Buses shall be maintained in good operating condition. CITY reserves the right to inspect CONTRACTOR’S buses or SPAB upon request. In the event the CITY finds CONTRATOR buses unsafe, or not in compliance with all applicable statutes, CONTRACTOR will make any necessary repairs within twenty-four (24) hours. 9. IMDEMNIFICATION: CONTRACTOR shall indemnify, defend and hold harmless CITY, its officers, officials and employees from and against all liability, loss, damage, expense, cost of every nature, including attorney fees, expert fees and costs of suit, arising out of or in connection with CONTRACTOR’S performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, excepting such liability, loss, damage, expense, or cost which arises out of or is connected with the negligence or willful misconduct of the CITY, its officer, officials, employees or other persons or entities acting on behalf of CITY. CONTRACTOR shall promptly pay any final judgment rendered again the CITY (and its officers, officials and employees) covered by the terms of this indemnity obligation. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. 10. INSURANCE A. Without limiting CONTRACTOR’s obligations arising under Section 11 – Indemnification, CONTRACTOR shall not begin work under this Agreement until it obtains policies of insurance required under this section. The insurance shall cover CONTRACTOR, its agents, representatives and employees in connection with the performance of work under this Agreement, and shall be maintained throughout the term of this Agreement. Insurance coverage shall be as follows: 3 i. Automobile Liability Insurance with $5,000,000 combined single limit. ii. Public Liability and Property Damage Insurance, insuring CITY, its elected and appointed officers, agents and employees from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from CONTRACTOR’s actions under this Agreement. Such insurance shall have a combined single limit of not less than $5,000,000. iii. Worker’s Compensation Insurance for all CONTRACTOR’s employees to the extent required by the State of California. B. Deductibility Limits for policies referred to in subparagraphs A (i) (ii) and (iii) shall not exceed $5,000 per occurrence C. Additional Insured. City, its elected and appointed officers, agents and employees shall be named as additionally insureds for claims arising under the Agreement on policies referred to in subparagraphs A (i) and (ii). D. Primary Insurance. The insurance requires in paragraphs A (i) (ii) and (iii) shall be primary and not excess coverage. E. Evidence of Insurance. Consultant shall furnish CITY, prior to the execution of this Agreement, satisfactory evidence of the insurance requires, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is requires to give CITY at least 30 days prior written notice of the cancellation of any policy during the effective period of the Agreement. All required insurance policies are subject to approval of the City Attorney, which approval shall not be unreasonably withheld or delayed. Failure on the part of CONTRACTOR to procure or maintain said insurance in full force and effect shall constitute a material breach of this Agreement. 11. NOTICES: Notices shall be given pursuant to the Agreement by facsimile, email or first class mail of the United States Postal Service addressed as follows: CITY: Attention: City Clerk City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 CONTRACTOR: Ortley Transportation PO BOX 2189 Gardena, CA 90247 4 A. The notices shall be deemed to have been given as of the date of facsimile or email, or three days after deposit of the same in the custody of the United States Postal Service. Either party may change its address, facsimile number or email address with notice to the other party. 12. DRIVER REQUIREMENTS: All drivers utilized under this Agreement shall be licensed and certified required by California law. Drivers shall be neat in appearance, fit for duty and meet or exceed the applicant legal standards for bus drivers. Drivers must at all times be in uniform (official company shirt) and in possession of all documents required to operate a school bus under California Law. CITY has the right to reject any driver for cause and shall notify CONTRACTOR in writing of any such rejection. 13. SAFETY PROGRAM: CONTRACTOR shall provide regular and continuous formal safety instruction for all operations personnel assigned to provide service under this Agreement. 14. FORCE MAJEURE: CONTRACTOR shall be excused from performance, without penalty, during such time and to the extent prevented from performing by Acts of Nature, Fire Earthquake, Strike, Lockout, Civil Disorder, War or Commandeering by the government or any other circumstance beyond CONTRACTOR’s control or any other force majeure act as defined by state law. 15. ASSIGNMENT OF AGREEMENT: CONTRACTOR shall not assign any portion of its responsibility under the terms of this Agreement without the written consent of CITY. 16. INDEPENDENT CONTRACTOR: While engaged in and carrying out the condition of the Agreement, CONTRACTOR is an independent contractor and not an officer, agent or employee of the CITY. 17. GOVERNING LAW: The rights and obligations of the parties hereunder shall be governed by, construed and enforced in accordance with the laws of the State of California. 18. DISPUTES: The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiations between the Parties’ authorized representatives. If the matter has not been resolved within thirty (30) days of the first meeting, either party may initiate a mediation of the dispute. The mediation shall be facilitated by a mediator that is acceptable to both parties and shall conclude within sixty (60) days of its commencement, unless the parties agree to extend the mediation process beyond such deadline. Upon agreeing on a mediator, the parties shall enter into a written agreement for the mediation services with each party paying a pro rata share of the mediator’s fee, if any. In the event mediation fails, the parties may exercise available judicial remedies, in which event the prevailing party shall be entitled to reasonable attorney’s fees and costs. 5 19. ENTIRE AGREEMENT: This agreement contains the full and entire agreement between and among the parties with respect to the entire subject matter hereof and supersedes any and all prior or contemporaneous agreements and discussions, whether written or oral. Any and all prior or contemporaneous discussions, negotiations, writings, commitments, and/or undertakings are merged herein, and no representations by any party not embodied herein shall be valid or binding. 20. AUTHORITY TO EXECUTE: Each person signing this Agreement warrants and represents that, to the extent he or she is executing this Agreement for an on behalf of an entity, he or she has been fully empowered and properly authorized to execute this Agreement for and behalf of said entity, and instructed by those having the requisite authority to cause said entity to make and enter into this Agreement. EXECUTED ON THE DATE FIRST WRITTEN, BY ORTLEY TRANSPORTATION CONTRACTOR 7223 Alondra Boulevard Paramount, CA 90723 CITY OF HERMOSA BEACH 1315 Valley Drive Hermosa Beach, CA 90254 By: By: Contractor Signature City Representative Signature Name (printed) Name (printed) Title Title ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0641 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 APPROVE THE UPDATED 2015 SPECIAL EVENT CALENDAR (Senior Recreation Supervisor Kelly Orta) Recommended Action: That Council approve the updated 2015 special event calendar through December, 2015, including the addition of Day at the Beach Triathlon and other small-scale events. Background: At the regular August 4, 2015 Parks and Recreation Advisory Commission meeting, Commission approved updates to the 2015 special event calendar (Attachment 1). Since this meeting, there have been several updates as event producers have requested either date or location changes to their previously approved event. Following current approval procedures, the City Council is tasked with making a final approval of all events and those included on the special event calendar. This approval process along with special event policies are currently being evaluated by the Parks and Recreation Commission Subcommittee. The Subcommittee’s goal is to return to the City Council in the fall with policy update recommendations to help alleviate the impactful special event calendar and impacts to recreational beach use caused by these events. Since the Subcommittee has not completed their policy recommendation, final review and approval of the 2015 special event calendar (Attachment 2) is up to Council this evening. Analysis: At the August 4, 2015 Parks and Recreation Advisory Commission meeting, the Day at the Beach Triathlon event was reviewed and considered by the Commission since the attendance, including spectators, is estimated to be 3,000 people. Since this is a repeat event (25th year in Hermosa Beach) and the requested date did not conflict with other approved events, Commission unanimously approved it to take place on Sunday, October 18, 2015. A one-page information sheet on this event is included for your review (Attachment 3). Since this meeting, several updates have been requested by event producers including the addition Hermosa Beach Printed on 8/20/2015Page 1 of 4 powered by Legistar™ Staff Report REPORT 15-0641 of events as well as date or location changes. These updates include: Commission Approved Calendar Updates ·Chamber of Commerce Sidewalk Festival o Saturday, August 8 - Sunday, August 9 and Saturday. November 21 o Event Description: Downtown sidewalk sale to engage merchants to offer sales and discounts to customers. Merchants may have a table/canopy on the sidewalk with their items as long as the table does not block a store entrance or public right of way. o Calendar Update Details: New event; dates added to the calendar ·Pumpkins in the Park o Saturday, October 10 o Event Description: Community event with games and activities for kids of all ages. Includes marionette show and a fall-themed picture opportunity. o Calendar Update Details: Date change from Saturday, October 17 ·Day at the Beach Triathlon o Sunday, October 18 o Event Description: Race includes ¼ mile swim in the ocean, a 10-mile bike ride up Pier Avenue using Valley and Ardmore, followed by a 3-mile run on the Strand. o Calendar Update Details: New event; date added to the calendar ·Dancing Through the Decades o Saturday, November 14 o Event Description: Fundraiser gala for the Hermosa Beach Historical Society. Will include DJ and dancing with a 1920’s theme. Funds will be raised through ticket sales & sponsorship. o Calendar Update Details: New event; date added to the calendar New Calendar Updates (requested since the last commission meeting) ·Movies on the Beach o Saturday, August 22 o Event Description: Family movie night of “Surf’s Up” organized by Friends of the Parks (FOP) to help raise funds for the South Park improvements. o Calendar Update Details: New location and name change from Valley Park to the beach. Hermosa Beach Printed on 8/20/2015Page 2 of 4 powered by Legistar™ Staff Report REPORT 15-0641 ·Pump Crawl LA o Saturday, August 29 o Event Description: Exercise class using light fitness equipment at Valley Park using boxes, jump ropes, and kettle bells. o Calendar Update Details: New event; date added to the calendar ·Hermosa Beach Junior Satellite Tennis Tournament o Saturday & Sunday, October 31-November 1 & November 7-8 o Event Description: Youth tennis tournament at the Community Center tennis courts o Calendar Update Details: Date change from November 7-8 & 14-15 ·Garden Benefit in South Park o Sunday, November 8 o Event Description: Event to celebrate the reopening of South Park and the rebuilding of the Community Garden. Event will include face painting and music. o Calendar Update Details: Date change from Sunday, October 11 ·Community Menorah Lighting o Sunday, December 6 o Event Description: A Channukah celebration including food, music, and a menorah lighting. o Calendar Update Details: New event; date added to the calendar ·Spyder Snowfest o Date TBD o Event Description: Downtown event featuring snow on Pier Avenue and family-friendly activities on the Plaza. o Calendar Update Details: Date TBD and reschedule from December 5 Fiscal Implications: The changes described will not impact special event fees charged to each event since fees are not determined seasonally, although additional events would result in additional special event revenue. Attachments: 1.Commission Approved 2015 Special Event Calendar (from August 4 meeting) 2.Updated 2015 Special Event Calendar (including changes made since August 4 Commission Hermosa Beach Printed on 8/20/2015Page 3 of 4 powered by Legistar™ Staff Report REPORT 15-0641 meeting.) 3. Day at the Beach Triathlon One-Page Event Information Sheet Respectfully Submitted by: Kelly Orta, Senior Recreation Supervisor Concur: Tom Bakaly, City Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 8/20/2015Page 4 of 4 powered by Legistar™ City of Hermosa Beach - Community Resources Department 710 Pier Avenue ● Hermosa Beach, CA ● 90254 | Telephone: 310-318-0280 | Fax: 310-372-4333 TENTATIVE CALENDAR OF EVENTS 2015 Visit our website at www.hermosabch.org for updates! JANUARY Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm SA 17 Volleyball Ventures Tournament North of Pier X SA 31 USAV Jr. Beach Tour Premiere Winter Series North of Pier X FEBRUARY Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm SA 14 Volleyball Ventures Tournament North of Pier X SA 28 USAV Jr. Beach Tour Premiere Winter Series North of Pier X MARCH Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm SA 7 Mira Costa Girls Beach Volleyball Tournament North of Pier X SA 14 HB St. Patrick’s Day Community Parade Downtown X SU 15 USAV Beach High Performance Tryouts North of Pier X SA 21 Hearts of Hermosa Community Center X SU 22 CBVA North of Pier X SA 28 Volleyball Ventures Tournament North of Pier X SA-SU 28-29 West Coast Beach Tennis Beach Tennis Courts X SU 29 USC Football Pep Rally (Pier Plaza Promo) Pier Plaza X APRIL Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm SA 4 AAU North of Pier X SA 4 Surfer’s Walk of Fame Ceremony Pier X SA 4 Spyder Surf Fest Plaza X SA 4 Hope Chapel Easter Egg Hunt Valley Park X SU 5 USAV Beach High Performance Tryouts North of Pier X SU 5 Easter Sunrise Mass South of Pier X SA-SU 11-12 USAV Collegiate Beach Challenge North of Pier X SA 18 CBVA North of Pier X SU 19 Walk for Water Strand X F 24 Skate for the Schools Skatepark X SA 25 USAV Beach High Performance Tryouts North of Pier X SA 25 Richstone Pier to Pier Walk Strand X MAY Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm F 1 Pass the Love Pier Plaza X SA 2 Volleyball Ventures Tournament North of Pier X SA 2 Endless Summer Classic Car Show Plaza X SA 9 USAV Beach High Performance Tryouts North of Pier X SA-SU 9-10 West Coast Beach Tennis Beach Tennis Courts X Revised:7/30/2015 at 4:42:36 PM Page 2 of 4 SU 10 USAV Jr. Beach Tour HB Open North of Pier X W 13 Tone it Up Workout and Meeting & Greet South of Pier X SA 16 Special Olympics Hands Project Community Center X SA 16 Night at the Ballpark Clark Field X SA 16 Surf Legends Memorial Groundbreaking Ceremony Community Center X SU 17 USAV Jr. Beach Tour HB Open North of Pier X SA-SU 23-24 CBVA Tournament North of Pier X SA-M 23-25 Fiesta Hermosa Downtown X M 25 Beachsport.org SUP Contest S. of Pier X SA 30 AAU North of Pier X SA 30 Hermosa Beach FitFest Downtown X SA 30 Special Olympics Hands Project Community Center X JUNE Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm SA-SU 6-7 HB Fine Arts Festival (Art Walk) Comm. Center X SA 6 Volleyball Ventures Tournament North of Pier X SA 13 USAV Jr. Beach Tour HB Open North of Pier X SA 13 Special Olympics Hands Project Community Center X SU 14 AAU North of Pier X SA 20 Summer SHAPE Up Beach/N Pier & Plaza X TU 23 USAV NORCECA Qualifier North of Pier X SU 28 Hermosa Beach Murals Project Unveiling The Underground Pub X JULY Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm M-TH 6-9 Jr. Volleyball Association (JVA) – BVCA National Beach Championships North of Pier X SA-SU 11-12 AAU North/South of Pier X M-F, SU 13-17, 19 USA Volleyball HP Championship North of Pier X W-TH 15-16 Shakespeare By the Sea Valley Park X SA 18 Smackfest Coed 4’s Tournament South of Pier X TU-W 21-22 Film Permit TBD Beach/Pier X TU-F 21-24 Special Olympics World Games Host Town Activities Torch Run (July 21 – Strand and Plaza) Meet the Athletes (July 22 – Valley Park) Parade (July 23 – Redondo Pier) Downtown & Various Locations X TH-SU 23-26 AAU North/South of Pier X W 29 USA Volleyball NORCECA Qualifiers North of Pier X TH-F 30 – 31 International Surf Festival Beach/Pier X AUGUST Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm SA-SU 1-2 International Surf Festival Beach/Pier SA-SU 1-2 CBVA North of Pier X SU 2 Summer Concert #1 South of Pier W-SA 5-8 HB Championships/NVL RIZE West North of Pier X Revised:7/30/2015 at 4:42:36 PM Page 3 of 4 Coast Championships SA 8 Navy Days – LA Concert South of Pier X SA-SU 8-9 Chamber of Commerce Sidewalk Festival NEW Downtown X SU 9 Summer Concert #2 South of Pier SA 15 USAV Junior Beach Tour North of Pier X SU 16 Summer Concert #3 South of Pier SA-SU 22-23 CBVA North of Pier X SA-SU 22-23 West Coast Beach Tennis Beach Tennis Courts X SA 22 Movies in the Park Valley Park X SU 23 Summer Concert #4 South of Pier SA 29 CBVA North of Pier X SEPTEMBER Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm W 2 USAV NORCECA Playoffs North of Pier X SA-M 5-7 Fiesta Hermosa Downtown X SA-SU 5-6 CBVA North of Pier X SA 12 Volleyball Ventures Tournament North of Pier X SA 19 Coastal Cleanup Day North of Pier X SA 19 Board Short Mile South of Pier X SA-SU 19-20 West Coast Beach Tennis Beach Tennis Courts X FR-SU 25-27 Hermosa Beach Open Beach Tennis Courts X SA 26 USAV Junior Beach Tour North of Pier X SA 26 Rat Beach Bike Tour Strand (pass- through) X OCTOBER Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm SA 3 Longboard Contest South of Pier X SA 10 Pumpkins in the Park NEW DATE Edith Rodaway X SU 11 Garden Benefit in South Park NEW South Park X SA 17 USAV Junior Beach Tour North of Pier X SU 18 Day at the Beach Triathlon NEW Downtown X SA-SU 24-25 West Coast Beach Tennis Beach Tennis Courts X SA 31 Volleyball Ventures Tournament North of Pier X NOVEMBER Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm SA 7 Pier 2 Pier Run/Walk Beach X SA-SU 7-8 & 14-15 Hermosa Beach Junior Satellite Tennis Tournament Community Center Tennis Courts X W 11 Veterans Commemoration Ceremony Vets Memorial X SA 14 USAV Junior Beach Tour North of Pier X SA 14 Dancing Through the Decades NEW Community Center Gym X SU 15 Brain Tumor Walk Pier Plaza & Strand X SA 21 Volleyball Ventures Tournament North of Pier X Revised:7/30/2015 at 4:42:36 PM Page 4 of 4 SA 21 Chamber of Commerce Sidewalk Festival NEW Downtown X DECEMBER Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm SA 5 Sand Snowman Contest Beach/ N. Pier X SU 6 Spyder Snowfest Downtown X SA 12 USAV Junior Beach Tour North of Pier X City of Hermosa Beach - Community Resources Department 710 Pier Avenue ● Hermosa Beach, CA ● 90254 | Telephone: 310-318-0280 | Fax: 310-372-4333 TENTATIVE CALENDAR OF EVENTS 2015 Visit our website at www.hermosabch.org for updates! JANUARY Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm SA 17 Volleyball Ventures Tournament North of Pier X SA 31 USAV Jr. Beach Tour Premiere Winter Series North of Pier X FEBRUARY Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm SA 14 Volleyball Ventures Tournament North of Pier X SA 28 USAV Jr. Beach Tour Premiere Winter Series North of Pier X MARCH Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm SA 7 Mira Costa Girls Beach Volleyball Tournament North of Pier X SA 14 HB St. Patrick’s Day Community Parade Downtown X SU 15 USAV Beach High Performance Tryouts North of Pier X SA 21 Hearts of Hermosa Community Center X SU 22 CBVA North of Pier X SA 28 Volleyball Ventures Tournament North of Pier X SA-SU 28-29 West Coast Beach Tennis Beach Tennis Courts X SU 29 USC Football Pep Rally (Pier Plaza Promo) Pier Plaza X APRIL Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm SA 4 AAU North of Pier X SA 4 Surfer’s Walk of Fame Ceremony Pier X SA 4 Spyder Surf Fest Plaza X SA 4 Hope Chapel Easter Egg Hunt Valley Park X SU 5 USAV Beach High Performance Tryouts North of Pier X SU 5 Easter Sunrise Mass South of Pier X SA-SU 11-12 USAV Collegiate Beach Challenge North of Pier X SA 18 CBVA North of Pier X SU 19 Walk for Water Strand X F 24 Skate for the Schools Skatepark X SA 25 USAV Beach High Performance Tryouts North of Pier X SA 25 Richstone Pier to Pier Walk Strand X MAY Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm F 1 Pass the Love Pier Plaza X SA 2 Volleyball Ventures Tournament North of Pier X SA 2 Endless Summer Classic Car Show Plaza X SA 9 USAV Beach High Performance Tryouts North of Pier X SA-SU 9-10 West Coast Beach Tennis Beach Tennis Courts X Revised:8/20/2015 at 1:51:54 PM Page 2 of 4 SU 10 USAV Jr. Beach Tour HB Open North of Pier X W 13 Tone it Up Workout and Meeting & Greet South of Pier X SA 16 Special Olympics Hands Project Community Center X SA 16 Night at the Ballpark Clark Field X SA 16 Surf Legends Memorial Groundbreaking Ceremony Community Center X SU 17 USAV Jr. Beach Tour HB Open North of Pier X SA-SU 23-24 CBVA Tournament North of Pier X SA-M 23-25 Fiesta Hermosa Downtown X M 25 Beachsport.org SUP Contest S. of Pier X SA 30 AAU North of Pier X SA 30 Hermosa Beach FitFest Downtown X SA 30 Special Olympics Hands Project Community Center X JUNE Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm SA-SU 6-7 HB Fine Arts Festival (Art Walk) Comm. Center X SA 6 Volleyball Ventures Tournament North of Pier X SA 13 USAV Jr. Beach Tour HB Open North of Pier X SA 13 Special Olympics Hands Project Community Center X SU 14 AAU North of Pier X SA 20 Summer SHAPE Up Beach/N Pier & Plaza X TU 23 USAV NORCECA Qualifier North of Pier X SU 28 Hermosa Beach Murals Project Unveiling The Underground Pub X JULY Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm M-TH 6-9 Jr. Volleyball Association (JVA) – BVCA National Beach Championships North of Pier X SA-SU 11-12 AAU North/South of Pier X M-F, SU 13-17, 19 USA Volleyball HP Championship North of Pier X W-TH 15-16 Shakespeare By the Sea Valley Park X SA 18 Smackfest Coed 4’s Tournament South of Pier X TU-W 21-22 Film Permit TBD Beach/Pier X TU-F 21-24 Special Olympics World Games Host Town Activities Torch Run (July 21 – Strand and Plaza) Meet the Athletes (July 22 – Valley Park) Parade (July 23 – Redondo Pier) Downtown & Various Locations X TH-SU 23-26 AAU North/South of Pier X W 29 USA Volleyball NORCECA Qualifiers North of Pier X TH-F 30 – 31 International Surf Festival Beach/Pier X AUGUST Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm SA-SU 1-2 International Surf Festival Beach/Pier SA-SU 1-2 CBVA North of Pier X SU 2 Summer Concert #1 South of Pier W-SA 5-8 HB Championships/NVL RIZE West North of Pier X Revised:8/20/2015 at 1:51:54 PM Page 3 of 4 Coast Championships SA 8 Navy Days – LA Concert South of Pier X SA-SU 8-9 Chamber of Commerce Sidewalk Festival NEW Downtown X SU 9 Summer Concert #2 South of Pier SA 15 USAV Junior Beach Tour North of Pier X SU 16 Summer Concert #3 South of Pier SA-SU 22-23 CBVA North of Pier X SA-SU 22-23 West Coast Beach Tennis Beach Tennis Courts X SA 22 Movies on the Beach NEW LOCATION South of Pier X SU 23 Summer Concert #4 South of Pier SA 29 CBVA North of Pier X SA 29 Pump Crawl LA NEW Valley Park X SEPTEMBER Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm W 2 USAV NORCECA Playoffs North of Pier X SA-M 5-7 Fiesta Hermosa Downtown X SA-SU 5-6 CBVA North of Pier X SA 12 Volleyball Ventures Tournament North of Pier X SA 19 Coastal Cleanup Day North of Pier X SA 19 Board Short Mile South of Pier X SA-SU 19-20 West Coast Beach Tennis Beach Tennis Courts X FR-SU 25-27 Hermosa Beach Open Beach Tennis Courts X SA 26 USAV Junior Beach Tour North of Pier X SA 26 Rat Beach Bike Tour Strand (pass- through) X OCTOBER Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm SA 3 Longboard Contest South of Pier X SA 10 Pumpkins in the Park NEW DATE Edith Rodaway X SA 17 USAV Junior Beach Tour North of Pier X SU 18 Day at the Beach Triathlon NEW Downtown X SA-SU 24-25 West Coast Beach Tennis Beach Tennis Courts X SA 31 Volleyball Ventures Tournament North of Pier X SA 31 Hermosa Beach Junior Satellite Tennis Tournament NEW DATE Community Center Tennis Courts X NOVEMBER Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm SA-SU 1 & 7-8 Hermosa Beach Junior Satellite Tennis Tournament NEW DATES Community Center Tennis Courts X SA 7 Pier 2 Pier Run/Walk Beach X SU 8 Garden Benefit in South Park NEW DATE South Park X W 11 Veterans Commemoration Ceremony Vets Memorial X SA 14 USAV Junior Beach Tour North of Pier X Revised:8/20/2015 at 1:51:54 PM Page 4 of 4 SA 14 Dancing Through the Decades NEW Community Center Gym X SU 15 Brain Tumor Walk Pier Plaza & Strand X SA 21 Volleyball Ventures Tournament North of Pier X SA 21 Chamber of Commerce Sidewalk Festival NEW Downtown X DECEMBER Day Date Name Location CR Dept HB Co- Sponsor Non- Profit Comm SA 5 Sand Snowman Contest Beach/ N. Pier X SU 6 Community Menorah Lighting Plaza X SA 12 USAV Junior Beach Tour North of Pier X -- TBD Spyder Snowfest UPDATED Downtown X Event Name: Day at the Beach Triathlon Race includes ¼ mile swim in the ocean, a 10-mile bike ride up Pier Avenue using Valley and Ardmore, followed by a 3-mile run on the Strand. Proposed Date(s): Sunday, October 18, 2015 Company: Michael Epstein Sports Productions Company Contact: Jim Eichorn Address: 29395 Agoura Road, Suite 102 Agoura Hills, CA 91301 Phone: 818.707.8866 X28 Email: jeichorn@mesp.com Event Type: Triathlon Participants: 14-80 years old Estimated # of Participants: 1,000 Estimated # of Attendees: 3,000 Requesting Parking? ☒ Yes ☐ No 5 spaces on 10/16; 10 spaces on 10/17; 15 spaces on 10/18 Amplified Sound? ☒ Yes ☐ No Set-Up/Tear-Down Information: Set-up will begin October 16 with minimal community impact. Tear down would take place day of the event and conclude at 3:00pm. Event Footprint: Downtown area including beach, Plaza, Pier Avenue, Valley and Ardmore Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0611 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 ORDINANCE NO. 15-1356 - “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, BANNING THE USE OF PLASTIC CARRYOUT BAGS AND IMPOSING A CHARGE FOR RECYCLABLE PAPER BAGS.” (City Clerk Elaine Doerfling) Recommended Action: It is recommended that the City Council waive full reading and adopt by title Ordinance No. 15-1356 that applies to all retail establishments, excluding restaurants and drycleaners and decide whether to give direction to staff relative to returning with an amended ordinance to include restaurants. Background: At the City Council’s regular meeting of Tuesday, July 28, 2015, the plastic bag ban ordinance was presented for Council consideration and was introduced by the following vote: AYES:Fangary, Tucker, Mayor Barragan NOES:DiVirgilio, Petty ABSENT:None ABSTAIN:None Analysis: As written, the ordinance covers all retail establishments located within or doing business within the geographical limits of the City of Hermosa Beach, excluding dry cleaners and restaurants. During the Council deliberations, staff mistakenly responded to a question from a Councilmember indicating that restaurants were covered in the ordinance. They are not and that was an oversight by staff. As written, Ordinance No. 15-1356 defines restaurants separately as "food providers", but does not include them in the list of affected retailers. Consequently, the list of potentially affected retailers was reduced from 265 to 180 (Attachment 2). The current list of affected retailers includes Vons, Ralphs and CVS Pharmacies, the largest distributers of plastic carryout bags in the City. Therefore, as written, the ordinance will be effective at greatly reducing the number of plastic bags that are Hermosa Beach Printed on 8/20/2015Page 1 of 2 powered by Legistar™ Staff Report REPORT 15-0611 incorrectly disposed of, and end up in the environment. In order to support City Council’s environmental goals staff recommends Council can adopt the ordinance as is and decide whether to give direction to staff relative to returning with an amending ordinance. Council may, alternatively, modify the ordinance to include restaurants and reintroduce it this evening, with adoption scheduled for September 8, 2015. Staff have also been asked to clarify the types of paper bags subject to the ordinance, and whether the ordinance covers gift bags or bags with handles. All recyclable paper carryout bags for the purpose of carrying away goods or other materials from the point of sale, are subject to the terms of this ordinance, and cannot be provided without charge. Customer have numerous options, including purchasing a paper bag for $0.10, or not taking a bag, or using their own bag, or buying a reusable bag if the merchant chooses to sell them. The $0.10 charge must be listed as a single line item on the customer’s receipt and is not taxable. Businesses will need to adjust their Point of Sale (POS) systems and the checkout bag charge must be itemized and shown separately on the customer’s receipt. Attachments: 1. Ordinance No. 15-1356 2. List of affected businesses and food service providers 3. Bag Ban Notification Submitted by: Elaine Doerfling, City Clerk Kristy Morris, Environmental Analyst Legal Review: Mike Jenkins, City Attorney Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 8/20/2015Page 2 of 2 powered by Legistar™ Page 1 of 7 15-1356 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. 15-1356 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, BANNING THE USE OF PLASTIC CARRYOUT BAGS AND IMPOSING A CHARGE FOR RECYCLABLE PAPER BAGS THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 1.10.040 of Title 1, Chapter 1.10 of the Hermosa Beach Municipal Code is amended to add a new paragraph 16 to read: “Chapter 8.68: Plastic Carryout Shopping Bags” SECTION 2. A new Chapter 8.68 is added to Title 8 of the Hermosa Beach Municipal Code to read as follows: Chapter 8.68 Plastic Carryout Shopping Bags 8.68.010 Definitions. The following definitions apply to this Chapter: A. "Affected retail establishment" means any retail establishment located within or doing business within the geographical limits of the City of Hermosa Beach, including vendors at City-sponsored events, City-owned facilities, and events held on City property, but excluding dry cleaners. B. "Food provider" means any person or establishment in the City of Hermosa Beach that provides prepared food for public consumption on or off its premises and includes, without limitation, any store, shop, sales outlet, restaurant, grocery store, delicatessen, or catering truck or vehicle. C. "Customer" means any person purchasing goods from a store. D. "Grocery store" means any retail establishment that sells groceries, fresh, packaged, canned, dry, prepared or frozen food or beverage products and similar items, and includes, without limitation, supermarkets, and convenience stores, including convenience stores at gasoline stations. E. "Operator" means the person in control of, or having the responsibility for, the operation of a store, which may include, but is not limited to, the owner of the store. Page 2 of 7 15-1356 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F. "Person" means any natural person, firm, corporation, partnership, or other organization or group however organized. G. "Postconsumer recycled material" means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. "Postconsumer recycled material" does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process. H. “Produce bag" or "product bag" means any bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items. I. "Recyclable" means material that can be sorted, cleansed and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. "Recycling" does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. J. "Recyclable paper carryout bag" means a paper bag that meets all of the following requirements: (1) contains no old growth fiber, (2) is one hundred percent (100%) recyclable overall and contains a minimum of forty percent (40%) postconsumer recycled material; (3) is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard 06400; (4) is accepted for recycling in curbside programs in the City; (5) has printed on the bag the name of the manufacturer, the location (country) where the bag was manufactured, and the percentage of postconsumer recycled material used; and (6) displays the word "Recyclable" in a highly visible manner on the outside of the bag. K. "Retail establishment" means any commercial retail facility that sells goods or provides merchandise directly to the ultimate consumer, including, but not limited to, grocery stores, pharmacies, liquor stores, "mini-marts," clothing stores, newsstands, retail stores and vendors selling goods or merchandise from a kiosk. Page 3 of 7 15-1356 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 L. "Reusable bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: (1) has a minimum lifetime of 125 uses, which for purposes of this subsection, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet; (2) has a minimum volume of 15 liters; (3) is machine washable or made from a material that can be cleaned and disinfected; (4) does not contain lead, cadmium, or any other toxic material that may pose a threat to public health (a reusable bag manufacturer may demonstrate compliance with this requirement by obtaining a no objection letter from the Federal Food and Drug Administration); (5) has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the location (country) where the bag was manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and the percentage of postconsumer recycled material used, if any; (6) bag care and washing instructions; (7) if made of plastic film, be at least 2.25 millimeters thick, measured according to the American Society of Testing and Materials (ASTM) Standard D6988-13; and (8) complies with Section 260.12 of Part 260 of Title 16 of the Code of Federal Regulations related to recyclable claims if the reusable grocery bag producer makes a claim that the reusable grocery bag is recyclable. M. "Single-use plastic carryout bag" or "plastic carryout bag" means any bag made predominantly of plastic derived from petroleum, natural gas, or a biologically-based source, such as corn or other plant sources, which is provided to a customer at the point of sale. "Plastic single-use carryout bag" includes compostable and biodegradable bags but does not include: (1) a bag provided to a customer to hold prescription medication dispensed from a pharmacy; (2) a nonhandled produce bag used to protect a purchased item from damaging or contaminating other purchased items when placed in a single-use carryout bag, recycled paper bag or reusable grocery bag; (3) a bag provided to contain an unwrapped food item; or (4) a nonhandled bag that is designed to be placed over articles of clothing on a hanger. 8.68.020 Plastic single-use carryout bags prohibited. Page 4 of 7 15-1356 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 No affected retail establishment shall provide plastic single-use carryout bags to customers for the purpose of carrying away goods from the point of sale. Nothing in this Chapter prohibits customers from using bags of any type that they bring to the store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store. 8.68.030 Permitted bags. A. Affected retail establishments may provide or make available to customers recyclable paper carryout bags for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this Chapter. Non-recyclable paper carryout bags shall not be provided to customers unless they meet the definition of reusable bag. B. Affected retail establishments shall make reusable bags available to customers either for sale or at no charge. C. Affected retail establishments may make available plastic produce bags for the purpose of preventing food items from coming into direct contact with other purchased items. D.Each affected retail establishment is encouraged to educate its staff to promote reusable bags and to post signs encouraging customers to use reusable bags, and may provide incentives to customers to encourage use of reusable bags. 8.68.040 Regulation of recyclable paper carryout bags. A. Any affected retail establishment that provides a recyclable paper carryout bag to a customer shall charge the customer ten (10) cents ($0.10) for each bag provided, except as provided in Section 8.68.050. B. No affected retail establishment shall rebate or otherwise reimburse a customer any portion of the 10 cent ($0.10) charge required in Subsection A. C. All affected retail establishments shall indicate on the customer receipt the number of recyclable paper carryout bags provided and the total amount charged for the bags. D. All monies collected by a retail establishment under this Chapter shall be retained by the store and shall be used only for the following purposes: (1) costs associated with complying with the requirements of this Chapter; (2) actual costs of providing recyclable paper carryout Page 5 of 7 15-1356 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 bags; or (3) costs associated with a store's educational materials or education campaign encouraging the use of reusable bags, if any. 8.68.050 Exempt customers. All affected retail establishments must provide at the point of sale, free of charge, either reusable bags or recyclable paper carryout bags, or both, at the store's option, to any customer participating in either the California Special Supplemental Food program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the Welfare and Institutions Code. 8.68.060 Enforcement and violation - penalties. A. The City Manager, or his or her designee, shall enforce the provisions of this Chapter. Nothing in this Chapter shall be construed to create a private cause of action. The City Manager or his/her designee, shall be authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with this Chapter, including, but not limited to, inspecting any retail establishment's premises to verify compliance. B. If the City Manager, or his/her designee, determines that a violation of this Chapter has occurred, he/she will issue a written warning notice to the operator of a store that a violation has occurred and the potential penalties that will apply for future violations. C. Any person that violates or fails to comply with any of the requirements of this Chapter after a written warning notice has been issued for that violation shall be subject to the Administrative Citation procedures in Chapter 1.10. D. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this Chapter. E. Each violation of this Chapter shall be considered a separate offense. Page 6 of 7 15-1356 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F. The remedies and penalties provided in this section are cumulative and not exclusive, and nothing in this Chapter shall preclude any person from pursuing any other remedies provided by law. 8.68.070 No conflict with Federal or State law. Nothing in this Ordinance is intended to create any requirement, power or duty that is in conflict with any Federal or State law. 8.68.080 Operative date. A. This Ordinance shall become operative as to affected retail establishments that meet the definition of a "supermarket" as found in the California Public Resources Code, Section 14526.5 and affected retail establishments of at least 10,000 square feet, six (6) months after its effective date, unless the establishment provides documentation satisfactory to the City Manager or his/her designee showing that it entered into an agreement for the purchase of plastic carryout bags within the year prior to the effective date of this Ordinance. The City Manager or his or her designee may exempt such establishments from the provisions of this Ordinance for an additional six (6) months. This Ordinance shall become operative as to all remaining affected retail establishments, including establishments smaller than 10,000 square feet, twelve (12) months after its effective date. B. The City Manager, or his/her designee, may exempt an affected retail establishment from the requirements of this Chapter for a period of up to one additional year after the operative date of this Ordinance, upon sufficient showing by the applicant that the provisions of this Ordinance would cause undue economic hardship. A request for an economic hardship exemption must be submitted in writing to the City along with supporting documentation within 60 days of the effective date of this Ordinance. SECTION 3.Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, Page 7 of 7 15-1356 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 such invalidity or unenforceability shall not affect the validity or enforceability of the remaining portions of this Ordinance, or its application to any other persons or circumstance. SECTION 4. This Ordinance is effective thirty (30) days following adoption. SECTION 5. This Ordinance is categorically exempt from the California Environmental Quality Act pursuant to California Code of Regulations sections 15307 and 15308 describing projects that protect natural resources or protect the environment. SECTION 6. 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 25th day of August, 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 ATTACHMENT 2 POTENTIALLY AFFECTED BUSINESSES (Active Business Licenses) 24 Hour Fitness Retail Sales #97 3rd Sheet Tattoo 7-Eleven Store #2173-23944 A R Salon -Mark of Excellence Hair Aaron Brothers Art Mart #312 Abe's Liquor Active Cuts Alka Puro Hermosa All About Me! Amaloa LLC ·Retail American Tire Depot Andes International Angel Hair & Nails Ashley's Deli& Market Inc. Avanti Jewelers Bar Method Of Hermosa Bath Bar Bay Cities Nail& Spa Beach & Beverly Beach Bodies Beach Break Beach Cities Cycle Inc. Beach Planet Beachy Keen Bay Bikram Yoga Hermosa Beach Retail Bionic Body Blue Rose Bow Wow Boutique Retail Bow Wow Boutique Retail Sales C V S Pharmacy 9101 C V S Pharmacy 9476 California Marking Device,Inc. Carpet Spectrum,Inc. Chique Chug Salon (retail) Cigar Hookah And Beyond Classic Tile & Mosaic Coco Nail & Spa Contour Aesthetic Spa Retail Crossfit Horsepower: Hermosa Beach Crossfit South Bay Curious... Cutters Hair Salon Dawn To Dusk Deep Pocket Jean Company LLC ·Retail Dermstore LLC ·Retail Design's On You" Hair" Details Diversity Retail Dmaggio Art Glass Corp. Dog House Studio Dott Corporation Dualforces,Inc Dunn-Edwards Paint E. T. Surfboards Easy Reader.Inc. Elegant Nails & Spa Retail Evolution Salon H.B. Retail Fantasy Beauty & Spas Feed The Machine Fitness Empire Floyd's 99 Barbershop Freedive N Spear Furnished Glow Hair & Skin Therapy Retail Grace Deli Grill Granny's Grocery Gum Tree Retail & Cafe Gymboree Play & Music HB Chamber Of Commerce Farmers H. L Corporation Retail Hair On The Run Hair Mechanicxs Hair Studio J C ·Retail Haute La Boutique·Devinci Brows Herbal Regenesis Hermosa Auto Detailing &Tint Hermosa Barbershop Hermosa Beach Yacht Club Hermosa Beauty Center Hermosa Celebrations Hermosa Cyclery Inc. Retail Hermosa Ink & Apparel Retail Hermosa Massage Hermosa Nail Company Inc. Hermosa Wine & Spirits Isabel Lemaire Art & Flowers Jamba Juice 71 Retail Jell & Debbie's Pumpkins & Trees Jenu Biosciences L L C Jessica Rose Retail Just Massage Studio Karen Wittich Designs Karma Clothing LLC Kriser's Feeding Pets For Life, L L C La Sunset Tan (Retail) Laser Away Retail Lavish Gift+ Home Learned Lumber Lily Pad Floral Design Lopa Lopa Lovesick Tattoo Lucky Plants Luna G Maison Luxe Marx Pier Avenue Hair Studio Manhattan Mart Mark of Excellence Massage Envy Spa Retail Maximus Full Service Salon May's Gas Station & Minimart Inc. Meg Company·Grizzzly Michelle's Mimi Nails And Spa Montee Swim Motion Bicycle Establishment Nail Garden Nancy's Nail Spa Niosha Inc Dba Beach Shop Pampered Tot Panache Beauty & Threading Salon PCH Lock&Key Petmart Pier Avenue Fitness PierSurf Pilates Angel·Angel Mallei Pilates Room·Bumatay,Monica Poise Fitness Potter's Ensemble Studio Princess Penelope's Purple Haze Smoke Shop QQueenBee Quinn's Family Barber Shop RAD Design Ralphs Grocery Company #202 Revive Thai Spa Robert's Liquor Rock N'Roll Car Wash Royal Nails Salon Del Mar Salon Republic Salvatore's Sand Spa Sassy's Boutique Screaming Leopard Studios Seymour Jewelers Of Hermosa Skin Atelier Skin Savve Boutique So HoYoga Sol Baby Soothe Your Soul Special Occasions Co. Spyder II Spyderboards Starbucks Coffee #5201 Starbuck's Coffee #5821 Stars Antique Market Sugar Rays·Nails (Retail) Supercuts T L C Pharmacy The Mint Salon The Pilates Room The Sherwin Williams Company #8624 The Yard Strength Inc.·Retail Tint World Treasure Chest Trubeauty Center U-Ca-Tan Uncorked The Wine Shop USTA Corp. For Catering Vans #231 Virginia Aesthetics Vivadream Vons Companies.lnc. #2110 West Marine White House Pilates Wicked • (Retail) Wink Salon Yak & Yeti Yer Cheat'n Heart Tattoo Inc. FOOD PROVIDERS (Active Business Licenses) Abigaile & Ocean Bar Akbar Cuisine Of India Aloha Sharkeez Amigos Tacos B. C. Broasted Chicken & Pizza Barnacles Bar & Grill Beirut Mix Best Donuts Boardwalk Fresh Burgers & Fries Bobby's South Bay Italian Bottle Inn Restaurant Brother's Burritos Buona Vita Cali Cantina California Sushi & Teriyaki Chipotle Mexican Grill 12B6 Chong's Chinese Cafe Copacabana Grill Crème De La Crepe Dia De Campo El Pollo lnka Establishment Fat Face Fenners Fishback Fat Tomato Pizza Fritto Misto Frosted Cupcakery Fusion Sushi Greenbelt Gugu Sushi & Roll Hermosa Beach Fish Shop Hermosa Mexican Cuisine Hermosa Pie And Cake Co. Hot's Kitchen Jack In The Box 257 Java Man Juice It Up Killer Shrimp Hermosa Beach La Paz Restaurant #2 La Playita Restaurant Lighthouse Cafe Martha's 22nd Street Grill McDonald's Restaurant #14332 Mediterraneo Mickey McColgan's My Fit Foods North End Bar & Grill Ocean Diner Oki Doki Sushi Paradise Bowls Paisanos Pizza & Pasta Pacific Rim Cafe Paciugo Gelato Palmilla Patrick Molloy's Pick Up Stix #721 Pita Pit Project Taco Rico's Italian Ice Rockberry Rockefeller Rosa's Round Table Pizza Saint Rocke Scapegoat Coffee.L L C Scotty's Silvio’s Brazilian BBQ Spice Six Subway Suzy's Bar & Grill Tammie's Corner House Cafe The Deck Hermosa Beach L L C The Grindz At 1601 The Hook And Plow The Source Cafe The Standing Room The Chicken Shack Umami Hermosa.LLC Underground Pub & Grill Uncle Stavros Cale Watermans Hb Western Pizza Inc. Wildflour Boston Pizza Wolven Steak & Whisky Yobagel Zane's Restaurant From: jgoodlett [mailto:jgoodlett@verizon.net] Sent: Monday, August 24, 2015 9:41 PM To: Linda Abbott Cc: Ann Yang Subject: Single Use Plastic Bag Ban City Council, I urge you to vote NO on this unnecessary ban on Plastic Bag bans for the following reasons: 1. Impact on out of town visitors who shop in the city. 2. Unnecessary fee for a paper bag 3. Will not really impact the environment since the city of Hermosa Beach is so small 4. Unfair to the local businesses, they should decide, what bag is more cost effective or if they want to go green 5. Government needs to govern, and not determine what type of shopping bags individuals use 6. It was government who decided in the past that paper bags were harmful to the environment, now they are trying to undo what they created. 7. Hermosa Beach should not become a “nanny” city 8. What about the single use bags that are used to put produce in are they going to be banned too? 9. What about the single use bags that to go food is packaged in at local restaurants 10. What about the single use bags that most food is packaged in the grocery store isles Once again, please vote NO on this unnecessary ordinance. The City of Hermosa Beach has a ban on Styrofoam which in my opinion is a joke. The lunches at the public school are served on Styrofoam. The meat sold in the markets are packaged on Styrofoam. The hot beverages in certain take out restaurants are served in styraform. Just a few examples of a law on the books that really does not work and therefore is not needed. Regards, Michelle Goodlett 244 24th Street Hermosa Beach From: Lori Ford <Lori@gumtreela.com> Date: August 25, 2015 at 5:07:59 AM PDT To: Tom Bakaly <tbakaly@hermosabch.org>, Ken Robertson <krobertson@hermosabch.org> Cc: Michael di virgilio <mdivir@gmail.com>, Councilmember Carolyn Petty <cpetty@hermosabch.org>, Hfangary <hfangary@hermosabch.org>, Peter tucker <peter@electpetertucker.com>, Nanette Barragan <nbarraga@hotmail.com> Subject: Plastic Bags and A-Frames Hello Hermosa Beach Council Members, I plan to attend the council meeting tonight to give my opinion during public comment on both the Plastic Bag ban and the A-Frame sign issues. But with only 3 minutes and a lot to say, I thought it might be helpful to you to have this in an email. Plastic Bag Ban— First, let me say that I had always been in favor of the Plastic bag ban as it is written and has been adopted in Los Angeles County and in our neighboring city of Manhattan Beach. Unfortunately, it has been brought to my attention that Hermosa has decided to put a blanket $.10 surcharge for paper bags on ALL retail establishments, and just to be clear I am completely opposed to this part of the ordinance. Since the day we opened, almost 7 years ago, I have been purchasing recycled paper bags, wrapping paper and tissue paper for our shop, and eco friendly recycled paper food containers, bags, biodegradable silverware, and cups for our cafe. We spend more money on these products because we care about our environment and this is a choice we have made. In addition during the holidays we give out reusable Gum Tree jute bags, which cost me a small fortune. Then we run a series of promotions throughout the year to reward the customers for coming to shop with their reusable Gum Tree jute tote... Asking our customers to now pay us a surcharge of 10 cents on a paper bag that we have been giving them for 7 years makes no sense at all. Furthermore, if we are now charging for these bags, does that bring them into my cost of goods sold instead of my expenses? So now a cost of doing business that was previously a write off, which we need to stay alive in this competitive market, is added to my income sheet instead, and I will be further taxed on it? How do you intend to police this policy? Will I have to spend even more time filling out forms for the city of Hermosa Beach, and working with my accountant to get you reports of amount of bags sold? It is hard enough for those of us with small retail businesses to compete with our neighboring cities, and our online counterparts. Why would you take this step to make it harder? The law was written the way it was, to encourage grocery stores and larger retail shops/pharmacies who sell food products, to charge 10 cents a bag for a number of reasons, not least of which is that the grocery stores lobbied for it to be this way, they now make a profit on their bags. Believe me, I will not make a profit on these bags. They can buy their bags in huge bulk at severely discounted prices, I, and other small retailers, cannot. It’s an insult to my customers to be charged this fee when they are trying to support small business in their own small town. They can head right over to Manhattan or Redondo or El Segundo to shop instead at retailers who are not doing business in a city that makes everything so much harder than it needs to be. A-Frames— Speaking of making things harder than necessary we need A-Frame signs in front of our businesses! I just returned from NYC on a business trip. One of the most charming things about the city is the personality that spills onto the sidewalk from the businesses. And people actually walk everywhere in the city, they are out on the sidewalks! Many businesses used A-Frame signs, and even more were using plants out on the sidewalk to create atmosphere and draw attention to their businesses. See some photos attached. It is proven that A-Frame signs draw in walking traffic. They can add character to a stretch of upper Pier Avenue, where Gum Tree Kids is located, that is otherwise empty. We can advertise specials, sales, what we have inside, sometimes it’s just that little bit of text that brings them in. Your Hermosa 5-0 program has been putting an A Frame sign out on the community center lawn during this entire ban…they do so because they want people to know what they have to offer inside the community center. Has your code enforcement officer been giving them warnings and citations on her rounds? I understand there are challenges with A-Frames, but there are solutions too. Make sure to only allow one sign per business, give specific dimensions that the signs need to comply to. Dictate where signs are to be placed, should they be flush with your building or out in the space near the street where there are already trees and parking meters. If you feel you need to be more involved in controlling the look of the signs then make it a permitted process just as you do window signs and banners. I would gladly pay $50-100 a year for a permit for my A-Frame sign. Please see a couple of helpful articles below on the benefit of A-Frames on our sidewalks. http://www.citylab.com/work/2012/02/sandwich-board-makes-comeback/1277/ http://smallbusiness.chron.com/benefits-sidewalk-signs-39316.html I hope you will consider my thoughts when you vote this evening. I sat in a meeting the chamber facilitated for Retailers back in April…Every retailer in the room said they wanted A-Frames back, we represented about 17 downtown businesses in that room, your economic development director was present, and every single business wanted signs back. Look at your Community dialogue tool, being business friendly is one of Hermosa Beach's top priorities. It comes up in nearly every General Plan meeting I attend, it came up in every Community Dialogue meeting. Our community wants independent small businesses in town, these kinds of regulations only make it harder for our kind of businesses to survive and thrive here. I am writing this email at 4:40am because that’s when I’m awake and not at work or spending time with my family. I do not have time to attend meeting after meeting to discuss the same things over and over again. I believe I have now attended no fewer than 8 chamber or city meetings specifically about A-Frames in the last 5 years, and it looks like even if you decide tonight they are a good idea I will sit in at least another 2 or 3 meetings with the planning commission, city staff and back to council…we have missed the summer season and risk missing the holiday season too. I am running 3 businesses on Pier Avenue, sitting on the Board of the Chamber of Commerce and working on your General Plan. I am a stakeholder in this community, and I love Hermosa Beach. I hope you know that I am not only speaking for my small business, but for many others in the community as well. Thanks for your time. Lori Ford Think Globally, Shop and Eat Locally! www.gumtreela.com 310.376.8744 Shop From: "Gina Rothwell" <gina@sol-baby.com> To: "'Lori Ford'" <Lori@gumtreela.com>, "Tom Bakaly" <tbakaly@hermosabch.org>, "Ken Robertson" <krobertson@hermosabch.org> Cc: "Michael DiVirgilio - External" <mdivir@gmail.com>, "Carolyn Petty" <cpetty@hermosabch.org>, "Hany Fangary" <hfangary@hermosabch.org>, "Peter Tucker - External" <peter@electpetertucker.com>, "'Nanette Barragan'" <nbarraga@hotmail.com> Subject: RE: Plastic Bags and A-Frames Good morning, I would like to thank Lori for writing this email and explaining her thoughts and opinions. I agree with everything she mentions and would like to further express my view on the plastic bag ban. I personally do not use plastic bags in my shop, so that is not an issue. However, I do (also) specifically buy recycled, kraft paper handle bags. I have always offered free gift wrapping at my shop, and the majority of the time it entails using tissue and a branded handle bag. One of the selling points to many of my customers is the fact that they will be able to come in, buy a gift and have it wrapped using a Sol Baby bag. They are not only relieved they don’t have to wrap it themselves, but also enjoy the fact that they are giving a gift from their local shop and WANT the branding. This extra customer service and attention to detail is what sets me apart from Gymboree and other kids chain stores and help me stay competitive. I would never ask my customers for the 10 cents, so now I would be paying even more to give them this service, thus eating into my profits. Will my (legal) alternative be to use one of my recycled kraft boxes now instead to gift wrap every item, which cost me way more money and obviously waste much more paper? That doesn’t seem good for business or the environment. Many of my customers are conscientious people and try and save a bag when they can. I am really just concerned about my gift wrapping service being compromised. As far as the A-frames go, I love the pictures that Lori shared of New York. That’s EXACTLY what I envisioned and hoped for after the big upper pier beautification project and widened sidewalks. That the eclectic, charming flavor of our little Hermosa would be able to be seen from cars driving by to people walking on the streets, like Abbott Kinney in Venice, or even Riviera Village for that matter. I don’t necessarily need an A-frame for my shop, as I have a chalk board on the wall in my entry way, but I think it’s important to create that feeling in town and allow a regulated sign to go outside of a business who wants one. I don’t understand what the hold up is. If there’s ever a chance to put a small sale rack outside though, let me know ;)! Thank you, Gina Rothwell Sol Baby From: Nadine Gmail [mailto:nskyedavis@gmail.com] Sent: Tuesday, August 25, 2015 12:13 PM To: City Council Cc: Ann Yang Subject: Ordinance No. 15-1356 Plastic Bag Ban Dear Council Members and Staff, I am writing to encourage the City Council to adopt Ordinance No. 15-1356, the Plastic Bag Ban. Not only do the plastic bags resemble jellyfish underwater, causing sea turtles and other marine life to ingest them, but they have also been a negative contribution to cattle and to birds who forage through landfills, mistaking the bags as food. I ask that we join Malibu, Santa Monica, Manhattan Beach and 85 other municipalities in California in passing ordinances banning single use plastic bags. Thank you for your time. Nadine Skye-Davis Hermosa Beach, CA ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF HERMOSA BEACH BANNING THE USE OF PLASTIC CARRYOUT BAGS AND IMPOSING A CHARGE FOR RECYCLABLE PAPER BAGS THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 1.10.040 of Title 1, Chapter 1.10 of the Hermosa Beach Municipal Code is amended to add a new paragraph 16 to read: “Chapter 8.68: Plastic Carryout Shopping Bags” SECTION 2. A new Chapter 8.68 is added to Title 8 of the Hermosa Beach Municipal Code to read as follows: Chapter 8.68 Plastic Carryout Shopping Bags 8.68.010 Definitions. The following definitions apply to this Chapter: A. "Affected retail establishment" means any retail establishment located within or doing business within the geographical limits of the City of Hermosa Beach, including vendors at City-sponsored events, City- owned facilities, and events held on City property, but excluding dry cleaners. B. "Food provider" means any person or establishment in the City of Hermosa Beach, that provides prepared food for public consumption on or off its premises and includes, without limitation, any store, shop, sales outlet, restaurant, area within a grocery store where food is prepared for public consumption, delicatessen, or catering truck or vehicle. C. "Customer" means any person purchasing goods from a store. D. "Grocery store" means any retail establishment that sells groceries, fresh, packaged, canned, dry, prepared or frozen food or beverage products and similar items, and includes, without limitation, supermarkets, and convenience stores, including convenience stores at gasoline stations. Page 2 of 7 E. "Operator" means the person in control of, or having the responsibility for, the operation of a store, which may include, but is not limited to, the owner of the store. F. "Person" means any natural person, firm, corporation, partnership, or other organization or group however organized. G. “Pharmacy” means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals. GH. "Postconsumer recycled material" means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. "Postconsumer recycled material" does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process. HI. "Produce bag" or "product bag" means any bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items. IJ. "Recyclable" means material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. "Recycling" does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. JK. "Recyclable paper carryout bag" means a paper bag that meets all of the following requirements: (1) contains no old growth fiber, (2) is one hundred percent (100%) recyclable overall and contains a minimum of forty percent (40%) postconsumer recycled material; (3) is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard 06400; (4) is accepted for recycling in curbside programs in the City (5) has printed on the bag the name of the manufacturer, the location (country) where the bag was manufactured, and the percentage of postconsumer recycled material used; and (6) displays the word "Recyclable" in a highly visible manner on the outside of the bag. KL. "Retail establishment" means any commercial retail facility that sells goods or provides merchandise directly to the ultimate consumer, including, but not limited to, food service providers, grocery stores, pharmacies, liquor stores, "mini-marts," clothing stores, newsstands, retail stores and vendors selling goods or merchandise from a kiosk. Page 3 of 7 LM. "Reusable bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: (1) has a minimum lifetime of 125 uses, which for purposes of this subsection, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet; (2) has a minimum volume of 15 liters; (3) is machine washable or made from a material that can be cleaned and disinfected; (4) does not contain lead, cadmium, or any other toxic material that may pose a threat to public health (a reusable bag manufacturer may demonstrate compliance with this requirement by obtaining a no objection letter from the federal Food and Drug Administration); (5) has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the location (country) where the bag was manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and the percentage of postconsumer recycled material used, if any; (6) bag care and washing instructions; (7) if made of plastic film, be at least 2.25 mils thick, measured according to the American Society of Testing and Materials (ASTM) Standard D6988-13; and (8) complies with Section 260.12 of Part 260 of Title 16 of the Code of Federal Regulations related to recyclable claims if the reusable grocery bag producer makes a claim that the reusable grocery bag is recyclable. MN. "Single-use plastic carryout bag" or "plastic carryout bag" means any bag made predominantly of plastic derived from petroleum, natural gas, or a biologically-based source, such as corn or other plant sources, which is provided to a customer at the point of sale. "Plastic single -use carryout bag" includes compostable and biodegradable bags but does not include: (1) a bag provided to a customer to hold prescription medication dispensed from a pharmacy; (2) a nonhandled produce bag used to protect a purchased item from damaging or contaminating other purchased items when placed in a single-use carryout bag, recycled paper bag or reusable grocery bag; (3) a bag provided to contain an unwrapped food item; or (4) a nonhandled bag that is designed to be placed over articles of clothing on a hanger. 8.68.020 Plastic single-use carryout bags prohibited. No affected retail establishment shall provide plastic single-use carryout bags to customers for the purpose of carrying away goods from the point of sale. Nothing in this Chapter prohibits customers from using bags of any type that they bring to the store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store. 8.68.030 Permitted bags. A. Affected retail establishments may provide or make available to a customer recyclable paper carryout bags for the purpose of carrying away goods or other materials from the point of sale, subject to the Page 4 of 7 terms of this Chapter. Non-recyclable paper carryout bags shall not be provided to customers unless they meet the definition of reusable bag. B. Affected retail establishments Grocery stores, pharmacies, and any affected retail establishment that (1) has gross annual sales of at least two million dollars ($2,000,000) or (2) has at least 10,000 square feet of retail space that generates sales or use tax shall make reusable bags available to customers either for sale or at no charge. C. Affected retail establishments may make available plastic produce bags f or the purpose of preventing food items from coming into direct contact with other purchased items. D. Each affected retail establishment is encouraged to educate its staff to promote reusable bags and to post signs encouraging customers to use reusable bags, and may provide incentives to customers to encourage use of reusable bags. 8.68.040 Regulation of recyclable paper carryout bags. Unless an exemption set forth in Section 8.68.050 applies: A. Any affected retail establishment that provides a recyclable paper carryout bag to a customer shall charge the customer ten (10) cents ($0.10) for each bag provided, except as provided in Section 8.68.050. B. No affected retail establishment shall rebate or otherwise reimburse a customer any portion of the 10 cent ($0.10) charge required in Subsection A. C. All affected retail establishments shall indicate on the customer receipt the number of recyclable paper carryout bags provided and the total amount charged for the bags. D. All monies collected by a retail establishment under this Chapter shall be retained by the store and shall be used only for the following purposes: (1) costs associated with complying with the requirements of this Chapter, (2) actual costs of providing recyclable paper carryout bags, or (3) costs associated with a store's educational materials or education campaign encouraging the use of reusable bags, if any. 8.68.050 Exemptions from mandatory reusable and recyclable bag charge customers. A. All affected retail establishments must provide at the point of sale, free of charge, either reusable bags or recyclable paper carryout bags, or both, at the store's option, to any customer participating in either the California Special Supplemental Food program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the Page 5 of 7 Welfare and Institutions Code. B. No food provider shall be required to charge its customers for a bag provided for a customer's leftover food from sit-down restaurant dining. C. No affected retail establishment shall be required to charge its customers for paper product bags used to cover unwrapped food, such as baked goods, or used to hold prescription medication dispensed from a pharmacy. D. Any affected retail establishment that is not a grocery store or pharmacy and meets the following requirements is not required to charge customers for recyclable paper carryout bags, but may voluntarily do so in accordance with Section 8.68.040: (1) has gross annual sales of less than two million dollars ($2,000,000) or (2) has less than 10,000 square feet of retail space that generates sales or use tax. 8.68.060 Enforcement and violation - penalties. A. The City Manager, or his or her designee, shall enforce the provisions of this Chapter. Nothing in this Chapter shall be construed to create a private cause of action. The City Manager or his/her designee, shall be authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with this Chapter, including, but not limited to, inspecting any retail establishment's premises to verify compliance. B. If the City Manager, or his/her designee, determines that a violation of this Chapter has occurred, he/she will issue a written warning notice to the operator of a store that a violation has occurred and the potential penalties that will apply for future violations. C. Any person that violates or fails to comply with any of the requirements of this Chapter after a written warning notice has been issued for that violation shall be subject to the Administrative Citation procedures in Chapter 1.10. D. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this Chapter. E. Each violation of this Chapter shall be considered a separate offense. F. The remedies and penalties provided in this section are cumulative and not exclusive, and nothing in this Chapter shall preclude any person from pursuing any other remedies provided by law. 8.68.070 No conflict with federal or state law. Nothing in this ordinance is intended to create any requirement, power or Page 6 of 7 duty that is in conflict with any federal or state law. 8.68.080 Operative date. A. This Ordinance shall become operative as to affected retail establishments that meet the definition of a "supermarket" as found in the California Public Resources Code, Section 14526.5 and affected retail establishments of at least 10,000 square feet, six (6) months after its effective date, unless the establishment provides documentation satisfactory to the City Manager or his or her designee showing that it entered into an agreement for the purchase of plastic carryout bags within the year prior to the effective date of this Ordinance. The City Manager or his or her designee may exempt such establishments from the provisions of this Ordinance for an additional six (6) months. This Ordinance shall become operative as to all remaining affected retail establishments, including establishments smaller than 10,000 square feet, twelve (12) months after its effective date. B. The City Manager, or his or her designee, may exempt an affected retail establishment from the requirements of this chapter for a period of up to one additional year after the operative date of this ordinance, upon sufficient showing by the applicant that the provisions of this Ordinance would cause undue economic hardship. A request for an economic hardship exemption must be submitted in writing to the City along with supporting documentation within 60 days of the effective date of this Ordinance. SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining portions of this Ordinance, or its application to any other persons or circumstance. SECTION 4. This Ordinance is effective thirty days following adoption. SECTION 5. This Ordinance is categorically exempt from the California Environmental Quality Act pursuant to California Code of Regulations sections 15307 and 15308 describing projects that protect natural resources or protect the environment. SECTION 6. The City Clerk shall certify to the adoption of this Ordinance. PASSED, APPROVED AND ADOPTED this ___ day of __________, 2015. ____________________ Page 7 of 7 MAYOR ATTEST: ___________________ City Clerk From: Jeffrey Davis [mailto:davis.jeffrey77@gmail.com] Sent: Tuesday, August 25, 2015 4:45 PM To: City Council Cc: Ann Yang Subject: Single Use Bag Ban Dear Council Members: As it is becoming unlikely that I will make tonight's meeting, I am writing to you in support of Ordinance No. 15-1356, as written. I believe now is the time to act on this important ordinance, which is closely aligned with State Law, likely to soon take effect. I believe that it is important for us to take a leadership position as a community and make the choice to enact the ban now. Thank you for your time. Jeffrey Davis 8th Street Hermosa Beach From: Dana McFarland [mailto:danamcfarland79@gmail.com] Sent: Tuesday, August 25, 2015 12:48 PM To: Carolyn Petty; Hany Fangary; Michael DiVirgilio; Peter Tucker Cc: Nanette Barragan; Elaine Doerfling Subject: Plastic Bag Surcharge Dear Hermosa Beach City Council members, My name is Dana McFarland and my wife and I own Wright’s and The Beehive in downtown Manhattan Beach. We have been in business since 1988. We have had a plastic bag ban in our town for awhile now, but we are not required to charge our customers for the bags. Our customers at Wright’s and The Beehive would definitely be upset if we charged them for bags. They would think that we couldn’t afford to waive the charge and thus were “ nickel” and “ dime- ing” them. If a business wants to charge a fee for a bag, they should be able to do so, but government should never force a business to charge extra fees. I am personally on the Business Improvement District Board and am part of the Downtown Merchants Association. We have a very good relationship with our Manhattan Beach City Council. I’m sure that if we complained about such a forced bag charge in Manhattan Beach they would understand and not require us to have such a charge. The bottom line is that government should let small businesses do what they do best and not force a wedge between them and their customers. Please vote to do away with the bag surcharge. Thank you, Dana McFarland Wright’s 232 Manhattan Beach Blvd. The Beehive 451 Manhattan Beach Blvd. Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0640 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 AMEND THE MUNICIPAL CODE BY ADDING CHAPTER 5.76 (TOBACCO RETAILERS) REQUIRING LICENSURE OF TOBACCO RETAILERS TO REDUCE THE ILLEGAL SALE OF TOBACCO PRODUCTS TO MINORS, AMENDING CHAPTER 8.40 TO EXPAND THE DEFINITION OF TOBACCO PRODUCTS TO INCLUDE ELECTRONIC CIGARETTES AND FLAVORED TOBACCO, AND MAKING VIOLATIONS OF CHAPTER 5.76 SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES (Continued from the April 21, 2015 meeting) (Community Development Director Ken Robertson) Recommended Action: To Introduce the attached ordinance to add Chapter 5.76 (Tobacco Retailers) and amend Chapter 8.40 . Background: At the meeting of September 23, 2014, Council directed staff to obtain input from stakeholders and then return with a proposal for Council consideration. This proposal focuses on the definition of what is considered “smoking” and to address sales to minor from tobacco retailers. The proposal was mailed to tobacco/e-cigarette retailers in Hermosa Beach for review and input on concerns or ways to improve the proposal, and no response was received. The proposal incorporates input received from the LA County health department. Tobacco Controls in the State of California Approximately 480,000 people die in the United States from tobacco-related diseases every year, making tobacco use the nation’s leading cause of preventable death.1 5.6 million of today’s Americans who are younger than 18 are projected to die prematurely from a smoking-related illness.2 The California Legislature has recognized the danger of tobacco use and has made reducing youth access to tobacco products a high priority. State law prohibits the sale or furnishing of cigarettes, tobacco products, and tobacco paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (Cal. Pen. Code § 308). Despite efforts to limit youth access to tobacco, minors are still able to access cigarettes, as evidenced by the fact that: ·In California, 36.8 percent of high school students have smoked a whole cigarette by 14 years 3 Hermosa Beach Printed on 8/20/2015Page 1 of 4 powered by Legistar™ Staff Report REPORT 15-0640 of age;3 ·In California, 64 percent of adult smokers started by the age of 18;4 ·Among middle school students who were current cigarette users in 2004, 70.6 percent were not asked to show proof of age when they purchased or attempted to purchase cigarettes from a store, and 66.4 percent were not refused purchase because of their age;5 ·In 2002, youth smoked approximately 540 million packs of cigarettes, generating nearly $1.2 billion in tobacco industry revenue6; California retailers continue to sell tobacco to underage consumers: 7.6 percent of all tobacco retailers were witnessed unlawfully selling to minors in 2013.7 Research demonstrates that local tobacco retail ordinances dramatically reduce youth access to tobacco products. A review of 33 California communities with strong tobacco retailer licensing ordinances shows that the youth sales rate declined in 31 of these communities after the ordinances were enacted, with an average decrease of 26 percent in the youth sales rate.8 Tobacco Retailing in the City of Hermosa Beach Tobacco retailing in the City of Hermosa Beach broadly reflects that of the wider State of California. While the City of Hermosa Beach has enacted rules prohibiting smoking in many public places, the City was given a grade “D” in the American Lung Association “State of Tobacco Control 2014” report card on efforts to combat the harmful effects of tobacco use in the City. Los Angeles County Public Health Department reports that although the California legislature has enacted laws that forbid the sale of tobacco products to minors, they have drawbacks from a local enforcement perspective, and as a result retailers continue to sell to youth. Several retailers in Hermosa Beach were cited for selling to minors in 2014. On September 23, 2014 City staff, the Beach Cities Health District, and Los Angeles County Public Health Department presented the idea of a tobacco retailer license ordinance to Council.9 Over 100 communities throughout California have passed tobacco retailer licenses including Lawndale, Long Beach and Gardena, and Manhattan Beach is also currently considering a tobacco retailer license. The City Council considers that the failure of tobacco retailers to comply with all tobacco control laws, particularly laws prohibiting the sale of tobacco products to minors, presents an imminent threat to the public health, safety, and welfare of the residents of the City. Analysis: The proposed ordinance would do the following: 1.Extend the definition of ‘smoking’ in Chapter 8.40 of the City’s Code, which prohibits smoking in many public places, to include electronic cigarettes and flavored tobacco products. 2.Add Chapter 5.76 ‘Tobacco Retailers’ to the Business License section of the City’s Code. It would require retailers to obtain a license, similar to a business license, in order to sell tobacco/e-cigarette products to consumers. The license would need to be renewed annually, Hermosa Beach Printed on 8/20/2015Page 2 of 4 powered by Legistar™ Staff Report REPORT 15-0640 and an annual license fee would be levied to assist in funding enforcement. The fee amount has not been established at this time, staff plans to bring a fee resolution when the ordinance is adopted. 3.An application would be filed with the City’s Finance Department. There is a list of application requirements in Section 5.76.060 and approval requirements are found in Section 5.76.070. Grounds for denial include that the applicant has violated any provision of the Chapter or any state law related to the sale of cigarettes and/or tobacco to minors. 4.Section 5.76.110 outlines the Tobacco Retailer’s responsibilities, including prohibitions on issuing licenses to restaurants and bars, premises where smoking is permitted onsite and for locations near to schools and childcare facilities and limitations on the size of signage displays. 5.The draft would make retailers accountable through fines, penalties, and license suspension or revocation if caught selling tobacco to minors. Violations would be subject to the City’s Administrative Citations and Penalties (Chapter 1.10). The Chief of Police or other individual designated by the City Manager would be responsible for compliance monitoring (Section 5.76.120). In addition, the license may be revoked or suspended if any law pertaining to sale of cigarettes or tobacco to minors is violated (Section 5.76.130(B)). 6.The draft ordinance would coordinate tobacco regulations so that violation of any existing local, state or federal tobacco laws would constitute a violation of the local law, helping to reduce this imminent threat to the public health, safety, and welfare of the residents of the City of Hermosa Beach. If the ordinance is introduced, staff will return with a resolution at the second reading of the ordinance on September 24 to establish the fee for the license. 1 U.S. Department of Health and Human Services. 2014.The Health Consequences of Smoking - 50 Years of Progress. A Report of the Surgeon General,www.surgeongeneral.gov/library/reports/50-years-of-progress/full-report.pdf 2 U.S. Department of Health and Human Services. 2014.The Health Consequences of Smoking - 50 Years of Progress. A Report of the Surgeon General, www.surgeongeneral.gov/library/reports/50-years-of-progress/full-report.pdf 3 Chapman, R. 2012.State Health Officer’s Report on Tobacco Use and Promotion in California.California Department of Public Health, California Tobacco Control Program, p. 5, www.cdph.ca.gov/Documents/EMBARGOED%20State%20Health%20Officers%20Report%20on%20Tobacco.pdf <http://www.cdph.ca.gov/Documents/EMBARGOED%20State%20Health%20Officers%20Report%20on%20Tobacco.pdf>4 Chapman, R. 2012.State Health Officer’s Report on Tobacco Use and Promotion in California.California Department of Public Health, California Tobacco Control Program, p. 6, www.cdph.ca.gov/Documents/EMBARGOED%20State%20Health%20Officers%20Report%20on%20Tobacco.pdf <http://www.cdph.ca.gov/Documents/EMBARGOED%20State%20Health%20Officers%20Report%20on%20Tobacco.pdf>5 U.S. Department of Health and Human Services, Centers for Disease Control and Prevention. 2005.Morbidity and Mortality Weekly Report: Tobacco Use, Access & Exposure to Tobacco Among Middle & High School Students, U.S., 2004. 54(12): 297-301, www.cdc.gov/mmwr/preview/mmwrhtml/mm5412a1.htm <http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5412a1.htm>6 Healton C, Farrelly MC, Weitzenkamp D, et al. 2006. “Youth Smoking Prevention and Tobacco Industry Revenue.” Hermosa Beach Printed on 8/20/2015Page 3 of 4 powered by Legistar™ Staff Report REPORT 15-0640 Tobacco Control 15: 103-106, 2006. 7 California Department of Public Health, Tobacco Control Program. 2013.Youth Tobacco Purchase Survey, p. 1 ,www.cdph.ca.gov/programs/tobacco/Documents/News_and_Alerts/YTPS_Charts_2013.pdf 8 American Lung Association in California, Center for Tobacco Policy & Organizing. 2013.Tobacco Retail Licensing is Effective,http://center4tobaccopolicy.org/wp-content/uploads/2013/09/Tobacco-Retailer-Licensing-is-Effective-September-2013.pdf 9 The Staff Report and Council may be reviewed online at: <http://hermosabeach.granicus.com/MetaViewer.php?view_id=6&clip_id=3305&meta_id=161366> Council deliberation is provided here: <http://hermosabeach.granicus.com/MediaPlayer.php?view_id=6&clip_id=3305&meta_id=161365> Attachment: Proposed Ordinance. Respectfully Submitted by: Ken Robertson, Community Development Director Concur: Sharon Papa, Police Chief Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 8/20/2015Page 4 of 4 powered by Legistar™ ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF HERMOSA BEACH ADDING CHAPTER 5.76 TO THE HERMOSA BEACH MUNICIPAL CODE (TOBACCO RETAILERS) REQUIRING LICENSURE OF TOBACCO RETAILERS TO REDUCE THE ILLEGAL SALE OF TOBACCO TO MINORS, AMENDING SECTION 8.40.010 TO EXPAND THE DEFINITION OF SMOKING TO INCLUDE ELECTRONIC CIGARETTES, AND AMENDING SECTION 1.10.040 TO MAKE VIOLATIONS OF CHAPTER 5.76 SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES The City Council of the City of Hermosa Beach does hereby ordain as follows: Section 1. A new Chapter 5.76, entitled “Tobacco Retailers” and containing Sections 5.76.010 through 5.76.170, is added to Title 5 of the Hermosa Beach Municipal Code (the “Code”) to read as follows: Chapter 5.76 TOBACCO RETAILERS Sections: 5.76.010 Title 5.76.020 Purpose 5.76.030 Definitions 5.76.040 Tobacco retailer license required 5.76.050 Limits on eligibility and location 5.76.060 License application procedure 5.76.070 Issuance of tobacco retailer license 5.76.080 Term and renewal 5.76.090 License nontransferable 5.76.100 License conveys a limited, conditional privilege 5.76.110 Operating requirements and prohibitions 5.76.120 Compliance monitoring and enforcement 5.76.130 Violations 5.76.140 Tobacco Retailing Without a Valid License 5.76.150 Agreed Penalty in Lieu of Hearing 5.76.160 New license after revocation 5.76.170 Implementing rules and regulations 5.76.010 Title. This Chapter shall be known as the “Tobacco Retailer Ordinance” of the City of Hermosa Beach. Ordinance No. ___ Page 2 of 16 ________________ 5.76.020 Purpose. In enacting this Chapter, it is the intent of the City Council to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those involving the sale or distribution of tobacco and nicotine products to minors. There is no intent, however, to expand or reduce the degree to which the acts regulated by Federal or State law are criminally proscribed or to alter the penalties provided therein. 5.76.030 Definitions. The following words and phrases, whenever used in this Chapter, shall have the meanings defined in this section unless the context clearly requires otherwise: “Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this Chapter is not an arm’s length transaction. “Characterizing Flavor” means a Distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted by a Tobacco Product or any byproduct produced by the Tobacco Product, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. “Cigar” means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than three pounds per thousand. “Consumer” means a person who purchases a Tobacco Product for consumption and not for Sale to another. “Electronic Smoking Device” means an electronic device, which can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. “Electronic Smoking Device” includes any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. “Flavored Tobacco Product” means any Tobacco Product, other than cigarettes as defined by federal law, that contains a Constituent that imparts a Characterizing Flavor. “Little Cigar” means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three Ordinance No. ___ Page 3 of 16 ________________ pounds per thousand. “Little Cigar” includes, but is not limited to, any tobacco product known or labeled as “small cigar” or “little cigar.” “Package” or “Packaging” means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a Tobacco Product is sold or offered for Sale to a Consumer. “Person” means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character. “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business. “Sale” or “Sell” means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever. “Self-service display” means the open display or storage of tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or retailer’s agent or employee. A vending machine is a form of self-service display. “Smoking” means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device, or any plant product intended for human inhalation. “Tobacco Paraphernalia” means any item designed for the consumption, use, or preparation of Tobacco Products. “Tobacco Product” means: (1) Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus; and (2) Any Electronic Smoking Device, with or without nicotine. (3) Any Flavored Tobacco Product, with or without nicotine (4) Notwithstanding any provision of subsections (1), (2) and (3) to the contrary, “tobacco product” includes any component, part, or accessory of a tobacco product, whether or not sold separately. “Tobacco product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. Ordinance No. ___ Page 4 of 16 ________________ “Tobacco Retailer” means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products or Tobacco Paraphernalia. “Tobacco Retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. 5.76.040 Tobacco retailer license required. It shall be unlawful and a misdemeanor for any person to engage in tobacco retailing in the City without first obtaining and maintaining a valid tobacco retailer license pursuant to the provisions of this Chapter for each location at which that activity is to occur. 5.76.050 Limits on eligibility and location. A. No license may be issued under this Chapter to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited. B. No license may be issued under this Chapter to authorize tobacco retailing at a temporary or recurring temporary event. For example, tobacco retailing at farmers’ markets or special events or from mobile carts is prohibited. C. No license may be issued under this Chapter to authorize tobacco retailing at any location that violates any provision of the Hermosa Beach zoning ordinance. D. Pharmacies. No license may be issued to authorize Tobacco Retailing in a Pharmacy. For the purposes of this subsection, “Pharmacy” means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals. E. Schools and Youth-Populated Areas. Tobacco Retailing is prohibited near schools and areas with youth populations as follows: (1) Except as provided in subsection (2), no new license may issue, and no existing license may be renewed, to authorize Tobacco Retailing within 500 feet of a Youth-Populated Area as measured by a straight line from the nearest point of the property line of the parcel on which the Youth-Populated Area is located to the nearest point of the property line of the parcel on which the applicant’s business is located. For the purposes of this subsection, a “Youth-Populated Area” means a parcel in the City that is occupied by: Ordinance No. ___ Page 5 of 16 ________________ (i)a private or public kindergarten, elementary, middle, junior high, or high school; (ii)a library open to the public; (iii)a playground open to the public; (iv)a youth center, defined as a facility where children, ages 6 to 17, inclusive, come together for programs and activities; (v)a licensed child-care facility or preschool as defined in California Health & Safety Code § 1596.78; (2) A Tobacco Retailer operating lawfully on the effective date of this ordinance that is ineligible to receive or renew a Tobacco Retailer’s license for a location pursuant to subsection (1), and any Tobacco Retailer operating lawfully that becomes ineligible to receive or renew a Tobacco Retailer’s license due to the creation of a new Youth-Populated Area, may apply for and receive a one-time, non-renewable license for the location pursuant to the standard licensing application procedure. F. Proximity to Other Tobacco Retailers. No license may issue to authorize Tobacco Retailing within 500 feet of a Tobacco Retailer location already licensed pursuant to this Chapter as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing licensee’s business is located. G. Bars and Restaurants. No license may issue to authorize Tobacco Retailing at any location that is (i) licensed under state law to serve alcoholic beverages for consumption on the premises (e.g., an “on-sale” license issued by the California Department of Alcoholic Beverage Control); or (ii) offering food for sale for consumption on the premises. For example, and without limitation, Tobacco Retailing is prohibited in bars and restaurants. H. Smoking on Premises. No license may issue to authorize Tobacco Retailing at any location where Smoking is permitted inside the premises or in any adjacent outdoor area owned, leased, or operated by the Person to be licensed. In addition, no license may issue to authorize Tobacco Retailing at any location where Smoking is permitted within twenty-five (25) feet of any doorway, window, opening, or other vent into the licensed premises. I. Notwithstanding the forgoing, a Tobacco Retailer operating lawfully on the effective date of this ordinance that otherwise would be eligible for a Tobacco Retailer license for the location for which a license is sought may receive or renew a license for that location so long as: (i) the license is timely obtained and is renewed without lapse or permanent revocation (as opposed to temporary suspension); (ii) the Tobacco Retailer is not closed for business or otherwise suspends Tobacco Retailing for more than sixty (60) consecutive days; (iii) the Tobacco Retailer does not substantially change the business premises or business operation; and (iv) the Tobacco Retailer Ordinance No. ___ Page 6 of 16 ________________ retains the right to operate under other applicable laws, including without limitation the zoning ordinance, building codes and business license tax ordinance. 5.76.060 License application procedure. A. Any person seeking a license pursuant to this Chapter shall submit a completed application, on a City-approved form, to the Finance Department. B. The application for a license under this Chapter shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales for each location at which retail tobacco sales are being proposed and shall be signed by each proprietor or an authorized agent thereof. C. Said application shall contain the following information: 1. The name, address, and telephone number of each proprietor of the business seeking a license. 2. The business name, address, and telephone number of the single, fixed location for which a license is sought. 3. A single name and mailing address of an agent authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this Chapter. If an authorized agent is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph 2 above. 4. Proof that the location for which a tobacco retailer license is sought has been issued a valid state tobacco retailer’s license by the California Board of Equalization, if required for the business. 5. Whether any proprietor or any agent of the proprietor was previously issued a license pursuant to this Chapter which was at any time suspended or revoked, and, if so, the dates of the suspension period or the date of the revocation. 6. Whether any proprietor or any agent of the proprietor has admitted violating or has been determined to have violated any provision of this Chapter or any State or Federal tobacco-related law, and, if so, the dates of all such violations within the preceding five (5) years. 7. Such other information as the Finance Department deems necessary for the administration or enforcement of this Chapter as specified on the application form required by this Chapter. Ordinance No. ___ Page 7 of 16 ________________ D. The City Council may establish by resolution the amount of an application fee for the tobacco retailer license in an amount not to exceed the City’s reasonable cost of providing the services required by this Chapter, in which case the City shall accept no application unless accompanied by payment of such fee. E. An applicant or agent thereof shall inform the Finance Department in writing of any change in the information submitted on an application for a tobacco retailer registration within ten (10) business days of a change. F. All information specified in an application pursuant to this section that is subject to disclosure under the California Public Records Act (California Government Code section 6250, et seq.) or any other applicable law will be disclosed, except where exempt under the applicable law. 5.76.070 Issuance of tobacco retailer license. A. Upon the receipt of a completed application for a tobacco retailer license and the corresponding application fee, if any, the Finance Department shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exists: 1. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this Chapter. 2. The application seeks authorization for tobacco retailing at a location prohibited by Section 5.76.050 of this Chapter. 3. The applicant has had a license issued pursuant to this Chapter revoked within the preceding twelve (12) months. 4. The application seeks authorization for tobacco retailing that is otherwise prohibited pursuant to this Chapter, that is unlawful pursuant to this Code (including without limitation the Hermosa Beach zoning ordinance and business license regulations), or that is unlawful pursuant to any other law. 5. The applicant has violated any provision of this Chapter or any state law related to the sale of tobacco. 6. The applicant is indebted to the City for any unpaid fee or fine. B. Any applicant aggrieved by a decision denying a license pursuant to this Chapter may contest the decision in the same manner as the challenge of an administrative citation pursuant to the provisions of Section 1.10.090 of this Code. Ordinance No. ___ Page 8 of 16 ________________ 5.76.080 Term and renewal. A. A tobacco retailer license issued pursuant to this Chapter shall be valid for one (1) year after the date of issuance, unless it is revoked earlier in accordance with the provisions of this Chapter. The expiration date of each tobacco retailer license shall be shown on the license itself and each tobacco retailer license shall expire at midnight on the expiration date. B. Each tobacco retailer who seeks to renew a license issued pursuant to this Chapter shall submit a renewal application on a City-approved form and tender any applicable fees to the Finance Department no later than thirty (30) calendar days prior to the expiration of the license. Any license issued pursuant to this Chapter that is not timely renewed shall expire and become null and void at the end of its term. C. An application to renew a license issued pursuant to this Chapter may be denied by the Finance Department upon the grounds set forth in Section 5.76.070 of this Chapter. 5.76.090 License nontransferable. A. No person shall operate under a name, or conduct business under a designation not specified on the license. B. A license issued pursuant to this Chapter may not be transferred from one person to another or from one location to another. A change in proprietor, business name, or location, or a change in any other information from that which is shown on the license application shall render the license null and void, and shall require a new license to be obtained in accordance with the provisions of this Chapter. 5.76.100 License conveys a limited, conditional privilege. Nothing in this Chapter shall be construed to grant any tobacco retailer obtaining and maintaining a license under this Chapter any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the City identified on the face of the tobacco retail license. Nothing in this Chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this Code, or any condition or limitation on smoking in an enclosed place of employment pursuant to state law. 5.76.110 Operating requirements. Ordinance No. ___ Page 9 of 16 ________________ The following operating requirements shall be deemed conditions of any tobacco retailer license issued pursuant to the provisions of this Chapter, and failure to comply with any such requirement shall be grounds for suspension, revocation, and/or the imposition of administrative fines in accordance with Section 5.76.130 of this Chapter. The provisions of this Chapter are intended to provide a minimum level of public health, safety and welfare protection at businesses engaging in tobacco retailing. Nothing in this Chapter is intended nor shall prevent the City from imposing more stringent, site- specific operating requirements and conditions through other applicable permitting and approval processes, including, without limitation, environmental or land use approvals or permits. In the event of a conflict between an operating regulation set forth in this Chapter and a requirement or condition contained in any other applicable permit or approval, the more stringent or restrictive requirement or condition shall apply. A. Knowledge of applicable laws. It is the responsibility of each proprietor to be informed of the laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer license. No person may rely on the issuance of a license as a determination by the City that the proprietor has complied with all laws applicable to tobacco retailing. A license issued contrary to this Chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 5.76.130 of this Chapter. Nothing in this Chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer license any status or right to act as a tobacco retailer in contravention of any provision of law. B. Lawful business operation. In the course of tobacco retailing or in the operation of the business or maintenance of the premises for which a license is issued pursuant to this Chapter, it shall be a violation of this Chapter for any tobacco retailer to violate any Federal, State, or local law applicable to tobacco products, tobacco paraphernalia or tobacco retailing. C. Posting of license. Each license issued pursuant to this Chapter shall be prominently displayed in a publicly visible location at the permitted location. D. Retail sales to persons under eighteen prohibited. No person engaged in tobacco retailing shall sell or offer to sell, give or offer to give, or transfer or offer to transfer any electronic tobacco product to any person who is under the legal age under state law to purchase and possess tobacco products. E. Positive identification required. No tobacco retailer shall sell or transfer a tobacco product to any person who appears to be under the age of thirty (30) years old without first examining the identification of that person to confirm that person is at least the minimum age under state law to purchase and possess the product. The tobacco retailer or agent thereof shall refuse the sale or transfer of any tobacco product to any person who appears to be under the age of thirty (30) years old, who fails to present valid, legal photo identification prior to the sale or transfer. Ordinance No. ___ Page 10 of 16 ________________ F. Minimum age for persons selling tobacco. No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in tobacco retailing. G. Self-service displays prohibited. Tobacco retailing by means of a self-service display is prohibited. H. Signage. 1.In the course of Tobacco Retailing or in the operation of a business or maintenance of a location for which a license issued, it shall be a violation of this Chapter for a licensee, or any of the licensee’s agents or employees, to cover more than 15 percent of the area of each window and clear door of the location with signs of any sort, excluding signage mandated by local, state or federal law. For the purposes of this subsection, the area covered shall be computed to include (i) all clear areas within signs; and (ii) signs that are not attached to windows or clear doors but are visible from exterior public rights of way in the same manner as if they were attached to windows or clear doors. 2. All signs shall be placed and maintained to ensure law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from exterior public rights of way or from the entrance. However, this subsection shall not apply to premises where there are no windows, or where the design or location of windows or landscaping precludes a view of the interior of the premises from exterior public rights of way or from the entrance. I. Packaging and Labeling. No Tobacco Retailer shall Sell any Tobacco Product to any Consumer unless such product: (1) is sold in the original manufacturer’s Packaging intended for Sale to Consumers; and (2) conforms to all applicable federal labeling requirements. J. Minimum Package Size for Little Cigars and Cigars. No Tobacco Retailer shall Sell to a Consumer: 1.Any Little Cigar unless it is sold in a Package of at least twenty Little Cigars. 2.Any Cigar unless it is sold in a Package of at least twenty (20) Cigars; provided, however, that this subsection shall not apply to a Cigar that has a price of at least $15.00 per Cigar, including all applicable taxes and fees. 3. Compliance with State-mandated sign requirements. Tobacco retailers shall post and maintain all signage required by the California Labor Code, California Business & Professions Code, California Penal Code, and any other applicable Federal, State, or local law. Ordinance No. ___ Page 11 of 16 ________________ 4. False and misleading advertising prohibited. A tobacco retailer who does not have a valid license pursuant to this Chapter or whose license has been suspended or revoked shall not display any item or advertisement relating to tobacco products that promotes the sale or distribution of such products from the premises or that could lead a reasonable consumer to believe that tobacco products can be obtained at that location. Such display or advertisement in violation of this provision shall constitute tobacco retailing without a valid license. 5.76.120 Compliance monitoring and enforcement. A. Compliance checks shall be conducted so as to allow the Chief of Police to determine, at a minimum, if a tobacco retailer is complying with laws regulating youth access to tobacco. The Chief of Police may also conduct compliance checks to determine compliance with other laws applicable to tobacco retailing. B. The Chief of Police shall inspect each Tobacco Retailer at least two (2) times per twelve (12) month period. Nothing in this paragraph shall create a right of action in any licensee or other Person against the City or its agents. C. The Chief of Police shall have the right to enter, free of charge or restriction, at any time, any place of business for which a license is required by this Chapter, and to demand the exhibition of such license for the current term by any person engaged or employed in the transaction of such business. D. The Hermosa Beach Police Department and/or the Department (or designee thereof) may promulgate and adopt policies, procedures and/or guidelines for the participation of persons under the minimum legal age for tobacco purchases in compliance checks pursuant to this Chapter (“Youth Decoys”). E. The City shall not enforce any law establishing a minimum age for tobacco purchases or possession against a Youth Decoy if the potential violation occurs when: 1. The Youth Decoy is participating in a compliance check supervised by the Chief of Police or other enforcement agency; 2. The Youth Decoy is acting as an agent of the Chief of Police or other enforcement agency. 5.76.130 Violations. A. Administrative fine. In addition to any other penalty authorized by law, violations of this Chapter are subject to the administrative citations and penalties provisions in Title 1, Chapter 1.10 of this Code. Ordinance No. ___ Page 12 of 16 ________________ B. Suspension or revocation. 1. In addition to any other penalty authorized by law, a Tobacco Retailer’s license shall be suspended or revoked if any court of competent jurisdiction determines, or the City finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, if it is determined that any of the following has occurred: a. The licensee or his/her agent or employee has violated any provision of this Chapter; b. The licensee or his/her agent or employee has continued to operate as a tobacco retailer after a license issued pursuant to this Chapter has been suspended; or c. The licensee or his/her agent or employee has failed to timely renew a license issued pursuant to this Chapter subject to the requirements of Section 5.76.080. 2. Upon a finding by the City of: a. A first violation of this Chapter at a location within any sixty-month (60) period, the license shall be suspended for thirty (30) days. b. A second violation of this Chapter at a location within any sixty-month (60) period, the license shall be suspended for ninety (90) days. c. A third violation of this Chapter at a location within any sixty-month (60) period, the license shall be suspended for one (1) year. d. Four or more violations of this Chapter at a location within any sixty- month (60) period, the license shall be revoked. 3. Notwithstanding the foregoing, a license may be revoked if it is determined that one or more grounds for denial of a license under Section 5.76.070 of this Chapter existed at the time the application was made or at any time before the license was issued. No administrative fine shall accompany a revocation of a wrongly issued license. 4. Any applicant aggrieved by a decision revoking or suspending a license pursuant to this Chapter may contest the decision in the same manner as a challenge of an administrative citation, pursuant to the provisions of Section 1.10.090 of this Code. 5.76.140 Tobacco Retailing Without a Valid License Ordinance No. ___ Page 13 of 16 ________________ A. In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the Department finds based on a preponderance of evidence, after notice and an opportunity to be heard, that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer’s license, either directly or through the Person’s agents or employees, the Person shall be ineligible to apply for, or to be issued, a Tobacco Retailer’s license as follows: 1. After a first violation of this section at a location, no new license may be issued for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until thirty (30) days have passed from the date of the violation. 2. After a second violation of this section at a location within any sixty-month (60) period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until ninety (90) days have passed from the date of the violation. 3. After of a third or subsequent violation of this section at a location within any sixty-month (60) period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until five (5) years have passed from the date of the violation. B. Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in violation of this section are subject to seizure by the Chief of Police and shall be forfeited after the Person and any other owner of the Tobacco Products and Tobacco Paraphernalia seized is given reasonable notice and an opportunity to demonstrate that the Tobacco Products and Tobacco Paraphernalia were not offered for sale or exchange in violation of this Chapter. The decision by the Chief of Police may be appealed pursuant to the procedures set forth in Section 5.76.135 C. Forfeited Tobacco Products and Tobacco Paraphernalia shall be destroyed after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final. C. Any applicant aggrieved by a decision revoking or suspending a license pursuant to this Chapter may contest the decision in the same manner as a challenge of an administrative citation, pursuant to the provisions of Section 1.10.090 of this Code. 5.76.150 Agreed Penalty in Lieu of Hearing A. For a first or second alleged violation of this Chapter within any sixty-month (60) period, the Chief of Police may allow a Tobacco Retailer alleged to have violated this Chapter to agree to the penalties provided in this section in lieu of the penalties that Ordinance No. ___ Page 14 of 16 ________________ would otherwise apply under this Chapter and to forego a hearing on the allegations. Notice of any agreement shall be provided to the Chief of Police and no hearing shall be held. Agreements shall not be confidential and shall contain the following terms as well as any other non-criminal provisions established by the City Manager in the interests of justice: 1. After a first alleged violation of this Chapter at a location: (a) an agreement to stop acting as a Tobacco Retailer for one (1) day; (b) an administrative penalty of one thousand ($1,000) dollars; and (c) a written admission that the violation occurred and an acknowledgment that the violation will be considered in determining the fine or penalty for any future violation. 2. After a second alleged violation of this Chapter at a location within any sixty- month (60) period: (a) an agreement to stop acting as a Tobacco Retailer for ten (10) days; (b) an administrative penalty of at least five thousand ($5000) dollars; and (c) a written admission that the violation occurred and an acknowledgment that the violation will be considered in determining the fine or penalty for any future violations. 5.76.160 New license after revocation. Notwithstanding any other provision of this Chapter, no tobacco retailer’s license shall be issued to a tobacco retailer (or proprietor thereof) whose license has previously been revoked pursuant to this Chapter for a period of twelve (12) months from the date of the prior revocation, unless ownership of the business at the location has been transferred in an arm’s length transaction. 5.76.170 Implementing rules and regulations. The City Manager is hereby authorized to make and promulgate any rules and regulations necessary to implement the requirements of this Chapter. The rules and regulations shall be in addition to the requirements set forth in this Chapter. In the event of a conflict between a provision set forth in this Chapter and a rule or regulation promulgated by the City Manager pursuant to this section, the more stringent or restrictive requirement or condition shall apply. Ordinance No. ___ Page 15 of 16 ________________ Section 2.Administrative Citations and Penalties. Section 1.10.040 of Chapter 1.10 of Title 1 the HBMC is hereby amended to add subparagraph (A)(20) to read as follows: “20. Chapter 5.76: Tobacco Retailer License” Section 3. Application of Prohibition of Smoking in Public Places to Electronic Cigarettes. Section 8.40.010(J) of Chapter 8.40 of Title 8 of the HBMC shall be amended to read as follows: “Smoking” means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device, or any plant product intended for human inhalation. Section 4.Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Hermosa Beach hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 5. Effective Date. This ordinance shall take effect thirty days after its passage and adoption pursuant to California Government Code section 36937. Section 6.Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City 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 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 _____________ 2015. VOTE:AYES: NOES: ABSTAIN: ABSENT: ______________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California Ordinance No. ___ Page 16 of 16 ________________ ATTEST:APPROVED AS TO FORM: __________________________ City Clerk City Attorney ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF HERMOSA BEACH ADDING CHAPTER 5.76 TO THE HERMOSA BEACH MUNICIPAL CODE (TOBACCO RETAILERS) REQUIRING LICENSURE OF TOBACCO RETAILERS TO REDUCE THE ILLEGAL SALE OF TOBACCO TO MINORS, AMENDING SECTION 8.40.010 TO EXPAND THE DEFINITION OF SMOKING TO INCLUDE ELECTRONIC CIGARETTES, AND AMENDING SECTION 1.10.040 TO MAKE VIOLATIONS OF CHAPTER 5.76 SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES The City Council of the City of Hermosa Beach does hereby ordain as follows: Section 1. A new Chapter 5.76, entitled “Tobacco Retailers” and containing Sections 5.76.010 through 5.76.170, is added to Title 5 of the Hermosa Beach Municipal Code (the “Code”) to read as follows: Chapter 5.76 TOBACCO RETAILERS Sections: 5.76.010 Title 5.76.020 Purpose 5.76.030 Definitions 5.76.040 Tobacco retailer license required 5.76.050 Limits on eligibility and location 5.76.060 License application procedure 5.76.070 Issuance of tobacco retailer license 5.76.080 Term and renewal 5.76.090 License nontransferable 5.76.100 License conveys a limited, conditional privilege 5.76.110 Operating requirements and prohibitions 5.76.120 Compliance monitoring and enforcement 5.76.130 Violations 5.76.140 Tobacco Retailing Without a Valid License 5.76.150 Agreed Penalty in Lieu of Hearing 5.76.160 New license after revocation 5.76.170 Implementing rules and regulations 5.76.010 Title. This Chapter shall be known as the “Tobacco Retailer Ordinance” of the City of Hermosa Beach. Ordinance No. ___ Page 2 of 16 ________________ 5.76.020 Purpose. In enacting this Chapter, it is the intent of the City Council to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those involving the sale or distribution of tobacco and nicotine products to minors. There is no intent, however, to expand or reduce the degree to which the acts regulated by Federal or State law are criminally proscribed or to alter the penalties provided therein. 5.76.030 Definitions. The following words and phrases, whenever used in this Chapter, shall have the meanings defined in this section unless the context clearly requires otherwise: “Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this Chapter is not an arm’s length transaction. “Characterizing Flavor” means a Distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted by a Tobacco Product or any byproduct produced by the Tobacco Product, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. “Cigar” means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than three pounds per thousand. “Consumer” means a person who purchases a Tobacco Product for consumption and not for Sale to another. “Electronic Smoking Device” means an electronic device, which can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. “Electronic Smoking Device” includes any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. “Flavored Tobacco Product” means any Tobacco Product, other than cigarettes as defined by federal law, that contains a Constituent that imparts a Characterizing Flavor. “Little Cigar” means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three Ordinance No. ___ Page 3 of 16 ________________ pounds per thousand. “Little Cigar” includes, but is not limited to, any tobacco product known or labeled as “small cigar” or “little cigar.” “Package” or “Packaging” means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a Tobacco Product is sold or offered for Sale to a Consumer. “Person” means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character. “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business. “Sale” or “Sell” means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever. “Self-service display” means the open display or storage of tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or retailer’s agent or employee. A vending machine is a form of self-service display. “Smoking” means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device, or any plant product intended for human inhalation. “Tobacco Paraphernalia” means any item designed for the consumption, use, or preparation of Tobacco Products. “Tobacco Product” means: (1) Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus; and (2) Any Electronic Smoking Device, with or without nicotine. (3) Any Flavored Tobacco Product, with or without nicotine (4) Notwithstanding any provision of subsections (1), (2) and (3) to the contrary, “tobacco product” includes any component, part, or accessory of a tobacco product, whether or not sold separately. “Tobacco product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. Ordinance No. ___ Page 4 of 16 ________________ “Tobacco Retailer” means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products or Tobacco Paraphernalia. “Tobacco Retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. 5.76.040 Tobacco retailer license required. It shall be unlawful and a misdemeanor for any person to engage in tobacco retailing in the City without first obtaining and maintaining a valid tobacco retailer license pursuant to the provisions of this Chapter for each location at which that activity is to occur. 5.76.050 Limits on eligibility and location. A. No license may be issued under this Chapter to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited. B. No license may be issued under this Chapter to authorize tobacco retailing at a temporary or recurring temporary event. For example, tobacco retailing at farmers’ markets or special events or from mobile carts is prohibited. C. No license may be issued under this Chapter to authorize tobacco retailing at any location that violates any provision of the Hermosa Beach zoning ordinance. D. Pharmacies. No license may be issued to authorize Tobacco Retailing in a Pharmacy. For the purposes of this subsection, “Pharmacy” means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals. E. Schools and Youth-Populated Areas. Tobacco Retailing is prohibited near schools and areas with youth populations as follows: (1) Except as provided in subsection (2), nNo new license may issue, and no existing license may be renewed, to authorize Tobacco Retailing within 500 feet of a Youth-Populated Area as measured by a straight line from the nearest point of the property line of the parcel on which the Youth-Populated Area is located to the nearest point of the property line of the parcel on which the applicant’s business is located. For the purposes of this subsection, a “Youth-Populated Area” means a parcel in the City that is occupied by: Ordinance No. ___ Page 5 of 16 ________________ (i) a private or public kindergarten, elementary, middle, junior high, or high school; (ii) a library open to the public; (iii) a playground open to the public; (iv) a youth center, defined as a facility where children, ages 6 to 17, inclusive, come together for programs and activities; (v) a licensed child-care facility or preschool as defined in California Health & Safety Code § 1596.78; (2) A Tobacco Retailer operating lawfully on the effective date of this ordinance that is ineligible to receive or renew a Tobacco Retailer’s license for a location pursuant to subsection (1), and any Tobacco Retailer operating lawfully that becomes ineligible to receive or renew a Tobacco Retailer’s license due to the creation of a new Youth-Populated Area, may apply for and receive a one-time, non-renewable license for the location pursuant to the standard licensing application procedure. F. Proximity to Other Tobacco Retailers. No license may issue to authorize Tobacco Retailing within 500 feet of a Tobacco Retailer location already licensed pursuant to this Chapter as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing licensee’s business is located. G. Bars and Restaurants. No license may issue to authorize Tobacco Retailing at any location that is (i) licensed under state law to serve alcoholic beverages for consumption on the premises (e.g., an “on-sale” license issued by the California Department of Alcoholic Beverage Control); or (ii) offering food for sale for consumption on the premises. For example, and without limitation, Tobacco Retailing is prohibited in bars and restaurants. H. Smoking on Premises. No license may issue to authorize Tobacco Retailing at any location where Smoking is permitted inside the premises or in any adjacent outdoor area owned, leased, or operated by the Person to be licensed. In addition, no license may issue to authorize Tobacco Retailing at any location where Smoking is permitted within twenty-five (25) feet of any doorway, window, opening, or other vent into the licensed premises. I. Notwithstanding the forgoing, a Tobacco Retailer operating lawfully on the effective date of this ordinance that otherwise would be eligible for a Tobacco Retailer license for the location for which a license is sought may receive or renew a license for that location so long as: (i) the license is timely obtained and is renewed without lapse or permanent revocation (as opposed to temporary suspension); (ii) the Tobacco Retailer is not closed for business or otherwise suspends Tobacco Retailing for more than sixty (60) consecutive days; (iii) the Tobacco Retailer does not substantially change the business premises or business operation; and (iv) the Tobacco Retailer Ordinance No. ___ Page 6 of 16 ________________ retains the right to operate under other applicable laws, including without limitation the zoning ordinance, building codes and business license tax ordinance. 5.76.060 License application procedure. A. Any person seeking a license pursuant to this Chapter shall submit a completed application, on a City-approved form, to the Finance Department. B. The application for a license under this Chapter shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales for each location at which retail tobacco sales are being proposed and shall be signed by each proprietor or an authorized agent thereof. C. Said application shall contain the following information: 1. The name, address, and telephone number of each proprietor of the business seeking a license. 2. The business name, address, and telephone number of the single, fixed location for which a license is sought. 3. A single name and mailing address of an agent authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this Chapter. If an authorized agent is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph 2 above. 4. Proof that the location for which a tobacco retailer license is sought has been issued a valid state tobacco retailer’s license by the California Board of Equalization, if required for the business. 5. Whether any proprietor or any agent of the proprietor was previously issued a license pursuant to this Chapter which was at any time suspended or revoked, and, if so, the dates of the suspension period or the date of the revocation. 6. Whether any proprietor or any agent of the proprietor has admitted violating or has been determined to have violated any provision of this Chapter or any State or Federal tobacco-related law, and, if so, the dates of all such violations within the preceding five (5) years. 7. Such other information as the Finance Department deems necessary for the administration or enforcement of this Chapter as specified on the application form required by this Chapter. Ordinance No. ___ Page 7 of 16 ________________ D. The City Council may establish by resolution the amount of an application fee for the tobacco retailer license in an amount not to exceed the City’s reasonable cost of providing the services required by this Chapter, in which case the City shall accept no application unless accompanied by payment of such fee. E. An applicant or agent thereof shall inform the Finance Department in writing of any change in the information submitted on an application for a tobacco retailer registration within ten (10) business days of a change. F. All information specified in an application pursuant to this section that is subject to disclosure under the California Public Records Act (California Government Code section 6250, et seq.) or any other applicable law will be disclosed, except where exempt under the applicable law. 5.76.070 Issuance of tobacco retailer license. A. Upon the receipt of a completed application for a tobacco retailer license and the corresponding application fee, if any, the Finance Department shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exists: 1. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this Chapter. 2. The application seeks authorization for tobacco retailing at a location prohibited by Section 5.76.050 of this Chapter. 3. The applicant has had a license issued pursuant to this Chapter revoked within the preceding twelve (12) months. 4. The application seeks authorization for tobacco retailing that is otherwise prohibited pursuant to this Chapter, that is unlawful pursuant to this Code (including without limitation the Hermosa Beach zoning ordinance and business license regulations), or that is unlawful pursuant to any other law. 5. The applicant has violated any provision of this Chapter or any state law related to the sale of tobacco. 6. The applicant is indebted to the City for any unpaid fee or fine. B. Any applicant aggrieved by a decision denying a license pursuant to this Chapter may contest the decision in the same manner as the challenge of an administrative citation pursuant to the provisions of Section 1.10.090 of this Code. Ordinance No. ___ Page 8 of 16 ________________ 5.76.080 Term and renewal. A. A tobacco retailer license issued pursuant to this Chapter shall be valid for one (1) year after the date of issuance, unless it is revoked earlier in accordance with the provisions of this Chapter. The expiration date of each tobacco retailer license shall be shown on the license itself and each tobacco retailer license shall expire at midnight on the expiration date. B. Each tobacco retailer who seeks to renew a license issued pursuant to this Chapter shall submit a renewal application on a City-approved form and tender any applicable fees to the Finance Department no later than thirty (30) calendar days prior to the expiration of the license. Any license issued pursuant to this Chapter that is not timely renewed shall expire and become null and void at the end of its term. C. An application to renew a license issued pursuant to this Chapter may be denied by the Finance Department upon the grounds set forth in Section 5.76.070 of this Chapter. 5.76.090 License nontransferable. A. No person shall operate under a name, or conduct business under a designation not specified on the license. B. A license issued pursuant to this Chapter may not be transferred from one person to another or from one location to another. A change in proprietor, business name, or location, or a change in any other information from that which is shown on the license application shall render the license null and void, and shall require a new license to be obtained in accordance with the provisions of this Chapter. 5.76.100 License conveys a limited, conditional privilege. Nothing in this Chapter shall be construed to grant any tobacco retailer obtaining and maintaining a license under this Chapter any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the City identified on the face of the tobacco retail license. Nothing in this Chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this Code, or any condition or limitation on smoking in an enclosed place of employment pursuant to state law. 5.76.110 Operating requirements. Ordinance No. ___ Page 9 of 16 ________________ The following operating requirements shall be deemed conditions of any tobacco retailer license issued pursuant to the provisions of this Chapter, and failure to comply with any such requirement shall be grounds for suspension, revocation, and/or the imposition of administrative fines in accordance with Section 5.76.130 of this Chapter. The provisions of this Chapter are intended to provide a minimum level of public health, safety and welfare protection at businesses engaging in tobacco retailing. Nothing in this Chapter is intended nor shall prevent the City from imposing more stringent, site- specific operating requirements and conditions through other applicable permitting and approval processes, including, without limitation, environmental or land use approvals or permits. In the event of a conflict between an operating regulation set forth in this Chapter and a requirement or condition contained in any other applicable permit or approval, the more stringent or restrictive requirement or condition shall apply. A. Knowledge of applicable laws. It is the responsibility of each proprietor to be informed of the laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer license. No person may rely on the issuance of a license as a determination by the City that the proprietor has complied with all laws applicable to tobacco retailing. A license issued contrary to this Chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 5.76.130 of this Chapter. Nothing in this Chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer license any status or right to act as a tobacco retailer in contravention of any provision of law. B. Lawful business operation. In the course of tobacco retailing or in the operation of the business or maintenance of the premises for which a license is issued pursuant to this Chapter, it shall be a violation of this Chapter for any tobacco retailer to violate any Federal, State, or local law applicable to tobacco products, tobacco paraphernalia or tobacco retailing. C. Posting of license. Each license issued pursuant to this Chapter shall be prominently displayed in a publicly visible location at the permitted location. D. Retail sales to persons under eighteen prohibited. No person engaged in tobacco retailing shall sell or offer to sell, give or offer to give, or transfer or offer to transfer any electronic tobacco product to any person who is under the legal age under state law to purchase and possess tobacco products. E. Positive identification required. No tobacco retailer shall sell or transfer a tobacco product to any person who appears to be under the age of thirty (30) years old without first examining the identification of that person to confirm that person is at least the minimum age under state law to purchase and possess the product. The tobacco retailer or agent thereof shall refuse the sale or transfer of any tobacco product to any person who appears to be under the age of thirty (30) years old, who fails to present valid, legal photo identification prior to the sale or transfer. Ordinance No. ___ Page 10 of 16 ________________ F. Minimum age for persons selling tobacco. No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in tobacco retailing. G. Self-service displays prohibited. Tobacco retailing by means of a self-service display is prohibited. H. Signage. 1. In the course of Tobacco Retailing or in the operation of a business or maintenance of a location for which a license issued, it shall be a violation of this Chapter for a licensee, or any of the licensee’s agents or employees, to cover more than 15 percent of the area of each window and clear door of the location with signs of any sort, excluding signage mandated by local, state or federal law. For the purposes of this subsection, the area covered shall be computed to include (i) all clear areas within signs; and (ii) signs that are not attached to windows or clear doors but are visible from exterior public rights of way in the same manner as if they were attached to windows or clear doors. 2. All signs shall be placed and maintained to ensure law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from exterior public rights of way or from the entrance. However, this subsection shall not apply to premises where there are no windows, or where the design or location of windows or landscaping precludes a view of the interior of the premises from exterior public rights of way or from the entrance. I. Packaging and Labeling. No Tobacco Retailer shall Sell any Tobacco Product to any Consumer unless such product: (1) is sold in the original manufacturer’s Packaging intended for Sale to Consumers; and (2) conforms to all applicable federal labeling requirements. J. Minimum Package Size for Little Cigars and Cigars. No Tobacco Retailer shall Sell to a Consumer: 1. Any Little Cigar unless it is sold in a Package of at least twenty Little Cigars. 2. Any Cigar unless it is sold in a Package of at least twenty (20) Cigars; provided, however, that this subsection shall not apply to a Cigar that has a price of at least $15.00 per Cigar, including all applicable taxes and fees. 3. Compliance with State-mandated sign requirements. Tobacco retailers shall post and maintain all signage required by the California Labor Code, California Business & Professions Code, California Penal Code, and any other applicable Federal, State, or local law. Ordinance No. ___ Page 11 of 16 ________________ 4. False and misleading advertising prohibited. A tobacco retailer who does not have a valid license pursuant to this Chapter or whose license has been suspended or revoked shall not display any item or advertisement relating to tobacco products that promotes the sale or distribution of such products from the premises or that could lead a reasonable consumer to believe that tobacco products can be obtained at that location. Such display or advertisement in violation of this provision shall constitute tobacco retailing without a valid license. 5.76.120 Compliance monitoring and enforcement. A. Compliance checks shall be conducted so as to allow the Chief of Police to determine, at a minimum, if a tobacco retailer is complying with laws regulating youth access to tobacco. The Chief of Police may also conduct compliance checks to determine compliance with other laws applicable to tobacco retailing. B. The Chief of Police shall inspect each Tobacco Retailer at least two (2) times per twelve (12) month period. Nothing in this paragraph shall create a right of action in any licensee or other Person against the City or its agents. C. The Chief of Police shall have the right to enter, free of charge or restriction, at any time, any place of business for which a license is required by this Chapter, and to demand the exhibition of such license for the current term by any person engaged or employed in the transaction of such business. D. The Hermosa Beach Police Department and/or the Department (or designee thereof) may promulgate and adopt policies, procedures and/or guidelines for the participation of persons under the minimum legal age for tobacco purchases in compliance checks pursuant to this Chapter (“Youth Decoys”). E. The City shall not enforce any law establishing a minimum age for tobacco purchases or possession against a Youth Decoy if the potential violation occurs when: 1. The Youth Decoy is participating in a compliance check supervised by the Chief of Police or other enforcement agency; 2. The Youth Decoy is acting as an agent of the Chief of Police or other enforcement agency. 5.76.130 Violations. A. Administrative fine. In addition to any other penalty authorized by law, violations of this Chapter are subject to the administrative citations and penalties provisions in Title 1, Chapter 1.10 of this Code. Ordinance No. ___ Page 12 of 16 ________________ B. Suspension or revocation. 1. In addition to any other penalty authorized by law, a Tobacco Retailer’s license shall be suspended or revoked if any court of competent jurisdiction determines, or the City finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, if it is determined that any of the following has occurred: a. The licensee or his/her agent or employee has violated any provision of this Chapter; b. The licensee or his/her agent or employee has continued to operate as a tobacco retailer after a license issued pursuant to this Chapter has been suspended; or c. The licensee or his/her agent or employee has failed to timely renew a license issued pursuant to this Chapter subject to the requirements of Section 5.76.080. 2. Upon a finding by the City of: a. A first violation of this Chapter at a location within any sixty-month (60) period, the license shall be suspended for thirty (30) days. b. A second violation of this Chapter at a location within any sixty-month (60) period, the license shall be suspended for ninety (90) days. c. A third violation of this Chapter at a location within any sixty-month (60) period, the license shall be suspended for one (1) year. d. Four or more violations of this Chapter at a location within any sixty- month (60) period, the license shall be revoked. 3. Notwithstanding the foregoing, a license may be revoked if it is determined that one or more grounds for denial of a license under Section 5.76.070 of this Chapter existed at the time the application was made or at any time before the license was issued. No administrative fine shall accompany a revocation of a wrongly issued license. 4. Any applicant aggrieved by a decision revoking or suspending a license pursuant to this Chapter may contest the decision in the same manner as a challenge of an administrative citation, pursuant to the provisions of Section 1.10.090 of this Code. 5.76.140 Tobacco Retailing Without a Valid License Ordinance No. ___ Page 13 of 16 ________________ A. In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the Department finds based on a preponderance of evidence, after notice and an opportunity to be heard, that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer’s license, either directly or through the Person’s agents or employees, the Person shall be ineligible to apply for, or to be issued, a Tobacco Retailer’s license as follows: 1. After a first violation of this section at a location, no new license may be issued for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until thirty (30) days have passed from the date of the violation. 2. After a second violation of this section at a location within any sixty-month (60) period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until ninety (90) days have passed from the date of the violation. 3. After of a third or subsequent violation of this section at a location within any sixty-month (60) period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until five (5) years have passed from the date of the violation. B. Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in violation of this section are subject to seizure by the Chief of Police and shall be forfeited after the Person and any other owner of the Tobacco Products and Tobacco Paraphernalia seized is given reasonable notice and an opportunity to demonstrate that the Tobacco Products and Tobacco Paraphernalia were not offered for sale or exchange in violation of this Chapter. The decision by the Chief of Police may be appealed pursuant to the procedures set forth in Section 5.76.135 C. Forfeited Tobacco Products and Tobacco Paraphernalia shall be destroyed after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final. C. Any applicant aggrieved by a decision revoking or suspending a license pursuant to this Chapter may contest the decision in the same manner as a challenge of an administrative citation, pursuant to the provisions of Section 1.10.090 of this Code. 5.76.150 Agreed Penalty in Lieu of Hearing A. For a first or second alleged violation of this Chapter within any sixty-month (60) period, the Chief of Police may allow a Tobacco Retailer alleged to have violated this Chapter to agree to the penalties provided in this section in lieu of the penalties that Ordinance No. ___ Page 14 of 16 ________________ would otherwise apply under this Chapter and to forego a hearing on the allegations. Notice of any agreement shall be provided to the Chief of Police and no hearing shall be held. Agreements shall not be confidential and shall contain the following terms as well as any other non-criminal provisions established by the City Manager in the interests of justice: 1. After a first alleged violation of this Chapter at a location: (a) an agreement to stop acting as a Tobacco Retailer for one (1) day; (b) an administrative penalty of one thousand ($1,000) dollars; and (c) a written admission that the violation occurred and an acknowledgment that the violation will be considered in determining the fine or penalty for any future violation. 2. After a second alleged violation of this Chapter at a location within any sixty- month (60) period: (a) an agreement to stop acting as a Tobacco Retailer for ten (10) days; (b) an administrative penalty of at least five thousand ($5000) dollars; and (c) a written admission that the violation occurred and an acknowledgment that the violation will be considered in determining the fine or penalty for any future violations. 5.76.160 New license after revocation. Notwithstanding any other provision of this Chapter, no tobacco retailer’s license shall be issued to a tobacco retailer (or proprietor thereof) whose license has previously been revoked pursuant to this Chapter for a period of twelve (12) months from the date of the prior revocation, unless ownership of the business at the location has been transferred in an arm’s length transaction. 5.76.170 Implementing rules and regulations. The City Manager is hereby authorized to make and promulgate any rules and regulations necessary to implement the requirements of this Chapter. The rules and regulations shall be in addition to the requirements set forth in this Chapter. In the event of a conflict between a provision set forth in this Chapter and a rule or regulation promulgated by the City Manager pursuant to this section, the more stringent or restrictive requirement or condition shall apply. Ordinance No. ___ Page 15 of 16 ________________ Section 2. Administrative Citations and Penalties. Section 1.10.040 of Chapter 1.10 of Title 1 the HBMC is hereby amended to add subparagraph (A)(20) to read as follows: “20. Chapter 5.76: Tobacco Retailer License” Section 3. Application of Prohibition of Smoking in Public Places to Electronic Cigarettes. Section 8.40.010(J) of Chapter 8.40 of Title 8 of the HBMC shall be amended to read as follows: “Smoking” means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device, or any plant product intended for human inhalation. Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Hermosa Beach hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 5. Effective Date. This ordinance shall take effect thirty days after its passage and adoption pursuant to California Government Code section 36937. Section 6. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City 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 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 _____________ 2015. VOTE: AYES: NOES: ABSTAIN: ABSENT: ______________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, Ordinance No. ___ Page 16 of 16 ________________ California ATTEST: APPROVED AS TO FORM: __________________________ City Clerk City Attorney DUFFY LAW OFFICE, PLC 20118 N 67TH AVE• SUITE 300-453 GLENDALE, AZ 85308 PHONE: 623-547-7310 • FAX: 623-561 -7744 STEVEN J. DUFFY steve@duffyplc.com August 21, 2015 VIA email citycouncil@hermosabch.org Mayor Petty and Council Members Hermosa Beach City Council 1400 Highland Avenue Hermosa Beach, CA 90266 Re: Tobacco Retail Licensing ordinance and e-cigarette use in public Dear Mayor Pro Tem Petty and Council Members Barragan, DiVirgilio, Fangary and Tucker: As legal counsel for the National Association of Tobacco Outlets, Inc. (NATO), a national retail tobacco trade association with its principal office in the State of Minnesota (for more information, please see www.natocentral.org), I am providing these comments on behalf of the association and its members located in Hermosa Beach. These comments address issues raised by the draft dated August 12, 2015 which adopts a tobacco retailer license and regulates the use of e-cigarettes. NATO has a number of serious concerns with the draft ordinance:  Mandates that single cigars be priced at $15 or more: effectively prohibiting all single cigar sales in the City.  Violates retailers civil rights: allows the police to enter businesses without a warrant even when they are closed without probable cause.  Requires retailers to waive rights to avoid extreme penalties: retailers are given a choice between accepting a suspension, a fine and waiving their rights to a hearing, or reserving their rights and be subject to potentially even more harsh, grossly punitive sanctions.  Takes valuable property rights from retailers: retailers prohibited from transferring a license to willing buyers or even family members.  Bans tobacco retailing in large areas of the City: devaluing commercial property and setting up a de facto prohibition on new businesses.  Forces consumers to go to other cities for their preferred products: causing citizens to purchase tobacco products elsewhere, harming Hermosa Beach retailers  Prevents young people from working in many retail stores: hurting the job prospects of young people in an already tough job market for young people.  Prejudges the public health potential of e-cigarettes: discourages users of combustible tobacco products from switching to e-cigarettes, which many believe provide lower risks Each of these items is addressed in some detail below. Hermosa Beach City Council August 24, 2015 Page 2 NATO and its members share the City’s stated concern with minors’ access to tobacco products. These are adult-only products, and retailers do a remarkably good job of avoiding sales to minors. Please consider the statistics of the U.S. Food and Drug Administration. The FDA’s website provides the results of tobacco compliance inspections throughout the country.1 Inspections typically consist of a minor decoy attempting to buy tobacco products from retailers. The FDA data shows there have been 18 inspections in Hermosa Beach, all in 2014-15, and the retailers passed each inspection. For the State as a whole, from January 2012 through July 2015, 12,491 inspections were made, and 97.3 % of the time the retailers were compliant. There were only eleven repeat offenses. 2 The FDA’s statistics support the California Department of Public Health (CDPH) 2014 Youth Tobacco Purchase Survey3, which found that tobacco retailers’ compliance rate is 91%. Further, in a recent study4 minors who regularly used tobacco were asked where they usually obtained tobacco products; 86% said their usual source was people other than retailers.5 We respectfully suggest that if the City is sincerely interested in addressing youth smoking, its resources are better spent directed at these social sources of tobacco, mostly friends and relatives, who account for nearly 90% of the problem. We would now like to address the specifics of the Draft Ordinance. Tobacco Retail License Required of Both the Business and the Employees of the Business “Person” is defined in §5.76.030 to include individuals and various forms of business entities, and “Tobacco Retailer” is defined to mean any “Person” who sells tobacco or Tobacco Products. Section §5.76.040 makes it unlawful (indeed criminal) for “any Person to engage in tobacco retailing” without a permit. Although “tobacco retailing” itself is not defined, as written it would not just be the business entity that operates the store that must have such a permit, but every individual that “sells” Tobacco Products. This unnecessarily burdens employees. The definitions and this section should be clearly written so that the business entity operating the tobacco retail operation needs a license, and no one else, just as only one State tobacco license is issued to a business location, and not required of anyone else.6 As written, the section is also inconsistent with §5.76.060, detailed below. 1 The website may be accessed here: http://www.accessdata.fda.gov/scripts/oce/inspections/oce_insp_searching.cfm 2 Attached is a spreadsheet of these results. 3 The Survey can be found here: http://www.cdph.ca.gov/programs/tobacco/Documents/Resources/Fact%20Sheets/YTPS%20Memo%20Charts%202 014.pdf 4 Jones, S.E. and Caraballo, R.S., Usual Source of Cigarettes and Alcohol Among US High School Students, Journal of School Health, Vol 84, Issue 8, pp 493-501, August 2014. 5 A chart depicting the information from that study is attached. 6 Cigarette and Tobacco Products Licensing Act of 2003, California Business and Professions Code Section 22970- 22974.8. Hermosa Beach City Council August 24, 2015 Page 3 Limiting Sales Within 500 Feet of Schools or “Youth-Populated Areas” is Unsupported by Evidence and Will Negatively Impact Commercial Real Estate Values Section 5.76.050 prohibits retailers from locating within 500 feet of a public or private K-12 school, public library or playground, child care facilities or preschools, or a “youth center.” The last item is defined as a facility where 6 to 17 year olds “come together for programs and activities,” making it vague to the point of being meaningless. Children “come together for programs and activities” at any number of places, both obvious and not. Some obvious examples are Hermosa Beach, Hermosa Pier and the Hermosa Valley Greenbelt. Less obvious ones are churches, which frequently have children’s programs. A 500 foot radius encompasses over 750,000 square feet of real estate per location.7 Given zoning codes, and Hermosa Beach’s one and a half square mile footprint, this may be a prohibition in the guise of a restriction. It reduces the value of commercial properties inside the prohibited area, which may as a practical matter include all commercial property in the City, without compensation to the property owners. Some of the restricted areas are controlled by the government in one way or another (public schools and parks, for example,) but many are controlled by private actors (child care facilities, day care facilities and “youth centers.”) As many of these privately controlled entities may well locate in a business zone, such as a strip mall, the City would allow other businesses to effectively control where tobacco retailers may operate. Nothing prevents a new “Youth- Populated Area” from moving within the restricted area, in which case the retailer is only allowed to renew its license once under §5.76.050(E)(2), allowing public and private entities to run a retailer out of town just by choosing a location near them. This will no doubt cause some liability for the City as businesses are deprived of value without compensation, and business properties are similarly impacted. Most importantly, a recent study8 of tobacco sales near schools demonstrates there is no basis for such a restriction. The abstract of the study states that “neither the presence of a tobacco outlet within 1000 ft of a high school nor the distance to the nearest tobacco outlet from school was associated with smoking prevalence.” The City has no scientific basis for imposing such a restriction on property rights. We would suggest that removing §5.76.050 is the fairest solution. However, should the City keep it and risk the inevitable liability that comes with it, the City should clarify the language on what is a “youth center” and prohibit Youth-Populated Areas from locating within 500 feet of a tobacco retailer so that a legally situated retailer does not become within the prohibited zone by the act of government entities or private school operators. 7 Calculated as 𝐴=𝜋𝑟2 = 3.14 x 500 x 500 = 785,000 square feet. The actual figure would be much larger as this assumes these youth populated areas have neither length nor width; obviously, all do, and some, such as the Beach and the Greenbelt, have considerable width. 8 “Is Adolescent Smoking Related to The Density and Proximity of Tobacco Outlets and Retail Cigarette Advertising Near Schools?” Preventive Medicine Vol 47(2):210-214. Hermosa Beach City Council August 24, 2015 Page 4 Density Restrictions are Not Supported and Similarly Run the Risk of Exposing the City to Liability The proposal to prevent retailers from being within 500 feet of one another in §5.76.050(F) is similarly flawed. The same report that found no association between smoking prevalence and distance of tobacco retailers to schools found that the “prevalence of current smoking was 3.2 percentage points higher at schools in neighborhoods with the highest tobacco outlet density (>5 outlets) than in neighborhoods without any tobacco outlets.”9 In other words, there is at most a surpassingly weak association (not causation) between density and smoking prevalence, as there is only a 3.2% difference in smoking rates between neighborhoods with the most tobacco stores and those with no tobacco stores at all. The density restriction creates similar liability issues as those created by the Youth-Populated Area restrictions. Given the weak support for such a provision, and the possible liability to the City, we would suggest removing §5.76.050(F). Prohibiting Smoking in Tobacco Retailers That Do Not Permit Minors on the Premises is Illogical Section 5.76.050(H) prohibits smoking in tobacco retailer stores, but no exception is made for those venues that predominantly sell Tobacco Products and do not allow minors inside. (Indeed, subsection G oddly prohibits selling Tobacco Products in a premise that does not allow persons under 21 to enter, namely bars.) If the premise is to protect minors, this restriction is unnecessary, and should be amended to allow an exception for tobacco stores. The Grandfathering Provision is Vague and Counterproductive Section 5.76.050(I) allows those who would otherwise be operating unlawfully because of the new restrictions elsewhere in the Section, such as the distance restrictions, to continue to operate under certain conditions, one of which, subsection (iii), is that the retailer has not substantially changed “the business premises or business operation.” This vague provision gives no definition of what constitutes a substantial change to either the premises or operation. If a mom-and-pop operation decides to allow their son or daughter in to the family business, is that a change to the operation? Or if a business, operated as a sole proprietorship, incorporates? As to changes in the premises, this provision discourages retailers from substantially improving their premises, perhaps making a more appealing storefront, better parking or safer lighting. We would suggest removing subsection 5.76.040(I)(iii). The Application Procedure is Unreasonable Several parts of §5.76.060 conflict with the provision noted above that every “Person” must have a license (e.g., Subsection (B) references the need for a license at “each location,” signed by the “proprietor or authorized agent thereof;” Subsection C(1) referencing the “proprietor of the business seeking a license”; etc.) Subsection C(6) requires a proprietor/applicant to state whether 9 Ibid. Hermosa Beach City Council August 24, 2015 Page 5 they or any of their agents have been determined to have violated “any provision of this Chapter or any State or Federal tobacco-related law,” detailing all such violations over the previous five years. A proprietor with many outlets in many jurisdictions would be significantly burdened by such a requirement. Employees make mistakes, and no matter how rare they may be, if any violation of any State or Federal “tobacco-related law” (whatever that means) regardless of how significant or picayune, for example, filing their license renewal on time for one location in another State, is simply adding burden for burden’s sake. Licensing Fee Should Clearly Not Include General City Overhead Although we understand the City’s desire to set the license fees to recover the “reasonable costs of providing the services required by this Chapter, §5.76.060(D), it is important that this is not to also generate general City revenue. We note this because we have seen considerable variation in fees in different jurisdictions that naturally makes one wonder how the costs of similar programs could vary so widely. NATO asks that when the City consider what it needs for these costs it not, for example, stray into costs associated with smoking bans and that it not include any of the City’s general and administrative costs, which are rightly borne by all citizens, not just tobacco retailers. Grounds for License Denial are Too Broad Section 5.76.070 allows for denying a license for several reasons, among them that the application information is “inaccurate,” which would include an innocent, even a typographical, error, as opposed to some intentional fraud on the part of the applicant, or if the applicant has violated “any provision of this Chapter or any state law related to the sale of tobacco.” Again, a chain store with multiple outlets may be unable to meet this burden, and would not even be able to move a store from one location to another (if it could find an unrestricted, properly zoned location.) It also does not distinguish between the more significant violations (such as sales to minors where neither employee training nor effort to avoid such sales has been made) to the most technical (size of the “No Sales to Minors” sign.) We would suggest this Section needs to allow for fixing clerical errors in applications and gradation in the kinds of operational errors Nontransferable Licenses Take Value from Businesses without Compensation Section 5.76.090 makes licenses nontransferable, meaning a new owner must get a new license and is therefore subject to the distance requirements. Especially if the distance requirements remain, the new applicant should be allowed to apply for a license. To do otherwise deprives businesses of part of the value of their operation. In some instances, tobacco operations keep a store open; if they cannot sell tobacco, they will not be open to sell any of the other things they carry, which will be a detriment to the public. Many mom-and-pop operators have a considerable amount of their net worth and retirement savings in the equity of their business. If they are not able to realize that by a sale of the business to a third party, or if they cannot leave the business by will or gift to their heirs, they are significantly deprived of their life savings. Making the license itself nontransferable is not the problem; rather, it is the effect of that nontransferability, particularly in light of the distance Hermosa Beach City Council August 24, 2015 Page 6 restrictions, that causes issues. Licensed businesses should be treated as legal, non-conforming uses as under the zoning code, and new owners should be able to take them over (provided, of course, the new owners themselves are qualified.) Failing to do that would expose the City to liability for unlawful taking. Prohibiting Persons under the Minimum Legal Sales Age to Act as Work in Tobacco Retailers Causes Problems for Both Retailers and Young Workers Section 5.76.110(F) requires that persons who “engage in tobacco retailing” must be the state minimum age to purchase and possess, currently 18. However, the language of the Section is a bit unclear, as it prohibits minors from being a person “engaged in tobacco retailing.” Does this include someone only indirectly involved in the transaction of tobacco sales? For example, is a 16 year old stock clerk or bag person in a grocery store considered “engaged in tobacco retailing?” A larger concern is that banning clerks under the Minimum Legal Sales Age means that 16 and 17 year olds may no longer be able to find work in certain stores. Many retailers, especially smaller or family-owned establishments, need to be able to hire young people to staff their stores adequately. Those duties may include completing transactions that have both tobacco and non- tobacco items. These clerks are trained to avoid sales of tobacco items to minors. Prohibiting younger people from taking these kinds of jobs hurts both them and their potential employers. Also, by tying it to the Minimum Legal Sales Age, if the State adopts an age higher than 18 (as is currently under consideration at the State Legislature,) some adults could no longer work in these businesses, making it yet harder for businesses to fill these positions and expanding the hardship to a larger pool of potential workers. Finally, as “Person” includes corporations, associations and other business entities that may well have been formed only a year ago, even though the individuals who work for the retail business are all over the minimum sales age, as drafted those business entities could not engage in tobacco retailing. We respectfully ask that §5.76.110(F) be removed in its entirety. Self-Service Displays Should Be Allowed in Adult-Only Environments The ban in §5.76.110(G) on self-service displays makes no exemption for adult-only environments, for example, tobacco-only stores that do not allow minors to enter. If the premise of the law is to protect minors, such an exemption simply makes sense. Cigar Minimum Pricing is Not Justifiable NATO and its retail member stores have a serious legal concern with §5.76.110(J) that requires a minimum retail price of $15.00 for a single cigar and requires other cigars to be sold in packages of 20. The proposed ordinance is devoid of evidence or support of any kind that setting a minimum price on cigars will achieve a health-related goal either for underage youth or for Hermosa Beach City Council August 24, 2015 Page 7 adults who buy and smoke cigars. There are hundreds of brands of cigars that are typically sold one or two at a time that would be prohibited by this provision. This would force buyers of these products to go to nearby jurisdictions to obtain their preferred products. When they do that, they will take with them other business, that is, they will buy other products that they purchase when they buy cigars. The City will lose not only the cigar sales revenues but that of the other products as well. By what legal authority does the City set the retail price of any legal product, including cigars? We would be pleased to see any statutory cite that you are relying on to justify mandating minimum package sizes and product prices. We respectfully request that §5.76.110(J) be deleted. Licensees Civil Rights are Violated Section 5.76.120(C) grants the Chief of Police “the right to enter, free of charge or restriction, at any time, any place of business for which a license is required by this Chapter.” As written, the Chief may enter, without a warrant, a closed business. It should not be a condition of licensure that a business give up its civil rights. The Penalty Provisions are Too Harsh Section 5.76.130 sets out the penalties, which include an administrative fine under Title 1, Chapter 1.10 of the City’s Code, plus various suspensions. Focusing only on the suspension schedule, it is far too harsh. By way of contrast, the U.S. Food and Drug Administration, which on a federal level insures compliance with tobacco retailing requirements, recently published an amended guidance document for progressive discipline of retailers.10 The current structure set forth in §§4.118.130 and -.140 are contrasted with the FDA’s guidance in the following table: Proposed Suspension FDA Guidance 1st offense 30 day suspension 1st offense-warning 2nd offense in 60 months-90 day suspension 2nd offense in 12 months-$250 3rd offense in 60 months-one year suspension 3rd offense in 24 months-$500 4th offense (or more) in 60 months- revocation 4th offense in 24 months-$2,000 5th offense in 36 months-$5,000 6th or subsequent offenses within 48 months-$11,000 as determined by the agency on a case-by-case basis 10 Civil Money Penalties and No-Tobacco-Sale Orders for Tobacco Retailers, Responses to Frequently Asked Questions, May 2015, page 13. Hermosa Beach City Council August 24, 2015 Page 8 The FDA’s guidance suggests that a “No-Tobacco-Sales Order,” the equivalent of a suspension, would be issued only after “repeated offenses” in a 36-month period; “repeated offenses” is defined to be five violations.11 The draft, by contrast, calls for a suspension on the first offense. This is significantly harsher than the FDA’s recent guidance, which was published after significant study as the agency considers a formal rule on the subject. Moreover, a retailer is not immune from receiving both the City’s punishment (fine plus suspension) and the FDA’s, making the City’s punishment all the harsher. We note the draft allows a first or second offender to get a one day or ten day suspension and a $1,000 or $5,000 fine, respectively, but only at the expense of giving up its due process rights, which is a poor precedent for the City to set. Retailers take their responsibilities seriously. They are not interested in selling tobacco products to minors. However, most retailers also have employees, and no matter how well-trained the employees may be, everyone can make a mistake. Punishing employers with a suspension for a first violation is simply too punitive, and using a five-year look back period makes it all the harsher. For this reason, we respectfully ask that the City Council consider how to provide meaningful, proportionate, progressive discipline in light of the FDA’s guidance. We would also respectfully suggest that the City Council consider attacking the larger problem, that of the social sources of tobacco from whom kids usually obtain tobacco products. Ban on E-Cigarette Use Where Combustible Cigarettes are Prohibited is Premature The proposal to amend the existing smoking regulation to include e-cigarettes The U.S. Food and Drug Administration is currently in the process of considering the appropriate regulatory framework for e-cigarettes, and the City prejudges that process if it acts now to ban e- cigarettes where traditional smoking is prohibited, as provided in Section 3 of the proposed ordinance. The FDA has held a series of public workshops on this subject and received thousands of comments to the regulatory framework; until they have completed their work, any proposal restricting the use of electronic cigarettes in public places is premature. Restrictions on smoking in public places were adopted after numerous studies were conducted and a significant body of scientific evidence was compiled on secondhand smoke. Existing smoking bans were only adopted after long study and a general public consensus on the subject; acting now to restrict these products, which many tobacco users see as a way to stop or significantly reduce their use of other tobacco products, may detrimentally affect the public health. We would suggest that the City defer at least until the FDA has acted so that the City is taking into account the most current information about these products that is available. 11 Ibid., page 2. Hermosa Beach City Council August 24, 2015 Page 9 Thank you for your consideration of these comments. Sincerely, Steven J. Duffy For National Association of Tobacco Outlets, Inc. Attachments: Spreadsheet Graphic Regarding Usual Source of Tobacco Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0636 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 INTRODUCE ON FIRST READING AND WAIVE FULL READING OF AN ORDINANCE AMENDING SECTION 17.46.220 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING STREAMLINED PERMITTING OF SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS (Community Development Director Ken Robertson) Recommended Action: To introduce on first reading and waive full reading of an ordinance establishing an expedited streamlined permitting process for small residential rooftop solar energy systems in compliance with AB 2188 (Muratsuchi 2014). Background: AB 2188 was signed into law on September 21, 2014. In an effort to make the permitting of solar energy systems more consistent statewide, the law requires each city and county to: adopt an ordinance creating a streamlined permitting process for small residential rooftop solar systems; publish a checklist for permitting applications on their respective websites; process small rooftop solar system applications as nondiscretionary building permits; and allow electronic submittal of applications and associated documentation. AB 2188 took effect on January 1, 2015, and mandates that jurisdictions adopt the required ordinance and permitting checklist by September 30, 2015. Analysis: The provisions of AB 2188 are as follows: 1.Requires every city and county to,by September 30,2015,adopt an ordinance in consultation with the local fire department or district (and utility director if the jurisdiction operated a utility) creating an expedited,streamlined permitting process for small residential rooftop solar energy systems that substantially conforms to the recommendations of the California Solar Permitting Guidebook and the Governor’s Office of Planning and Research,except where unique climatic, geological, seismological, or topographical conditions justify modification. 2.Requires adoption of a permit application checklist identifying all requirements with which applications shall comply to be eligible for expedited review.The checklist and related documentation must be published on the city or county’s website.Applications meeting the checklist requirements must be approved. Hermosa Beach Printed on 8/20/2015Page 1 of 3 powered by Legistar™ Staff Report REPORT 15-0636 3.Requires permitting agencies to process solar energy applications in the same manner as an application for approval of an architectural modification to a property.Approvals shall be in the form of building permits or similar nondiscretionary permits. 4.Limits review of an application to the building official’s review of whether it meets all health and safety requirements of federal and state law,and local standards and regulations necessary to ensure that the proposed system will not have a specific,adverse impact upon the public health or safety. 5.Makes building official decisions on streamlined solar permitting applications appealable to the planning commission. 6.Authorizes cities to require a use permit,but only in instances where the building official finds, based on substantial evidence,that the solar energy system could have specific,adverse impact on public health and safety.Prohibits denial of a use permit,if required,unless written findings based on substantial evidence in the record are made that the proposed system would have a specific,adverse impact upon the public health and safety and there is no feasible method to satisfactorily mitigate or avoid that impact. 7.Requires that any conditions imposed on an application to install a solar energy system be designed to mitigate specific,adverse impacts upon the public health and safety at the lowest cost possible. 8.Requires cities and counties to allow electronic submittal (via email,internet or fax)of an application and associated documentation and accept electronic signature,except where the required ordinance specifies why electronic signatures are unable to be accepted. 9.Prohibits more than one inspection in connection with an application,except where a system fails inspection or a separate fire safety inspection is required. 10.Defines “small residential rooftop solar energy system”as one that:1)is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal;2)conforms to all applicable codes;3)is installed on a single or duplex dwelling;and 4)does not exceed the maximum legal building height of the local jurisdiction.1 The Community Development Department has already adopted a policy of processing applications for small residential solar installations in an expedited manner;however,adoption of the attached ordinance and publication of the attached permitting checklists are required in order to comply with AB 2188. Fiscal Implications: None Hermosa Beach Printed on 8/20/2015Page 2 of 3 powered by Legistar™ Staff Report REPORT 15-0636 1Since the Municipal Code Section 17.46.220 already contains provisions for roof-top solar systems to exceed the basic height requirements, installations that comply with this section will be consistent with this definition. Attachments: 1.Ordinance establishing an expedited streamlined permitting process for small residential rooftop solar energy systems. 2.Permitting Checklists and Informational Bulletin Respectfully Submitted by: Bob Rollins, Building and Code Enforcement Official Concur: Ken Robertson, Community Development Director Legal Review: Mike Jenkins, City Attorney Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 8/20/2015Page 3 of 3 powered by Legistar™ Page 1 of 4 ORDINANCE NO. _______ AN ORDINANCE AMENDING SECTION 17.46.220 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING STREAMLINED PERMITTING OF SMALL RESIDENTIAL SOLAR ENERGY SYSTEMS The City Council of the City of Hermosa Beach does ordain as follows: Section 1.Findings. The City Council of the City of Hermosa Beach does hereby find and declare as follows: A. In September 2014, the Governor signed AB 2188 (Muratsuchi 2014), which among other things, requires local governments to adopt an ordinance by September 30, 2015 creating an expedited permit process for small residential rooftop solar installations; B. The City has historically promoted the use of solar energy systems; however, this Ordinance is necessary to establish an expedited streamlined permitting process for small residential rooftop solar energy systems in compliance with AB 2188. Section 2.Title 17, Chapter 17.46, Section 17.46.220 of the Hermosa Beach Municipal Code is hereby amended to read as follows: Solar energy systems—height limit exception and streamlined permitting. Solar energy systems shall be permitted, installed and constructed in conformance with the following: A. Purpose: To promote the use of solar energy systems in accordance with State law while protecting the public health and safety. B. Definitions: 1. “Ancillary solar equipment” means any accessory part or device of a solar energy system that does not require direct access to sunlight, such as batteries, electric meters, AC/DC converters or water heater tanks. Page 2 of 4 2. “Small residential rooftop solar energy system” has the meaning set forth in California Government Code Section 65850.5(j)(3). 3. “Solar collector” means any part or device of a solar energy system that requires direct access to sunlight and is typically located on the roof top, such as solar panels and solar hot water or swimming pool heaters. 4. "Solar energy system" has the meaning set forth in California Civil Code Section 801.5(a). C. Development Standards: 1. Solar collectors and solar energy systems may exceed the height limits mandated by this Code to the minimum extent necessary for their safe and efficient operation in accordance with the California Building Code and other applicable provisions of state law. 2. Where feasible, solar energy systems shall be integrated into the design of the structure as an architectural element. 3. Where feasible, roof-mounted solar energy systems shall be located in such a manner as to ensure emergency access to the roof, provide areas for smoke ventilation opportunities and provide emergency egress from the roof. 4. Where feasible, ancillary solar equipment shall be located inside the building or screened from public view. 5. Solar energy systems shall be erected in a secure, wind resistant manner and maintained in good condition. 6. Other applicable development standards in this Code may be modified by the Director in the case where compliance would demonstrably reduce the operating efficiency or performance of a solar energy system and compliance will not adversely impact public health and safety. 7. The provisions of Section 15.04.084 of this Code shall apply to rooftop solar energy system installations. D. Streamlined Permitting: Page 3 of 4 1. An administrative permit issued pursuant to Chapter 17.55 of this Code shall be required for small residential rooftop solar energy system installations. 2. The Director shall process applications for small residential rooftop solar energy systems in an expedited and streamlined manner, meaning that within forty-five (45) days of receipt of a complete application, an administrative permit shall issue for any small residential rooftop solar energy system satisfying the following criteria: (a) The small residential rooftop solar energy system satisfies the eligibility criteria set forth in the expedited streamlined permitting checklist adopted by the City in compliance with the Solar Permitting Efficiency Act; (b) The City has received a complete application satisfying the requirements of all applicable solar energy system permitting checklists; and (c) The installation passes an inspection. 3. Decisions of the Director under this Section may be appealed to the Planning Commission pursuant to Section 17.55.050. 4. Applications for permits required by this Section and associated documentation may be submitted electronically, and an applicant may provide an electronic signature in lieu of a wet signature. 5. Solar energy systems other than small residential rooftop solar energy systems are not eligible for streamlined permitting under this Section. Section 3.The solar energy system permitting checklists created by the Director of the Community Development Department are approved. The Director is hereby directed to publish the streamlined permitting checklist and associated documentation on the City’s Internet website and take all other actions reasonable and necessary to comply with the Solar Permitting Efficiency Act. PASSED, APPROVED AND ADOPTED this __ day of _____________, 2015. ____________________________ MAYOR Page 4 of 4 Attest: _______________________ City Clerk Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0639 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 ENFORCEMENT OF THE PUBLIC PLACES SMOKING PROVISIONS OF THE MUNICIPAL CODE (Community Development Director Ken Robertson) Recommended Action: Direct staff to focus on education and outreach before pursuing pro-active enforcement as discussed below. Background: The City adopted Section 8.40.020 “Prohibition of smoking in public places”(Attachment A -Entire Section)in December of 2011.This ordinance prohibited smoking in various places throughout the city with an emphasis on the downtown area; the beach, The Strand, the Pier and Pier Plaza. On September 24th,2014 Council directed Staff to work with the Los Angeles County Health Department,Beach Cities Health District and business community and stakeholder’s to identify appropriate options for further consideration regarding expanding the ban on smoking in public places, reducing sales of tobacco to minors, and/or restrictions on smoking in multi-family housing. This was in response to receiving a “D”grade in the American Lung Association “State of Tobacco Control 2014”report card on efforts to combat the effects of tobacco use where we live,work and play.A new ordinance will also be considered on this Council in response to this direction to specifically address tobacco sales to minors and to update the definition of smoking to include e- cigarettes. The existing ordinance (Section 8.40.030) calls for “Smoking” or “No Smoking” signs to be clearly, sufficiently and conspicuously posted in every building or other place where smoking is regulated by this article, by the owner, operator, manager or other person having control of such building or other place. It also gives (Section 8.40.040) the Chief of Police the responsibility of enforcement, as well as delegating the “Duty to Inform” to employers, owners, operators, managers or employees the duty to inform violators of such violations. Finally, Section 8.40.050, as recently amended, provides that violations of this chapter shall be a misdemeanor. Further, the Ordinance (8.40.040) details “Civil Action” and “Injunction” as possible methods to address violators. Hermosa Beach Printed on 8/20/2015Page 1 of 3 powered by Legistar™ Staff Report REPORT 15-0639 Analysis: While the City has posted some “No Smoking”signs on public property as applicable,there has been no effort to verify or ensure that Section 8.40.030 has been complied with inside businesses.Since the enforcement of the smoking ban is contingent on “clear,sufficient and conspicuous”signs to be posted,the enforcement becomes problematic,as to pursue a citation we would need to demonstrate to the hearing officer or judge that the violator was informed of the violation via clearly posted signage. In February of 2014,Staff created the “Downtown Night Enforcement Team”(DNET)to help address concerns from the public and Council about activities in the downtown area, particularly after dark. This multi-department team includes Police,Fire,Community Development,Public Works,and the City Prosecutor.Their primary task is to coordinate the various departments involved to identify and resolve ongoing issues in the downtown area with a “holistic”approach;to look at the big picture for ways to correct the minor incidents that in sum create a larger problem. Also since February of 2014,the Police assigned a CSO to assist in downtown code enforcement on Fridays and Saturdays.This added noise,encroachment and CUP violation inspections to the established duties of;alcohol violations -minors and open containers,public nuisance -primarily urinating in public,monitoring parking lot security,handling vehicle impounds,and working with the taxis to enforce parking/traffic regulations,“bandit”and other non-permitted cab activities,and monitoring cab stand security. In March,2014,the City hired a full time Code Enforcement Officer to work weekends and evenings. This was the first time in decades that Hermosa Beach had a CEO working when the rest of City Hall was closed.Duties include;Noise,CUP and encroachment violations,trash cans,construction work without permits or outside of approved hours, NPDES, signs and investigation of complaints. Once the CEO was trained,the CSO was free to concentrate more on the duties established for that position and the CEO took over the monitoring of downtown restaurant CUP and other violations. While the focus of the DNET field team (two people,limited hours)has been primarily on late night establishment activities,regulating taxis and other “big picture”issues,educating the public as to the smoking regulations,bicycle parking and pier activities have been added to their duties in recent months. Rather than strictly focusing on enforcement,the DNET team determined that education and outreach about where smoking is banned,including clearly identifying where smoking is allowed, would be a more effective activity to focus our limited resources.Staff has also involved the Beach Cities Health District (BCHD)for assistance.They are exploring support options in order to provide technical assistance in education,marketing and potential grant funds for improving the designated smoking areas. Some of the potential projects include developing a marketing plan that educates visitors about the smoking ban,while providing direction to the designated smoking areas.A particular focus will beHermosa Beach Printed on 8/20/2015Page 2 of 3 powered by Legistar™ Staff Report REPORT 15-0639 smoking ban,while providing direction to the designated smoking areas.A particular focus will be designing collateral educational material,such a drink coaster,for Pier Plaza restaurants and the hostel.Another area of focus will be the taxi strands.BCHD may look to engage youth in the marketing program and possibly have their ambassadors educate local businesses and their employees. Funding may be sought for improving the designated smoking areas.Improvements may include directional signage and making these areas more inviting,so that those who choose to smoke will be more apt to use the specifically designated areas instead of smoking in the ban zones.BCHD will work with the city to identify funding opportunities through the County.There is also an opportunity for small BCHD grant funds though partnering with a local non-profit. Additionally,staff met with Athens on 8/11 to discuss the large amount of trash on the plaza, including the large number of cigarette butts accumulating in the tree wells outside of some of the bars.The Athens contract does not include cleaning these areas which are part of the landscaping contract.Staff is following up with landscapers on Pier Plaza to ensure they are cleaning these areas and with greater frequency. Conclusion Implementation of the smoking regulations is still in the education and outreach stage. While a handful of Citations have been issued, those have only been to people who became belligerent and refused to extinguish their smoking materials or move to areas where it is not prohibited. Officers, who have made contact with smokers, report that approximately 90% of them are visitors who are not aware of our rules. The consensus of the DNET team is that it is best to take a holistic approach by working with BCHD to educate and motivate people to conform to the smoking regulations. Respectfully Submitted by: Bob Rollins, Building/Code Enforcement Official Concur:Sharon Papa, Police Chief Ken Robertson, Community Development Director Shelli Margolin-Mayer, Economic Development Officer Kristy Morris, Environmental Analyst Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 8/20/2015Page 3 of 3 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0644 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 REPORT REGARDING INVESTIGATION OF THE CIRCUMSTANCES OF THE POLICE DEPARTMENT INTERACTION WITH CHRIS MILLER ON MARCH 3, 2015 IN FRONT OF THE STANDING ROOM AND RELATED RESPONSE (City Manager Tom Bakaly) Recommended Action: The City Council review the information set forth below and in the attachment to this staff report and receive and file. Background: On the evening of March 3,2015,the Hermosa Beach Police Department (“HBPD”)responded to a call involving a vehicle stopped in and obstructing a traffic lane on Hermosa Avenue directly opposite The Standing Room.It was election night and a large group of Measure O opponents were gathered at The Standing Room to celebrate the defeat of the Measure.Attached to the vehicle obstructing the traffic lane was a trailer carrying an electronic sign displaying anti-Measure O messages.During the time that HBPD officers were on the scene dealing with the vehicle owner,comments were directed to them by Chris Miller and others.Subsequently,the Police Chief sent a letter to the Chamber of Commerce dated March 23,2015 which included a description of the events of that evening. Chris Miller and numerous members of the public,many of whom were in attendance at The Standing Room the evening of March 3,took exception to the description in the March 23 letter,in particular the comments and behavior ascribed to Ms.Miller.Several of these residents objected to the contents of the letter at City Council meetings. In light of the discrepancies in the versions of what occurred on March 3,2015,Chief Papa commenced an internal investigation of the incident.An outside investigator,Donna Evans,was engaged to conduct the investigation.Ms.Evans has over 15 years of experience as an attorney in labor and employment law.Currently she operates her own legal practice limited to workplace investigations (Title VI,EEOC,FEHA,retaliation,and other allegations of misconduct),training, mediation and consulting. Thereafter,the City Manager engaged Ms.Evans to conduct a second investigation in further response to concerns raised regarding the Police Department’s overall response to the March 3Hermosa Beach Printed on 8/20/2015Page 1 of 3 powered by Legistar™ Staff Report REPORT 15-0644 response to concerns raised regarding the Police Department’s overall response to the March 3 incident.The objective of the investigation was to address the discrepancies in various reports of the events of that evening in order to understand more precisely what happened and to enable the City Manager to assess the Police Department’s response. The investigation involved interviews with approximately thirty persons and review of relevant documents and tape recordings.The recordings consisted of (i)two surveillance video recordings (without audio)that were obtained from The Standing Room and the Establishment,(ii)the recording of the KTLA 5 news crew live broadcast outside The Standing Room,and (iii)a video/audio recording from the vehicle mounted camera in Officer Brunn’s vehicle that the investigator discovered existed in the course of her interviews of HBPD personnel after the City had responded to various public record requests.The latter recording was digitally enhanced to enable clearer reception.The late disclosure of the recording is being addressed as a personnel matter. On July 28,2015,the City Council directed that a report be returned to the Council regarding the investigation commenced by the City Manager in order that the above issues be aired publicly and addressed by the Council. This is that report. The investigations are now complete.A synopsis of facts prepared by Ms.Evans is attached to this report.The synopsis provides a narrative of the events of March 3,2015 and the actions that followed in the ensuing weeks as ascertained by Ms.Evans.The synopsis is a chronological summary of the evidence obtained by Ms.Evans and represents her independent assessment of what occurred based on everything she compiled and reviewed in the course of her investigation.Ms. Evans was not commissioned to make recommendations or draw legal conclusions and the synopsis does not do so.Further,the synopsis does not constitute a report pertaining to the misconduct of any employee or draw from any evidence that would be considered confidential under the Public Safety Officers Procedural Bill of Rights Act (“POBRA”),Government Code section 8300 et seq.,or Penal Code Section 832,which mandate specific procedures governing the conduct of the law enforcement internal investigations and confidentiality of records generated therein.Further,the synopsis does not identify the names of witnesses, many of whom requested confidentiality. The synopsis enables the City Council and the public to understand better what happened on March 3.To the extent that weaknesses were exposed in the City’s response to public records requests in this instance,last month staff presented to Council a revamped procedure for assuring timely and accurate responses to those requests. To the extent that discipline of the City employees involved may be warranted as a consequence of these events,that matter is outside the purview of the City Council and is confidential.The Police Chief works directly for the City Manager;City Manager has reviewed the synopsis and has taken such actions as he deems appropriate.The Police Chief has received separate reports from the investigator addressing the behavior of her subordinate employees and has authority to take suchHermosa Beach Printed on 8/20/2015Page 2 of 3 powered by Legistar™ Staff Report REPORT 15-0644 investigator addressing the behavior of her subordinate employees and has authority to take such action as she deems appropriate.POBRA,the City’s personnel rules and the Memoranda of Understanding with the City employees’unions govern disciplinary actions of law enforcement personnel.While some members of the public have requested public airing of disciplinary matters, under these rules,that process is confidential and the City may not engage publicly in that process without potentially incurring exposure to liability. It is obvious that the foregoing events have engendered mistrust of the Police Department within the community.We need to take steps to restore trust and rebuild the good relationship that suffered some damage as a consequence of the Measure O ballot measure.As previously reported,the Police Chief is forming a police advisory board and will update Council on that project at a future meeting.As noted above,the City has recently implemented changes to the processing of public record requests and will be implementing other measures to assure transparency.Finally,it is hoped that the airing of this report will assist in bring closure to this issue and allow the community to heal and move on. Attachments: Synopsis of Evidence Respectfully Submitted by: Tom Bakaly, City Manager Hermosa Beach Printed on 8/20/2015Page 3 of 3 powered by Legistar™ 1 Synopsis of 2015 Investigation City of Hermosa Beach Synopsis of Evidence 2015 Investigation City of Hermosa Beach Donna R. Evans, Esq. 2615 190th Street, Suite 210 Redondo Beach, CA 90278 310.684.3528 310.356.3111 facsimile donnaevans.legal.gmail.com 2 Synopsis of 2015 Investigation City of Hermosa Beach I. Synopsis  of  Evidence On March 3, 2015, a municipal election was conducted in the City of Hermosa Beach (“City”). Measure “O,” proposed the adoption of an ordinance that would approve oil and gas drilling and production by E&B Natural Resources Management Corporations (“E&B”) in the City’s maintenance yard at 555 Sixth Street. Interest groups actively campaigned for and against Measure “O.” The Hermosa Beach Police Officers Association (“HBPOA”) took a position in favor of Measure “O” and paid for political advertisements that advocated passage of the measure to fund “more patrols on the street and fund salaries equal to other cities to attract the best qualified police to Hermosa Beach.” The measure was ultimately defeated by a 79% to 21% margin. The evening of the election, Measure “O” opponents held a celebratory party at The Standing Room (“TSR”) restaurant and bar on Hermosa Avenue. Guests at TSR watched live news feed of the proceedings in the City Council and cheered as the votes were tabulated. Shortly before 9:00 p.m. that evening, Hermosa Beach resident Ron Siegel parked a van in the number one southbound lane on Hermosa Avenue, across from TSR. Attached to Mr. Siegel’s van was a trailer that carried an electric road sign that flashed anti-Measure “O” messages. In response to a complaint call about Mr. Siegel’s vehicle received at approximately 9:38 p.m., Hermosa Beach Police Department (“HBPD”) dispatched Officer George Brunn to the location. Brunn arrived at 10:05 p.m. and pulled up behind Siegel’s vehicle. Community Service Officer Tony Papandrea also responded to the location, and pulled his vehicle in behind Officer Brunn’s unit. A KTLA 5 news crew was on the scene at TSR, and conducted a live broadcast of the celebration between 10:07 and 10:10 p.m. The broadcast recorded the party-goers pumping their fists and chanting “No on O” in the background as the KTLA reporter was delivering her news story. The “No on ‘O’” chanting was also picked up on the unit- mounted camera in Officer Brunn’s vehicle Measure “O” opponent Chris Miller was at TSR celebrating the defeat of Measure “O” and taking pictures. Video surveillance from a camera at The Establishment reveals Ms. Miller walking on the sidewalk and in the parking lane in front of TSR between 10:07 p.m. and 10:11 p.m. Just after the KTLA broadcast concluded, at approximately 10:10:01 p.m., Ms. Miller shouted several comments to the Police Officers. The last 10 seconds of that broadcast audio1 picks up Ms. Miller saying, “Boo….fuck off you guys…” Ms. Miller’s voice can be heard on the recording that was captured by the unit-mounted camera in Officer Brunn’s vehicle. Ms. Miller said, “Boo, yoo-ooo/pieu, losers, fuck off! You guys, you lost! You guys are sore losers. You are not going to get a pay raise— come at us!” Male voices can be heard and one voice stated, “losers.” Ms. Miller yelled 1 References to what is seen and heard on the KTLA broadcast and Officer Brunn’s audio and video recordings were gathered from recordings that were professionally cleaned up (see, Methodology). 3 Synopsis of 2015 Investigation City of Hermosa Beach out at least three separate times and her voice is the loudest and clearest of all voices recorded. After Ms. Miler’s statements, she can be heard to say, “woo…” Other voices followed her words and joined her in saying, “woo.” The audio from unit-mounted camera in Officer Brunn’s vehicle does not reveal, to the extent that voices on the recording can be distinguished, the precise phrases “fuck the police” and “there go your fucking raises.” Specific words said by people on the east side of Hermosa Avenue cannot be distinguished. Accordingly, the Investigator could not confirm or rule out everything that Ms. Miller or others might have said to the HBPD officers that evening. It was not possible to establish, by a preponderance of the evidence, exactly where Ms. Miller stood when she called out to the HBPD officers. It was also not possible to establish, by a preponderance of the evidence, where people stood when they responded to Ms. Miller’s comments. After CSO Papandrea issued Mr. Siegel a ticket, Mr. Siegel and the HBPD officers left the scene. Officer Brunn subsequently spoke with Mr. Siegel two times that evening. In the first conversation, as their vehicles were stopped on Pier Avenue, Mr. Siegel greeted Officer Brunn. Officer Brunn told Mr. Siegel that he appreciated Mr. Siegel’s effort “out there.” They amicably discussed the parking situation and Officer Brunn can be heard chuckling. The second conversation, over an hour later, was captured on Officer Brunn’s body audio recorder. In that conversation, Mr. Siegel thanked Officer Brunn for “putting up with all the nonsense, man. It has been three long years, so…” Mr. Siegel also said, “We gotta’ have our fun. It was worth the ticket. No hard feelings.” Officer Brunn told him that he wished Mr. Siegel had been able to find curbside parking and Mr. Siegel replied that they tried [to find it]. Mr. Siegel thanked Officer Brunn who in turn wished Mr. Siegel a good night. The Watch Commander made a written record of the incident in the HBPD Daily Activity Report, noting that, “while the Officer’s were doing their job Chris Miller was taunting them from the bar; then others began to join in. Saying, “Police are poor losers, because they’re not getting a raise.” (sic) On March 4, 2015, the incident was reported up the HBPD chain of command. On March 6, 2015, Chief Papa contacted the Hermosa Beach Chamber of Commerce Board Chairman, Mr. Hartley, to discuss the impact of Ms. Miller’s behavior on the HBPD. On March 6, 2015, Mr. Hartley discussed the incident with Ms. Miller. In their conversation, Ms. Miller told Mr. Hartley she did not know what had happened, that she would have to call someone else to see what had happened, and that she would accept responsibility if she had made the comments. Mr. Hartley told Ms. Miller that her behavior on March 3, 2015 was inappropriate and she would have to deliver a written apology to the Police Department. On March 6, 2015, Officer Brunn was directed to prepare a memorandum detailing the incident. Officer Brunn submitted an email detailing the event on March 11, 2015. The 4 Synopsis of 2015 Investigation City of Hermosa Beach email stated that Ms. Miller yelled, “… something to the effect: ‘Hermosa Beach Police Officers, Losers, There go your raises.’ This was repeated numerous times in a loud boisterous voice; which encouraged many patrons on the patio of The Standing Room to join in yelling ‘Fuck the Police.’” The report states that Officer Brunn recognized Ms. Miller from other City events and believed that she was a member of the Hermosa Beach Chamber of Commerce. Officer Brunn reported that an unknown male put his arm around Ms. Miller and guided her back toward TSR entrance. Officer Papandrea was also directed to prepare a report of the incident, which he submitted via email on March 11, 2015. Officer Papandrea’s email stated that he heard a female yell, “there goes your fucking raises,” and that her voice stood out among the others. His report noted that others yelled out, but he could not make out what they said. On March 11, 2015, Chief Papa and Ms. Miller spoke about the incident. Ms. Miller agreed to provide a written apology. In a letter to Ms. Miller dated March 18, 2015, Mr. Hartley placed her on a “Corrective Action Plan” that included a twelve month probation and again directed her to send a written apology to the Police Department. He noted the conduct at issue was Ms. Miller’s chanting, “You’re not getting a raise” several times and that additional people may have joined the chant “though they may not have used the same words.” Thereafter, Ms. Miller left a voice message for Chief Papa that stated, “I wanted to let you know I’ll be writing my apology letter to you tomorrow. I had to wait until the Board meeting today to get permission to discuss this. I had signed a confidentiality agreement there and I just wanted to let you know I’m sorry for the delay but I will send that to you first think in the morning, Thank you and you have my number, or it’s xxx-xxx-xxxx. Thank you.” On March 20, 2015, Ms. Miller sent a letter to Chief Papa and offered an explanation for her behavior as expression of her personal opinions and not those of the Chamber. Ms. Miller’s letter said she had gotten caught up in the celebration and had expressed a personal opinion in response to “advertisements circulated in the public media.” She said her comment was not a reflection of the Chamber, and she was not representing the Chamber at that time. Ms. Miller’s letter does not include any apology. Mr. Hartley subsequently followed up with Chief Papa to inquire whether Ms. Miller’s apology had been received. Chief Papa’s letter of March 23, 2015 followed Mr. Hartley’s inquiry. In that letter, Chief Papa described Ms. Miller’s March 3, 2015 comments exactly as they were described in Officer Brunn’s March 11, 2015 report. Chief Papa’s letter stated that Ms. Miller had not apologized for her behavior and asked the Chamber Board to address the matter. Chief Papa stated that unless a written apology was received, it would be assumed that the Chamber condoned Ms. Miller’s unprofessional conduct. On April 2, 2015, the Chamber Board held a special meeting and voted unanimously to 5 Synopsis of 2015 Investigation City of Hermosa Beach remove Ms. Miller from the Board. She was given the opportunity to resign (in lieu of dismissal) if she sent a written apology, but she did not make any apology. Ms. Miller told the City Council in an April 14, 2015 letter that the only comment she had made on March 3, 2015 was “No raises today.” Ms. Miller sent an email to the Investigator on May 4, 2015, in which she stated that the only words she said to the “metermaid” were to facetiously call out “that there would be no raises today.” Ms. Miller has told others that was the only comment she made to HBPD officer that evening. Ms. Miller’s statements are contradicted by the recording from the unit-mounted camera in Officer Brunn’s vehicle and by the final seconds of the KTLA 5 broadcast. II. Methodology   The Investigator interviewed twenty-nine persons in connection with the incident of March 3, 2015. The witnesses included several City employees, a representative of the Chamber of Commerce, a local businessperson, and numerous persons present at TSR on March 3, 2015. The majority of the interviews were conducted in person and audio recorded. Three witnesses were interviewed telephonically because of scheduling and availability issues. The Investigator had follow-up conversations with witnesses when it was necessary to clarify issues. Conclusions and factual findings based upon the witness interviews are integrated into the body of Investigative Summary Report. Ms. Miller and Mr. Siegel refused to meet with the Investigator to discuss the incident. The Investigator reviewed videotapes (without audio) from the surveillance cameras at the Establishment and TSR. The Investigator also reviewed the video and audio recording from Officer Brunn’s vehicle mounted camera. The Investigator also reviewed an audio recording captured by Officer Brunn’s body audio recorder, which picked up a conversation he had with Mr. Siegel more than an hour after the incident on Hermosa Avenue. The Investigator also reviewed and considered the KTLA 5 broadcast from TSR the evening of March 3, 2015. The Investigation was limited by the quality of the video and audio recordings, which made it impossible to hear and clearly distinguish all remarks directed at HBPD that evening. Professional audio and video enhancement was performed on the recordings to enlarge then as well as clean up and quiet background noises. The Investigator also used Audacity software to assist with deciphering the audio portions of the recordings. The Investigator considered the fact that many witnesses were adamant that Ms. Miller had never used the word “fuck” that night and that some stated they never heard anyone taunt the HBPD officers from TSR that evening. The recordings of the incident contradict those observations. It is highly likely that these witnesses were not near enough to Ms. Miller to clearly hear her comments when she made them. Ms. Miller’s comments commenced as the KTLA live broadcast concluded. Some of these witnesses were inside TSR when Ms. Miller and others called out to the HBPD officers 6 Synopsis of 2015 Investigation City of Hermosa Beach and the witnesses were therefore unable to hear all comments made to HBPD officers that evening. This Synopsis does not set forth any findings regarding any allegations of misconduct by any HBPD personnel. This Synopsis does not reach questions of law as to whether the conduct of any HBPD personnel violated any applicable laws or City policies, but instead addresses whether certain specified conduct occurred. The evidentiary standard used by the Investigator in reaching conclusions and findings in this report is that of a preponderance of the evidence, that is, it is more likely than not that the conduct occurred. ////// ////// ////// ////// ////// ////// ////// ////// ////// ////// From: jhausle@juno.com [mailto:jhausle@juno.com] Sent: Tuesday, August 25, 2015 4:04 PM To: City Council; City Clerk Subject: March 3, 2015 I would like this to be part of the records for tonights council meeting. After reviewing the synopsis and quality enhanced audio from March 3rd at the Standing Room I feel the Chief Of Police, City Manager , and The Chamber of Commerce owe the community a public apology. The police chief over reacted and could have easily diffused the situation but, instead she chose to let it escalate to inappropriate levels. The so called investigation has been going on for well over 4 months with a conclusion of no benefit. Donna Evans stated that the witnesses she interviewed were not close enough to hear anything that was under investigation: a chant "F**K the police!" Officer Brunn was even farther away. How could he hear something like that being stated so clearly? There has been way too much time wasted on this situation. Clearly the investigation was lengthy in hopes that the community would just forget about it. "No on O" never had the opportunity to celebrate all their hard work with this investigation cloud hanging over the community. Please recognize this as an issue that was overblown. Mistakes have been made . Let's move on. You can help bring our community back together. Thank you, Jackie Tagliaferro From: Katrina Bacallao [mailto:katsmeow@mindspring.com] Sent: Tuesday, August 25, 2015 4:39 PM To: hbcitycouncil@hermosabch.org Cc: Tom Bakaly; Elaine Doerfling Subject: Public Comment Please include this email in public comment. Thank you. QUESTIONS FOR CITY COUNCIL CITY COUNCIL * Is the City Council approving the policy/procedure in which our Chief of Police makes an accusation against a citizen to an employer/organization without an actual investigation - rather than directly to the citizen? * Does the City Council accept that actions/threats can be made by our PD against an organization if an officer or our Chief of Police does not approve of a citizen's alleged actions or statements? * Why does the City continue to call this the Chris Miller issue? This issue is not the Chris Miller issue, it a police misconduct issue. Chief Papa sent Ken Hartley (Chamber of Commerce) a letter stating that community members at the TSR on the night of March 3rd yelled "Fuck the Police". * Am I to expect a letter from the HBPD to my employer or other organizations if I say something vulgar or derogatory towards the police? Is this a standard policy that a CIty employee can contact my employer to complain about an opinion regarding my behavior or a preconceived and unproven opinion about my behavior? * When will community members at the TSR on the night of March 3rd get a formal apology from Chief Papa? * Has the City Council heard the audio track from the night of the March 3rd incident? In the Synopsis (pages 3 & 4) Donna Evans writes: On March 6, 2015, Officer Brunn was directed to prepare a memorandum detailing the incident. Officer Brunn submitted an email detailing the event on March 11, 2015. The email stated that Ms. Miller yelled, “...something to the effect: ‘Hermosa Beach Police Officers, Losers, There go your raises.’ This was repeated numerous times in a loud boisterous voice; which encouraged many patrons on the patio of The Standing Room to join in yelling ‘Fuck the Police. ’” No one yelled "Fuck the Police" that night. TOM BAKALY * Was Donna Evans aware of the quotes that were posted on the back of Ron Siegel’s car (ie. Pack up E&B, Go Home)? * Has Tom heard the 'cleaned up' audio? Where on the tape does he hear the 'F' word? If so, how does he justify Donna's final findings as being impartial? * Does Tom admit that he said, "Chris Miller needs to be taught a lesson?” * Was Audacity software the only enhancement that was used? * Have Ms. Evans reports ever been rejected or revised after her final summary has been concluded? * Why was the enhanced video of KTLA not mentioned in Tom’s report? * Who performed the professional enhancement, what are their qualifications, and what was their method of audio enhancement? * "The Investigator considered the fact that many witnesses were adamant that Ms. Miller 
had never used the word “fuck” that night AND that some stated they never heard 
anyone taunt the HBPD officers from TSR that evening. The recordings of the incident 
contradict those observations." Why are these two statements being bundled as a contradiction when there is no audio or video evidence that the word "fuck" was used? These observations are independent and should be reported on as such. CHIEF PAPA * Was Chief Papa aware of officer Brunn's 2003 lawsuit that arose from him falsifying facts? * In Chief Papa's letter to Ken Hartley, what did she mean when she threatens the Chamber of Commerce's "partnership". What does the Chamber have to do with the HPBD, especially March 3.? * Why did Chief Papa take the actions she did between March 4th and March 6th against Chris Miller with no written report from Officer Brunn? The written reports from Brunn and Papandrea were not submitted until 7 days later, on March 11th. * Why did Chief Papa and Officer Brunn fail to disclose the existence of the dash board cam recording of the incident, when residents and Council specifically requested all recordings be made available? * Why is the Police Advisory Board being formed with participants selected by the Chief, when her actions are at the core of this problem? * Can you hear the F word in that recording from Officer Brunn’s vehicle? * How do you reconcile the fact that the Watch Commander never recorded the “F the Police” incident in the Daily Activity Report of March 3rd? * Did the Watch Commander forget to write down the most important and critical part of this issue in the Daily Activity Report? * Did it take 8 days for Officer Brunn to come up with this fabrication or did he just forget to state it to the Watch Commander on the night of March 3rd? * On several occasions Officer Brunn claimed that he knew Chris Miller, however a witness testified that she was questioned by Brunn regarding Chris Miller’s name. There is also audio footage of Brunn saying Chris Miller’s name into the dash cam, perhaps so that he would not forget. * Why was Ms. Miller denied access to the evidence against her when she asked for it in a phone conversation with Chief Papa? * When is the Chief going to retract her statement that community members at the TSR on the night of March 3rd yelled "Fuck the Police"? Please answer these questions. Thank you. Katrina Bacallao katsmeow@mindspring.com Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0635 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 STATUS REPORT RELATED TO STRAND & PIER DEVELOPMENT PROJECT (Community Development Director Ken Robertson) Recommended Action: To receive and file. Background: At the July 28 meeting during “other matters”, Councilmember DiVirgilio brought up this issue as follows: COUNCILMEMBER DIVIRGILIO REQUESTS SUPPORT IN DIRECTING STAFF TO RETURN AT THE AUGUST 25, 2015 CITYCOUNCIL MEETING WITH A FOLLOW UP DISCUSSION ANDSTATUS REPORT RELATED TO THE STRAND & PIER DEVELOPMENT PROJECT Council members Fangary and Petty concurred for staff to return with this item. The developer indicates that detailed project revisions will be submitted to the City sometime in late September or early October consistent with the concept presented to the Council on July 16. This submittal will start the project’s environmental review process. Staff also intends to bring the consultant contract to prepare the EIR to the September 24 Council meeting. The EIR public review process and project approval process will afford the public, Planning Commission and the City Council ample opportunities to provide input on the project, and to fully inform the Commission and Council in the decision making process. Respectfully Submitted by: Ken Robertson, Community Development Director Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ Supplemental from H. Longacre to the August 25, 2015 Regular Council Meeting Item 6-c Re: Council's Strand & Pier Hotel Discussions Violating the Brown "Open Meeting" Act Page 1 of 2 Supplemental To Municipal Item 6-c Re: Council's Strand & Pier Hotel Private Discussions Violating the Brown Act City Manager's office, City Clerk: This is supplemental testimony for Municipal Matters Item 6-c of the August 25, 2015 regular 7-PM City Council meeting. Please advance copies to those listed, at the meeting, and announce as supplemental material for the public and press. Please also post with the agenda materials on the Internet. Thank You. August 25, 2015 To: Councilmembers (Peter Tucker, Michael DiVirgilio, Nanette Barragan, Carolyn Petty, Hany Fangary), City Clerk, City Treasurer, City Manager, Assistant City Manager, Finance Director, Community Development Director, Public Works Director, Police Chief, Fire Chief, and contract-City Attorney From: Howard Longacre, a Hermosa Beach Resident Re: Council's Strand & Pier Hotel Private Discussions Violating the Brown "Open Meeting" Act Honorable Councilmembers and others: The following are my comments, given freely, and they are entirely my views and opinions on everything I've stated herein. The present city council evidently includes four, possibly five, self-appointed pseudo-city- planners. The council has clearly been violating California's Brown "open-meeting" Act by serially, for some 2 years now, along with their facilitating City Manager Tom Bakaly, having had repeated individual private meetings and networked discussions with two downtown hotel- developer/landowners. De facto non-posted nor agendized serial meetings by 3 or more council members are illegal by California law, and they know it. Some or all of the councilmembers clearly have been doing all possible behind the scenes to scheme and modify the city's new General Plan update, zoning laws reducing parking requirements for downtown developments, and most-unfortunately have evidently concurred to cut off Hermosa's important public, open-air, walking and biking passageway, historic Beach Drive between Hermosa's north residential-sand-section and its south residential-sand-section, as connecting to and through Pier Plaza. Supplemental from H. Longacre to the August 25, 2015 Regular Council Meeting Item 6-c Re: Council's Strand & Pier Hotel Discussions Violating the Brown "Open Meeting" Act Page 2 of 2 This is more than evident with the councilmembers' tacitly-implied, private, all-but-signed agreements, given to the two professional, wheeler-dealer, deep-pockets developers who they've in fact been schmoozing with to close off Beach Drive, thus giving significant free added financial benefit to a private interest(s), and enabling the building of a far-too- intensive and egregiously out of scale, downtown, high-impact hotel developments that cannot possibly meet present zoning law. Instead of doing all possible to intelligently lower downtown commercial density and reduce unneeded, late-night liquor-drinking activity, along with its costly residential and city-bureaucratic impacts, by instead beautifying the gateway Beach Drive with daytime, beach-oriented shops, for walking and casual biking, Hermosa's present arrogant, secret, self-aggrandizing, and small-minded council is aiming to relegate the city's south sand section residents and businesses as being the dregs of Hermosa Beach, from the north sand section as being the de facto exclusive part, and by turning Pier Plaza into one solid drinking slab of chaos and drunks from Hermosa Avenue to the Strand. It's implied right in the latest Pier & Strand hotel "hen-scratch" propaganda renderings. (See Easy Reader 7/23/15) "http://www.easyreadernews.com/101994/strand- pier-developers-adapt-hermosa-beach-hotel-plans-to-local-feedback/" This secret plan to give-away and block off historic Beach Drive by Hermosa's present, de facto law-breaking Hermosa city council is unacceptable and should outrage anyone with a modicum of intelligence. Under no circumstances should the Council facilitate and legitimize a project that clearly does not meet present zoning in virtually all respects, eliminates a city street that has had no discussion of being eliminated, and permit and be a part of an illegal EIR process as such. This is more than outrageous, it shows that Hermosa's City Council are above all else in this community. No one on council, especially Ms. Petty is a financial genius, nor are any of you city planners, or trained as such. Further, there have been no studies as to whether the residents of this city want their residential property values to continue to be held back some 40% behind those of Manhattan Beach because of the last 30-years insane, never- ending, obsession to facilitate the downtown as a high-impact tourist-trap with liquor flowing in the streets 24/7. *** End of Supplemental *** Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0575 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 REVISIT OPERATION CLEAN SWEEP RELATED TO SIDEWALK/PORTABLE TYPE SIGNS (Economic Development Officer Shelli Margolin-Mayer and Building/Code Enforcement Official Bob Rollins) Recommended Action: 1. Direct Staff to prepare a code change and specific standards and regulations in order to allow and regulate the use of A-frame signs in front of storefront retail and restaurants. 2. Deem A-Frame signs a low enforcement priority while staff is preparing this code change for regulating the use of A-Frame signs, with a tentative plan to return to Council with recommendations in early 2016. Alternative: Receive and file (retaining current prohibition) Background: “Clean Sweep” is a code enforcement program that was generated in response to complaints about retail signage and display clutter in the Downtown. Currently, the enforcement program begins with a notice that is hand delivered to business, giving them two weeks to comply with City signage regulations. A-frames signs are regulated under the Signage ordinance 17.50. 070, 7. B. - 2, prohibiting such commercial signage “… including portable signs, A-frame signs or sidewalk signs.” Pursuant to the City Council direction at the July 26, 2011 and September 27, 2011 Council meetings, staff prepared options and possible standards for allowing portable signs, as part of a Planning Commission comprehensive evaluation of outdoor retail sales/displays and portable signs on public right- of-way. On February 12, 2012, the Planning Commission voted to “Retain current prohibition on outdoor retail sales/displays and portable signs on public right-of-way.”The Commission voted at the time to recommend that the Council continue a prohibition on portable signs and retail sales/display areas on the public right-of-way due to (1) demonstrated significant impacts on aesthetics and creation of visual blight as businesses ‘push the envelope’ as they compete for customers; (2) difficulty in creating an enforceable standard defining an aesthetic that is ‘tasteful’; (3) the City’s lack of resources to enforce regulations particularly on Friday through Sunday; and (4) the prohibition being consistent with the Hermosa Beach Printed on 8/20/2015Page 1 of 2 powered by Legistar™ Staff Report REPORT 15-0575 policies of many similarly situated southern California beach cities. Since the Commission was in favor of maintaining the prohibition on retail displays and portable signs on the right-of-way, a formal text amendment to allow these activities was not prepared. On April 24, 2012 the Council "referred the matter of maintaining the prohibition on outdoor retail sales/display areas and portable signs back to the Planning Commission with City Council feedback, including consideration of an annual (revocable) permit cycle based on successful practice, with standards to ensure an appealing rather than swap meet appearance” On June 19, 2012 the Commission considered specific standards for allowing retail sales/display areas. However, after consideration of those standards, the Commission reaffirmed its prior recommendation to maintain the current prohibition. Analysis: With the March 24th, 2015 approval of outdoor retail on Pier Plaza and additional Code Enforcement staff, Council may want to revisit allowing regulated portable retail signs. The purpose of outdoor retail portable signs is to draw attention to the business and to let people know it is open for business. While large displays of one or two businesses, or displays by a cluster of businesses, can create a chaotic appearance, carefully tailored standards could reduce a cluttered effect while maintaining the sidewalk for pedestrian use. In addition, placement of outdoor signs by a number of businesses can also create a synergy that attracts economic activity. Conversely, creating a set of regulations describing what is allowed, and enforcing those regulations can be difficult. If directed staff will prepare a draft ordinance for the Planning Commission to again review and recommend on any changes to the zoning ordinance. In the meantime, if directed by Council, enforcement of portable sign violations would be a low priority, although code enforcement would still respond to complaints and use discretion when portable signs become excessive, block sidewalks, or create safety hazards. Attachments: 1.April 24, 2012 Planning Commission Staff Report 2.City Council Resolution 12-6812 (No Portable Signs R-O-W) Respectfully Submitted by: Shelli Margolin-Mayer, Economic Development Officer Bob Rollins, Building/Code Enforcement Official Concur: Ken Robertson, Community Development Director Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 8/20/2015Page 2 of 2 powered by Legistar™ From: Lori Ford <Lori@gumtreela.com> Date: August 25, 2015 at 5:07:59 AM PDT To: Tom Bakaly <tbakaly@hermosabch.org>, Ken Robertson <krobertson@hermosabch.org> Cc: Michael di virgilio <mdivir@gmail.com>, Councilmember Carolyn Petty <cpetty@hermosabch.org>, Hfangary <hfangary@hermosabch.org>, Peter tucker <peter@electpetertucker.com>, Nanette Barragan <nbarraga@hotmail.com> Subject: Plastic Bags and A-Frames Hello Hermosa Beach Council Members, I plan to attend the council meeting tonight to give my opinion during public comment on both the Plastic Bag ban and the A-Frame sign issues. But with only 3 minutes and a lot to say, I thought it might be helpful to you to have this in an email. Plastic Bag Ban— First, let me say that I had always been in favor of the Plastic bag ban as it is written and has been adopted in Los Angeles County and in our neighboring city of Manhattan Beach. Unfortunately, it has been brought to my attention that Hermosa has decided to put a blanket $.10 surcharge for paper bags on ALL retail establishments, and just to be clear I am completely opposed to this part of the ordinance. Since the day we opened, almost 7 years ago, I have been purchasing recycled paper bags, wrapping paper and tissue paper for our shop, and eco friendly recycled paper food containers, bags, biodegradable silverware, and cups for our cafe. We spend more money on these products because we care about our environment and this is a choice we have made. In addition during the holidays we give out reusable Gum Tree jute bags, which cost me a small fortune. Then we run a series of promotions throughout the year to reward the customers for coming to shop with their reusable Gum Tree jute tote... Asking our customers to now pay us a surcharge of 10 cents on a paper bag that we have been giving them for 7 years makes no sense at all. Furthermore, if we are now charging for these bags, does that bring them into my cost of goods sold instead of my expenses? So now a cost of doing business that was previously a write off, which we need to stay alive in this competitive market, is added to my income sheet instead, and I will be further taxed on it? How do you intend to police this policy? Will I have to spend even more time filling out forms for the city of Hermosa Beach, and working with my accountant to get you reports of amount of bags sold? It is hard enough for those of us with small retail businesses to compete with our neighboring cities, and our online counterparts. Why would you take this step to make it harder? The law was written the way it was, to encourage grocery stores and larger retail shops/pharmacies who sell food products, to charge 10 cents a bag for a number of reasons, not least of which is that the grocery stores lobbied for it to be this way, they now make a profit on their bags. Believe me, I will not make a profit on these bags. They can buy their bags in huge bulk at severely discounted prices, I, and other small retailers, cannot. It’s an insult to my customers to be charged this fee when they are trying to support small business in their own small town. They can head right over to Manhattan or Redondo or El Segundo to shop instead at retailers who are not doing business in a city that makes everything so much harder than it needs to be. A-Frames— Speaking of making things harder than necessary we need A-Frame signs in front of our businesses! I just returned from NYC on a business trip. One of the most charming things about the city is the personality that spills onto the sidewalk from the businesses. And people actually walk everywhere in the city, they are out on the sidewalks! Many businesses used A-Frame signs, and even more were using plants out on the sidewalk to create atmosphere and draw attention to their businesses. See some photos attached. It is proven that A-Frame signs draw in walking traffic. They can add character to a stretch of upper Pier Avenue, where Gum Tree Kids is located, that is otherwise empty. We can advertise specials, sales, what we have inside, sometimes it’s just that little bit of text that brings them in. Your Hermosa 5-0 program has been putting an A Frame sign out on the community center lawn during this entire ban…they do so because they want people to know what they have to offer inside the community center. Has your code enforcement officer been giving them warnings and citations on her rounds? I understand there are challenges with A-Frames, but there are solutions too. Make sure to only allow one sign per business, give specific dimensions that the signs need to comply to. Dictate where signs are to be placed, should they be flush with your building or out in the space near the street where there are already trees and parking meters. If you feel you need to be more involved in controlling the look of the signs then make it a permitted process just as you do window signs and banners. I would gladly pay $50-100 a year for a permit for my A-Frame sign. Please see a couple of helpful articles below on the benefit of A-Frames on our sidewalks. http://www.citylab.com/work/2012/02/sandwich-board-makes-comeback/1277/ http://smallbusiness.chron.com/benefits-sidewalk-signs-39316.html I hope you will consider my thoughts when you vote this evening. I sat in a meeting the chamber facilitated for Retailers back in April…Every retailer in the room said they wanted A-Frames back, we represented about 17 downtown businesses in that room, your economic development director was present, and every single business wanted signs back. Look at your Community dialogue tool, being business friendly is one of Hermosa Beach's top priorities. It comes up in nearly every General Plan meeting I attend, it came up in every Community Dialogue meeting. Our community wants independent small businesses in town, these kinds of regulations only make it harder for our kind of businesses to survive and thrive here. I am writing this email at 4:40am because that’s when I’m awake and not at work or spending time with my family. I do not have time to attend meeting after meeting to discuss the same things over and over again. I believe I have now attended no fewer than 8 chamber or city meetings specifically about A-Frames in the last 5 years, and it looks like even if you decide tonight they are a good idea I will sit in at least another 2 or 3 meetings with the planning commission, city staff and back to council…we have missed the summer season and risk missing the holiday season too. I am running 3 businesses on Pier Avenue, sitting on the Board of the Chamber of Commerce and working on your General Plan. I am a stakeholder in this community, and I love Hermosa Beach. I hope you know that I am not only speaking for my small business, but for many others in the community as well. Thanks for your time. Lori Ford Think Globally, Shop and Eat Locally! www.gumtreela.com 310.376.8744 Shop From: "Gina Rothwell" <gina@sol-baby.com> To: "'Lori Ford'" <Lori@gumtreela.com>, "Tom Bakaly" <tbakaly@hermosabch.org>, "Ken Robertson" <krobertson@hermosabch.org> Cc: "Michael DiVirgilio - External" <mdivir@gmail.com>, "Carolyn Petty" <cpetty@hermosabch.org>, "Hany Fangary" <hfangary@hermosabch.org>, "Peter Tucker - External" <peter@electpetertucker.com>, "'Nanette Barragan'" <nbarraga@hotmail.com> Subject: RE: Plastic Bags and A-Frames Good morning, I would like to thank Lori for writing this email and explaining her thoughts and opinions. I agree with everything she mentions and would like to further express my view on the plastic bag ban. I personally do not use plastic bags in my shop, so that is not an issue. However, I do (also) specifically buy recycled, kraft paper handle bags. I have always offered free gift wrapping at my shop, and the majority of the time it entails using tissue and a branded handle bag. One of the selling points to many of my customers is the fact that they will be able to come in, buy a gift and have it wrapped using a Sol Baby bag. They are not only relieved they don’t have to wrap it themselves, but also enjoy the fact that they are giving a gift from their local shop and WANT the branding. This extra customer service and attention to detail is what sets me apart from Gymboree and other kids chain stores and help me stay competitive. I would never ask my customers for the 10 cents, so now I would be paying even more to give them this service, thus eating into my profits. Will my (legal) alternative be to use one of my recycled kraft boxes now instead to gift wrap every item, which cost me way more money and obviously waste much more paper? That doesn’t seem good for business or the environment. Many of my customers are conscientious people and try and save a bag when they can. I am really just concerned about my gift wrapping service being compromised. As far as the A-frames go, I love the pictures that Lori shared of New York. That’s EXACTLY what I envisioned and hoped for after the big upper pier beautification project and widened sidewalks. That the eclectic, charming flavor of our little Hermosa would be able to be seen from cars driving by to people walking on the streets, like Abbott Kinney in Venice, or even Riviera Village for that matter. I don’t necessarily need an A-frame for my shop, as I have a chalk board on the wall in my entry way, but I think it’s important to create that feeling in town and allow a regulated sign to go outside of a business who wants one. I don’t understand what the hold up is. If there’s ever a chance to put a small sale rack outside though, let me know ;)! Thank you, Gina Rothwell Sol Baby Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0615 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 REQUEST FROM THE CITY OF REDONDO BEACH TO RENAME ARTESIA BOULEVARD TO REDONDO BEACH BOULEVARD (Andrew Brozyna, P.E./Director of Public Works) Recommended Action: It is recommended that the City Council oppose the renaming of Artesia Boulevard to Redondo Beach Boulevard within the City of Hermosa Beach, and direct staff to prepare a letter to the City of Redondo Beach opposing the renaming of Artesia Boulevard to Redondo Beach Boulevard. Background: On November 15, 2011, the Redondo Beach City Council voted for a motion to rename Artesia Blvd in Redondo Beach, Hermosa Beach, Manhattan Beach, and Lawndale to Redondo Beach Boulevard from Hawthorne Blvd to Pacific Coast Highway. On November 16, 2011, the City of Redondo Beach sent letters to the City of Hermosa Beach, City of Lawndale, and City of Manhattan Beach to solicit opinion on restoring Redondo Beach Boulevard by renaming Artesia Boulevard between Hawthorne Boulevard to Pacific Coast Highway. On May 19, 2015, the City of Manhattan Beach passed a resolution that opposed the renaming of Artesia Boulevard to Redondo Beach Boulevard within the city limits of Manhattan Beach. Therefore, within the City of Manhattan Beach, west of Aviation Way, the street name would continue to be Artesia Boulevard. On July 20, 2015, City staff received another letter, enclosed, from the City of Redondo Beach to obtain opinion on the subject. Analysis: Artesia Boulevard is located along the northerly boundary of the City of Hermosa Beach from Pacific Coast Highway to Harper Avenue. The City boundary is located along the centerline of the street Hermosa Beach Printed on 8/20/2015Page 1 of 3 powered by Legistar™ Staff Report REPORT 15-0615 with Manhattan Beach on the north and Hermosa Beach to the south. A plan view of the northerly City boundary is enclosed as Attachment 2. Since the City of Manhattan Beach owns half the street, and is opposed to renaming Artesia Boulevard, a name change to only one side of the street would be extremely confusing. Should Council decide to move forward with the process to rename Artesia Boulevard to the Redondo Beach Blvd name, the City could follow a procedure similar to the CA Streets and Highways Code, Section 970.5 in regard to the process for the renaming of streets. The City Council would conduct a public hearing on the proposed name change. The hearing shall be noticed by posting in a least three public places along the street or boulevard affected. Such posting must be completed a minimum of 10 days prior to the date of the hearing. At the time of the hearing, the City Council would receive a report from the City Engineer recommending consideration of a specific proposal to adopt the name change. After conclusion of the public hearing, the City Council would vote on the formal resolution favoring a name change. If the resolution fails, the existing name would remain in place. If a resolution affecting the name change is passed, the street or boulevard will henceforth be known by the newly designated name. Following adoption of a resolution authorizing a change in name, the City Clerk would notify the County Clerk and the County Engineer of the name change. Additionally, utilities, post offices, and commercial businesses would require notification. Typically residential units would also require notification; however, there are no residential units on this stretch of Artesia Boulevard. Street name signs would require replacement as well. The City would be required to provide labor and material costs for the replacement. Businesses would be subject to incur costs as well. Costs to the businesses are undetermined as each business is unique with its public relations, letterhead, and advertisements. Considering the confusion the proposed name change would create, in addition to expenses incurred by the City and local businesses, staff recommends City Council oppose renaming of Artesia Boulevard to Redondo Beach Boulevard within the City of Hermosa Beach. Fiscal Implications: The mailer notification costs, material costs, and labor costs for Public Works staff are estimated at about $5,000. These estimated costs are unfunded at this time. Attachments: 1.Letter from Redondo Beach dated July 20, 2015. 2.Plan view of Artesia Boulevard within City limits. Hermosa Beach Printed on 8/20/2015Page 2 of 3 powered by Legistar™ Staff Report REPORT 15-0615 Respectfully Submitted by: 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 8/20/2015Page 3 of 3 powered by Legistar™ Attachment 1 Attachment 1 Attachment 2 Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 15-0638 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 FIRE TOWER DEMOLITION UPDATE (Public Works Director Andrew Brozyna) Recommended Action: It is recommended that the City Council receive and file this report. Background: In 2002 a seismic evaluation report was prepared by the City’s consultant RRM Design Group.The report evaluated the Fire Station portion of the Police/Fire Building structure.The Fire Department tower (tower)and the second floor,adjacent to the tower which houses Fire Department personnel, were included in the study.The report recommended removing the tower since it would be too costly to repair and bring up to current codes.At the time no drawings were made available to make a complete seismic evaluation of the second floor addition (dorms);however,based on professional opinion, RRM Design recommended that the dorms also be completely removed. In 2006,Melvyn Green and Associates prepared a report at the request of the City with an emphasis on seismic safety and post-disaster operation of the Fire Station.The report recommended a new Fire Station facility be constructed to meet the building code design criteria for an “Essential Facility”. In the interim period,some improvements were proposed to improve the existing Fire station’s functional abilities during and after a seismic event.A follow up report was prepared in 2008 by the same consulting firm with similar conclusions. In 2014,the City Council approved the addition of CIP 14-632 Fire Department Tower Demolition into the Capital Improvement Program for the demolition and removal of the Fire Department tower. In December,2014 the City entered into a consulting contract with BOA Architecture for preparation of plans,specifications,and estimate (PS&Es)for CIP 14-632 Fire Department Tower Demolition project. Analysis: City Hall is located in the OS (Open Space)zone,and the proposed new construction would require review and approval of a Planned Development Permit by the Planning Commission’s discretionary Hermosa Beach Printed on 8/20/2015Page 1 of 4 powered by Legistar™ Staff Report REPORT 15-0638 review and approval of a Planned Development Permit by the Planning Commission’s discretionary permit subject to the California Environmental Quality Act (CEQA).Since City Hall has been identified as a potentially eligible local historic resource (2014 windshield survey done for the General Plan)the Community Development Department engaged its historic resource consultant,Planning Consultants Research (PCR),to evaluate the impact of this proposal on this potential eligibility,and the related CEQA steps needed as part of the Planning Commission review process.Their primary recommendation was that the City conduct a more in-depth structural and safety analysis of the tower as that would further inform the appropriate historic analysis that would be necessary. Staff proceeded with contracting John A.Martin &Associates,Inc.,a structural engineering consultant,for preparation of the structural seismic evaluation report specific to the Hermosa Beach Fire Tower per the historic resource consultant’s recommendations.Upon finalization of the study, the report’s findings,dated July 29,2015 (enclosed),concludes that the tower does not meet target performance levels for a design level earthquake or collapse prevention for an infrequent level earthquake and shall be considered a “Collapse Hazard”.Based on the report’s findings staff resumed its efforts to complete the PS&Es for the dismantling of the fire tower.This project scope is being reviewed by PCR related to required CEQA process which will not delay the tower removal. Furthermore,staff has requested John A.Martin &Associates,Inc.to proceed with a structural analysis of the entire base building,consisting of both Police and Fire Departments,including the second floor addition,for further insight into the integrity of the structure and recommended improvements to strengthen it.Design plans of the second floor dorms were located and forwarded to the consultant for review as part of the study.Building codes and state laws require more seismic strength in emergency facilities to meet the criteria of an “Essential Building”. Efforts are underway to relocate Fire personnel and some Police staff due to the findings of the recent structural seismic evaluation report specific to the Fire tower,and in preparation for the upcoming work.Staff is planning for the relocation of Fire personnel dorms to temporary modular buildings set up at the southwestern corner of the City Hall parking lot adjacent to Bard Street as shown on the enclosed site plan.Temporary Fire Department administrative offices are proposed to be placed in front of the Fire Department facing Pier Avenue.Options for Police staff,located in office space on the first floor of the Police Department,include temporary relocation to a modular building in the City Hall parking lot adjacent to Valley Drive. Schedule The duration of the temporary relocation is subject to the length of the construction phase and the outcome of the structural analysis of the Police/Fire building,particularly how it relates to the condition of the second floor addition that serves as the Fire Department dorms.Below is a draft Hermosa Beach Printed on 8/20/2015Page 2 of 4 powered by Legistar™ Staff Report REPORT 15-0638 project schedule staff prepared based on information currently made available. Complete Historic Review and alternatives - August 24, 2015 Complete PS&Es - September 15, 2015 Finalize structural analysis - October 1, 2015 Award Construction Contract - October 13, 2015 Relocate Police and Fire staff - October 20, 2015 Contractor mobilization - November 2, 2015 Construction completion - February 2, 2016 Move staff back to Police/Fire building - February 16, 2015 Cost Below is a list of estimated costs for the Fire Department Tower Demolition project and temporary relocation of staff based on information currently made available. Historic Review/Alternative/Mitigation: $4,000 Structural analysis: $22,000 Design: $12,000 Construction: $200,000 to $250,000 Modular buildings: a.Mobilization/setup: $55,000 b.Monthly lease: $3,500 c.Utility hookup: $15,000 Moving services: $5,000 In summary,staff is still in the planning stages;however,staff will have a clearer understanding of the project schedule and costs once the structural analysis is completed and the modular building suppliers and the demolition contractors return with their respective bids.In the meantime,staff will be communicating with the County Library personnel,and work with the City’s public information officer to inform residents of upcoming events. Fiscal Implications: Current funds are available from the general fund for 1)CIP 14-632 Fire Department Tower Demolition project in the amount of $224,000,and 2)CIP 15-607 Fire Station Renovation and Upgrades in the amount of $134,500.Additional appropriations may be requested to complete the project at the City Council meeting of October 13,2015 when staff plans to recommend the award of construction contract to the lowest responsible bidder for the demolition of the tower. Attachments: Hermosa Beach Printed on 8/20/2015Page 3 of 4 powered by Legistar™ Staff Report REPORT 15-0638 1.Structural Seismic Evaluation Report, July 29, 2015 (pages 1-5, calculations excluded) 2.Modular Building Site Plan Respectfully Submitted by: Andrew Brozyna, P.E., Public Works Director/City Engineer Concur: Ken Robertson, Community Development Director Concur: Chief Sharon Papa, Police Department Concur: Chief David Lantzer, Fire Department Legal Review: Mike Jenkins, City Attorney Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Tom Bakaly, City Manager Hermosa Beach Printed on 8/20/2015Page 4 of 4 powered by Legistar™ HERMOSA BEACH FIRE TOWER AT FIRE/POLICE DEPARTMENT BUILDING 540 Pier Ave, Hermosa Beach, CA 90254 ASCE 41-13 Structural Seismic Evaluation Report July 29, 2015 John A. Martin & Associates, Inc. 7/29/2015 Attachment 1 Table of Contents Summary ....................................................................................................................................................... 1 Conclusion ..................................................................................................................................................... 3 Appendix A: ASCE Tier 3 Calculations ........................................................................................................... 4 Appendix B: Existing Drawings Previous Seismic Reports .......................................................................... 19 Appendix C: ASCE 41-13 Table C2-3 ............................................................................................................ 42 Appendix D: Previous Seismic Reports ....................................................................................................... 44 Attachment 1 July 29, 2015 HERMOSA BEACH FIRE TOWER 540 Pier Ave, Hermosa Beach, CA 90254 Structural Assessment Phase 1 Job No. 14086-70 John A. Martin & Associates, Inc. P a g e | 1 Summary This is in-depth structural analysis solely addresses the Fire Tower located above the roof of the Fire Station Building. Since the Fire Station, Fire Tower, and Police Station are structurally connected, they are seismically considered as one structure thus would trigger the entire structure be evaluated. At the request of the City, the seismic evaluation will be broken in two phase as follows:  Phase I will evaluate the 4-story wood Fire Tower above the roof of the 1-story Fire/Police Station and the load transfer to the base building (Fire Station & Police Station).  Phase II will evaluate the Base Building excluding the undocumented second floor addition added over the fire station. The development of as-built documentation for this addition would be required before this portion could be analyzed. Instead, include the seismic mass of this second floor addition will be included when evaluating the base building to first establish the adequacy of the base building. This report will address Phase I the 4-story wood Fire Tower and will fulfill the request of the PCR report dated 4/8/15 which states: “First, PCR recommends the City should hire a structural engineer to conduct an in-depth analysis of the condition of the Tower. While the most recent report prepared by Melvyn Green in 2008 found the Tower was in good condition, the Fire Station was found to have structural issues. Because it has been over seven years since the last structural analysis, it is recommended another in-depth study should be prepared.” The fire tower is a 4-story wood structure that extends 41 feet above the roof of the main building. Lateral system consists of a 4-sided plywood shear wall; however, due to a large opening in the diaphragm at each floor, only 3-sides can be considered for the lateral system. The lack of diaphragm at the shear wall creates torsion irregularity and effect shear wall on one side. The tower is supported by a discontinuous CMU shear wall below. The purpose of this report is to evaluate the Fire Tower via ASCE 41-13 “Seismic Evaluation and Retrofit of Existing Buildings” for the following target performance levels:  Life Safety Performance Level (LS) subjected to an Design Level Earthquake (BSE-1E) having a 20% probability of exceedance in 50 years (average return period of 225 years) and,  Collapse Prevention Performance Level (CP) subjected to an Infrequent Level Earthquake (BSE-2E) having a 5% probability of exceedance in 50 years (average return period of 975 years) This ASCE 41-13 Tier III Seismic Hazard Analysis/Design requires one to evaluate and/or design for two levels of earthquake. The dual-earthquake check is necessary to ensure sufficient robustness and margin of safety beyond the design-level earthquake and will establish whether the Fire Tower should be deemed a “collapse hazard.” Attachment 1 July 29, 2015 HERMOSA BEACH FIRE TOWER 540 Pier Ave, Hermosa Beach, CA 90254 Structural Assessment Phase 1 Job No. 14086-70 John A. Martin & Associates, Inc. P a g e | 2 We have used ASCE 41-13 Tier III Seismic Hazard Analysis/Design because it is not feasible to evaluate and retrofit existing structures to the prescriptive requirements of the current code. Current code design would be cost prohibitive and the scope of retrofit could impact the architectural character of a building. It is common and practical to evaluate existing buildings using the performance based approach in ASCE 41-13 as opposed to evaluating using the prescriptive approaches associated with current design codes. Current design codes are intended for the design of new structures. ASCE 41-13 is intended for use in the evaluation of buildings that already exist with the fundamental strategy of more accurately evaluating the seismic performance of construction as it currently exists. Based on the guidelines of ASCE 41-13, the Fire Tower does not meet Life Safety (LS) or Collapse Prevention (CP) Performance Levels The ASCE 41-13 evaluation has identified the following structural deficiencies:  Overturning Moment instability and insufficient anchorage of shear walls Demand to capacity ratio for anchorage, DCR = 1.90 (190% overstressed) for BSE-1E earthquake loading and DCR = 2.61, (261% overstressed) for BSE-2E earthquake loading. Recommend retrofit: Strengthen the hold downs (connections) at the 4 corners of the fire tower between levels 2 and 3.  Overstressed shear walls. DCR = 2.06, (206% overstressed) for BSE-1E earthquake loading and DCR = 1.97, (197% overstressed) for BSE-2E. Recommend retrofit: Fill in opening (partially or completely) at the north end of the tower at levels 3 through 5 and/or strengthening/replacing shear wall plywood.  Out of plane anchorage for exterior walls Recommend retrofit: Add wall anchors to tie the horizontal diaphragm to the exterior walls at all levels and all four sides of the fire Tower. Although the following deficiencies are part of base building, it is noteworthy to highlight since it directly supports the fire tower:  Discontinuous CMU shear wall supporting the Fire Tower shear walls Recommend retrofit: Add new CMU shear walls and foundation to provide a continuous load path. Attachment 1 July 29, 2015 HERMOSA BEACH FIRE TOWER 540 Pier Ave, Hermosa Beach, CA 90254 Structural Assessment Phase 1 Job No. 14086-70 John A. Martin & Associates, Inc. P a g e | 3 Conclusion The current fire tower does not meet the target building performance levels of Life Safety for a Design Level Earthquake or Collapse Prevention for an Infrequent Level Earthquake and shall be considered a “Collapse Hazard.” Refer to ASCE 41-13 Table C2-3 (Appendix C) for approximate levels of structural damage that can be expected for different performance levels. Furthermore, since this is the only fire station in town, it is our understanding the City has deemed that the Fire Department building needs to be considered as an essential facility and thus perform at the higher performance of Immediate Occupancy Performance Level (IO). Higher target performance levels are subjected to more stringent target building performance and usually requires extended scope of retrofit. The extent of retrofit to meet the building performance levels (Life Safety, Collapse Prevention, and Immediate Occupancy) requires mitigation of all structural deficiencies listed in the summary above (for the fire tower) including deficiencies for the base building (Phase II evaluation) and appears to be a cost prohibitive structural retrofit. Details to correct each deficiency will vary by performance level (i.e. for higher performance levels: use higher grade materials, larger and closer anchors and reinforcements, etc.). Essentially, the four sides of the Tower as well as the connection of the Tower to the base building, which makes up the lateral system, is required to be rebuilt. It should be noted that our conclusion is consistent with previous structural seismic evaluations (refer to Appendix D for referenced reports):  Cash & Associates (Feb. 4, 2002), recommended the existing tower be completely removed since it will be too costly to repair and bring up to current code for an essential facility (1998 CBC).  Melvyn Green and Associates (Sept. 18, 2006 and Dec. 31, 2008) recommended a new facility be constructed to meet the criteria for an essential facility. Attachment 1 CITY OFHERMOSA BEACHPROJECT: DEMOLITION OF CITYOF HERMOSA BEACH FIRE TOWERATTACHMENT #2:MODULAR STRUCTURESLEGENDPOLICE DEPARTMENTFIRE DEPARTMENTFIRE DEPARTMENTHEADQUARTERS( 12' x 24' )POLICEDEPARTMENT( 24' x 60' )FIRE DEPARTMENTSLEEPING QUARTERS( 36' x 60' )Attachment 2 Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 15-0625 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 MAYOR PRO TEM PETTY REQUESTS DISCUSSION REGARDING THE IMPENDING COUNCIL SEAT VACANCY. Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 15-0626 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 MAYOR PRO TEM PETTY PROPOSES INITIATING A CODE OF CONDUCT POLICY FOR COMMISSIONERS. Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 15-0642 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 COUNCILMEMBER TUCKER REQUESTS SUPPORT IN REVIEWING THE MUNICIPAL CODE TO CLARIFY THE DEFINITION OF SHORT-TERM RENTALS AND ENHANCE THE CITY’S ABILITY TO ENFORCE VIOLATIONS. Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™ From: Mike Glasman [mailto:mike@glasman.net] Sent: Sunday, August 23, 2015 10:39 AM To: City Clerk Subject: Fwd: 15-0642 COUNCILMEMBER TUCKER REQUESTS SUPPORT IN REVIEWING THE MUNICIPAL CODE TO CLARIFY THE DEFINITION OF SHORT-TERM RENTALS AND ENHANCE THE CITY’S ABILITY TO ENFORCE VIOLATIONS City of Hermosa Beach: This is an issue that should interest every resident of this city because it could happen to you. I had no positive or negative opinion on short term rentals until that house next door to me was listed on Air BnB and... it could happen to you. My family lives on what was a quiet R1 neighborhood east of PCH on 2nd street. Our neighbor to the west of us decided to rent out their 5 bedroom 2950 square foot house as sleeping 14 people. During this summer we had nightly interruptions and noise including the following * A Bachelor Party group - dozens of noisy people on the rooftop deck * Family reunions complete with the smell of BBQ lighter fluid flowing from the rooftop deck to our bedroom * A non profit theater camp with 14 people sleeping next door, more than 18 people in the house at various times and clapping every hour after each speech * Trash piled 6 feet high - in bags only not in receptacles and rats and Opossums paroling the area. I know that there are some residents or property owners that are advocating short term rentals and some possible revenues from an occupancy tax for the city. I submit to you that they are a vocal minority. It is unlikely that the majority of the residents - your constituents own multiple residential properties that they want to rent nightly. The majority of our residents want to enjoy a good quality environment where they know their neighbors. Thanks for your consideration Mike Glasman Picture of Trash 6' high attached From: Jay Perreault [mailto:jay.perreault@mosaicnetworx.com] Sent: Monday, August 24, 2015 9:19 AM To: City Clerk Subject: Hermosa Beach Code Enforcement of Short Term Rentals Importance: High Dear Hermosa Beach City Leadership, I am contacting you to let you know that I am completely in favor of the Code Enforcement Officers to aggressively enforce codes relating to the enforcement of Short Term Rentals; as well as to express my vehement opposition to allowing short term rentals in Hermosa Beach. I have been serving as the Block Captain for Hill Street for a number of years. Hill St is a quiet cul-de-sac tucked neatly between Valley and Ardmore off of 2nd St. The east side of the street holds six single family homes, and the west side is home to the condo complex “The Mooring”. Being a small block we are a tight knit community. Neighborhood children play in the cul-de-sac every day, the adults all get along and definitely look out for one another. The block is home to elderly people, families with children including several newborns, and everyone in between. It is a quiet, peaceful place to live. Unfortunately our peaceful existence has been marred the past several years by two short term rentals on our block: 106 and 126 Hill St. Six years ago the owner of 106 Hill St vacated the premises and turned his home into a short term rental. He advertises his home on his own website: http://luxuryhermosahouse.com/; and other sites including Flipkey and Tripadvisor: https://www.flipkey.com/hermosa-beach-vacation-rentals/p384567/, http://www.tripadvisor.com/VacationRentalReview-g32490-d2666770- AS_SEEN_ON_TV_Newer_Luxury_House_Steps_To_Beach- Hermosa_Beach_California.html. He currently resides elsewhere in Hermosa Beach. The owners of 126 Hill St moved to Idaho two years ago, and while their house is currently on the market for sale it is occupied most of the time by short term rentals. To say that we have had problems with the short term renters would be a gross understatement. At 106 Hill St alone there have been countless bachelor/ bachelorette type parties involving excessive amounts of alcohol, illegal drugs, adult entertainers, foul language, music played at the highest possible level, and all sorts of drunken revelry at all hours of the evening/early morning. Often they park and block the street and sidewalk. Renters there have tried to park in our driveway, have used my children’s play equipment, and one time even tried to urinate on my wall late in the evening. I have often found crumpled beer cans on my roof or in my back patio, along with cigarette butts. In the event you believe I might be exaggerating I have attached a photo of a van that brought in “entertainers” for one such evening. Given the price tag associated with renting 106 Hill Street there seems to be a pervasive attitude among the renters that they can do whatever they feel like in our neighborhood. The owners of these rentals are motivated solely by profit and have absolutely no regard for the wellbeing and safety of our neighborhood. While we have enjoyed an open and supportive dialogue with the City Manager, Code Enforcement Dept, and Chief of Police there is little if anything they can do to enforce the existing code. Typically the most that they can do is to cite vehicles for blocking the street or sidewalk, or knock on the door and ask the group of renters to quiet down. I can’t tell you how many times police have knocked on the door, asked the renters to quiet down, the renters comply, the police drive away, and then the nonsense resumes and we have to call the police again. Ultimately we as residents of our own block have little to no recourse when this behavior occurs, and are at the mercy of the whims of the current group of renters. My hope is that Hermosa Beach will follow the lead set by West Hollywood, Santa Monica, and Manhattan Beach in banning short term rentals. As a homeowner in Hermosa I see absolutely no benefit to the city in allowing short term rentals; the city receives no tax revenue, there is increased strain on city resources(see the attached photo of trash from just one weekend) and policing, and there are extremely disgruntled residents in an otherwise idyllic beach community. I would welcome any further discussion or clarification you would like to have, and would certainly be open to speaking at a Council Meeting should the need arise. Thank you for consideration of my email, and I look forward to hearing back from you. Best regards, Jay Perreault Block Captain Hill St. 310-433-8739 Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 15-0643 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of August 25, 2015 COUNCILMEMBER TUCKER REQUESTS SUPPORT IN REVIEWING CURRENT PRACTICES AND THE MUNICIPAL CODE TO ENHANCE THE CITY’S ABILITY TO ENFORCE PERMITS RELATED TO USE OF CITY PROPERTY (BEACH, PARKS, AND OTHER FACILITIES) FOR TRAINING CLASSES. Hermosa Beach Printed on 8/20/2015Page 1 of 1 powered by Legistar™