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12-12-2023 - Agenda Pkg - CC Regular Meeting
Tuesday, December 12, 2023 5:00 PM City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Closed Session - 5:00 p.m. and Open Session - 6:00 p.m. City Council Mayor Justin Massey Mayor Pro Tem Dean Francois Councilmembers Rob Saemann Mike Detoy Ray Jackson Regular Meeting Agenda - Final Councilmember Detoy Teleconference Location: Hilton Seattle Airport - Business Center 17620 International Blvd, Seattle, WA 98188 Executive Team Angela Crespi, Deputy City Manager Viki Copeland, Finance Director Myra Maravilla, City Clerk Paul LeBaron, Chief of Police Joe SanClemente, Public Works Director Carrie Tai, Community Development Director Vanessa Godinez, Human Resources Manager Lisa Nichols, Community Resources Manager City Treasurer Karen Nowicki City Attorney Patrick Donegan Suja Lowenthal, City Manager 1 December 12, 2023City Council Regular Meeting Agenda - Final PUBLIC MEETING VIEWING OPTIONS The public may participate via the following: 1. IN PERSON - Council Chambers, 1315 Valley Drive, Hermosa Beach, CA 90254 2. ZOOM - https://us02web.zoom.us/j/89968207828? pwd=bXZmWS83dmxHWDZLbWRTK2RVaUxaUT092. 3. PHONE - Toll Free: (833) 548-0276; Meeting ID: 899 6820 7828, then #; Passcode: 472825 As a courtesy, the City will also plan to broadcast the meeting via the following listed mediums. However, these are done as a courtesy only and are not guaranteed to be technically feasible. Thus, in order to guarantee live-time viewing and/or public participation, members of the public shall attend in Council Chambers or log in via ZOOM. 4. CABLE TV - Spectrum Channel 8 and Frontier Channel 31 in Hermosa Beach 5. YOUTUBE - https://www.youtube.com/c/CityofHermosaBeach90254 6. LIVE STREAM - www.hermosabeach.gov and visit the Agendas/Minutes/Videos page If you experience technical difficulties while viewing a meeting on any of our digital platforms, please try another viewing option. View City Council staff reports and attachments at www.hermosabeach.gov and visit the Agendas/Minutes/Video page. Council Chambers WiFi Network ID: CHB-Guest Password: chbguest To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) are available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0204 or at cityclerk@hermosabeach.gov at least 48 hours before the meeting. Written Communication Persons who wish to have written materials included in the agenda packet at the time the agenda is published on the City's website must submit their written communication to the City Clerk’s office by noon, one week before the meeting date. Supplemental communications may be submitted via eComment or emailed to cityclerk@hermosabeach.gov. Supplemental materials must be received by 3:00 p.m. on the date of the meeting to be posted to the corresponding agenda item before the meeting begins. Supplemental materials submitted after 3:00 p.m. on the date of the meeting but before the meeting ends will be posted to the agenda packet the next business day. Submit Supplemental eComments Submit an eComment via Speak Up Hermosa at hermosabeach.granicusideas.com by 3:00 p.m. on the meeting date. Page 2 City of Hermosa Beach Printed on 12/11/2023 2 December 12, 2023City Council Regular Meeting Agenda - Final 5:00 PM - CLOSED SESSION CALL TO ORDER ROLL CALL PUBLIC COMMENT ON THE CLOSED SESSION AGENDA The public is invited to attend and provide public comment. Public comments are limited to 3 minutes per speaker. This Public Comment period is limited to Closed Session agenda items only. 1. IN PERSON - Council Chambers, 1315 Valley Drive, Hermosa Beach, CA 90254 2. ZOOM - https://us02web.zoom.us/j/89968207828? pwd=bXZmWS83dmxHWDZLbWRTK2RVaUxaUT09 and use 'Raise Hand' feature. 3. PHONE - Toll Free: (833) 548-0276; Meeting ID: 899 6820 7828, then #; Passcode: 472825 Press *9 to 'Raise Hand' and then *6 to unmute yourself line when prompted. 4. EMAIL - Email comments to cityclerk@hermosabeach.gov by 3:00 p.m. on the meeting date. 5. ECOMMENT - Submit an eComment via Speak Up Hermosa at hermosabeach.granicusideas.com by 3:00 p.m. on the meeting date. RECESS TO CLOSED SESSION (Meeting will reconvene in the Council Chambers after Closed Session and recess to Open Session) a)23-0747 MINUTES: Approval of minutes of Closed Session held on November 28, 2023. b)23-0748 CONFERENCE WITH LABOR NEGOTIATOR: Government Code Section 54957.6 City Negotiator:Mayor Massey Unrepresented employee:City Manager Page 3 City of Hermosa Beach Printed on 12/11/2023 3 December 12, 2023City Council Regular Meeting Agenda - Final 6:00 PM - OPEN SESSION I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. CLOSED SESSION REPORT V. ANNOUNCEMENTS - UPCOMING CITY EVENTS VI. APPROVAL OF AGENDA This is the time for the City Council to discuss any changes to the order of agenda items. VII. PROCLAMATIONS / PRESENTATIONS a)23-0738 LOCAL CONTEST WINNERS OF THE LOS ANGELES PUBLIC LIBRARY 2023 CHILDREN’S BOOKMARK CONTEST b)23-0739 RECOGNIZING HERMOSA BEACH 2023 CERTIFIED GREEN BUSINESSES VIII. CITY MANAGER REPORT a)23-0737 POLICE CHIEF UPDATE IX. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM THE PUBLIC This is the time for members of the public to address the City Council on any items within the Council's jurisdiction and on items where public comment will not be taken (City Manager Reports, Written Communication, City Councilmember Comments, Consent Calendar items not pulled for separate consideration, and Future Agenda Items). Page 4 City of Hermosa Beach Printed on 12/11/2023 4 December 12, 2023City Council Regular Meeting Agenda - Final The public is invited to attend and provide public comment. Public comments are limited to three minutes per speaker. This time allotment may be reduced due to time constraints at the discretion of the City Council. 1. IN PERSON - Council Chambers, 1315 Valley Drive, Hermosa Beach, CA 90254 2. ZOOM - https://us02web.zoom.us/j/89968207828? pwd=bXZmWS83dmxHWDZLbWRTK2RVaUxaUT09 and use 'Raise Hand' feature. 3. PHONE - Toll Free: (833) 548-0276; Meeting ID: 899 6820 7828, then #; Passcode: 472825 Press *9 to 'Raise Hand' and then *6 to unmute yourself line when prompted. 4. EMAIL - Email comments to cityclerk@hermosabeach.gov by 3:00 p.m. on the meeting date. 5. ECOMMENT - Submit an eComment via Speak Up Hermosa at hermosabeach.granicusideas.com by 3:00 p.m. on the meeting date. No action will be taken on matters raised in oral and written communications, except that the Council may take action to schedule issues raised in oral and written communications for a future agenda. Speakers with comments regarding City management or departmental operations are encouraged to submit those comments directly to the City Manager. Members of the audience will have a future opportunity to speak on items pulled from the Consent Calendar for separate discussion, Public Hearings, and Municipal Matters when those items are heard. a)23-0751 WRITTEN COMMUNICATION Recommendation:Staff recommends City Council receive and file the written communication. X. CITY COUNCILMEMBER COMMENTS a)23-0736 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES XI. CONSENT CALENDAR The following matters will be acted upon collectively with a single motion and vote to approve with the majority consent of the City Council. Councilmembers may orally register a negative vote on any Consent Calendar item without pulling the item for separate consideration before the vote on the Consent Calendar. There will be no separate discussion of these items unless a Councilmember removes an item from the Consent Calendar, either under Approval of the Agenda or under this item before the vote on the Consent Calendar. Items removed for separate discussion will be considered under Agenda Item XII (12), with public comment permitted at that time. a)23-0752 WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA (City Clerk Myra Maravilla) Recommendation:Staff recommends City Council waive reading in full of all ordinances on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. Page 5 City of Hermosa Beach Printed on 12/11/2023 5 December 12, 2023City Council Regular Meeting Agenda - Final b)REPORT 23-0743 CITY COUNCIL MEETING MINUTES (City Clerk Myra Maravilla) Recommendation:Staff recommends City Council approve the minutes for the Tuesday, November 28, 2023 regular meeting and the Wednesday, November 29, 2023 Facility Study Session. c)REPORT 23-0742 CHECK REGISTERS (Finance Director Viki Copeland) Recommendation:Staff recommends City Council ratify the following check registers. d)REPORT 23-0724 LOS ANGELES COUNTY FIRE AND AMBULANCE MONTHLY REPORT FOR OCTOBER 2023 (Deputy City Manager Angela Crespi) Recommendation:Staff recommends City Council receive and file the October 2023 Fire and Ambulance monthly report. e)REPORT 23-0733 ACTION MINUTES OF THE PARKS, RECREATION, AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF NOVEMBER 7, 2023 (Community Resources Manager Lisa Nichols) Recommendation:Staff recommends City Council receive and file the action minutes of the Parks, Recreation, and Community Resources Advisory Commission meeting of November 7, 2023. f)REPORT 23-0741 PLANNING COMMISSION TENTATIVE FUTURE AGENDA (Community Development Director Carrie Tai) Recommendation:Staff recommends City Council receive and file the January 16, 2024 Planning Commission tentative future agenda. g)REPORT 23-0692 CONFIRMATION OF DIRECTOR’S DETERMINATION OF SIMILAR USE (DD 23-01) FOR THE RENTAL OF FOUR OR FEWER RACING CAR SIMULATORS (AMUSEMENT OR ENTERTAINMENT MACHINES) AS SIMILAR TO THE PERMITTED BILLIARD OR POOL HALL USE IN COMMERCIAL ZONES (Director of Community Development Carrie Tai) Recommendation:Staff recommends City Council confirm by minute order the Community Development Director's determination (DD 23-01) that the rental of four or fewer racing car simulators (amusement or entertainment machines) is similar to billiard or pool hall use, which is a permitted use in General commercial district (C-2 zone) and General and highway commercial district (C-3 zone). Page 6 City of Hermosa Beach Printed on 12/11/2023 6 December 12, 2023City Council Regular Meeting Agenda - Final h)REPORT 23-0725 APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH AM-TEC TOTAL SECURITY INC. TO PROVIDE SECURITY CAMERA SERVICES (Police Chief Paul LeBaron) Recommendation:Staff recommends City Council: 1. Reappropriate $72,000 in the Grant Fund for State Homeland Security Program grant and add estimated revenue of $72,000 in the Grant Fund; 2. Approve a Professional Services Agreement with Am-Tec Total Security, Inc. to provide security camera services for a one-year term ending December 12, 2024 at a not-to-exceed amount of $53,382 (Attachment 3); 3. Authorize City staff to establish a contingency of $18,618 with the remaining grant funds for additional hardware as needed during installation and approve contract change orders up to the amount of the approved contract contingency; and 4. Authorize the City Manager to execute and the City Clerk to attest to the proposed agreement, subject to approval by the City Attorney. i)REPORT 23-0744 RESOLUTION AUTHORIZING THE ACCEPTANCE OF $40,000 FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, ALCOHOL POLICING PARTNERSHIP PROGRAM (Police Chief Paul LeBaron) Recommendation:Staff recommends City Council: 1. Adopt a resolution authorizing the acceptance of $40,000 from the California Department of Alcoholic Beverage Control, Alcohol Policing Partnership Program (Attachment 2); 2. Add estimated revenue of $40,000 in the Grant Fund; and 3. Appropriate $40,000 in the Grant Fund for operations to reduce alcohol-related incidents. j)REPORT 23-0730 APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH LOS ANGELES CENTERS FOR ALCOHOL AND DRUG ABUSE TO PROVIDE MOBILE MENTAL HEALTH AND CRISIS RESPONSE SERVICES (Deputy City Manager Angela Crespi) Recommendation:Staff recommends City Council authorize the City Manager to enter into a Professional Services Agreement, attested to by the City Clerk and approved by the City Attorney, with Los Angeles Centers for Alcohol and Drug Abuse to provide mobile mental health and crisis response services for a term beginning December 13, 2023 an ending September 29, 2024 at a not-to-exceed amount of $787,716 (Attachment 1-Scope of Services and Budget). XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items pulled from the Consent Calendar will be handled separately. Public comment will be taken before Council deliberation, and action on each item pulled from the Consent Calendar. Page 7 City of Hermosa Beach Printed on 12/11/2023 7 December 12, 2023City Council Regular Meeting Agenda - Final XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M. a)REPORT 23-0696 REQUEST FOR A ZONE TEXT AMENDMENT (ZTA 23-05) AND ORDINANCE TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE CLARIFYING THE CITY’S REGULATION OF ADVERTISEMENT OF SHORT-TERM VACATION RENTALS IN ALL ZONES AND A DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (Carrie Tai Community Development Director) Recommendation:Staff recommends City Council: 1. Introduce by title only and waive first reading of an ordinance of the City of Hermosa Beach, California approving a Zone Text Amendment (ZTA 23-05), to amend portions of Title 17 of the Hermosa Beach Municipal Code clarifying the City's regulation of advertisement of Short-Term Vacation Rentals (STVRs) in all zones, and determine the ordinance is exempt from the California Environmental Quality Act (CEQA) (Attachment 1); and 2. Direct the City Clerk to publish a summary ordinance. b)REPORT 23-0740 INTRODUCTION OF AN ORDINANCE AMENDING TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE ZONING TEXT AMENDMENT (ZTA 23-02-B) ADDING THE LAND VALUE RECAPTURE PROGRAM AND AMENDING CRITERIA FOR AFFORDABLE HOUSING AND CONSIDERATION OF A RESOLUTION AMENDING THE CITY MASTER FEE SCHEDULE TO ESTABLISH THE LAND VALUE RECAPTURE FEES (Community Development Director Carrie Tai) Recommendation:Staff recommends City Council: 1. Introduce by title only and waive first reading of an Ordinance of the City of Hermosa Beach, California, approving Zoning Text Amendment (ZTA 23-02-B), to amend the Title 17 of the Hermosa Beach Municipal Code (Zoning Ordinance) to add the Land Value Recapture Program for Affordable Housing, amend certain criteria for affordable housing, and determine the actions are consistent with the PLAN Hermosa Final Environmental Impact Report pursuant to the California Environmental Quality Act (CEQA) (Attachment 1); 2. Adopt a resolution amending the City Master Fee Schedule to establish fees for the Land Value Recapture program for affordable housing and determine the action to be exempt pursuant to the California Environmental Quality Act (Attachment 2); and 3. Direct the City Clerk publish the summary ordinance. XIV. MUNICIPAL MATTERS Page 8 City of Hermosa Beach Printed on 12/11/2023 8 December 12, 2023City Council Regular Meeting Agenda - Final a)REPORT 23-0726 2023-24 RESIDENTIAL PARKING PERMIT PROGRAM REVIEW (Finance Director Viki Copeland) Recommendation:Staff recommends City Council: 1. Receive a staff presentation regarding the 2023-24 Residential Parking Permit program; 2. Consider adoption of a resolution that encompasses all areas of the Residential Parking Permit program to ensure clarity of program terms that supersedes all previous resolutions regarding the Residential Parking Permit program (Attachment 1); and 3. Provide direction on any desired modifications. b)REPORT 23-0684 AUTHORIZATION TO EXECUTE A CONTRACT FOR CIP 616 BARD TRAILER IMPROVEMENTS AND TO ISSUE PURCHASE ORDERS FOR IT EQUIPMENT AND OFFICE FURNITURE (Public Works Director Joe SanClemente) Recommendation:Staff recommends City Council: 1. Authorize the City Manager to execute a contract with Pacific Mobile Structures in the amount of $246,949.89 for modifications and maintenance of the Bard Trailer (CIP 616) (Attachment 1); 2. Appropriate additional funds from the Capital Improvement Fund in the amount of $21,645 to CIP 616 Bard Trailer Improvements; 3. Transfer funds from the Public Works Administration and Engineering contract services account in the General Fund in the amount of $32,566.36 to CIP 616 Bard Trailer Improvements; 4. Authorize City staff to establish a 10 percent contingency amount of $24,694.99 and approve contract change orders up to the amount of the approved contract contingency; 5. Adopt the attached resolution entitled "A Resolution of the City Council of the City of Hermosa Beach, California Approving the Maintenance and Improvements of the Bard Trailer (CIP 616) Pursuant to Government Code Section � 830.6 and Establishing a Project Payment Account" (Attachment 2); 6. Authorize the issuance of a Purchase Order to Netrix, LLC in the amount of $32,566.36 to purchase and configure IT equipment for the Bard Trailer (Attachment 5); and 7. Authorize the issuance of a Purchase Order to M3 Office under qualifying cooperative purchase agreements in the amount of $29,284.47 for Bard Trailer office furniture (Attachment 6). Page 9 City of Hermosa Beach Printed on 12/11/2023 9 December 12, 2023City Council Regular Meeting Agenda - Final c)REPORT 23-0694 AWARD OF CONSTRUCTION CONTRACT FOR CIP 696 POLICE STATION IMPROVEMENTS (Public Works Director Joe SanClemente) Recommendation:Staff recommends City Council: 1. Award a construction contract for CIP 696 Police Station Improvements to R Dependable Const Inc. in the amount of $148,790 (Attachment 2); 2. Authorize the Director of Public Works to establish a 30 percent project contingency amount of $44,637 and to approve contract change orders up to the amount of the approved contract contingency; 3. Adopt the attached resolution entitled "A Resolution of the City Council of the City of Hermosa Beach Approving the Construction of CIP 696 Police Station Improvements Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account (Attachment 3);" 4. Authorize the Mayor to execute the construction contract and the City Clerk to attest, subject to approval by the City Attorney; and 5. Authorize the Director of Public Works to file a Notice of Completion following final completion of the project. d)REPORT 23-0746 DISCUSSIONS AND DIRECTION TO CITY STAFF REGARDING REMOTE PARTICIPATION AT CITY MEETINGS AS WELL AS OTHER FORMAT AND OPERATIONAL CONCERNS RELATED TO CITY COUNCIL MEETINGS (City Attorney Patrick Donegan) Recommendation:Staff recommends City Council discuss and provide direction regarding the continued use of remote (Zoom) public participation at City Council meetings, application of any remote public participation policies to other City Boards and Commissions, and any other format or meeting policies City Council would like to see implemented, modified, and/or removed. e)REPORT 23-0735 CITY COUNCIL COMMITTEE REORGANIZATION DECEMBER 2023 (City Clerk Myra Maravilla) Recommendation:Staff recommends City Council: 1. Re-assign committee delegates/alternates or re-affirm current appointments; 2. Adopt a resolution to reflect delegate/alternate changes, if any, to the South Bay Cities Council of Government (Attachment 2); and 3. Add and/or delete any committees or temporary subcommittees, as appropriate. Page 10 City of Hermosa Beach Printed on 12/11/2023 10 December 12, 2023City Council Regular Meeting Agenda - Final XV. FUTURE AGENDA ITEMS This is the time for Councilmembers to schedule future agenda items and to ask questions about the status of previously approved future agenda items. No discussion, debate, or public comment will be taken. Councilmembers should consider the city's work plan when considering new items. The tentative future agenda items document is provided for information only. a)23-0745 TENTATIVE FUTURE AGENDA ITEMS XVI. ADJOURNMENT Page 11 City of Hermosa Beach Printed on 12/11/2023 11 December 12, 2023City Council Regular Meeting Agenda - Final FUTURE MEETINGS AND CITY HOLIDAYS CITY COUNCIL MEETINGS: December 26, 2023 - Tuesday - No Meeting (Dark) January 9, 2024 - Tuesday - No Meeting (Dark) January 23, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting February 10, 2024 - Saturday - City Council Retreat February 13, 2024 - Tuesday - No Meeting (Dark) February 27, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting March 12, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting March 26, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting April 9, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting April 18, 2024 - Thursday - 6:00 PM - CIP Study Session April 23, 2024 - Tuesday - No Meeting (Dark) May 14, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting May 28, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting June 5, 2024 - Wednesday - 6:00 PM - Budget Study Session June 11, 2024 - Tuesday - 5:00 PM - 8:00 PM (Budget Adoption) June 25, 2024 - Tuesday - No Meeting (Dark) July 9, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting July 15, 2024 - Monday - 6:00 PM - Mayor and Mayor Pro Tem Election July 23, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting August 13, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting August 27, 2023 - Tuesday - No Meeting (Dark) September 10, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting September 24, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting October 8, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting October 22, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting November 12, 2024 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting November 26, 2024 - Tuesday - No Meeting (Dark) December 5, 2024 - Thursday - 6:00 PM - Certification of Election Results and Installation of Elected Officials December 10, 2024 - Tuesday - No Meeting (Dark) December 24, 2024 - Tuesday - No Meeting (Dark) Page 12 City of Hermosa Beach Printed on 12/11/2023 12 December 12, 2023City Council Regular Meeting Agenda - Final BOARDS, COMMISSIONS AND COMMITTEE MEETINGS: December 20, 2023 - Wednesday - 5:00 PM - Civil Service Board Meeting January 8, 2024 - Monday - 7:00 PM - Parks and Recreation Advisory Commission Meeting January 16, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting January 17, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting January 17, 2024 - Wednesday - 6:00 PM - Public Works Commission Meeting February 6, 2024 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting February 20, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting February 21, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting March 7, 2024 - Thursday - 7:00 PM - Parks and Recreation Advisory Commission Meeting March 19, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting March 20, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting March 20, 2024 - Wednesday - 6:00 PM - Public Works Commission Meeting April 11, 2024 - Thursday - 7:00 PM - Parks and Recreation Advisory Commission Meeting April 16, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting April 17, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting May 7, 2024 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting May 15, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting May 15, 2024 - Wednesday - 6:00 PM - Public Works Commission Meeting May 21, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting June 4, 2024 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting June 18, 2024 - Tuesday - 5:00 PM - Civil Service Board Meeting June 18, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting July 2, 2024 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting July 16, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting July 17, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting July 17, 2024 - Wednesday - 6:00 PM - Public Works Commission Meeting August 6, 2024 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting August 20, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting August 21, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting September 3, 2024 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting September 17, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting September 18, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting September 18, 2024 - Wednesday - 6:00 PM - Public Works Commission Meeting October 1, 2024 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting October 15, 2024 - Tuesday - 7:00 PM - Planning Commission Meeting October 16, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting November 4, 2024 - Monday - 7:00 PM - Parks and Recreation Advisory Commission Meeting November 18, 2024 - Monday - 7:00 PM - Planning Commission Meeting November 20, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting November 20, 2024 - Wednesday - 6:00 PM - Public Works Commission Meeting December 3, 2024 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting December 16, 2024 - Monday - 7:00 PM - Planning Commission Meeting December 18, 2024 - Wednesday - 5:00 PM - Civil Service Board Meeting Page 13 City of Hermosa Beach Printed on 12/11/2023 13 December 12, 2023City Council Regular Meeting Agenda - Final CITY OFFICES CLOSED FRIDAY-SUNDAY AND ON THE FOLLOWING DAYS: December 25, 2023 - Monday - Christmas Day January 1, 2024 - Monday - New Year's Day January 15, 2024 - Monday - Martin Luther King, Jr. Day February 19, 2024 - Monday - President’s Day April 1, 2024 - Monday - César Chávez Day May 27, 2024 - Monday - Memorial Day June 19, 2024 - Wednesday - Juneteenth July 4, 2024 - Thursday - Independence Day September 2, 2024 - Monday - Labor Day November 11, 2024 - Monday - Veterans Day November 28, 2024 - Thursday - Thanksgiving Day December 25, 2024 - Wednesday - Christmas Day January 1, 2025 - Wednesday - New Year's Day Page 14 City of Hermosa Beach Printed on 12/11/2023 14 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 23-0747 Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of December 12, 2023 MINUTES:Approval of minutes of Closed Session held on November 28, 2023. City of Hermosa Beach Printed on 12/7/2023Page 1 of 1 powered by Legistar™15 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 23-0748 Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of December 12, 2023 CONFERENCE WITH LABOR NEGOTIATOR: Government Code Section 54957.6 City Negotiator:Mayor Massey Unrepresented employee:City Manager City of Hermosa Beach Printed on 12/7/2023Page 1 of 1 powered by Legistar™16 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 23-0738 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 LOCAL CONTEST WINNERS OF THE LOS ANGELES PUBLIC LIBRARY 2023 CHILDREN’S BOOKMARK CONTEST City of Hermosa Beach Printed on 12/7/2023Page 1 of 1 powered by Legistar™17 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 23-0739 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 RECOGNIZING HERMOSA BEACH 2023 CERTIFIED GREEN BUSINESSES City of Hermosa Beach Printed on 12/7/2023Page 1 of 1 powered by Legistar™18 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 23-0737 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 POLICE CHIEF UPDATE City of Hermosa Beach Printed on 12/7/2023Page 1 of 1 powered by Legistar™19 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 23-0751 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 WRITTEN COMMUNICATION Recommended Action: Staff recommends City Council receive and file the written communication. Attachments: 1.Written Communication from Matt McCool 2.Written Communication from Anthony Higgins City of Hermosa Beach Printed on 12/7/2023Page 1 of 1 powered by Legistar™20 matt@mccoolforhermosa.com | (310) 486-9696 | www.McCoolForHermosa.com December 5, 2023 VIA ELECTRONIC MAIL Hermosa Beach City Council 1315 Valley Drive Hermosa Beach, CA 90254 RE:Hermosa Beach Police Officers Association v. City of Hermosa Beach Dear Mayor Massey and City Council: It appears City Manager Lowenthal unilaterally made a significant organizational change to the Hermosa Beach Police Department without informing the public or seeking City Council approval. It was brought to my attention by Case# LA-CE-1582-M of an Unfair Practice Charge was filed by the Hermosa Beach Police Officers Association to the Public Employment Relations Board (PERB). Regardless of the ruling by the PERB, the bigger issue is the lack of open and transparent governance by the City of Hermosa Beach. This is not an unique situation, but a pattern and practice by the City. See attached legal document: opposition to two Police Lieutenants being granted status and pay as Captains without having to undergo a civil service testing process, as well the structure of the Police Department (promoting the Lieutenants without a testing process and providing them a gift of public funds; eliminating at least one sergeant and two lieutenant positions from the Hermosa Beach POA, and other violations of the Meyers-Milias-Brown Act. It should be noted that the California Public Employment Relations Board has issued a charge against the City of Hermosa Beach for their unlawful actions. This is an issue that needs to be addressed publicly, and at least one member of the City Council should question the City Manager on this topic during the next City Council meeting following her report. Very respectfully, Matt McCool 21 22 From:tony higgins To:City Clerk; City Council Cc:Joseph SanClemente; Carrie Tai; Suja Lowenthal Subject:City Council Meeting Written Communications -pls acknowledge Date:Tuesday, December 5, 2023 10:54:28 AM December 5, 2023 Dear City Council Dear City Manager Re: Nov 29 Civic Center Session I would like to recap the 29 Nov Civic Center Study Session. Sadly, my first impression was it as much of a sales job and it was a study session. Consider the 2016 Civic Center Study said: “The existing City Hall was built in the 1960's and then renovated in 2000. Of the existing facilities studied, City Hall could serve the City for another 50 years if renovated and expanded to meeting current staffing and service levels”. Why does the Council think our current City Manager who allowed the rapid decay of our City Hall and has had 5 years and 3 different Public Works Directors to turn things around and deliver projects on-time on-budget and fix deferred maintenance problems is the right person to lead a massive infrastructure now? I welcome evidence to the contrary but when you look at projects from the Clark Building to the Parks Restrooms, from the delayed & over budget City Yard project to the purchase of four Police Cruiser EVs that recently came in 90% over budget, from our delayed Housing Plan to our delayed coastal commission plan our City Manager has not demonstrated she is up to the job. I don’t see how the Council could possibly think she is the right person to bring a massive Civic Center project in on-time and on-budget. Let’s take a hard look at the facts. Mr. Fullerton said the 2016 study concluded that there had been $4,000,000 in deferred maintenance and that amounted to $7,000,000 in todays dollars but because we missed the 2016-2023 maintenance window, renovation and expansion of City Hall is no longer an economically viable. Another way of looking at this is that years of prioritizing other projects and intentionally deferring building maintenance costs has essentially forced the taxpayers hands and now City Hall replacement is the only option. We are also told there is between $5 million -$13 million dollars of Civic Center (old building) deferred maintenance costs that won’t be included in Mr. Fullerton’s $80- 23 $120 million estimated Civic Center project budget because maintenance costs on old buildings are too difficult to estimate. Huh? Add to this the fact that $30 million for the proposed new Ardmore underground parking facility was not included in Mr Fullerton’s $80-$120 million estimate and you can see we are well on our way to a $165 million Civic Center project. Then we have a fairly large parks masterplan and improvements hanging over our budgetary heads. Mr. Fullerton says the goal is a [massive] so called cost neutral P3 City facilities project. That’s certainly the city managers goal. Mr. Fullerton also suggests a Public Private Partnership (P3) plan using community center site to build a new library, a new police station and a new 2 story city hall and new underground parking facility is the best way forward. He also notes this is likely the most expensive option, He suggests the way forward is to use the existing library, city hall and base 3 (dog pound) properties to fund the massive project costs by either selling off this real estate or committing it to long term public/private leases for a large new hotel; as if selling or committing city property to long term leases wasn’t a real and significant cost. Mr Fullerton implied there was a community consensus around a new “signature” City Hall AND a new large hotel but he presented no evidence. Are we to believe a signature city hall will revitalized the downtown business community? I think nearly everyone agrees that selling off scarce Hermosa Beach property should only be done if there is an overwhelming reason to do so. Moreover, large scale long term private sector leases come with significant opportunity costs. These opportunity costs must be carefully evaluated. P3 is not free or cost neutral. At this point, before our extreemly small city invests 100s of millions of dollars and set a direction for the next 70 years we need to first ask do Hermosa, Manhattan and Redondo Beach all need signature city halls, libraries and police departments. Is our long future joining forces in a Public (P1) Partnership with Manhattan and Redondo 24 Beach to reduce our small city’s large overhead costs? It’s a fair question, no? Mr Fullerton cited 5 cities where he claimed Public Private partnerships had been used successfully to implement cost neutral Civic Center projects: San Diego, Long Beach, Newport Beacj Torrance and Garden Grove. Although P3 certainly warrants a look the evidence that these projects were successful or scale well to Hermosa Beach with its scarce land resources was sketchy at best. Much more evidence is needed. And one of Mr. Fullerton’s examples, Newport Beach has been bedeviled with city hall cost overruns and project delays. Moreover, the need for a large hotel is not clear. The city has a new 30 bed hotel on Hermosa Ave another ~15 bed hotel planned for South Hermosa and has allowed short term rentals in the downtown area. Large scale long term private sector leases of scarce Hermosa Beach real estate also come with huge opportunity costs. Councilman Massey said in an attempt to excuse the questionable City Managers deferred City Hall maintenance choices: We have aging facilities in the city like many local governments, Torrance, Burbank, Garden Grove as was mentioned. But just about every city has a ton of deferred maintenance, a ton of aging infrastructure. How do statements like this promote accountability? One thing is clear no matter what path we choose going forward, the Civic Center community engagement process must be resident-centric and not stacked with staff or non-resident business owners. Clearly Fullerton Consulting Group should NOT be chosen to lead the community engagement process nor should Councilman Massey or Jackson be chosen to sit on the Community Engagement Committee They have already put the cart before the horse and shown their hand in favor of Option A. Anthony Higgins. 25 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 23-0736 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES City of Hermosa Beach Printed on 12/7/2023Page 1 of 1 powered by Legistar™26 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 23-0752 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA (City Clerk Myra Maravilla) Recommended Action: Staff recommends City Council waive reading in full of all ordinances on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived. City of Hermosa Beach Printed on 12/7/2023Page 1 of 1 powered by Legistar™27 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0743 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 CITY COUNCIL MEETING MINUTES (City Clerk Myra Maravilla) Recommended Action: Staff recommends City Council approve the minutes for the Tuesday,November 28,2023 regular meeting and the Wednesday, November 29, 2023 Facility Study Session. Attachments: 1.November 28, 2023 Regular Meeting 2.November 29, 2023 Facility Study Session- -Special Meeting Respectfully Submitted by: Myra Maravilla, City Clerk Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 12/7/2023Page 1 of 1 powered by Legistar™28 City Hall 1315 Valley Drive Hermosa Beach, CA 90254 City of Hermosa Beach Meeting Minutes - Draft City Council Mayor Justin Massey Mayor Pro Tem Dean Francois Councilmembers Rob Saemann Mike Detoy Ray Jackson 5:00 PMTuesday, November 28, 2023 DRAFT 5:00 PM - CLOSED SESSION CALL TO ORDER Mayor Massey called the Closed Session to order at 5:00 p.m. ROLL CALL City Clerk Myra Maravilla announced a quorum. Mayor Massey, Mayor Pro Tempore Francois, Councilmember Saemann, Councilmember Detoy, and Councilmember Jackson Present:5 - Absent:0 PUBLIC COMMENT ON THE CLOSED SESSION AGENDA No Public Comment for Closed Session was provided. RECESS TO CLOSED SESSION Mayor Massey recessed to Closed Session at 5:01 p.m. 23-0721a)MINUTES: Approval of minutes of Closed Session held on November 14, 2023. 23-0722b)CONFERENCE WITH LABOR NEGOTIATOR: Government Code Section 54957.6 City Negotiator:Mayor Massey Unrepresented Page 1City of Hermosa Beach Printed on 12/6/2023 29 November 28, 2023City Council Meeting Minutes - Draft employee:City Manager 23-0727c)CONFERENCE WITH LEGAL COUNSEL: Existing Litigation - Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: EBS General Engineering v. City of Hermosa Beach LASC Case Number: 23TRCV02119 Date of Filing: 06/30/2023 6:00 PM - OPEN SESSION I. CALL TO ORDER Mayor Massey called the Open Session to order at 6:37 pm. II. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ben Padnos. III. ROLL CALL City Clerk Maravilla announced a quorum. Mayor Massey, Mayor Pro Tempore Francois, Councilmember Saemann, Councilmember Detoy, and Councilmember Jackson Present:5 - Absent:0 IV. CLOSED SESSION REPORT City Attorney Patrick Donegan provided a Closed Session Report. No reportable action was taken. V. ANNOUNCEMENTS - UPCOMING CITY EVENTS Councilmember Saemann invited the public to visit the Kiwanis Club Hermosa Beach Christmas Tree Lot through December 22, 2023 and announced pictures with Santa Claus are free to visitors. Mayor Massey invited the community to the following events: the 31st Annual Beach Cities Toy Drive on Saturday, December 2nd from 10:00 a.m. to 2:00 p.m. at the City Hall Parking Lot; the Sand Snowman Contest on Saturday, December 9th; and to the Jeff Duclos Community Garden Dedication on December 9th at South Park at 1:00 p.m. VI. APPROVAL OF AGENDA A motion was made by Councilmember Detoy, seconded by Councilmember Saemann to approve the agenda. Page 2City of Hermosa Beach Printed on 12/6/2023 30 November 28, 2023City Council Meeting Minutes - Draft Mayor Pro Tem Francois made a substitute motion to remove Consent Calendar item "i" for separate discussion. Mayor Massey seconded the motion. The substitute motion carried by the following vote: Aye:Mayor Massey, Francois, Saemann, Detoy, and Jackson5 - Absent:0 VII. PROCLAMATIONS / PRESENTATIONS 23-0715a)PRESENTATION FROM ANTHONY PADNOS ON OPEN DIALOGUE Police Chief LeBaron introduced Anthony Padnos. Anthony Padnos provided a presentation on open dialogue. Mayor Massey provided comments. Councilmember Saemann provided comments. 23-0706b)PRESENTATION FROM MARINE MAMMAL CARE CENTER John Warner, CEO from Marine Mammal Care Center, provided a presentation. Mayor Pro Tem Francois provided comments. John Warner asked the public to call 1-800-39-WHALE if a marine mammal is found on the beach. Mayor Massey provided comments. VIII. CITY MANAGER REPORT City Manager Suja Lowenthal provided a City Manager Report. Mayor Pro Tem Francois asked various questions. City Manager Lowenthal provided additional information. IX. PUBLIC PARTICIPATION: ORAL AND WRITTEN COMMUNICATIONS FROM THE PUBLIC In Person Public Comment: Sarah Harper Jonathan Cruz Nick Wilson Page 3City of Hermosa Beach Printed on 12/6/2023 31 November 28, 2023City Council Meeting Minutes - Draft Michael Sribney Virtual Public Comment: Matt McCool a)23-0728 WRITTEN COMMUNICATION A motion was made by Councilmember Detoy, seconded by Councilmember Jackson to receive and file the written communication. The motion carried by the following vote: Aye:Mayor Massey, Francois, Saemann, Detoy, and Jackson5 - Absent:0 X. CITY COUNCILMEMBER COMMENTS 23-0712a)UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES Mayor Pro Tem Francois announced his attendance to the Sanitation District Board of Directors Meeting on November 15, 2023. Councilmember Saemann provided comments. Mayor Pro Tem Francois provided comments. XI. CONSENT CALENDAR Approval of the Consent Calendar A motion was made by Councilmember Detoy, seconded by Mayor Pro Tempore Francois to move Consent Calendar item "i" for separate discussion and approve the remainder of the Consent Calendar. The motion carried by the following vote: Aye:Mayor Massey, Francois, Saemann, Detoy, and Jackson5 - Absent:0 23-0716a)WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA (City Clerk Myra Maravilla) A motion was made to approve the recommendation on the Consent Calendar. b)REPORT 23-0713 CITY COUNCIL MEETING MINUTES (City Clerk Myra Maravilla) A motion was made to approve the recommendation on the Consent Calendar. Page 4City of Hermosa Beach Printed on 12/6/2023 32 November 28, 2023City Council Meeting Minutes - Draft c)REPORT 23-0702 CHECK REGISTERS (Finance Director Viki Copeland) A motion was made to approve the recommendation on the Consent Calendar. d)REPORT 23-0704 REVENUE REPORT, EXPENDITURE REPORT, AND CIP REPORT BY PROJECT FOR SEPTEMBER AND OCTOBER 2023 (Finance Director Viki Copeland) A motion was made to approve the recommendation on the Consent Calendar. e)REPORT 23-0701 CITY TREASURER’S REPORT AND CASH BALANCE REPORT (City Treasurer Karen Nowicki) A motion was made to approve the recommendation on the Consent Calendar. f)REPORT 23-0695 CAPITAL IMPROVEMENT PROGRAM STATUS REPORT AS OF NOVEMBER 22, 2023 (Public Works Director Joe SanClemente) A motion was made to approve the recommendation on the Consent Calendar. g)REPORT 23-0699 ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF SEPTEMBER 20, 2023 AND THE PUBLIC WORKS COMMISSION SPECIAL MEETING OF OCTOBER 18, 2023 (Public Works Director Joe SanClemente) A motion was made to approve the recommendation on the Consent Calendar. h)REPORT 23-0705 ADOPTION OF AN ORDINANCE ADDING CHAPTER 12.09 TO THE HERMOSA BEACH MUNICIPAL CODE TO ESTABLISH A CITYWIDE PAVEMENT MORATORIUM AND TO MODIFY CHAPTER 1.10 OF HBMC TO INCLUDE VIOLATION OF THE PAVEMENT MORATORIUM AS A CODE VIOLATION SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES AND DETERMINE THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Public Works Director Joe SanClemente) A motion was made to approve the recommendation on the Consent Calendar. j)REPORT 23-0718 PLANNING COMMISSION TENTATIVE FUTURE AGENDA (Community Development Director Carrie Tai) A motion was made to approve the recommendation on the Consent Calendar. Page 5City of Hermosa Beach Printed on 12/6/2023 33 November 28, 2023City Council Meeting Minutes - Draft k)REPORT 23-0717 ACTION MINUTES OF THE CIVIL SERVICE BOARD SPECIAL MEETING OF AUGUST 30, 2023 (Human Resources Manager Vanessa Godinez) A motion was made to approve the recommendation on the Consent Calendar. l)REPORT 23-0708 SOUTH BAY WORKFORCE INVESTMENT BOARD QUARTERLY SUMMARY A motion was made to approve the recommendation on the Consent Calendar. m)REPORT 23-0707 LIST OF REGULAR AND ONGOING CITY BOARD AND COMMISSION APPOINTIVE TERMS THAT WILL EXPIRE DURING THE 2024 CALENDAR YEAR (City Clerk Myra Maravilla) A motion was made to approve the recommendation on the Consent Calendar. n)REPORT 23-0666 REQUEST FOR APPROVAL OF SPONSORSHIP DONATION TO THE BEACH CITIES HEALTH DISTRICT’S 25th ANNUAL HOLIDAY GIFT BAG PROJECT (Executive Assistant Ann Yang) A motion was made to approve the recommendation on the Consent Calendar. o)REPORT 23-0720 ADOPTION OF RESOLUTION EXTENDING CITY’S DEADLINE TO ESTABLISH AN ONLINE PERMITTING SYSTEM FOR POST-ENTITLEMENT PERMIT TO JANUARY 2026 AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (City Attorney Patrick Donegan) A motion was made to approve the recommendation on the Consent Calendar. XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION i)REPORT 23-0714 ACTION MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF NOVEMBER 13, 2023 (Community Development Director Carrie Tai) Community Development Director Carrie Tai provided a staff presentation. City Attorney Donegan provided comments. Mayor Massey provided comments. Page 6City of Hermosa Beach Printed on 12/6/2023 34 November 28, 2023City Council Meeting Minutes - Draft Councilmember Saemann and Mayor Pro Tem Francois expressed support to pull item 6.b from the November 13, 2232 Planning Comission minutes for City Council consideration at a future Public Hearing. City Manager Lowenthal provided comments. Virtual Public Comment: Laura Pena It was moved by Councilmember Saemann, seconded by Mayor Pro Tem Francois to bring Planning Commission item 6.b. before the City Council for a Public Hearing. The motion was carried by the following vote: Aye:Francois, Saemann, and Jackson3 - No:Mayor Massey1 - Absent:0 Abstain:Detoy1 - A motion was made by Councilmember Detoy, seconded by Councilmember Jackson to receive and file the remainder of the action minutes of the Planning Commission regular meeting of November 13, 2023. The motion carried by the following vote: Aye:Mayor Massey, Francois, Saemann, Detoy, and Jackson5 - Absent:0 XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M. a)REPORT 23-0657 RESOLUTION APPROVING THE ALLOCATION OF $147,148 OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO CONSTRUCT AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANT SIDEWALK PANELS AND CURB RAMPS (Public Works Director Joe SanClemente) Public Works Director Joe SanClemente provided a staff presentation. Councilmember Detoy provided comments. Councilmember Jackson provided comments. Mayor Pro Tem Francois provided comments. No Public Comment was provided. A motion was made by Councilmember Detoy, seconded by Councilmember Saemann to adopt a resolution approving the Fiscal Year 2023-24 Community Development Block Grant (CDBG) program allocating and authorizing the use of $147,148 of funds to construct Americans with Disabilities Act (ADA) compliant Page 7City of Hermosa Beach Printed on 12/6/2023 35 November 28, 2023City Council Meeting Minutes - Draft sidewalk panels and curb ramps; and approve an appropriation of $13,831 from the CDBG funds to CIP 624-CDBG Improvements. The motion carried by the following vote: Aye:Mayor Massey, Francois, Saemann, Detoy, and Jackson5 - Absent:0 XIV. MUNICIPAL MATTERS a)REPORT 23-0700 PURCHASE OF VEHICLES FOR POLICE DEPARTMENT (Public Works Director Joe SanClemente) Director SanClemente provided a staff presentation. Councilmember Saemann provided comments. Police Chief LeBaron provided information. Director SanClemente provided information. Mayor Pro Tem Francois provided comments. Mayor Massey provided comments. Councilmember Jackson provided comments. City Manager Lowenthal provided comments. Councilmember Detoy provided comments. Virtual Public Comment: Matt McCool Dency Nelson The City Council continued to deliberate on this item. A motion was made by Councilmember Detoy, seconded by Councilmember Jackson to authorize the purchase of four patrol pursuit vehicles in an amount not to exceed $312,000 from National Auto Fleet Group, the State of California's General Services Department Statewide Contract for Fleet Vehicles, or sole source from a dealership as the vehicle becomes available; and authorize the outfitting of each of the vehicles, not to exceed $108,000 for all four vehicles, through National Auto Fleet Group; and approve an additional appropriation of $195,000 to the Equipment Replacement Fund's fund balance to the Police Department Equipment Replacement Fund to fund the purchase and outfitting of the vehicles.that this Action Item be adopted. The motion carried by the following vote: Aye:Mayor Massey, Francois, Saemann, Detoy, and Jackson5 - Page 8City of Hermosa Beach Printed on 12/6/2023 36 November 28, 2023City Council Meeting Minutes - Draft Absent:0 b)REPORT 23-0709 CITY COUNCIL MEETING SCHEDULE FOR 2024 (Executive Assistant Ann Yang) Executive Assistant Ann Yang provided a staff presentation. Virtual Public Comment: Matt McCool Councilmember Detoy provided comments. Mayor Pro Tem Francois provided comments. Mayor Massey provided comments. City Manager Lowenthal provided comments. Executive Assistant Yang provided information. City Attorney Donegan provided comments. City Clerk Maravilla provided comments. Councilmember Jackson provided comments. A motion was made by Mayor Massey, seconded by Councilmember Jackson to approve the City Council meeting schedule for 2024 with modifications, and approve the resolution establishing the meeting dates and times of the CIty Council for calendar year 2024 with the modifications as follows: establish the standard start time of 5:00 p.m. for Closed Session and 6:00 p.m. for Open Session with the exception of July 11, 2024 meeting to begin at 5:00 p.m; and add the following meeting dates to the 2024 City Council meeting dates: June 11, 2024, July 15, 2024, October 22, 2024, and December 5, 2024; and remove the following meeting dates: June 19, 2024, July 18, 2024, November 26, 2024, and December 10, 2024. The motion carried by the following vote: There was a substitute motion by Mayor Pro Tem Francois to change the standard start time for the 2024 City Council meetings to 6:00 p.m. for Closed Session and 7:00 p.m. for Open Session. The motion failed for a lack of a second. The original motion was carried by the following vote: Aye:Mayor Massey, Francois, Saemann, Detoy, and Jackson5 - Absent:0 XV. FUTURE AGENDA ITEMS a)23-0723 TENTATIVE FUTURE AGENDA ITEMS Page 9City of Hermosa Beach Printed on 12/6/2023 37 November 28, 2023City Council Meeting Minutes - Draft Councilmember Saemann requested to bring back the City's COVID-19 requirements for employment and update the City's position at a future meeting. Mayor Pro Tem Francois provided support for an informational item only. Mayor Pro Tem Francois requested to bring forth a private citizen issue related to the cost of a tree removal. No support was provided for this item. Public Works Director SanClemente provided comments. Mayor Massey provided comments. City Manager Lowenthal provided comments. City Attorney Donegan provided comments. XVI. ADJOURNMENT Mayor Massey adjourned the meeting at 10:06 p.m. Page 10City of Hermosa Beach Printed on 12/6/2023 38 City Hall 1315 Valley Drive Hermosa Beach, CA 90254 City of Hermosa Beach Meeting Minutes - Draft City Council Mayor Justin Massey Mayor Pro Tem Dean Francois Councilmembers Rob Saemann Mike Detoy Ray Jackson 6:00 PMWednesday, November 29, 2023 DRAFT 6:00 PM – FACILITIES STUDY SESSION I. CALL TO ORDER Mayor Massey called the Study Session to order at 6:06 p.m. II. PLEDGE OF ALLEGIANCE Tom Blakely, CEO of Beach Cities Health District, led the Pledge of Allegiance. III. ROLL CALL City Clerk Myra Maravilla announced a quorum. Mayor Massey, Mayor Pro Tempore Francois, Councilmember Saemann, Councilmember Detoy, and Councilmember Jackson Present:5 - Absent:0 IV. ANNOUNCEMENTS Councilmember Saemann announced that Santa Claus is visiting the Kiwanis Tree Lot over the weekend from 3:00 p.m. to 7:00 p.m. The tree lot is open seven days a week and all proceeds support charitable causes. V. PUBLIC PARTICIPATION Virtual Public Comment: Kent Allen Matt McCool Page 1City of Hermosa Beach Printed on 12/6/2023 39 November 29, 2023City Council Meeting Minutes - Draft VI. OPENING REMARKS a)REPORT 23-0703 FACILITIES STUDY SESSION (City Manager Suja Lowenthal) City Manager Suja Lowenthal provided opening remarks. Principal of Fullerton Consulting Partners, Jeffrey Fullerton, provided a presentation. VII. COUNCIL QUESTIONS The City Council opted to ask questions during discussion of facilities. VIII. PUBLIC PARTICIPATION In Person Public Comment: Scott Hayes Scott Davey Laura Pizer-Mains Tom Blakely Virtual Public Comment: Anthony Higgins Jon Davis Laura Pena Kent Allen IX. COUNCIL DISCUSSION Mayor Massey asked various clarifying questions and provided comments. Jeffrey Fullerton provided information. City Manager Lowenthal provided information. Finance Director Viki Copeland provided information. Councilmember Saemann asked various clarifying questions and provided comments. Councilmember Jackson asked various clarifying questions and provided comments. Councilmember Detoy asked various clarifying questions and provided comments. Page 2City of Hermosa Beach Printed on 12/6/2023 40 November 29, 2023City Council Meeting Minutes - Draft Councilmember Saemann provided comments. Mayor Pro Tem Francois asked various clarifying questions and provided comments. The City Council continued deliberations. In Person Public Comment: Janice Brittain Scott Hayes Virtual Public Comment: Anthony Higgins Councilmember Detoy provided closing remarks. City Manager Lowenthal provided comments. Mr. Fullerton provided an overview of the timeline for next steps. Mayor Massey provided closing remarks. Councilmember Jackson provided closing remarks. Councilmember Saemann provided closing remarks. Mayor Pro Tem Francois provided closing remarks. Mayor Massey provided closing remarks. City Manager Lowenthal stated that staff will bring an item to the City Council in January 2024 with various options to initiate the community engagement plan for the Hermosa Beach Civic Center. X. ADJOURNMENT OF STUDY SESSION Mayor Massey adjourned the meeting at 8:47 p.m. Page 3City of Hermosa Beach Printed on 12/6/2023 41 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0742 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 CHECK REGISTERS (Finance Director Viki Copeland) Recommended Action: Staff recommends City Council ratify the following check registers. Attachments: 1.Check Register 11/15/2023 2.Check Register 11/22/2023 3.Check Register 11/29/2023 Respectfully Submitted by: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 12/7/2023Page 1 of 1 powered by Legistar™42 Attachment 1Check Register Page: 1 11/15/2023 4:32:56PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice Description/Account Amount 104159 11/15/2023 09366 AQUA FLO Sl2217475 MAT REQ 806080 IRRIGATION SUPPLIES 001-6101-4309 786.95 09366 Total: 786.95 104160 11/15/2023 23132 ATALLA, ROSEMARY PO40484 PARKING PERMIT REFUND 24-02344 001-3843 50.00 23132 Total: 50.00 104161 11/15/2023 06409 BLUE DIAMOND MATERIALS 3435080 MAT REQ 632961/SHEET ASPHALT 001-3104-4309 118.69 06409 Total: 118.69 104162 11/15/2023 00262 CALIFORNIA MARKING DEVICE 7306 MAT REQ 909837 STAMP FOR RECORDS 001-2101-4305 30.66 00262 Total: 30.66 104163 11/15/2023 23130 CALOYANNIDES, MELODY PO40486 REFUND FOR PARKING PERMIT 24-01646 001-3843 50.00 23130 Total: 50.00 104164 11/15/2023 10838 CANON SOLUTIONS AMERICA, INC 6005888969 COPIER MAINT/COMM RES/JUL-OCT23 001-4601-4305 238.09 6005982800 COPIER MAINT/COMM SVS/JUL-OCT23 001-3302-4305 37.05 10838 Total: 275.14 104165 11/15/2023 23123 CARDIO PARTNERS INC. INV3289182 AED SUPPLIES 001-1201-4201 3,520.00 001-1201-4201 334.40 23123 Total: 3,854.40 104166 11/15/2023 09436 COMPLETES PLUS Cust#284080 VEHICLE MAINT/REPAIR PARTS/OCT23 715-2101-4311 495.65 715-3104-4311 77.18 715-3302-4311 347.43 09436 Total: 920.26 104167 11/15/2023 22389 DAVIS, CHRISTINA PO 40546 INSTRUCTOR PYMTS CL.ASSES THRU 11.18.23 001-4601-4221 14,661.81 43 Check Register Page: 2 11/15/2023 4:32:56PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice Description/Account Amount 104167 11 /15/202322389 DAVIS, CHRISTINA (Continued) Total: 14,661.81 104168 11/15/2023 22221 ENCODEPLUS, LLC 2592 MAT REQ 632733 ORDINANCE CODIFICATION 001-1121-4201 180.00 22221 Total : 180.00 104169 11/15/2023 06293 FEDEX OFFICE 101600033240 MAT REQ 768549 PRINTING SVS/CERTIFICATES 001-1101-4305 3.07 101600052006 MAT REQ 768549 PRINTING SVS/CERTIFICATES 001-1101-4305 7.52 101600052324 MAT REQ 768549 PRINTING SVS/CERTIFICATES 001-1101-4305 3.07 06293 Total : 13.66 104170 11/15/2023 22096 GALLATIN INVESTIGATIONS 202300007 PARTIAL BACKGROUND/SCHROEDER 001-2101-4201 375.00 22096 Total : 375.00 104171 11/15/2023 10836 GRAINGER 9898625620 MAT REQ 787486/MAINTENANCE SUPPLIES 001-3104-4309 279 .54 9899303862 MAT REQ 787485/MAINTENANCE SUPPLIES 001-3104-4309 962.55 10836 Total : 1,242.09 104172 11/15/2023 22892 GREG MINK ENTERPRISES LLC 1464 ARBORIST REPORT@7TH AND PROSPECT 115-8191-4201 250.00 22892 Total : 250.00 104173 11/15/2023 21413 HATCH , BRYAN S Parcel 4186 019 037 STREET LIGHT &·SEWER TAX REBATE/FY24 001 -6871 139.58 105-3105 24.61 21413 Total : 164.19 104174 11/15/2023 23146 HUMPHREY, RUSS A. PO40525 CASH KEY REFUND 001-3851 25.50 23146 Total : 25.50 104175 11/15/2023 19314 IPS GROUP INC INV90450 PARKING METER CC FEES/OCT23 001-3305-4201 418 .31 001-3304-4201 344.06 44 Check Register Page: 3 11/15/2023 4:32:56PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice Description/Account Amount 104175 11/15/2023 19314 IPS GROUP INC (Continued) 001-3302-4201 19,999.55 INV90841 METER REPLACEMENT PARTS 001-3302-4201 6,250.00 001-3302-4201 593.75 19314 Total : 27,605.67 104176 11/15/2023 23131 JEPPESEN.KENT PO40492 PARKING PERMIT REFUND 24-06643 001-3843 50.00 23131 Total : 50.00 104177 11/15/2023 23147 JOHANSEN.MEGAN Cit#31035544 CITATION REFUND PER MARK GROH 001-3302 323.00 23147 Total : 323.00 104178 11/15/2023 05356 JOHN L HUNTER AND ASSOC INC HB1MS4123309 MUNI STORMWATER PROGRAM ASSIST/SEPT23 161-3109-4201 6,027 .50 05356 Total: 6,027.50 104179 11/15/2023 23154 LAW OFFICE OF FORREST R MILLER R#001-00877 458 SUBPEONA NO LONGER NEEDED 001-3818 654.93 23154 Total : 654.93 104180 11/15/202318274 MAGNUM VENTURE PARTNERS PO40532 INSTRUCTOR PYMTS CLASSES THRU 11.11.23 001-4601-4221 3,213.00 18274 Total : 3,213.00 104181 11/15/2023 22400 MBM GEAR 68456 PW EMPLOYEE JACKETS (2) 001-4202-4314 79 .96 001-4202-4314 8.00 22400 Total: 87.96 104182 11/15/2023 18071 MERCHANTS LANDSCAPE SERVICES 61987 CITYWIDE LANDSCAPING SERVICES/AUG23 001-6101-4201 33,045.17 105-2601-4201 11,102.92 62083 CITYWIDE LANDSCAPING SERVICES/SEPT23 001-6101-4201 33,045.17 105-2601-4201 11,102.92 62196 CITYWIDE LANDSCAPING SERVICES/OCT23 001-6101-4201 33,045 .17 45 Check Register Page : 4 11/15/2023 4:32:56PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 104182 11/15/2023 18071 MERCHANTS LANDSCAPE SERVICES (Continued) 105-2601-4201 11,102 .92 62260 EXTRA LANDSCAPE WORK/OCT23 001-6101-4201 866.00 18071 Total: 133,310.27 104183 11/15/2023 22701 NATIONAL RECREATION&PARK ASSOC PO40548 PREMIER MEMBERSHIP FOR 1-10 EMPLOYEES 001-4601-4315 700 .00 22701 Total : 700.00 104184 11/15/2023 13114 ODP BUSINESS SOLUTIONS , LLC 338348794001 MAT REQ 787482/OFFICE SUPPLIES 001-4202-4305 69.13 339092971001 MAT REQ 838998/OFFICE SUPPLIES 001-2101-4305 95.33 341363356001 MAT REQ 632821/OFFICE SUPPLIES 001-4201-4305 96.36 341591269001 MAT REQ 806605/OFFICE SUPPLIES 001-4601-4305 55.39 341605149001 MAT REQ 787484/OFFICE SUPPLIES 001-4202-4305 23.01 341608285001 MAT REQ 787484/OFFICE SUPPLIES 001-4202-4305 39.03 13114 Total : 378.25 104185 11/15/2023 00093 OLYMPIC AUTO CENTER 14466 MAT REQ 806837 BODYWORK/AUTO REPAIR 715-2101-4311 1,221.71 00093 Total : 1,221.71 104186 11/15/2023 01911 PROVIDENCE MEDICAL Guarantor! D600000285 PRE-EMPLOYMENT PHYSICALS/OCT23 001-1203-4320 1,365.00 01911 Total : 1,365.00 104187 11/15/2023 17676 PRUDENTIAL OVERALL SUPPLY Cust#12754-05 YARD UNIFORMS, TOWELS, & MATS/OCT23 001-2101-4309 70.86 001-3104-4309 51.98 001-3302-4309 63 .80 001-4202-4314 410 .86 001-4204-4309 125.00 715-4206-4309 44.06 46 Check Register Page : 5 11/15/2023 4:32:56PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice Description/Account Amount 104187 11 /15/202317676 PRUDENTIAL OVERALL SUPPLY (Continued) Total : 766.56 104188 11/15/2023 13255 RED SECURITY GROUP, LLC 81154 MAT REQ 806254 LOCKSMITH SERVICES 001-4204-4309 112.50 81295 MAT REQ 668457 LOCKSMITH SERVICES 001-4204-4309 110.00 13255 Total : 222.50 104189 11/15/2023 20061 REGIONAL TAP SERVICE CENTER 6020845 BUS PASS SALES 145-3403-4251 19.20 20061 Total : 19.20 104190 11/15/2023 21153 RJ PRINTING & PROMOTIONAL 1169 WINDOW ENVELOPES 001-1208-4305 696.90 001-1208-4305 59.75 1171 NO PARKING SIGNS 001-4601-4308 377.50 001-4601-4308 32.78 21153 Total : 1,166.93 104191 11/15/2023 20932 RK SPORTS LLC PO40538 INSTRUCTOR PAYMENT CLASS 11125 001-4601-4221 882.00 PO40549 INSTRUCTOR PYMTS CLASSES THRU 11.18.23 001-4601-4221 3,024.00 20932 Total : 3,906.00 104192 11/15/2023 16425 SAFEWAY INC VONS Acct#150882 REFRESHMENTS & CLEANING SUPPLIES/OCT23 001-4601-4308 150.03 001-1203-4201 17.71 16425 Total : 167.74 104193 11/15/2023 03353 SBCU VISA 0103365-1520261 cc TARGET TRAINING SUPPLIES 001-2101-4201 60.60 001-2101-4201 27.65 0316460-1712270 cc EXCURSION GOODY BAGS 001-4601-4308 38.20 001-4601-4308 3.62 03947-56637757 cc BUSINESS CARDS/HONMA & RODRIGUEZ . 001-1121-4323 32.00 03J0034513168 cc WATER DELIVERY FOR PD/OCT23 47 Check Register Page: 6 11/15/2023 4:32:56PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 104193 11/15/2023 03353 SBCU VISA (Continued) 001-2101-4305 535.41 0947234-8800217 cc PROPERTY ROOM SUPPLIES 001 -2101-4306 52.93 001-2101-4306 5.03 10259-0000287397 cc TACTICS INSTRUCTOR COURSE 001-2101-4317 4,500.00 1227533-3558657 cc OFFICE SUPPLIES 001 -2101-4329 20.85 001-2101-4305 44.84 001-2101-4329 1.98 001-2101-4305 4.26 1262514-6793057 cc TRAINING SUPPLIES 001-2101-4201 249.99 001-2101-4329 9.99 001-2101-4201 23.75 001-2101-4329 0.95 2023P2P CC TEAM REGISTRATION FOR FRIENDSHIP WALK 001-1203-4201 390 .00 2385776-8034622 cc COMMUNITY MOVIE NIGHT -DISCO LIGHTS 001-4601-4308 13 .88 001-4601-4308 1.32 255 cc COMMUNITY MOVIE NIGHT -SANTA 001-4601-4308 370.00 35343252 cc LEADERSHIP COURSE/RUSHTON 001-2101-4312 495.00 4500979-2220221 cc HDMI TO VGA ADAPTER 001-4601-4201 8.75 4592862-2538636 cc COMMUNITY MOVIE NIGHT -CRAFTS & GAMES 001-4601-4308 190.19 001-4601-4308 18.05 5167421-5338640 cc RANGE SUPPLIES 001-2101-4201 399.96 001-2101-4201 38.00 5202614-6774666 cc GENERAL FACILITY SUPPLIES 001-4601-4201 31 .98 001-4601-4201 3.03 5649832-8841054 cc CITY CLERK OFFICE SUPPLIES 001-1121-4305 6.56 48 Check Register Page: 7 11/15/2023 4:32:56PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 104193 11/15/2023 03353 SBCU VISA (Continued) 001-1121-4305 0.62 610210 cc DINNER FOR GANG SWEEP 001-2101-4305 235.00 6489417-7301832 cc CITY CLERK OFFICE SUPPLIES 001-1121-4305 334.59 001-1121-4305 31.77 6489417-7301832RT CC RETURNED OFFICE SUPPLIES 001-1121-4305 -21.88 6516485-8185012RT CC RETURNED OFFICE SUPPLIES 001-1121-4305 -109.49 7139957-3066633 cc SPIDERBOX EXTENSION CORD 001-4601-4201 344.91 7844797 cc NOTARY CONF&RENEWAL/MARAVILLA 001-1201-4201 657.15 Auth#480266 CC SAMPLE DECKING FOR PIER PROJECT 122-8629-4201 139.23 BO 2103720 CC MOVIE SCREENING LICENSE -CARRIE 001-4601-4308 480.00 ML0GTFG33N4 CC SENIOR CENTER MOVIES/MUSIC/OCT23 001-4601-4328 10.99 ML0GV0FJ88 CC SENIOR CENTER CLOUD STORAGE/OCT23 001-4601-4328 0.99 Oct2023 CC FASTRAKACCOUNT REPLENISHMENT OCT23 001-2101-4305 140.00 Oct2023 CC SUP.ERCHARGER FEES/OCT23 715-2101-4311 70.15 PO40223 CC MEMBERSHIP RENEWAL FOR BRIAN SOUSA 001-4601-4315 145.00 PO40323 CC CPRS REGION 5 MINI-CONFERENCE 001-4601-4317 60.00 REC#1020-8433 CC CRISIS INTERVENTION TRAINING/ORTIZ 001-2101-4317 125.00 Ref#200134216260 CC ANNUAL MEMBERSHIP -MAGVERN BY 001-4202-4315 166.00 TR1017 CC LODGING-LEADERSHIP TRAINING/DELEON 001-2101-4313 262.26 TR1019-20-21-22 CC CONFERENCE/NICHOLS/SOUSA/VINT/SHATTUCK 001-4601-4317 1,440.00 49 Check Register Page: 8 11/15/2023 4:32:56PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 104193 11/15/2023 03353 SBCU VISA (Continued) TR1027 CC FLIGHTTOABC-OTS TRAINING 10.17.23 001-2101-4317 811.96 03353 Total : 12,903.02 104194 11/15/2023 07228 SHML, ROBERT Parcel 4188 020 076 STREET LIGHT TAX REBATE/FY24 105-3105 24 .61 07228 Total : 24.61 104195 11/15/2023 09491 SIGNVERTISE 11504 HOLIDAY PARKING BANNER INSTALL 001-1201-4201 1,256.70 09491 Total: 1,256.70 104196 11/15/2023 22976 SIREN CREATIVE LLC PO39737 HAZARD MITIGATION PROGRAM SVS/OCT23 150-1227-4201 19,587.50 22976 Total : 19,587.50 104197 11/15/2023 19829 SITEONE LANDSCAPE SUPPLY, LLC 135943449-001 MAT REQ 938798/LANDSCAPING SUPPLIES 001-6101-4309 32.62 136264095-001 MAT REQ 806079/LANDSCAPING SUPPLIES 001-6101-4309 722.26 19829 Total : 754.88 104198 11/15/2023 00170 SOCALGAS 011 004 5767 8 CITY-OWNED SLOGS/NATURAL GAS/OCT23 001-4204-4303 23.74 00170 Total : 23.74 104199 11/15/2023 00170 SOCALGAS 170-781-3287 9 YARD CNG STATION/SEPT23 715-3104-4310 4 .60 715-4204-4310 4 .59 715-6101-4310 4.59 170-781-3287 9 YARD CNG STATION/OCT23 715-3104-4310 4.63 715-4204-4310 4.63 715-6101-4310 4.62 00170 Total : 27.66 104200 11/15/2023 18178 SOUTHERN CALIFORNIAAUDIO 10868 MAT REQ 806825 WINDOW TINTING 715-2101-4311 291 .15 10870 MAT REQ 806826 WINDOW TINTING 50 Check Register Page: 9 11/15/2023 4:32:56PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 104200 11/15/2023 18178 SOUTHERN CALIFORNIAAUDIO (Continued) 715-2101-4311 88.78 18178 Total : 379.93 104201 11/15/2023 20236 SPECTRUM BUSINESS 8448 30 030 0046247 CllY HALL CABLE/NOV23 715-4204-4201 114.85 20236 Total: 114.85 104202 11/15/2023 19082 T-MOBILE Acct 267037374 COMM RES CELL PHONES/OCT23 001-4601-4304 6.68 19082 Total : 6.68 104203 11/15/202315901 TRANSTECH ENGINEERS, INC 20233821 SKECHERS PLAN CHECK/JUN23 001-2151 671.00 15901 Total: 671.00 104204 11/15/202314148 UPS 000023R146443 MAT REQ 909829 LATE FEE 001-2101-4305 1.62 000023R 146453 MAT REQ 909835 SHIPPING SERVICES 001-2101-4305 16.75 14148 Total : 18.37 104205 11/15/2023 09672 VCA COAST ANIMAL HOSPITAL 5790636284 MEDICAL BILL FOR K9 CHARLIE 001-2101-4201 373.76 09672 Total : 373.76 47 Vouchers for bank code : boa Bank total : 240,327.27 47 Vouchers in this report Total vouchers : 240,327.27 51 11/15/2023 4:32:56PM Bank code : boa Voucher Date Vendor "I hereby certify that the demands or claims covered by the checks listed on pages \ to \ O inclusive, of the check register for l \ (ls\ ZOZ2, are accurate funds are available for payment, and are in conformance to the budget." By ___________________ Finance Director Date __________________ _ Check Register Page: 10 CITY OF HERMOSA BEACH Invoice Description/Account Amount 11/15/23 52 Attachment 2Check Register Page: 1 11/22/2023 11:28:36AM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice Description/Account Amount 104206 11/22/2023 22681 4LEAF, INC J4061J STAFF AUGMENTATION FOR COMM DEV/OCT23 001-4201-4201 21,450.00 22681 Total: 21,450.00 104207 11/22/2023 06349 ACTIVE NETWORK, LLC 1015294 ACTIVE NETWORK SERVICE SETUP FEE 001-4601-4201 1,400.00 06349 Total: 1,400.00 104208 11/22/2023 11437 ADMINISTRATIVE SERVICES CO OP 231017 TAXI VOUCHER PROGRAM -CARDS/OCT23 145-3404-4201 1,930.46 145-3853 -95.00 11437 Total: 1,835.46 104209 11/22/2023 22728 AMERICAN UPHOLSTERY INC 12507D MR#806831 VEHICLE UPHOLSTERY REPAIRS 715-2101-4311 985.00 22728 Total: 985.00 104210 11/22/2023 17965 AMGRAPH GROUP, INC 16911011 FLAG INSTALL & REMOVAL FOR VETERAN'S DAY 001-1101-4319 2,660.00 17965 Total: 2,660.00 104211 11/22/2023 00321 AT&T 960 460 1985 555 7 SEPT23 DUPLICATE PAYMENT 001-2101-4304 -239.27 960 461-1985 555 7 PD COMPUTER CIRCUITS/NOV23 001-2101-4304 252.76 00321 Total: 13.49 104212 11/22/2023 13361 AT&T MOBILITY 287298411168X1110202 PD&CSO CELL PHONES/LPR CAMERAS/OCT23 001-2101-4304 972.61 001-3302-4304 88.52 001-2101-4201 117.60 13361 Total: 1,178.73 104213 11/22/2023 13361 AT&T MOBILITY 287016141723X111420~ PW&COMM DEV CELL PHONES/TABLETS/OCT23 001-4202-4304 451.31 001-4201-4304 324.91 13361 Total: 776.22 104214 11/22/2023 13361 AT&T MOBILITY 287301168383X111020~ EOG MANAGER CELL PHONE/OCT23 53 Check Register Page: 2 11/22/2023 11:28:36AM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice Description/Account Amount 104214 11/22/2023 13361 AT&T MOBILITY (Continued) 001-1201-4304 50.07 13361 Total : 50.07 104215 11/22/2023 227 42 BEACH KIDS YOGA PO40558 INSTRUCTOR PAYMENT CLASS 11029 001-4601-4221 152.73 22742 Total: 152.73 104216 11/22/2023 17706 BENDER, ROSALIND Parcel 4185 004 012 STREET LIGHT & SEWER TAX REBATE/FY24 001-6871 139.58 105-3105 24.61 17706 Total : 164.19 104217 11/22/2023 00163 BRAUN LINEN SERVICE ACCT70664 INMATE LAUNDRY SERVICE/OCT23 001-2101-4306 279 .38 00163 Total : 279.38 104218 11/22/2023 22998 BY,MAGVERN PO40560 TAP CARD REIMBURSEMENT-OCT23 145-3416-4201 200.00 22998 Total : 200.00 104219 11/22/2023 00261 CA PEACE OFFICERS ASSOCIATION 367830 ANNUAL MEMBERSHIP 2024/PROFESSIONAL 001-2101-4315 200.00 367840 ANNUAL MEMBERSHIP 2024/SWORN 001-2101-4315 1,150.00 00261 Total : 1,350.00 104220 11/22/2023 09632 CDWG MX90750 SFP MODULE FOR SWITCH 715-1206-5401 227.00 715-1206-5401 21.57 715-1206-5401 13.63 09632 Total : 262.20 104221 11/22/2023 23150 CLEATOR, JOHN PO40562 CITATION (31035355) REFUND -VOIDED 001-3302 53.00 23150 Total : 53.00 104222 11/22/2023 23164 COMMISO, LUCAS Permit#R26283 DAMAGE DEPOSIT REFUND 001-2111 132.00 54 Check Register Page: 3 11/22/2023 11:28:36AM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice Description/Account Amount 104222 11/22/202323164 COMMISO, LUCAS (Continued) Total: 132.00 104223 11/22/2023 00879 COUNTY OF LOS ANGELES REPW23110602882 TRAFFIC SIGNAL MAINTENANCE/OCT23 001-3104-4251 113.85 00879 Total: 113.85 104224 11/22/2023 00364 DEPARTMENT OF JUSTICE 691929 MAT REQ 668304/FINGERPRINTING/OCT23 001-1203-4251 160.00 00364 Total: 160.00 104225 11/22/2023 22113 ELITE PRIVATE INVESTIGATION 202315 INVESTIGATION SVS THRU NOV23/FAULK 001-2101-4201 960.00 22113 Total: 960.00 104226 11/22/2023 19884 FRONTIER 209-188-4669-0714985 LANDLINES/COMPUTER LINKS/NOV23 001-3302-4304 113.21 001-2101-4304 720.36 001-4204-4321 261.03 001-4202-4304 71.75 001-3304-4304 65.82 001-1204-4304 69.99 715-1206-4304 1,582.23 19884 Total : 2,884.39 104227 11/22/2023 19884 FRONTIER 209-190-0013-1206175 PD COMPUTER CIRCUITS/NOV23 001-2101-4304 861.47 19884 Total: 861.47 104228 11/22/2023 19884 FRONTIER 323-155-6779-0822065 FIBER OPTIC LINES/NOV23 715-1206-4201 227.57 19884 Total : 227.57 104229 11/22/2023 19884 FRONTIER 310-318-9210-0827185 PD JAIL BREATHALYZER/NOV23 001-2101-4304 103.79 19884 Total: 103.79 104230 11/22/2023 20945 GENERAL ELECTRIC COMPANY 438049478 STREET LIGHT TRACKING SOFTWARE FY22 105-2601-4201 4,620.00 438049479 STREET LIGHT TRACKING SOFTWARE FY23 105-2601-4201 4,620.00 55 Check Register Page: 4 11/22/2023 11:28:36AM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice Description/Account Amount 104230 11/22/2023 20945 GENERAL ELECTRIC COMPANY (Continued) 438050483 STREET LIGHT TRACKING SOFTWARE FY21 105-2601-4201 4,620.00 20945 Total: 13,860.00 104231 11/22/2023 21463 GENTRY GENERAL ENGINEERING CIP 195-2 SIDEWALK& TREE WELL IMPROVEMENTS/OCT23 148-8195-4201 10,794.85 301-8760-4201 40,308.05 301-8195-4201 17,578.74 301-8760-4201 6,431.95 21463 Total: 75,113.59 104232 11/22/2023 23153 GLEASON MEGHAN LSE PO40567 CITATION (45004620) REFUND -VOIDED 001-3302 48.00 23153 Total : 48.00 104233 11/22/2023 10836 GRAINGER 9885270018 MAT REQ 806828/MAINTENANCE SUPPLIES 715-2101-4311 56 .24 9896424141 MAT REQ 806833/MAINTENANCE SUPPLIES 715-4206-4309 78.65 10836 Total : 134.89 104234 11/22/2023 06518 HAYER CONSULTANTS INC 4346 PLAN CHECKS THRU 8.30.23 001-4201-4201 27,878.69 4363 PLAN CHECKS THRU 10.26.23 001-4201-4201 1,908.77 06518 Total : 29,787.46 104235 11/22/2023 23084 HIGHWAY HANDYMAN PRODUCTS INC 18910 HAND ROLLER APPLICATOR 001-3104-4201 4,403.00 23084 Total: 4,403.00 104236 11/22/2023 23144 INFINITY MASSAGE CHAIRS HBPD103023 OFFICER WELLNESS-MASSAGE CHAIR 001-2101-4329 5,499.00 23144 Total : 5,499.00 104237 11/22/2023 22913 JILK HEAVY CONSTRUCTION, INC . 23A-0912 MUNICIPAL PIER REPAIRS THRU 9.30.23 150-8660-4201 23,747.01 191-8660-4201 95,000.00 191-8629-4201 54 ,367 .02 56 Check Register Page: 5 11/22/2023 11:28:36AM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice Description/Account Amount 104237 11/22/202322913 JILK HEAVY CONSTRUCTION, INC . (Continued) Total: 173,114.03 104238 11/22/2023 20771 LA UNIFORMS & TAILORING INC 17615 MAT REQ 838979 PD UNIFORMS/PEREZ 001-2101-4314 106.89 19034 MAT REQ 909503 BATON&ACCESSORIES/REYES 001-2101-4314 78.06 19047 MAT REQ 909840 PD UNIFORM/GAGLIA 001-2101-4314 154.24 July 2023 PD UNIFORM PURCHASES/JUL23 001-2101-4314 1,970.73 001-3302-4314 13.23 001-2101-4314 13.23 20771 Total : 2,336.38 104239 11/22/2023 20347 LAURA MECOY COMMUNICATIONS LLC 2305 PUBLIC INFORMATION OFFICER SVS/OCT23 001-1201-4201 7,200.00 20347 Total: 7,200.00 104240 11/22/2023 20898 MCCORMICK AMBULANCE 300687 AMBULANCE TRANSPORT SVS/OCT23 001-1201-4201 23,400.00 20898 Total: 23,400.00 104241 11/22/2023 221 02 MESSENGER, JACK Permit#R22420 THEATRE PERMIT-DAMAGE DEPOSIT REFUND 001-2111 250.00 22102 Total: 250.00 104242 11/22/2023 22509 MORROW-MEADOWS CORP 13451 SEWER PUMP INSTALL @14TH ST RESTROOM 160-3102-4201 716 .55 160-3102-4201 609.40 22509 Total : 1,325.95 104243 11/22/2023 11539 NETRIX LLC Cl-010790 IT SUPPORT SERVICES/NOV23 715-1206-4201 28,123.16 01-004928 HPE EXTENDED SERVICE AGREEMENT 715-1206-5402 994.00 D1-004928-REV REVERSAL TO CORRECT PO 715-1206-5402 -994.00 Dl-005135 HPE EXTENDED SERVICE AGREEMENT 715-1206-5402 2,108 .00 D1-005135-R EV REVERSAL TO CORRECT PO 57 Check Register Page: 6 11/22/2023 11:28:36AM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 104243 11/22/2023 11539 NETRIX LLC (Continued) 715-1206-5402 -2,108 .00 11539 Total: 28,123.16 104244 11/22/2023 23152 NEXGEN AC/HEATING INC PO40578 CITATION (40024591) REFUND-VOIDED 001-3302 48.00 23152 Total: 48.00 104245 11/22/2023 21033 NV5, INC 348197 LIGHTING & LANDSCAPE REPORT/AUG23 105-2601-4201 1,125.00 21033 Total: 1,125.00 104246 11/22/2023 13114 ODP BUSINESS SOLUTIONS, LLC 338989020001 MAT REQ 632734/OFFICE SUPPLIES 001-1121-4305 55.75 341812968001 MAT REQ 787487/OFFICE SUPPLIES 001 -4202-4305 75.36 341951323001 MAT REQ 874100/OFFICE SUPPLIES 001-1202-4305 13.50 001-1208-4305 142.78 001-1202-4305 1.28 001-1208-4305 13.57 13114 Total : 302.24 104247 11/22/2023 14693 PARS 54267 ALT RETIREMENT PLAN ADMIN FEES/SEPT23 001-1101-4185 8.38 001 -1141-4185 1.40 001-1204-4185 9 .78 00,1-2101-4185 11.17 001-3302-4185 18.15 001-4101-4185 2 .79 001-4202-4185 16.76 001-4601-4185 55.86 001-1121-4185 15.36 14693 Total : 139.65 104248 11/22/2023 23129 PDQ RENTALS W17071 CEMENT MIXER PARTS 715-3104-4311 688.95 715-3104-4311 222.34 23129 Total : 911.29 58 Check Register 11/22/2023 11 :28:36AM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor -------------------- 104249 11/22/2023 13255 RED SECURITY GROUP, LLC 13255 104250 11/22/2023 21153 RJ PRINTING & PROMOTIONAL 21153 104251 11/22/2023 22870 RJM DESIGN GROUP, INC. 22870 104252 11/22/2023 21300 RODRIGUEZ, NATALIA 21300 104253 11/22/2023 03353 SBCU VISA Invoice 81945 1170 1174 36041 TR995 000027 cc Description/Account MAT REQ 806835 LOCKSMITH SERVICES 715-2101-4311 GENERIC OFFICER BUSINESS CARDS 001-2101-4305 001-2101-4305 BUSINESS CARDS/ZUBER 001-2101-4305 001-2101-4305 PARKS MASTER PLAN MGMT SVS/OCT23 301-8538-4201 MILEAGE REIMB-IACP TRAINING 001-2101-4317 MAYOR TRANSITION RECEPTION 001-1101-4319 001-1101-4319 00628620 CC BATTERIES FOR COMM DEV DEPT 001-4101-4305 001-4101-4305 059284 CC RECRUITMENT LUNCH MEETING 001-1201-4305 0703441-3464234 CC PATCH PANEL FOR CITY YARD 715-1206-4305 715-1206-4305 0E2A7ECB-0021 CC SOCIAL MEDIA MGMT PROGRAM/OCT23 001-1201-4201 11323-A CC MINI SURFBOARDS-COUNCIL PRESENTATIONS 001-1101-4305 128 CC TR990 IACP TEAM DINNER 001-2101-4317 1417601-4655411 CC OFFICE SUPPLIES 001-4101-4305 Page: Total : Total : Total : Total : 7 Amount 30.66 30.66 50.52 14.84 38.49 12.98 116.83 14,553.30 14,553.30 154.58 154.58 3,519.75 271.94 37.98 3.61 55.56 38.15 3.62 79.00 282.00 424.83 40.23 59 Check Register Page: 8 11/22/2023 11 :28:36AM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 104253 11/22/2023 03353 SBCU VISA (Continued) 001-4101-4305 3 .82 217042 cc TR1003 LOWENTHAL-DINNER 10.2.23 001-1201-4317 30.00 22783224 cc TR995 LODGING/IACP CONF/RODRIGUEZ • 001-2101-4317 793.74 22783224 cc TR995 PARKING/IACP CONF/RODRIGUEZ 001-2101-4317 54 .00 3423646203 cc TR1016 LODGING/POST EVOC MODULE/PHELPS 001-2101-4317 867.84 3423705792 cc TR1013 LODGING/POST EVOC MODULE/TORRES 001-2101-4317 867.84 3428109215 cc TR1012 LODGING/POST EVOC MODULE/GALAT 001-2101-4317 867 .84 3430094271 cc TR1014 LODGING/POST EVOC MODULE/AKIONA 001-2101-4317 867.84 3431383620 cc TR1015 LODGING/POST EVOC MODULE/JUAREZ 001-2101-4317 867.84 35256350 cc TR1025 LOWENTHAL-LOGDING @IACP 001-1201-4317 427 .30 63403397 cc TR996 LODGING/IACP CONF/DADIGAN 001-2101-4317 793.74 63403397 cc TR996 PARKING/IACP CONF/DADIGAN 001-2101-4317 54.00 64159939 cc TR994 LODGING/IACP CONF/SMITH 001 -2101-4317 793.74 68463 cc TEAM SHIRTS FOR SKECHERS P2P WALK 001-1203-4305 228.50 001-1203-4305 33.25 001-1203-4305 104.00 68464CC CITY LOGO HATS -COUNCIL PRESENTATIONS 001-1101-4305 450.00 001-1101-4305 45.00 7210293-0173056 cc FRAME FOR BCHD 25-YEAR PRESENTATION CERT 001-1101-4305 34.58 001-1101-4305 3 .29 767 402819 cc COUNCIL MEETING DINNER 10.10.23 001-1101-4305 404.93 816674 cc COUNCIL MEETING DINNER 10.24.23 60 Check Register Page: 9 11/22/2023 11 :28:36AM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 104253 11/22/2023 03353 SBCU VISA (Continued) 001-1101-4305 264.64 83414828 cc TR1011 LODGING/POST COURSE/PLATA 001-2101-4312 902 .64 8447 cc MMASC MEMBERSHIP-M. TALAMANTES 001-1201-4315 90 .00 8941 cc REFRESHMENTS FOR COUNCIL MEETINGS 001-1201-4305 9.59 001-1201-4305 0.91 AD#0011631232 CC MAT REQ 632823 LEGAL ADS CDD 001-1121-4323 310.79 MSM6D8SG8N CC PHONE STORAGE/SCHEID/OCT23 001-2101-4305 0 .99 MXG27LKB30 PHONE STORAGE/LEBARON/OCT23 001-2101-4305 2.99 OCT23 CC SUPERCHARGER FEES/OCT23 715-2101-4311 34.13 PO40356 CC TRAINING-CRITICAL INCIDENTS/SMITH 001-2101-4317 268.00 PO40437 CC DINNER FOR PLANNING MEETING 10/17/23 001-4101-4305 68.22 RU08344724 CC EOG SATELLITE PHONE/OCT23 001-1201-4304 66.95 RU08347056 CC EOG SATELLITE PHONE/NOV23 001-1201-4304 66 .95 SC-82283-8NU3H CC TR1039 CRESPI -LEAGUE OF CA CITIES CONF 001-1201-4317 600 .00 TR1000 CC LODGING/LEBARON/PLANNING WORKSHOP 001-2101-4317 465.18 TR1003 CC LOWENTHAL-ICMA CONFERENCE 9.29.23 001-1201-4317 1,460.85 TR1003 CC LOWENTHAL-ICMA CONFERENCE 001-1201-4317 1,699.09 TR1003 CC TR1003 LOWENTHAL ICMA CONFERENCE 001-1201-4317 59 .61 TR1012-TR1016 CC PARKING FOR 5 DAYS/5 EMPLOYEES 001-2101 -4317 125.00 TR1038 CC LOWENTHAL-LEAGUE OF CA CITIES CONF 001-1201-4317 750 .00 61 Check Register Page: 10 11/22/2023 11:28:36AM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 104253 11/22/2023 03353 SBCUVISA (Continued) TR990CC LODGING/LEBARON IACP CONFERENCE 001-2101-4317 1,846.77 03353 Total : 22,443.06 104254 11/22/2023 19306 SOLID WASTE ASSOCIATION OF NOR 2025-1804805 ANNUAL MEMBERSHIP ID1804805/CORDOVA 001-4202-4315 275.00 19306 Total : 275.00 104255 11/22/2023 18178 SOUTHERN CALIFORNIAAUDIO 10871 MAT REQ 806836 WINDOW TINTING 715-6101-4311 242.62 10873 MAT REQ 806829 WINDOW TINTING 715-2101-5403 268.90 18178 Total : 511.52 104256 11/22/2023 20236 SPECTRUM BUSINESS 8448 30 030 0402150 1301 HERMOSA/540 PIER CONNECTION/NOV23 001-2101-4305 747.78 20236 Total : 747.78 104257 11/22/2023 23151 TAMAR, JACK PO40584 CITATION (34031236) REFUND-VOIDED 001-3302 48.00 23151 Total : 48.00 104258 11/22/2023 21672 TESLA, INC. 3000A0006739293 VIN#7SAYGDEFXPF905282 MODEL Y FOR PD 715-2101-5403 18,450.35 152-3701-5403 41,500.00 21672 Total : 59,950.35 104259 11/22/2023 20121 THE COUNSELING TEAM INTERNATIO 88521 -PD CRISIS INTERVENTION/OCT23 001-1203-4201 1,237.50 20121 Total : 1,237.50 104260 11/22/2023 19082 T-MOBILE 9549860988 GPS LOCATION SERVICES 001-2101-4304 100.00 19082 Total: 100.00 104261 11/22/2023 05626 TYLER TECHNOLOGIES, INC 045-439886 TIME & ATTENDANCE MODULE MAINTENANCE 715-1206-4201 3,838 .00 05626 Total: 3,838.00 62 Check Register 11/22/2023 11 :28:36AM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account 104262 11/22/2023 14528 UNION BANK OF CALIFORNIA, PARS #6i PO40123 PARS/OPEB CONTRIBUTIONS/NOV23 001-1101-4190 14528 104263 11/22/2023 18666 VERIZON BUSINESS SERVICES 18666 104264 11/22/2023 18666 VERIZON BUSINESS SERVICES 18666 104265 11/22/2023 03209 VERIZON WIRELESS 03209 104266 11/22/2023 20892 VIGILANT SOLUTIONS LLC 20892 72725744 72725591 9946995246 54213 RI 001-1121-4190 001-1201-4190 001-2101-4190 001-3104-4190 001-3301-4190 001-3302-4190 001-4101-4190 001-4201-4190 001-4202-4190 001-4204-4190 001-4601-4190 001-6101-4190 105-2601-4190 160-3102-4190 161-3109-4190 715-4206-4190 001-1202-4190 001-1203-4190 001-1204-4190 VOiP PHONES/BASE 3/SEPT23 001-3302-4304 VOiP PHONES/BARD/SEPT23 001-3302-4304 PD TRUNK MODEMS/OCT23 153-2106-4201 ANNUAL CAMERA LICENSE FEES 001-2101-4201 Page: 11 Amount 57.00 765 .00 2,655.00 19,747.00 1,249.00 115.00 3,020.00 1,660.00 1,326.00 1,504.00 577.00 1,062.00 894 .00 178.00 281 .00 193.00 561.00 1,462.00 729.00 1,015.00 Total: 39,050.00 78.08 Total: 78 .08 49.60 Total : 49.60 1,000.45 Total: 1,000.45 11,048.33 Total : 11,048.33 63 11/22/23Check Register 11/22/2023 11 :28:36AM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account ----------------------104267 11/22/2023 23006 23006 WEINGARTZ SUPPLY CO 62 Vouchers for bank code : boa 62 Vouchers in this report "I hereby certify that the demands or claims covered by the checks listed on pages I to \2... inclusive, of the check register for \ \ \ z:z..\ 20?,a; are accurate funds are available for payment, and are in conformance to the budget." Finance Director Date ________________ _ 108870691-00 PARTS FOR CEMENT MIXER 715-3104-4311 Total: Bank total: Total vouchers : Page: 12 Amount 305.18 305.18 560,913.40 560,913.40 64 Attachment 3Check Register Page: 1 11/29/2023 5:11:37PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice Description/Account Amount 104268 11/29/2023 16513 4IMPRINT 11923640 PD KEYCHAINS FOR EVENT GIVEAWAYS 001-3302-4201 1,250.00 001-3302-4201 185.07 16513 Total: 1,435.07 104269 11/29/2023 04715 ADMINSURE, INC. 16521 WORKERS COMP&LIABILITY CLAIMS/OCT23 705-1217-4201 7,187.52 705-1209-4201 3,705.90 04715 Total: 10,893.42 104270 11/29/2023 20197 AMERICAN ARBOR CARE 66947 ARBORIST CONSULTATION AND REPORT 001-4202-4201 250.00 20197 Total: 250.00 104271 11/29/2023 09366 AQUA FLO Sl2224933 MAT REQ 806081 IRRIGATION SUPPLIES 001-6101-4309 702.87 09366 Total: 702.87 104272 11/29/2023 08614 ASPEN ENVIRONMENTAL GROUP 3465.001-28 TRANSPACIFIC FIBER OPTIC EIR/OCT23 001-2108 452.50 08614 Total: 452.50 104273 11/29/2023 00321 AT&T 485354 GPS LOCATION SERVICES 001-2101-4304 175.00 00321 Total: 175.00 104274 11/29/2023 00321 AT&T 000020825696 PD COMPUTER CIRCUITS/OCT23 001-2101-4304 129.40 00321 Total: 129.40 104275 11/29/202318036 BEACHSPORTS, LLC PO40603 INSTRUCTOR PAYMENTS CLASS 10996 001-4601-4221 1,148.64 18036 Total: 1,148.64 104276 11/29/2023 00016 CALIFORNIA WATER SERVICE Acct 4286211111 WATER USAGE -JUL23 105-2601-4303 4,013.40 001-6101-4303 39,110.38 001-4204-4303 1,737.48 001-3304-4303 243.42 65 Check Register Page: 2 11/29/2023 5:11:37PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice Description/Account Amount 104276 11/29/2023 00016 CALIFORNIA WATER SERVICE (Continued) Acct 4286211111 WATER USAGE -SEPT 23 001-3304-4303 257.67 105-2601-4303 5,417.70 001-6101-4303 37,021 .21 001-4204-4303 1,460.84 Acct 4286211111 WATER USAGE -OCT23 105-2601-4303 5,687.07 001-6101-4303 28,922.59 001-4204-4303 1,434.83 001-3304-4303 253.56 00016 Total: 125,560.15 104277 11/29/2023 10838 CANON SOLUTIONS AMERICA , INC 6005888974 COPIER MAINT/COMM DEV/JUL-OCT23 001-1208-4305 82.47 10838 Total : 82.47 104278 11/29/2023 19277 CHARM-TEX, INC. 0341180-IN JAIL SUPPLIES 001-2101-4306 89 .90 001-2101-4306 20.00 19277 Total : 109.90 104279 11/29/2023 09694 CLEAN ENERGY CE12635094 COMPRESSED NATURAL GAS/OCT23 715-6101-4310 242.20 715-3104-4310 74.61 715-3109-4310 131.75 715-2601-4310 186.76 715-4601-4310 80 .62 RSC0021614 CREDIT DUE TO FRAUDULENT CHARGE 715-3104-4310 -13 .29 09694 Total: 702.65 104280 11/29/2023 08533 CMTA 200004697 TR1037 NOWICKI/PUB FUNDS INVESTING CONF 001-1141-4317 250.00 08533 Total : 250.00 104281 11/29/2023 10614 COAR, CELESTE Parcel 4183 023 009 STREET LIGHT & SEWER TAX REBATE/FY24 001-6871 139.58 105-3105 24 .61 66 Check Register Page: 3 11/29/2023 5:11:37PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 104281 11/29/202310614 COAR, CELESTE (Continued) Total: 164.19 104282 11/29/2023 00181 EASY READER STMT#5589 LEGAL ADS/OCT23 001-1121-4323 1,105.13 00181 Total: 1,105.13 104283 11/29/2023 16991 EVIDENT CRIME SCENE PRODUCTS 234363A SUPPLIES FOR DETECTIVES 001-2101-4306 140.00 001-2101-4306 43.32 16991 Total: 183.32 104284 11/29/2023 06293 FEDEX OFFICE 101600060192 MAT REQ 806703 BUSINESS CARDS 001-1101-4305 49.28 101600112243 MAT REQ 806703 PRINTING SERVICES 001-1101-4305 3.07 06293 Total : 52.35 104285 11/29/2023 19884 FRONTIER 310-379-0652-1216195 EOC LANDLINES/NOV23 001-1201-4304 84.84 19884 Total: 84.84 104286 11/29/2023 19884 FRONTIER 310-372-6186-0831895 2ND FLOOR CITY HALL FAX/NOV23 001-1121-4304 14.80 001-1201-4304 14.80 001-1202-4304 14.81 001-1203-4304 14.80 001-1141-4304 14.81 19884 Total: 74.02 104287 11/29/2023 15141 HONDA MD INC, STEPHAN T 00160665 DETAINEE BLOOD DRAWS/SEPT23 001-2101-4201 63.60 15141 Total: 63.60 104288 11/29/2023 19496 INTLASSOC CHIEFS OF POLICE 0319570 LEBARON 10#02012770 MEMBERSHIP DUES 001-2101-4315 190.00 19496 Total: 190.00 104289 11/29/2023 18137 KOSMONT & ASSOCIATES, INC. 2305.9-005 CONSULT SVS FOR HOUSING ELEMENT/OCT23 001-4105-4201 6,308.90 67 Check Register Page: 4 11/29/2023 5:11:37PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice Description/Account Amount 104289 11 /29/202318137 KOSMONT & ASSOCIATES, INC. (Continued) Total: 6,308.90 104290 11/29/2023 00118 LA SUPERIOR COURT -TORRANCE PO40571 CITATION PAYMENT SURCHARGES/AUG23 001-3302 46,625 .10 00118 Total : 46,625.10 104291 11/29/2023 00118 LA SUPERIOR COURT -TORRANCE PO40572 CITATION PAYMENT SURCHARGES/SEPT23 001-3302 42,432 .80 00118 Total : 42,432.80 104292 11/29/2023 00118 LA SUPERIOR COURT -TORRANCE PO40573 CITATION PAYMENT SURCHARGES/OCT23 001-3302 41,711.80 00118 Total: 41,711.80 104293 11/29/2023 21104 LOWENTHAL, SUJA TR1025 TRAVEL REIMBURSEMENT/IACP CONFERENCE 001-1201-4317 197.81 21104 Total: 197.81 104294 11/29/2023 13114 ODP BUSINESS SOLUTIONS, LLC 337507503001 OFFICE SUPPLIES FOR PW ADMIN OFFICE 001-4202-4305 257.37 001-4202-4305 24 .45 337573298001 OFFICE SUPPLIES FOR PW ADMIN OFFICE 001-4202-4305 11.99 001-4202-4305 1.14 337573339001 OFFICE SUPPLIES FOR PW ADMIN OFFICE 001-4202-4305 22.95 001-4202-4305 2.18 337573352001 OFFICE SUPPLIES FOR PW ADMIN OFFICE 001-4202-4305 19.98 001-4202-4305 1.90 341257755001 MAT REQ 787494/OFFICE SUPPLIES 001-4202-4305 83.84 342570979001 MAT REQ 787492/OFFICE SUPPLIES 001-4202-4305 59.09 13114 Total : 484.89 104295 11/29/2023 22767 OUTSIDE INTERACTIVE , INC. 38022 DAMAGE DEPOSIT REFUND 001-2111 500.00 22767 Total: 500.00 68 Check Register Page: 5 11/29/2023 5:11:37PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice Description/Account Amount 104296 11/29/2023 17407 PETRESKY, SHARI Parcel 4184 004 025 STREET LIGHT TAX REBATE/FY24 105-3105 24.61 17407 Total : 24.61 104297 11/29/2023 1844 7 POSTMASTER PO40623 REPLENISH BULK MAILING PERMIT #460 001-1204-4305 3,000.00 18447 Total : 3,000.00 104298 11/29/2023 18946 PUB CONSTRUCTION, INC APP#007 GIP 669 RETENTION PAYMENT 001-8669-4201 49,291.47 18946 Total : 49,291.47 104299 11/29/2023 21153 RJ PRINTING & PROMOTIONAL 1162 BUSINESS CARDS/ R. TAYLOR 001-2101-4305 38.49 001-2101-4305 18.44 21153 Total : 56.93 104300 11/29/2023 15582 ROADLINE PRODUCTS INC 19315 POSTS&HARDWARE TO INSTALL NEW SIGNS 147-8193-4201 6,396.00 147-8193-4201 604.30 15582 Total : 7,000.30 104301 11/29/2023 09870 RYDIN DECAL PS-INV113821 MONTHLY PARKING LOT PERMITS 001-1204-4305 3,530.97 09870 Total : 3,530.97 104302 11/29/2023 03353 SBCU VISA TR1003 CC LOWENTHAL RIDE @ICMA CONF DALLAS, TX 001-1201-4317 15.99 TR1003 CC LOWENTHAL RIDE @ICMA CONF DALLAS, TX 001-1201-4317 10.26 TR1003 CC LOWENTHAL RIDE @ICMA CONF DALLAS, TX 001-1201-4317 34.71 03353 Total : 60.96 104303 11/29/2023 16806 SECURITAS TECHNOLOGY CORP 6003370921 JAIL SECURITY SYSTEM/JUL23-JUN24 715-2101-4201 11,050.31 6003375022 BARD SECURITY SYSTEM/JUL23-JUN24 715-2101-4201 1,385.40 16806 Total : 12,435.71 69 Check Register Page: 6 11/29/2023 5:11 :37PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 104304 11/29/2023 09491 SIGNVERTISE 11514 MAT REQ 58382 TOY DRIVE BANNER INSTALL 001-4202-4201 315 .00 11521 MAT REQ 583824 BANNER REPAIR 001-4202-4201 200.00 09491 Total: 515.00 104305 11/29/2023 19829 SITEONE LANDSCAPE SUPPLY, LLC 136686094-001 MAT REQ 668602/LANDSCAPING SUPPLIES 001-6101-4309 610 .96 19829 Total : 610.96 104306 11/29/2023 20236 SPECTRUM BUSINESS 8448 30 030 0352413 1301 HERMOSN540 PIER CONNECTION/NOV23 001-2101-4304 290.37 20236 Total: 290.37 104307 11/29/2023 20236 SPECTRUM BUSINESS 8448 30 030 0049969 PD CABLE/NOV23 001-2101-4201 81.90 20236 Total : 81.90 104308 11/29/2023 15398 SRK PROMOTIONAL ADVERTISING 5040 WRAP ROADSTER DObRS & BODY 715-2101-4311 925 .00 15398 Total : 925.00 104309 11/29/2023 11908 SWRCB SW-0269544 ANNUAL STORM DRAIN PERMIT 161-3109-4251 10,602.00 11908 Total : 10,602.00 104310 11/29/2023 23138 TALAMANTES.MARGARET TR998 REIMB/MMSAC ANNUAL CONFERENCE 001-1201-4317 695.29 23138 Total : 695.29 104311 11/29/2023 19082 T-MOBILE Acct267037374 COMM RES CELL PHONES/NOV23 001-4601-4304 67.14 19082 Total : 67.14 104312 11/29/2023 00123 TRIANGLE HARDWARE ACCT 1009 MAINTENANCE SUPPLIES/NOV23 001-3104-4309 3,110.47 001-4204-4309 3,446.93 001-6101-4309 1,325.68 105-2601-4309 827 .65 715-4206-4309 333.08 70 Check Register Page: 7 11/29/2023 5:11:37PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice Description/Account Amount 104312 11/29/2023 00123 TRIANGLE HARDWARE (Continued) 001-2021 247.79 001-2022 -247.79 00123 Total: 9,043.81 104313 11/29/2023 18666 VERIZON BUSINESS SERVICES 72754333 VOiP PHONES/BARD/OCT23 001-3302-4304 49.54 18666 Total: 49.54 104314 11/29/2023 18666 VERIZON BUSINESS SERVICES 72752901 VOiP PHONES/EOC/OCT23 001-1201-4304 42.11 18666 Total: 42.11 104315 11/29/2023 03209 VERIZON WIRELESS 9949434885 PD TRUNK MODEMS/NOV23 153-2106-4201 1,000.29 03209 Total: 1,000.29 104316 11/29/2023 22955 VRC COMPANIES, LLC 87378 LASERFISCHE SOFTWARE SUPPORT/FY24 001-1121-4201 22,014.59 22955 Total: 22,014.59 104317 11/29/2023 22955 VRC COMPANIES, LLC 0689325 FILE STORAGE -ACCT 4640/FEB23 001-1121-4201 313.95 0689439 FILE STORAGE -ACCT AMI0046/FEB23 001-1121-4201 68.75 3711729LAX1 FILE STORAGE-ACCT AM10047/OCT23 001-1121-4201 31.90 3818075LAX1 FILE STORAGE -ACCT 4640/OCT23 001-1121-4201 291.03 3856358LAX1 FILE STORAGE -ACCT AMI0047/NOV23 001-1101-4201 29.03 22955 Total : 734.66 104318 11/29/2023 10125 ZIMMERMANN, ERIKA PO40611 REFUND FOR UNUSED TAXI VOUCHERS (10) 145-3853 10.00 10125 Total: 10.00 104319 11/29/2023 01206 ZUMAR INDUSTRIES INC 8525 MAT REQ 909623/STREET SIGN MAINTENANCE 001-3104-4309 825.51 71 Check Register Page: 8 11/29/2023 5:11 :37PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice Description/Account Amount 104319 11/29/202301206 ZUMAR INDUSTRIES INC (Continued) Total: 825.51 1002358 11/13/2023 08904 CA JOINT POWERS INSURANCE AUTH Wire Date 11.13.23 LIABILITY CLAIMS REIMB/OCT23 705-1209-4324 2,134.33 08904 Total : 2,134.33 1398012 11/13/2023 01397 EMPLOYMENT DEVELOPMENT DEPT Letter L0454071888 UNEMPLOYMENT CLAIMS/JUL-SEPT23 705-1215-4186 797.00 01397 Total : 797.00 5233387 11/22/2023 00170 SOCALGAS 097 904 5900 3 CITY-OWNED SLOGS/NATURAL GAS/OCT23 001-4204-4303 110.25 00170 Total: 110.25 5233484 11/22/2023 00170 SOCALGAS 102 104 5900 3 CITY-OWNED SLOGS/NATURAL GAS/OCT23 001-4204-4303 72 .13 00170 Total: 72.13 5233752 11/22/2023 00170 SOCALGAS 115 404 6900 1 CITY-OWNED SLOGS/NATURAL GAS/OCT23 001-4204-4303 147.64 00170 Total : 147.64 5234235 11/22/2023 00170 SOCALGAS 139104 4600 7 CITY-OWNED SLOGS/NATURAL GAS/OCT23 001-4204-4303 15.78 00170 Total : 15.78 5234294 11/22/2023 00170 SOCALGAS 1412044600 1 CITY-OWNED BLDGS/NATURAL GAS/OCT23 001-4204-4303 22.88 00170 Total : 22.88 5947764 11nt2023 00159 SOUTHERN CALIFORNIA EDISON CO 700057262780 ELECTRICITY/OCT23 105-2601-4303 102.31 00159 Total: 102.31 5948113 11/7/2023 00159 SOUTHERN CALIFORNIA EDISON CO 700156101336 ELECTRICITY/OCT23 001-4204-4303 11,964.34 001-6101-4303 124.57 00159 Total: 12,088.91 5948376 11/7/2023 00159 SOUTHERN CALIFORNIA EDISON CO 700222378305 ELECTRICITY/OCT23 72 Check Register Page: 9 11/29/2023 5:11 :37PM CITY OF HERMOSA BEACH Bank code: boa Voucher Date Vendor Invoice Description/Account Amount 5948376 11/7/2023 00159 SOUTHERN CALIFORNIA EDISON CO (Continued) 001-6101-4303 1,980.29 00159 Total : 1,980.29 5948429 11/7/2023 00159 SOUTHERN CALIFORNIA EDISON CO 700234897163 ELECTRICITY /OCT23 001-3304-4303 2,699.15 00159 Total : 2,699.15 5948677 11n/2023 00159 SOUTHERN CALIFORNIA EDISON CO 700304673105 ELECTRICITY/OCT23 160-3102-4201 98.61 00159 Total : 98.61 5948718 11/7/2023 00159 SOUTHERN CALIFORNIA EDISON CO 700313445137 ELECTRICITY/OCT23 105-2601-4303 16,182.47 00159 Total : 16,182.47 5948812 11/3/2023 00159 SOUTHERN CALIFORNIA EDISON CO 700338055956 ELECTRICITY/OCT23 001-4204-4303 1,770.46 00159 Total : 1,770.46 5948979 11/7/2023 00159 SOUTHERN CALIFORNIA EDISON CO 700382668983 ELECTRICITY/OCT23 001-3104-4303 959.02 105-2601-4303 2,912.86 001-4204-4303 1,562.47 00159 Total : 5,434.35 6842080 11/27/2023 10668 EXXON MOBIL BUSINESS FLEET 93106974 VEHICLE FUEL 10/10/23-11/9/23 001 -1250 237 .13 715-4201-4310 44 .61 715-3302-4310 1,978.71 715-4202-4310 727 .15 715-2101-4310 7,731.49 715-4204-4310 939.91 715-4206-4310 327.61 715-6101-4310 220.38 715-3104-4310 616.59 10668 Total : 12,823.58 7421672 11/6/2023 13838 PITNEY BOWES INC Check run 11 .29.23 POSTAGE METER REFILL 11 .6 .23 001-1208-4305 2 ,000.00 73 11/29/23Check Register 11/29/2023 5:11:37PM CITY OF HERMOSA BEACH Bank code : boa Voucher Date Vendor Invoice ----------------------11/6/2023 13838 PITNEY BOWES INC (Continued) 7421672 9466767 11/16/2023 00159 SOUTHERN CALIFORNIA EDISON CO 700371314327 00159 33260932 11/13/2023 14691 ADMINSURE AS AGENT FOR THE 14691 33570027 11/13/2023 14691 ADMINSURE AS AGENT FOR THE 14691 72 Vouchers for bank code : boa 72 Vouchers in this report "I hereby certify that the demands or claims covered by the checks listed on pages f to l O inclusive, of the check register for 11 J2..1 l :2a2....3 are accurate funds are available for payment, and are in conformance to the budget." Finance Director Date _______________ _ Wire Date 11.13.23-2 Wire Date 11.13.23 Description/Account ELECTRICITY/OCT23 105-2601-4303 WORKERS COMP CLAIMS OCT 2023 705-1217-4324 LIABILITY CLAIMS REIMB/OCT23 705-1209-4324 Total: Total: Total: Total: Bank total: Total vouchers : Page: 10 Amount 2,000.00 234.29 234.29 61,402.63 61,402.63 10,271.13 10,271.13 535,368.13 535,368.13 74 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0724 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 LOS ANGELES COUNTY FIRE AND AMBULANCE MONTHLY REPORT FOR OCTOBER 2023 (Deputy City Manager Angela Crespi) Recommended Action: Staff recommends City Council receive and file the October 2023 Fire and Ambulance monthly report. Executive Summary: City departments generate monthly reports to provide a snapshot of activities performed each month. Prior to the transition of fire and ambulance transport services to the County of Los Angeles,the Hermosa Beach Fire Department developed monthly response reports.After the transition,the monthly report was updated to include Los Angeles County Fire Department (LACoFD)and McCormick Ambulance information and continues to be uploaded to the website.The following report provides details regarding services provided for the month of October 2023. Background: At the February 11,2020 Council meeting,City Council requested monthly reports on the City Council agenda under consent calendar.Monthly reports began to appear commencing with the July 14, 2020 City Council agenda. The enclosed report reflects the services for October 2023. Past Board, Commission, and Council Actions Meeting Date Description February 11, 2020 (Regular Meeting) City Council requested monthly reports on the City Council agenda under consent calendar. July 14, 2020 (Regular Meeting) Monthly reports began on City Council consent agenda. Discussion: The October 2023 monthly report provides an overview of services provided by LACoFD andCity of Hermosa Beach Printed on 12/7/2023Page 1 of 5 powered by Legistar™75 Staff Report REPORT 23-0724 The October 2023 monthly report provides an overview of services provided by LACoFD and McCormick Ambulance (Attachment 1-October 2023 LACoFD and McCormick Ambulance Monthly Report). Los Angeles County Fire Department (LACoFD) LACoFD and McCormick Ambulance work together to provide emergency medical services (EMS)to the Hermosa Beach community.LACoFD has two apparatus stationed at Station 100 including one assessment engine (Engine 100)staffed with a Fire Captain,a Fire Engineer,and a Firefighter Paramedic;and a paramedic squad (Squad 100)staffed with two Firefighter Paramedics.The paramedic squad (Squad 100)only responds to calls for service exclusively within the City of Hermosa Beach.It does not provide mutual aid,thereby remaining available for calls within Hermosa Beach. Each LACoFD apparatus has the capability to provide basic emergency medical care known as Basic Life Support (BLS)to medical patients.In addition,the paramedic squad has advanced equipment, including medications,and responds from within the City to address Advanced Life Support (ALS) calls, such as a stroke or heart attack. McCormick Ambulance is one of the emergency medical transport companies within Los Angeles County.LACoFD does not conduct patient transport;therefore,unincorporated areas are included in the fire department transport contracts with various providers.Contract cities are responsible for negotiating and contracting with a medical transport provider for their community.Within the South Bay,many of the cities have contracted with McCormick Ambulance to conduct emergency medical transportation including the City of Hermosa Beach. When LACoFD is dispatched,McCormick Ambulance may also be dispatched as the City’s emergency medical transportation provider.LACoFD provides life-saving medical care on scene and continues ALS level care as the patient is transported to a local hospital.In the case of a BLS level call,monitoring and care are safely provided by one of the two Emergency Medical Technicians (EMTs) assigned to the responding ambulance. LACoFD follows industry standards developed by the National Fire Protection Association (NFPA), which outlines call transfer times and total response times.The NFPA standard for call transfer time is that each call will be answered within 60 seconds 90 percent of the time.Additionally,responding units are to be enroute within 60 seconds for EMS related calls and 80 seconds for structure fire calls.NFPA further stipulates that for EMS calls,responding units must arrive on scene within 8 minutes and 59 seconds 90 percent of the time. The October 2023 call transfer report provided by LACoFD indicates that there were four calls with a transfer time longer than the NFPA standard.Staff is working with LACoFD to incorporate the South City of Hermosa Beach Printed on 12/7/2023Page 2 of 5 powered by Legistar™76 Staff Report REPORT 23-0724 transfer time longer than the NFPA standard.Staff is working with LACoFD to incorporate the South Bay Regional Public Communications Authority (RCC)call transfer time data,currently provided semi -annually,into the monthly reports.The RCC call transfer data provides information regarding each call for service from the time that the call first comes into the 9-1-1 system to the time that it is transferred to LACoFD. Table 1 below provides the response details for the incidents in Hermosa Beach. Table 1: NFPA Standard Exceedance-Response Details Date Call Type Call Transfer Time Length of Transfer LACoFD Dispatch Time On Scene Time Length of Arrival Total Response time 10/6 ALS Injury 11:06 67 11:08 11:12 4 minutes 5 minutes 7 seconds 10/16 BLS Sick 9:52 75 9:53 9:58 5 minutes 6 minutes 15 seconds 10/20 ALS Injury 00:29 62 00:29 00:33 4 minutes 5 minutes 2 seconds 10/25 ALS Injury 10:07 93 10:08 10:12 4 minutes 5 minutes 33 seconds Table definitions ·Call Transfer Time:The exact time when the call was transferred from South Bay Regional Public Communications Authority also known as Regional Communications Center (RCC). ·Length of Transfer:The length of time that it took from LACoFD dispatch center to answer the call from RCC. ·LACoFD Dispatch Time:The time in which appropriate fire apparatus were dispatched to the incident. ·On Scene Time: The time in which the dispatched units arrived at the incident location. ·Length of Arrival:The time between when the unit was dispatched and arrived on scene. ·Total Response Time:The total combined time between the call transfer time and the length of time arriving units on scene. McCormick Ambulance McCormick Ambulances are staffed by two EMTs who can provide and transport BLS patients independently and,with the support of LACoFD paramedics riding in the ambulance,can also City of Hermosa Beach Printed on 12/7/2023Page 3 of 5 powered by Legistar™77 Staff Report REPORT 23-0724 transport ALS patients. In October 2023,McCormick Ambulance responded to 52 calls for services within the City of Hermosa Beach.The October 2023 report indicated that six calls resulted in delayed Code 3 responses.A Code 3 response is one where the responding emergency units are driving with lights and sirens to a presumed life-threatening emergency,which is typically classified as an ALS call. According to the McCormick Ambulance contract,“response time must not exceed eight (8)minutes, fifty-nine (59)seconds”for a Code 3 incident.Of the six delayed Code 3 calls,the average response time was eleven (11)minutes,thirty (30)seconds with the longest single response time at fourteen (14) minutes, one (1) second. There were two delayed Code 2 responses in October 2023.A Code 2 response is one where the responding emergency units are driving with lights and sirens to an emergency classified as a basic life support or BLS call.According to the McCormick Ambulance contract,“response time must not exceed fifteen (15)minutes,zero (0)seconds”for a Code 2 incident.Of the two delayed Code 2 calls,the average response time was sixteen (16)minutes,twelve (12)seconds,with the longest single response time at sixteen (16) minutes, fifteen (15) seconds. Staff reviewed the October 2023 McCormick Ambulance monthly report.The following outlines the reasons for the delayed responses: ·Distance: (2) The responding crew encountered heavy traffic along the route; ·Multiple Calls: (4) The dispatch center received multiple calls at the same time; ·Crew Error: (2) The crew initially responded to the wrong location. McCormick Ambulance demonstrates a continuous effort to detect and correct service level performance deficiencies by identifying the reason for delayed response times,issuing personnel performance notices when mandatory response requirements are not met and releasing personnel upon continued performance issues.McCormick Ambulance also provides training and continuing education to staff to improve skills and service delivery. Although the emergency medical transport units arrived on scene within the allowable timeframe for 44 calls in October 2023,patients were provided timely life-saving emergency medical care on scene by Los Angeles County Fire Department paramedics.When LACoFD arrives on scene,it takes paramedics 5 to 10 minutes to conduct the required treatment protocols prior to commencing transport with McCormick Ambulance.During the patient treatment phase,the requested ambulance is typically on scene waiting for the paramedics to complete their treatment protocols even if the ambulance response is delayed.Los Angeles County Fire Department and McCormick Ambulance are committed to providing excellent emergency medical care,customer service,and response to the City of Hermosa Beach Printed on 12/7/2023Page 4 of 5 powered by Legistar™78 Staff Report REPORT 23-0724 residents and visitors of Hermosa Beach. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Safety Element Goal 5. High quality police and fire protection services provided to residents and visitors. Policy: ·5.2 High level of response.Achieve optimal utilization of allocated public safety resources and provide desired levels of response, staffing, and protection within the community. Fiscal Impact: Fire and ambulance services are contracted and accounted for during the annual budget process. Attachments: 1.Fire and Ambulance Monthly Report-October 2023 2.Link to July 14, 2020 City Council Staff Report 3.Link to February 11, 2020 City Council Staff Report Respectfully Submitted by: Sara Russo, Senior Management Analyst Concur: Angela Crespi, Deputy City Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 12/7/2023Page 5 of 5 powered by Legistar™79 E100 S100 Total FIRE, EXPLOSION 113 ‐ Cooking fire, confined to container 1 1 2 0.90% FIRE, EXPLOSION Total 1 1 2 0.90% RESCUE, EMS 300 ‐ Rescue, EMS incident, other 15 10 25 11.26% 311 ‐ Medical assist, assist EMS crew 9 9 18 8.11% 321 ‐ EMS call, excluding vehicle accident with injury 53 48 101 45.50% 323 ‐ Motor vehicle/pedestrian accident (MV Ped) 1 1 2 0.90% RESCUE, EMS Total 78 68 146 65.77% SERVICE CALL 553 ‐ Public service 1 1 0.45% 561 ‐ Unauthorized burning 1 1 0.45% SERVICE CALL Total 2 2 0.90% GOOD INTENT CALL 600 ‐ Good intent call, other 31 7 38 17.12% 611 ‐ Dispatched and cancelled en route 25 3 28 12.61% GOOD INTENT CALL Total 56 10 66 29.73% FALSE ALARM, FALSE CALL 700 ‐ False alarm or false call, other 6 6 2.70% FALSE ALARM, FALSE CALL Total 6 6 2.70% Grand Total 143 79 222 100.00% Note: Data based on Fireview report apparatus data YTD231109. Units responses in and outside the City of Hermosa Beach LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF OCTOBER 2023 Incident Type UNIT RESPONSES Percentage 80 DAY OF THE WEEK E100 S100 Total Sunday 19 12 31 Monday 22 12 34 Tuesday 25 10 35 Wednesday 20 10 30 Thursday 21 11 32 Friday 17 12 29 Saturday 19 12 31 Grand Total 143 79 222 Note: Data based on Fireview report apparatus data YTD231109. Units responses in and outside the City of Hermosa Beach. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF OCTOBER 2023 UNIT RESPONSES ‐ 5 10 15 20 25 30 E100 S100 81 TIME OF THE DAY E100 S100 Total 00:00:00 TO 00:59:59 5 3 8 01:00:00 TO 01:59:59 2 2 4 02:00:00 TO 02:59:59 4 3 7 03:00:00 TO 03:59:59 3 1 4 04:00:00 TO 04:59:59 1 1 2 05:00:00 TO 05:59:59 ‐ ‐ ‐ 06:00:00 TO 06:59:59 4 2 6 07:00:00 TO 07:59:59 2 2 08:00:00 TO 08:59:59 9 6 15 09:00:00 TO 09:59:59 5 4 9 10:00:00 TO 10:59:59 8 5 13 11:00:00 TO 11:59:59 13 7 20 12:00:00 TO 12:59:59 10 5 15 13:00:00 TO 13:59:59 13 7 20 14:00:00 TO 14:59:59 6 3 9 15:00:00 TO 15:59:59 7 3 10 16:00:00 TO 16:59:59 6 6 12 17:00:00 TO 17:59:59 8 4 12 18:00:00 TO 18:59:59 6 4 10 19:00:00 TO 19:59:59 7 3 10 20:00:00 TO 20:59:59 5 3 8 21:00:00 TO 21:59:59 6 1 7 22:00:00 TO 22:59:59 5 3 8 23:00:00 TO 23:59:59 8 3 11 Grand Total 143 79 222 Note: Data based on Fireview report apparatus data YTD231109. Units responses in and outside the City of Hermosa Beach. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF OCTOBER 2023 UNIT RESPONSES ‐ 2 4 6 8 10 12 14 00:00:00 TO 00:59:5901:00:00 TO 01:59:5902:00:00 TO 02:59:5903:00:00 TO 03:59:5904:00:00 TO 04:59:5905:00:00 TO 05:59:5906:00:00 TO 06:59:5907:00:00 TO 07:59:5908:00:00 TO 08:59:5909:00:00 TO 09:59:5910:00:00 TO 10:59:5911:00:00 TO 11:59:5912:00:00 TO 12:59:5913:00:00 TO 13:59:5914:00:00 TO 14:59:5915:00:00 TO 15:59:5916:00:00 TO 16:59:5917:00:00 TO 17:59:5918:00:00 TO 18:59:5919:00:00 TO 19:59:5920:00:00 TO 20:59:5921:00:00 TO 21:59:5922:00:00 TO 22:59:5923:00:00 TO 23:59:59E100 S100 82 Ad Hoc Report: Name: Date: Description: Seizure Date Seizure Time ALI City Answer Secs Call Type ID ALI Class 10/1/2023 18:11:25 HERMOSA BEACH 16 911 Calls WPH2 10/1/2023 22:36:51 HERM BCH 2 911 Calls WPH2 10/2/2023 08:32:34 HERMOSA BEACH 2 911 Calls BUSN 10/2/2023 15:15:33 HERMOSA BEACH 2 911 Calls WPH2 10/3/2023 13:18:11 HERMOSA BEACH 2 911 Calls WPH2 10/4/2023 19:07:14 HERMOSA BEACH 2 911 Calls RESD 10/5/2023 00:06:46 HERM BCH 2 911 Calls WPH2 10/6/2023 11:05:49 HERM BCH 67 911 Calls WPH2 10/6/2023 12:40:07 HERMOSA BEACH 56 911 Calls RESD 10/6/2023 17:16:46 HERM BCH 2 911 Calls WPH2 10/7/2023 14:32:12 HERMOSA BEACH 1 911 Calls BUSN 10/8/2023 13:36:38 HERM BCH 2 911 Calls WPH2 10/9/2023 00:37:22 HERMOSA BEACH 2 911 Calls WPH2 10/10/2023 20:21:05 HERM BCH 2 911 Calls WPH2 10/11/2023 10:28:40 HERM BCH 19 911 Calls WPH2 10/11/2023 21:27:39 HERM BCH 2 911 Calls WPH2 10/12/2023 12:49:59 HERMOSA BEACH 40 911 Calls VOIP 10/12/2023 15:54:17 HERMOSA BEACH 2 911 Calls WPH2 10/13/2023 20:42:23 HERMOSA BEACH 16 911 Calls VOIP 10/14/2023 14:14:51 HERM BCH 24 911 Calls WPH2 10/14/2023 16:56:18 HERMOSA BEACH 2 911 Calls VOIP 10/15/2023 14:36:46 HERMOSA BEACH 2 911 Calls WPH2 10/15/2023 15:52:08 HERMOSA BEACH 2 911 Calls WPH2 10/16/2023 09:51:01 HERMOSA BEACH 75 911 Calls VOIP 10/16/2023 12:34:33 HERM BCH 15 911 Calls WPH2 10/16/2023 19:31:16 HERM BCH 2 911 Calls WPH2 10/17/2023 11:40:26 HERMOSA BEACH 2 911 Calls VOIP 10/17/2023 11:53:45 HERMOSA BEACH 2 911 Calls WPH2 10/18/2023 23:17:55 HERMOSA BEACH 2 911 Calls WPH2 10/19/2023 06:16:37 HERM BCH 2 911 Calls WPH2 10/19/2023 08:11:57 HERMOSA BEACH 2 911 Calls VOIP 10/20/2023 00:28:20 HERM BCH 2 911 Calls WPH2 10/20/2023 00:28:22 HERM BCH 62 911 Calls WPH2 10/20/2023 02:30:17 HERMOSA BEACH 2 911 Calls RESD 10/20/2023 23:47:18 HERM BCH 23 911 Calls WPH2 10/21/2023 13:06:15 HERM BCH 15 911 Calls WPH2 10/22/2023 13:33:35 HERMOSA BEACH 2 911 Calls VOIP 10/23/2023 09:55:13 HERMOSA BEACH 2 911 Calls VOIP 10/23/2023 11:33:47 HERMOSA BEACH 36 911 Calls VOIP 10/23/2023 22:13:21 HERM BCH 2 911 Calls WPH2 10/24/2023 03:14:55 HERMOSA BEACH 2 911 Calls RESD 10/24/2023 09:00:54 HERMOSA BEACH 2 911 Calls VOIP 10/24/2023 11:35:57 HERM BCH 2 911 Calls WPH2 Hermosa Call Answer Time 11/1/2023 October 2023 Los Angeles County Fire 83 10/24/2023 18:57:02 HERMOSA BEACH 2 911 Calls RESD 10/25/2023 08:56:44 HERM BCH 2 911 Calls WPH2 10/25/2023 10:05:01 HERM BCH 93 911 Calls WPH2 10/25/2023 13:11:26 HERM BCH 1 911 Calls WPH2 10/26/2023 08:14:19 HERM BCH 15 911 Calls WPH2 10/27/2023 13:21:39 HERMOSA BEACH 3 911 Calls WPH2 10/28/2023 09:00:49 HERMOSA BEACH 2 911 Calls WPH2 10/28/2023 19:20:47 HERMOSA BEACH 2 911 Calls BUSN 10/28/2023 21:07:15 HERMOSA BEACH 2 911 Calls WPH2 10/29/2023 17:08:57 HERMOSA BEACH 2 911 Calls WPH2 10/29/2023 17:09:10 HERMOSA BEACH 2 911 Calls WPH2 10/29/2023 18:22:23 HERM BCH 2 911 Calls WPH2 10/29/2023 18:23:34 HERMOSA BEACH 2 911 Calls WPH2 10/31/2023 02:17:21 HERM BCH 2 911 Calls WPH2 10/31/2023 06:10:05 HERMOSA BEACH 2 911 Calls VOIP 10/31/2023 06:10:25 HERMOSA BEACH 2 911 Calls VOIP 10/31/2023 06:10:40 HERMOSA BEACH 21 Administrative VOIP 10/31/2023 10:00:03 HERM BCH 2 911 Calls WPH2 Average Call Answer Time (seconds)11 84 McCormick Ambulance October 2023 Total Number of Dispatched Calls Dispatched Calls Totals Transported 52 Canceled 29 Grand Total 81 52, 64% 29, 36% Transported Canceled 85 McCormick Ambulance October 2023 Calls Per Day of the Week Day of the Week Completed Canceled Total Sunday 7 5 12 Monday 9 3 12 Tuesday 8 5 13 Wednesday 6 4 10 Thursday 7 4 11 Friday 9 2 11 Saturday 6 6 12 Calls Total 52 29 81 0 1 2 3 4 5 6 7 8 9 10 Completed Canceled 86 McCormick Ambulance October 2023 Calls by Time of Day Time of Day Calls 00:00:00 to 00:59:59 3 01:00:00 to 01:59:59 2 02:00:00 to 02:59:59 3 03:00:00 to 03:59:59 1 04:00:00 to 04:59:59 1 05:00:00 to 05:59:59 0 06:00:00 to 06:59:59 3 07:00:00 to 07:59:59 0 08:00:00 to 08:59:59 6 09:00:00 to 09:59:59 5 10:00:00 to 10:59:59 7 11:00:00 to 11:59:59 9 12:00:00 to 12:59:59 5 13:00:00 to 13:59:59 7 14:00:00 to 14:59:59 1 15:00:00 to 15:59:59 4 16:00:00 to 16:59:59 4 17:00:00 to 17:59:59 3 18:00:00 to 18:59:59 6 19:00:00 to 19:59:59 2 20:00:00 to 20:59:59 0 21:00:00 to 21:59:59 2 22:00:00 to 22:59:59 1 23:00:00 to 23:59:59 6 Total Calls 81 87 McCormick Ambulance October 2023 Calls by Time of Day 0 1 2 3 4 5 6 7 8 9 10 88 McCormick Ambulance October 2023 Responses by Code Within Allowable Time Delayed Response Total Code 3: Response Time of 8:59 or less 9 6 15 Code 2: Response Time of 15:00 or less 35 2 37 Canceled 29 Total Responses 44 8 81 89 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0733 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 ACTION MINUTES OF THE PARKS, RECREATION, AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF NOVEMBER 7, 2023 (Community Resources Manager Lisa Nichols) Recommended Action: Staff recommends City Council receive and file the action minutes of the Parks,Recreation,and Community Resources Advisory Commission meeting of November 7, 2023. Attachment: Action Minutes of the November 7,2023 Parks,Recreation,and Community Resources Advisory Commission Meeting Respectfully Submitted by: Lisa Nichols, Community Resources Manager Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 12/7/2023Page 1 of 1 powered by Legistar™90 MINUTES REGULAR MEETING of the PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION November 7, 2023 – Council Chambers, City Hall 1315 Valley Drive – 7:00 P.M. Parks, Recreation and Community Resources Advisory Commission E. Thomas Moroney, Chairperson Jani Lange, Vice Chairperson Barbara Ellman Lauren Pizer Mains Traci Horowitz I. Call to Order II. Pledge of Allegiance III. Roll Call Present: Chairperson Moroney, Vice Chairperson Lange, Commissioner Ellman, Commissioner Pizer Mains, Commissioner Horowitz, Community Resources Manager Lisa Nichols, Office Assistant Kalyn Kaemerle, and City Attorney Patrick Donegan IV. Announcements – Upcoming City Events a. Upcoming City Events Presentation V. Presentations a. Community Chanukah Celebration Pre-event Presentation (Long-term Agreement Requirement) Coming forward to address the Commission at this time: (04:07) Rabbi Dovid Lisbon, Community Chanukah Celebration event representative VI. Community Resources Manager Report a. Parks Master Plan Monthly Progress Report VII. Public Participation – Oral and Written Communications from the Public: This is the time for members of the public to address the Commission on any items within the Commission's jurisdiction not on this agenda, on items on this agenda as to which public comment will not be taken (Announcements, Community Resources Manager Report, Consent Calendar items that are not pulled for separate consideration and Future Agenda Items), on written communications, and to request the removal of an item from the consent calendar. Public comments on the agenda items called Announcements, Community Resources Manager Report, Consent Calendar items that are not pulled for separate consideration and Future Agenda Items will only be heard at this time. Further, comments on public hearing items are heard only during the public hearing. Members of the audience may also speak during discussion of items removed from the Consent Calendar for separate consideration; during Public Hearings; and, during discussion of items appearing under Matters for Commission Consideration. All comments from the public unde r this agenda item are limited to three minutes per speaker, but this time allotment may be reduced due to time constraints. The Commission acknowledges receipt of the written communications listed below. No action will be taken on matters raised in oral and written communications, except that the Commission may take action to schedule issues raised in oral and written communications for a future agenda. Speakers with comments regarding 91 City management or departmental operations are encouraged to submit those comments directly to the City Manager. Coming forward to address the Commission at this time: (30:25) Tony Higgins, Hermosa Beach resident VIII. Commissioner Comments: Commissioners may briefly respond to public comments, may ask a question for clarification or make a brief announcement or report on his or her own liaison or subcommittee roles, activities or meetings attended. IX. Consent Calendar a. September Activity Report b. October Activity Report c. Action Minutes of the Regular Meeting of October 3, 2023 Motion by Commissioner Horowitz to approve the Consent Calendar. Commissioner Lange seconded the motion. Motion passed with a 5-0 vote. X. Items Removed from the Consent Calendar for Separate Discussion b. None XI. Public Hearings a. None XII. Matters for Commission Consideration a. Approval of the Parks, Recreation and Community Resources Advisory Commission’s 2024 Meeting Schedule Recommendation: Staff recommends that the Parks, Recreation and Community Resources Advisory Commission approve its 2024 January and April meeting dates and approve an alternate date for its March meeting date. Motion by Commissioner Pizer Mains to approve the Parks, Recreation and Community Resources Advisory Commission’s 2024 Meeting Schedule. Commissioner Lange seconded the motion. Motion passed with a 5-0 vote. XIII. Future Agenda Items - Requests from Commissioners for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. Commissioners should consider the city's work plan when considering new items. a. None XIV. Adjournment This meeting was adjourned by Vice-Chairperson Lange in memory of David Hollander at 7:46pm to the Tuesday, December 5, 2023 meeting. 92 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0741 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting December 12, 2023 PLANNING COMMISSION TENTATIVE FUTURE AGENDA (Community Development Director Carrie Tai) Recommended Action: Staff recommends City Council receive and file the January 16,2024 Planning Commission tentative future agenda. Attachments: Planning Commission January 16, 2024 Tentative Future Agenda Respectfully Submitted by: Carrie Tai, Community Development Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 12/7/2023Page 1 of 1 powered by Legistar™93 \\CHB-FS-01\Vol1\B95 \CD\PC\2024\1-16-2024\Planning Commission Tentative Agenda for Jan 16 2024.docx Revised 11/30/2023 5:53 PM Tentative Future Agenda PLANNING COMMISSION City of Hermosa Beach January 16, 2024 Regular Meeting 7:00 PM Project Title Public Notice Meeting Date 435 8th Street (Public Hearing) – Parking Plan and Variance 1/6/24 1/16/24 Upcoming and Pending Projects ⇒ Tri-Annual Review (Staff Item) February 2024 94 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0692 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 CONFIRMATION OF DIRECTOR’S DETERMINATION OF SIMILAR USE (DD 23-01) FOR THE RENTAL OF FOUR OR FEWER RACING CAR SIMULATORS (AMUSEMENT OR ENTERTAINMENT MACHINES) AS SIMILAR TO THE PERMITTED BILLIARD OR POOL HALL USE IN COMMERCIAL ZONES (Director of Community Development Carrie Tai) Recommended Action: Staff recommends City Council confirm by minute order the Community Development Director’s determination (DD 23-01)that the rental of four or fewer racing car simulators (amusement or entertainment machines)is similar to billiard or pool hall use,which is a permitted use in General commercial district (C-2 zone) and General and highway commercial district (C-3 zone). Executive Summary: The City received a request to establish a business to rent no more than four racing simulators (entertainment or amusement machines)in reserved time blocks within the C-2 zone.Upon review, the Community Development Director determined that the proposed use is similar to a billiard or pool hall use (Attachment 1).Pursuant to HBMC Section 17.26.040,the Community Development Director’s determination shall not be final until confirmed by the City Council as a consent calendar item on the City Council agenda. Background: The Community Development Department,Planning Division received an application for use determination on August 29,2023.The request (Attachment 2)is to conduct a commercial business where the proposed use does not clearly align with current uses permitted in the City as outlined in the Hermosa Beach Municipal Code (HBMC)Section 17.26.030.The applicant submitted a description of the business and floor plan where four race car simulators would be rented out in reserved time blocks.The use would include the rental and sale of professional helmets,gloves,and Virtual Reality (VR)headsets.Customers would be able to book appointment blocks anywhere between 15 minutes to several hours. Pursuant to HBMC Section 17.26.040,when a use is not specifically listed in the Zoning Ordinance,it shall be understood that the use is prohibited unless it is determined by the Community Development City of Hermosa Beach Printed on 12/7/2023Page 1 of 4 powered by Legistar™95 Staff Report REPORT 23-0692 shall be understood that the use is prohibited unless it is determined by the Community Development Director that the use is similar to,and not more objectionable than,other uses listed.The Community Development Director’s determination shall not be final until confirmed by the City Council as a consent calendar item on the Council agenda following the Director’s determination. Analysis: Staff compared the use description with the zoning definitions and commercial uses listed in HBMC Section 17.26.030.Staff determined that the rental of four or fewer racing simulators is similar to rental of arcade games.HBMC Section 17.04.050 defines “game arcade (or amusement arcade”)as, “means any place having five or more coin-operated,slug-operated or any type of amusement or entertainment machine,equipment or facilities for which payment is necessary for the operation and which is the primary purpose of the business.These include pinball,video games,slot-car racing or other types of game entertainment,but do not include merchandise vending machines.”Similarly, the definition of “assembly hall”use includes five or more machines.The zoning ordinance does not address where four or fewer amusement or entertainment devices is permitted as a primary use. Pursuant to HBMC Section 17.04.040,“billiard or pool halls”is defined as,“establishments that provide billiard tables for customers’use.”The proposed use has a similar intensity to those operating characteristics of pool halls because both uses provide and operate large,fixed equipment within an establishment and involve the rental of amusement or entertainment machines in blocks of time.Also,the billiard or pool hall use does not have the five or more equipment standard like the assembly hall use. Table 1 Excerpt of HBMC Section 17.26.030 C-1, C-2 and C-3 Zones, Land Use Regulations USES C-1 C-2 C-3 Billiard or pool halls -P P P = Permitted The Community Development Director determined that all findings outlined in HBMC Section 17.26.040 could affirmatively be made,finding that four or fewer amusement or entertainment devices is similar to and not more objectionable than a billiard or pool hall.As such,proposed uses consisting of four or more amusement or entertainment machines would be allowed by right within the C-2 and C-3 Zone.The Director’s Determination (Attachment 1)makes the required findings. Staff recommends City Council review the request and confirm the Community Development Director’s determination. If confirmed,the determination would be applied to other uses of the same kind in the future in the applicable zones.As part of the City’s Comprehensive Zoning Code Update effort,the commercial use table would be updated to include more modern uses such as racing simulators or City of Hermosa Beach Printed on 12/7/2023Page 2 of 4 powered by Legistar™96 Staff Report REPORT 23-0692 use table would be updated to include more modern uses such as racing simulators or amusement/entertainment machine use and identify where four or fewer amusement or entertainment machines would be permitted.Staff anticipates presenting an updated commercial use table to the City Council in the coming year. General Plan Consistency: The proposed use would be consistent with the corresponding the PLAN Hermosa land use designations which include Community Commercial (CC),Gateway Commercial (GC)and Recreational Commercial (RC) Land Use Designations. This report and associated recommendation have been evaluated for consistency with the City’s General Plan.The proposed use is consistent with the following Goals and Policies of PLAN Hermosa Land Use and Design Element: Land Use + Design Goal 1:Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents. Policies ·1.4 Diverse commercial areas.Promote the development of diversified and unique commercial districts with locally owned businesses and job- or revenue-generating uses. ·1.5 Balance resident and visitor needs.Ensure land uses and businesses provide for the needs of residents as well as visitors. Determining a new commercial use to be similar to existing permitted uses will assist in diversifying the catalog of commercial uses and thereby retaining existing commercial areas within the City.The City’s Zoning Ordinance does not currently list racing simulator businesses.The Similar Use Determination will promote the development of diverse,locally-owned businesses that cater to both residents and visitors alike. Goal 2:Neighborhoods provide for diverse needs of residents of all ages and abilities and are organized to support healthy and active lifestyles. Policy ·2.1 Complete neighborhoods.Neighborhoods are complete and well-structured by encouraging, where appropriate, the following: §Contain a heigh level of connectivity for pedestrians, bicycles, and vehicles. §Have homes with entries and windows facing the street. City of Hermosa Beach Printed on 12/7/2023Page 3 of 4 powered by Legistar™97 Staff Report REPORT 23-0692 §Provide a diversity of architectural styles. §Have goods and services within a short walking distance. §Address the needs of multiple ages and physical abilities. The proposed use provides a recreational activity for various ages and physical abilities and will serve the nearby residential and commercial uses. Goal 13: Land uses patterns that improve the health of residents. Policy ·13.2 Social and health needs.Support the continuation of existing and new uses that enhance the social and health needs of residents. This determination of similar use would be applicable to other similar uses with four or fewer amusement devices proposed in the future,thereby supporting a new use that enhances the social and health needs of residents. Fiscal Impact: There is no fiscal impact associated with the recommended action. Attachments: 1.Community Development Director’s Determination 2.Application Respectfully Submitted by: Maricela Guillean, Associate Planner Concur: Carrie Tai, Director of Community Development Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 12/7/2023Page 4 of 4 powered by Legistar™98 MEMORANDUM DATE: November 9, 2023 TO: Carrie Tai, Community Development Director FROM: Maricela Guillean, Associate Planner SUBJECT: DD23-01 - Director Determination for Similar Commercial Use of four (4) or fewer Race Car Simulator Rentals (Amusement or Entertainment Machines). BACKGROUND A Use Determination application was submitted to the Planning Division on August 29, 2023. The request (Attachment 1) is to conduct a commercial business involving the rental of four (4) race car simulators as a primary use within the C-2 Downtown Commercial Zone. The proposed use is not specifically listed as a use within in the Commercial Zones of the Hermosa Beach Municipal Code (HBMC) Section 17.26.030. PROPOSED USE The applicant submitted a description of the business and floor plan where four (4) F1 race car simulators will be rented out in reserved time blocks. The use will include the rental and sale of professional helmets, gloves, and Virtual Reality (VR) headsets. Customers will be able to book appointment blocks anywhere between 15 minutes to several hours. USE DETERMINATION Pursuant to HBMC Section 17.26.040, when a use is not specifically listed in this chapter, it shall be understood that the use is prohibited unless it is determined by the Community Development Director that the use is similar to and not more objectionable than other uses listed. The Director’s determination shall not be final until confirmed by the City Council as a consent calendar item on the council agenda following the Director’s determination. Staff evaluated several enumerated commercial uses in HBMC Section 17.26.030 and determined the business description provided by the applicant does not squarely meet the definition and criteria for any commercial uses permitted within the City. Pursuant to HMBC Section 17.26.040, a use shall be prohibited unless a Determination of Similar Use procedure is confirmed by the City Council. The applicant submitted an application for a Determination of Similar Use to initiate the process. Staff identified and evaluated three existing commercial uses within the Zoning Code to the applicant’s proposal including: 1) “assembly halls”, 2) “billiard or pool halls”, and “sporting/recreational equipment sales, service and rental” uses. “Assembly Halls” are defined to mean any building, or portion of a building, used for public or private gathering including game arcades with five (5) or more machines. An 99 2 “Assembly Hall” use requires a Conditional Use Permit due to the intensity of the use and potential for issues of compatibility. Table 1 Excerpt of HBMC Section17.26.060 C-1, C-2 and C-3 Zones, Land Use Regulations USES C-1 C-2 C-3 Assembly halls - U U Billiard or pool halls - P P Sporting/recreational equipment sales, service and rental P P P Additionally, “game arcade (or amusement arcade”), as defined in HBMC Section 17.04.050, “means any place have five (5) or more coin-operated, slug-operated or any type of amusement or entertainment machine, equipment or facilities for which payment is necessary for the operation and which is the primary purpose of the business. This includes pinball, video games, slot-car racing or other type of game entertainment, but do not include merchandise vending machines.” The proposed use consists of rental of VR machines which is similar to amusement or entertainment machines. Although the proposed use is similar to a “game arcade” or “assembly hall”, it is of a lower intensity than an Assembly Hall use consisting of the rental of no more than four (4) amusement or entertainment machines. “Sporting/recreational equipment sales, service and rental” is another enumerated use in the commercial land use table analyzed. The “sporting/recreational equipment sales, service and rental” use is not defined in the Zoning Ordinance. The use is broad in scope and was not found to have intensity or operating characteristics that are substantially similar to the rental of driving simulators. Additionally, it is permitted in all commercial zones; including the Neighborhood Commercial (C-1) Zone the lowest intensity commercial district. The C-1 Zone is intended to serve the daily needs of nearby residential neighborhoods providing access to daily shopping or personal needs and is distributed in small pockets within the coastal zone primarily located near The Strand, and along Hermosa Avenue and Manhattan Avenue. Due to the lower intensity of “sporting/recreational equipment sales, service and rental” use it was not found to be similar to the proposed use. Pursuant to HBMC Section 17.04.040, “Billiard or pool halls” is defined as, “establishments that provide billiard tables for customer’s use.” The proposed use has a similar intensity to those operating characteristics of pool halls because both uses provide and operate large, fixed equipment within an establishment and involve the rental of amusement or entertainment machines in blocks of time. Also, the Billiard or pool hall use does not have five (5) or more equipment standard like the Assembly Hall use. Based on the following findings, staff recommends the Community Development Director find the use similar to Billiard or pool hall uses. The operation of four (4) or fewer racing simulators or amusement/entertainment machines would not attract as many visitors as a larger scale arcade or assembly halls. 100 3 In order to make a determination of similarity, the Director shall make all of the following findings: 1. The proposed use shall meet the intent of, and be consistent with the goals, objectives and policies of the general plan; As proposed, the rental of four (4) or fewer racing simulators (entertainment or amusement devices) use is similar to “Billiard or pool halls use” and should be permitted by right within the C-2 and C-3 Zones. The General Plan Land Use Designations that correspond to the C-2 and C-3 Zones include Community Commercial (CC), Gateway Commercial (GC) and Recreational Commercial (RC) Land Use Designations. The purpose of the CC land use designation is to allow locally-oriented uses including retail stores, restaurants, professional and medical offices, and personal services. The Community Commercial designation is a major generator of local economic activity with a mix of locally-owned businesses and regional or national retailers present within this designation. The purpose of the GC land use designation is to offer a greater variety of employment, retail, and economic activity to the community. The RC land use designation is to offer a wide variety of recreational and coastal related services to serve both visitors and residents. The proposed rental of four or fewer racing simulators is not inconsistent with the general intent of the underlying General Plan Designations. Furthermore the proposed use is consistent with the following Goals and Policies of PLAN Hermosa Land Use and Design Element: Goal 1: Create a sustainable urban form and land use patterns that support a robust economy and high quality of life for residents. o Policy 1.4 Diverse commercial areas. Promote the development of diversified and unique commercial districts with locally owned businesses and job- or revenue-generating uses o Policy 1.5 Balance resident and visitor needs. Ensure land uses and businesses provide for the needs of residents as well as visitors. o Policy 1.9 Retain commercial land area. Discourage the conversion of commercial land to residence uses. Introducing a new commercial use will assist in retaining existing commercial areas within the City. As demonstrated by the request for a Similar Use Determination, the City has not seen a racing simulator business within the City and will promote the development of unique locally owned business that caters to both residents and visitors alike. Goal 2: Neighborhoods provide for diverse needs of residents of all ages and abilities and are organized to support healthy and active lifestyles. 101 4 o Policy 2.1 Complete neighborhoods. Neighborhoods are complete and well-structured by encouraging, where appropriate, the following: Contain a heigh level of connectivity for pedestrians, bicycles, and vehicles. Have homes with entries and windows facing the street. Provide a diversity of architectural styles. Have goods and services within a short walking distance. Address the needs of multiple ages and physical abilities. The proposed use provides a recreational activity for various ages and physical abilities and will serve the nearby residential and commercial uses. Goal 13: Land uses patterns that improve the health of residents. o Policy 13.2 Social and health needs. Support the continuation of existing and new uses that enhance the social and health needs of residents. The operation of four (4) or fewer racing simulators or amusement/entertainment machines is proposed to be a new established use in the City. The introduction of a proposed new use will provide a unique activity to address the social needs of residents. 2. The proposed use shall meet the stated purpose and general intent of the zone in which the use is proposed to be located; If the determination is made for the operation of four (4) or fewer racing simulators or amusement/entertainment machines as a similar use to the Billiard or pool hall use, the permitted zones the use would be permitted are the C-2 and C-3 zones. HBMC Section 17.26.020.B.2 defines the purpose of the C-2 zoning designation as a zone which “provides opportunities for a limited range of office, retail, and service commercial uses specifically appropriate for the scale and character of the downtown – a resident and visitor serving pedestrian-oriented shopping/entertainment district.” The purpose of the C-3 General Commercial Zone, the most intense commercial zone, is to , “provide opportunities for the full range of office, retail, and service businesses deemed suitable for the city, and appropriate for the Pacific Coast Highway and Aviation Boulevard commercial corridors, including business not appropriate for other zones because they attract heavy vehicular traffic or have specific adverse impacts. The operation of four (4) or fewer racing simulators or amusement/entertainment machines would serve both residents and visitors alike and is consistent with the intent of the C-2 and C-3 Commercial zones. 3. The proposed use shall not adversely impact the public health, safety and general welfare of the city’s residents; and 102 5 No adverse public health or safety concerns have been identified with the racing simulator business use as equipment will be fixed to single player stations and will consist of no more than four (4) amusement or entertainment stations for rent. 4. The proposed use shall share characteristics common with, and not be of greater intensity, density or generate more environmental impact, than those uses listed in the zone in which it is to be located. As proposed, the rental of four (4) or fewer racing simulators (entertainment or amusement machines) use is similar to “billiard or pool halls use” which is permitted by right within the C-2 and C-3 Zones. The proposed use involves the rental of amusement or entertainment machines in blocks of time within the facility making it similar in intensity and operating characteristics of pool halls. Pool halls typically require patrons to rent a pool table for an allotted amount of time to accommodate various patrons during business hours. The commercial use will blend and balance the other permitted uses within the C-2 and C-3 zones and will not generate more environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed project qualifies for a Class 1 categorical exemption, Existing Facilities as defined in section 15301 of the CEQA Guidelines, as it involves no expansion of an existing use and would not result in a direct or reasonably foreseeable indirect physical change in the environment. All findings can be made to determine the rental of four or fewer racing simulators (entertainment or amusement devices) use is similar to “Billiard or pool halls use” and should be permitted by right within the C-2 and C-3 Zones. NEXT STEPS Pursuant to HBMC Section 17.26.040, if the Director of Community Development determines the proposed use is similar to “billiard or pool halls” use, the determination shall be confirmed by the City Council as a consent calendar item on the Council agenda following the Director’s determination. Attachment Application/Business Description 103 3 Company Description 1. Company mission statement DRIVE South Bay (subsidiary of “Formula Racing Partners”) is a professional grade Formula One style racing simulator center, the first of its kind in the South Bay area, aiming to increase accessibility to the professional world of motorsports. 2. Company philosophy and vision The core values of DRIVE South Bay: innovation, community, fun. In addition to providing a fun, safe environment to use professional grade simulators. 3. Target market Target customers are between 13-60 years of age who have a desire to learn and craft their skills on a professional racing simulator. 4. Industry The current Formula One racing industry has been gaining popularity at a staggering rate since the debut of the hit Netflix show “Drive to Survive.” The sport has taken such a drastic turn, that in the last 10 years, Formula One has added Grand Prix racing circuits to Austin Texas, Miami Florida, and starting this year, Las Vegas Nevada. These championship races in addition to the race in Mexico City Mexico and Montreal Canada, account for 5 of the 23 during the racing season. What was once a heavily non- American sport has shifted towards being a North American favorite. The sport itself has tall financial barriers to entry; creating a professional, fun, local racing simulator center could be the beginning of a broader exposure and eventually reduce the financial barriers over time. The only other known competitor that featured similar racing simulators was also a full service bar and restaurant, and is no longer in operation due to the pandemic and high operating costs. Our professional grade simulators offering 2-axis motion, tactile feedback, full wrap around peripheral displays, and optional VR headsets in a welcoming inclusive environment, are what will set DRIVE apart from the previous competition. 5. Management Team The current ownership will be myself Chris Frantz, and Jason Okajima. We are both industry enthusiasts and currently in the business of engineering sales where professionalism, technical skills and customer service are what set us apart from the rest of the rest of the competition. 6. Legal structure a. DRIVE South Bay (a subsidiary of Formula Racing Partners) is an LLC. Ownership will be between one and two owners, no outside lenders or investors. Products & Services 1. Company services: The business will be a general commercial location for the rental of audio visual equipment that provides the simulation of Formula One racing. The business is specific to Formula One racing only and will appeal to a local customer base interesting in honing skills using the audio visual simulations. Customers will be by appointment only with appointments lasting 30-60 min at a minimum. Drive South Bay will feature (4) racing simulators at the facility that can each be rented in 30 minute time blocks. Additionally, there will be add-on features such as VR headsets, professional racing gloves and helmets, all for an additional fee to the simulator itself. 104 4 Renderings 105 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0725 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH AM-TEC TOTAL SECURITY INC. TO PROVIDE SECURITY CAMERA SERVICES (Police Chief Paul LeBaron) Recommended Action: Staff recommends City Council: 1.Reappropriate $72,000 in the Grant Fund for State Homeland Security Program grant and add estimated revenue of $72,000 in the Grant Fund; 2.Approve a Professional Services Agreement with Am-Tec Total Security,Inc.to provide security camera services for a one-year term ending December 12,2024 at a not-to-exceed amount of $53,382 (Attachment 3); 3.Authorize City staff to establish a contingency of $18,618 with the remaining grant funds for additional hardware as needed during installation and approve contract change orders up to the amount of the approved contract contingency; and 4.Authorize the City Manager to execute and the City Clerk to attest to the proposed agreement, subject to approval by the City Attorney. Executive Summary: The City of Hermosa Beach is the recipient of $72,000 in grant funds from the California Governor’s Office of Emergency Services State Homeland Security Program (SHSP).The City intends to use the grant funds to enhance security cameras services within areas of the City deemed susceptible to major attacks or areas that are considered target areas.After a competitive Request for Proposals (RFP)process,staff recommends City Council approve a professional services agreement with Am- Tec Total Security Inc. (AMTEC). Background: The purpose of the California Governor’s Office of Emergency Services State Homeland Security Program (SHSP)is to address capability targets set in the urban area,state,and regional Threat and Hazard Identification and Risk Assessments (THIRAs).These targets inform the planning, organization,equipment,training,and exercise needed to prevent,protect against,mitigate,respond to, and recover from acts of terrorism and other catastrophic events. City of Hermosa Beach Printed on 12/7/2023Page 1 of 6 powered by Legistar™106 Staff Report REPORT 23-0725 The County of Los Angeles Board of Supervisors accepted the 2021 SHSP grant and has provided a Sub-recipient Agreement (SRA)to the City of Hermosa Beach for the distribution of $72,000 in grant funds.The grant funds would be used to enhance the security cameras services within the identified areas of the City of Hermosa Beach susceptible to major attacks or areas that are considered target areas. Analysis: On September 21,2023,the City issued Request for Proposals (RFP)23-007 (Attachment 1) seeking proposals from qualified individuals or firms to update its current security camera system. The RFP was advertised on the City’s website and PlanetBids,the City’s electronic bidding platform. On October 26, 2023, the City received a total of nine proposals in response to the RFP. The proposing firms are listed below in alphabetical order: ·ADT Commercial ·Am-Tec Total Security, Inc. ·Avante Technologies ·Blue Violet Networks ·Convergint Technologies ·Diligent Group ·LA High-Tec Enterprises ·Sierra Group ·Vector Resources The proposals were independently evaluated in detail by a staff review panel and scored based on the following weighted criteria: ·Approach and Methods (30 percent) o A well thought-out and tailored approach to the technical work that responds to the City’s particular issues and needs. o Incorporation of innovative and/or creative approaches for providing the services and technology services that will maximize efficient,cost-effective operations or increased performance capabilities. o Evidence of the team’s capability to work collaboratively with other members of a multi- disciplinary team in a complex and dynamic working environment. o Demonstration of the team's commitment to accurate and superior work products and services as detailed in the project management plan. City of Hermosa Beach Printed on 12/7/2023Page 2 of 6 powered by Legistar™107 Staff Report REPORT 23-0725 ·Relevant Experience and Expertise (35 percent) o Recent experience preparing similar projects or providing similar services for jurisdictions. o Familiarity and experience with applicable industry standards and any relevant federal, state, or local requirements. o The depth and appropriateness of experience of individual members of the technical team as they relate to the specific technical tasks called for by the project. o The consultant team’s ability to dedicate a strong project manager that will serve as a single point of contact for the duration of the project. o The team’s experience and ability to clearly communicate technical concepts and terminology with the community. ·Timeframe and Costs (25 percent) o Display of a responsive timeframe to assign tasks. o Evidence of the team’s ability to successfully deliver project tasks and deliverables within the identified project budget and minimize cost overruns. ·Administration (10 percent) o Ability to comply with the timeline, contract terms, and billing procedures. o The extent and nature of any proposed amendments to the City’s Professional Services Agreement or insurance requirements. During the first phase of evaluations,staff evaluated the proposals based on the weighted selection criteria described above. Rankings for the proposals are as follows: Ranking Company 1 Convergint Technologies 2 Sierra Group 3 Avante Technologies 4 Am-Tec Total Security, Inc. 5 Vector Resources 6 Blue Violet Networks 7 LA High-Tec Enterprises 8 Diligent Group 9 ADT Commercial The top five ranked firms were selected for follow-up interviews by a staff review panel and scored City of Hermosa Beach Printed on 12/7/2023Page 3 of 6 powered by Legistar™108 Staff Report REPORT 23-0725 The top five ranked firms were selected for follow-up interviews by a staff review panel and scored based on the following weighted criteria: ·Project Management and Timeline (25 percent) o Demonstration of the team's commitment to accurate and superior work products and services as detailed in the project management plan. o Evidence of the team’s ability to successfully deliver project tasks and deliverables by providing an in-depth proposed timeline. ·Project Experience (25 percent) o Recent experience preparing similar projects or providing similar services for jurisdictions. o Project manager and team members are experienced and familiar with federal,state, and local requirement, as well as technical tasks needed for this project. ·Costs (25 percent) o Equipment,software,and associated fees (including traffic enforcement)are included and necessary for project completion. ·Administration (25 percent) o Ability to comply with the timeline, contract terms, and billing procedures. o The extent and nature of any proposed amendments to the City’s Professional Services Agreement or insurance requirements. Interviews with the firms were ranked based on the weighted selection criteria described above.The rankings after conclusion of the interview are as follows: Ranking Company 1 Am-Tec Total Security, Inc. 2 Convergint Technology 3 Avante Technologies 4 Sierra Group 5 Vector Resources The staff review panel conducted reference checks for the top two ranked firms and after considering the entirety of the competitive selection review process,staff recommends City Council approve an agreement with Am-Tec Total Security, Inc. (AM-TEC). City of Hermosa Beach Printed on 12/7/2023Page 4 of 6 powered by Legistar™109 Staff Report REPORT 23-0725 AM-TEC’s proposal (Attachment 2)included detailed video management integration,low equipment and labor costs,and in-house equipment use for the traffic control plan.The transition of software programs recommended in AM-TEC’s proposal would allow the older software system in the Police Department to maintain a one-year retention period.A one-time fee for software purchase and license registration for each camera is transferable.During the interview,AM-TEC emphasized its experience with other cities and how that experience would help meet the needs of the City of Hermosa Beach.The reference checks for AM-TEC completed by the staff review panel resulted in positive reviews.AM-TEC demonstrated extensive experience with its understanding of the project during the interview and went beyond what was required from the proposal. The proposed not-to-exceed limit of the agreement is $53,382 and staff requests a contingency up to the amount of the awarded grant funds to secure additional hardware as needed during installation. The estimated timeframe to complete the security camera project is two months and is within the SHSP grant performance period. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Public Safety Element Goal 3. High quality police and fire protection services provided to residents and visitors. Policies: ·5.1 Crime deterrence .Regularly evaluate the incidence of crime and identify and implement measures to deter crime. ·5.2 High level of response .Achieve optimal utilization of allocated public safety resources and provide desired levels of response, staffing, and protection within the community. ·5.3 Use of Technology.Provide and use smart surveillance technology and communication systems to improve crime prevention and inform the community regarding actions to take in case of emergency. ·5.4 Physical design standards.Reduce opportunities for criminal activity through physical design standards and Crime Prevention through Environmental Design principles. Fiscal Impact: Staff would reappropriate $72,000 in the Grant Fund for the SHSP grant and would add the corresponding estimated revenue of $72,000 in the Grant Fund. Staff recommends approving a Professional Services Agreement with Am-Tec Total Security,Inc.to provide security camera services for a one-year term at a not-to-exceed amount of $53,382,plus City of Hermosa Beach Printed on 12/7/2023Page 5 of 6 powered by Legistar™110 Staff Report REPORT 23-0725 provide security camera services for a one-year term at a not-to-exceed amount of $53,382,plus establishing a contingency amount of $18,618, or approximately 35 percent, for a total of $72,000. Agreement Request Request Amount FY 2023-2024 Budget Dept. Account #Total Contract Amount $72,000 150-2120-4201 $53,382 Attachments: 1.RFP 23-007 Security Camera Services 2.Am-Tec Total Security, Inc. Bid Proposal 3.Professional Services Agreement with Am-Tec Total Security, Inc. 4.Location Map Respectfully Submitted by: Joanne Loeza, Management Analyst Concur: Landon Phillips, Police Captain Concur: Paul LeBaron, Chief of Police Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 12/7/2023Page 6 of 6 powered by Legistar™111 REQUEST FOR PROPOSALS (RFP) NO. 23-007 SECURITY CAMERA SERVICES CITY OF HERMOSA BEACH Police Department 1315 Valley Drive Hermosa Beach, CA 90254 (310) 318-0331 112 RFP 23-007 City of Hermosa Beach Page 2 of 36 CITY OF HERMOSA BEACH 1315 Valley Drive, Hermosa Beach, CA, 90254 Phone: (310) 318-331, FAX: (310) 937-5015 www.hermosabeach.gov RFP NUMBER: RFP# 23-007 RFP TITLE: SECURITY CAMERA SERVICES REQUESTING DEPARTMENT: POLICE DEPARTMENT RELEASE DATE: Thursday, September 21, 2023 QUESTIONS DUE: Monday, October 9, 2023 DUE DATE: Thursday, October 26 2023 @ 3:00 p.m. PST Notice is hereby given that the City of Hermosa Beach will receive proposals for: RFP# 23-007 SECURITY CAMERA SERVICES Proposals must be submitted as PDF via the PlanetBids Portal (pbsystem.planetbids.com/portal/51313/portal-home). Proposals will be received until 3:00 p.m. PST, Thursday, October 26, 2023. The City reserves the right to make no award. Please direct any inquiries regarding this RFP to Joanne Loeza, Management Analyst at jloeza@hermosabeach.gov. All questions regarding the content of the proposal may be emailed to Joanne Loeza referenced above. Dated: September 21, 2023 113 RFP 23-007 City of Hermosa Beach Page 3 of 36 Table of Contents 1 Introduction ............................................................................................................................ 4 1.1 Invitation for Proposals .................................................................................................... 4 1.2 RFP Timeline ...................................................................................................................... 4 1.3 Submittal Procedures....................................................................................................... 4 1.4 Contact ............................................................................................................................ 5 1.5 General RFP Conditions ................................................................................................... 5 2. Project Overview ................................................................................................................. 10 2.1 Background ................................................................................................................... 10 2.2 Relevant Plans, Policies, Programs, or Projects ............................................................ 10 2.3 Onsite Walk-through……………………………………………………………………………... 10 3. Scope of Services ................................................................................................................ 11 3.1 Technical Specifications………………………………………………………………………….11 3.2 Video Management System……………………………………………………………………..11 3.3 Support and Maintenance……………………………………………………………………….12 3.4 Engagement Methodology……………………………………………………………….……..12 4. Proposal Submittal Instructions ........................................................................................... 14 4.1 Proposal Format ............................................................................................................. 14 4.2 Proposal Content ........................................................................................................... 14 4.2.1 Cover Letter ............................................................................................................. 15 4.2.2 Firm Profile ................................................................................................................ 15 4.2.3 Project Understanding and Approach to Scope of Work ................................... 15 4.2.4 Project Management Plan ..................................................................................... 16 4.2.5 Experience and Qualifications ............................................................................... 17 4.2.6 Required Forms ........................................................................................................ 18 4.2.7 Cost Proposal .......................................................................................................... 19 5. Proposal Evaluation and Selection .................................................................................... 19 5.1 Proposal Review Process ............................................................................................... 19 6. Contract Expectations ........................................................................................................ 21 6.1 Contract Period .............................................................................................................. 21 6.2 Professional Services Agreement ................................................................................. 21 6.3 Standards of Work .......................................................................................................... 21 6.4 Invoicing and Payment ................................................................................................. 22 7.2 Required Forms .............................................................................................................. 23 7.2.1 Certification of Proposal ......................................................................................... 33 7.2.2 Non-Collusion Affidavit ........................................................................................... 35 7.2.3 Compliance with Insurance Requirements ........................................................... 36 7.2.4 Acknowledgement of Professional Services Agreement ..................................... 37 7.2.5 COVID Vaccination Certification .......................................................................... 38 114 RFP 23-007 City of Hermosa Beach Page 4 of 36 1 Introduction 1.1 Invitation for Proposals The City of Hermosa Beach and its Police Department are seeking proposals from qualified individuals or firms to update its current security camera system. The plan will include all elements required by the Department of Homeland Security (DHS), the Federal Emergency Agency (FEMA), and the California’s Governor’s Office of Emergency Services (CalOES). Proposer(s) must have the expertise, experience, and demonstrate resources available to perform the work described in the RFP. Should an award be made, the selected Consultant(s) will enter into a professional services agreement with the City of Hermosa Beach to provide these services. The City anticipates a contract start date around December 2023. 1.2 RFP Timeline RFP posted September 21, 2023 Onsite Walk-through October 2, 2023 Deadline to submit written questions October 9, 2023 Posting of responses to questions October 16, 2023 Deadline to submit proposals October 26, 2023 - 3 PM PST Tentative award November 28, 2023 1.3 Submittal Procedures Proposers shall submit one copy of the proposal and one copy of the fee schedule in PDF format on the PlanetBids Portal. No proposals will be accepted after the listed date and time. The format, content, and procedures for submitting a proposal are provided in further detail within the RFP (see Section 4 for complete submittal procedures). 115 RFP 23-007 City of Hermosa Beach Page 5 of 36 1.4 Contact Please direct any inquiries regarding this RFP to Joanne Loeza, Management Analyst at jloeza@hermosabeach.gov. All questions regarding the content of the proposal may be emailed to Joanne Loeza referenced above. 1.5 General RFP Conditions The following instructions and conditions apply to this RFP: Pre-Contractual Expenses The City of Hermosa Beach shall not, in any event, be liable for any pre-contractual expenses incurred by any consultant. In addition, no consultant shall include any such expenses as part of the price proposed. Pre-contractual expenses are defined as expenses incurred by bidders in: • Preparing a proposal in response to this RFP; • Submitting that proposal to the City of Hermosa Beach; • Negotiating with the City of Hermosa Beach any matter related to this RFP, proposal, and/or contractual agreement; or • Any other expenses incurred by the consultant prior to the date of an executed contract. Authority to Withdraw RFP and/or Not Award Contract The City of Hermosa Beach reserves the right to withdraw this RFP at any time for any reason without prior notice. Further, the City makes no representations that any agreement will be awarded to any consultant responding to this RFP. The City expressly reserves the right to reject any and all proposals in response to this RFP without indicating any reasons for such rejection(s). The release of this RFP does not obligate or compel the City to enter into a contract or agreement. Authority to Revise RFP and Request Additional Information The City reserves the rights to amend the RFP at any time, to determine the successful respondent(s), and to reject any or all Proposals or their components. Should it be necessary for the City to issue addendums to this RFP during the proposal period, the City will post addendums to the PlanetBids Portal. It is the responsibility of all prospective proposers to check PlanetBids regularly to see whether any addenda or supplemental materials have been issued. Proposals shall acknowledge that the consultant is aware 116 RFP 23-007 City of Hermosa Beach Page 6 of 36 of all addendums which have been issued and has incorporated their provisions in their proposal by completing the Certification of Proposal Form. The City reserves the right, to request additional information or clarifications from consultants where it may serve the City’s best interest. Other Conditions • ADDITIONAL SERVICES. The Scope of Work describes the minimum work to be accomplished. Upon final selection of the firm(s), the Scope of Work may be modified and refined during negotiations with the City. Any proposer that provides additional services can include those services in the proposal and list them as additional services. • AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the consultant to a contract for the execution of the work. Upon request of the City, any agent submitting a proposal on behalf of a consultant shall provide a current power of attorney certifying the agent’s authority to bind the consultant. • AWARD OF PROPOSAL. City reserves the right to negotiate final terms with the selected consultant, if any. Award may be made to the consultant offering the most advantageous proposal after consideration of all criteria. • COMPLIANCE WITH LAWS. All proposals shall comply with current Federal, State, and other laws relative thereto. • CONFLICT OF INTEREST. By signing the Certification of Proposal, the consultant declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Qualifications, consultant declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. • DISQUALIFICATION OF PROPOSER. If there is reason to believe that collusion exists among the consultants, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. Reasonable grounds for believing that any consultant is interested in more than one Proposal for the same work will cause the rejection of all Proposals for the work in which a consultant is interested. Consultants shall submit as part of their Proposal documents the completed Non-Collusion Affidavit. 117 RFP 23-007 City of Hermosa Beach Page 7 of 36 • EXAMINATION OF DOCUMENTS. It is the responsibility of the consultant to carefully and thoroughly examine and be familiar with these RFP documents, general conditions, all forms, specifications, drawings, plans, and addendums (if any). Consultants shall satisfy themselves as to the character, quantity, and quality of work to be performed and materials, labor, supervision necessary to perform the work as specified by these documents. The failure or neglect of the consultant to examine documents shall in no way relieve the consultant from any obligations with respect to the solicitation for and subsequent contract that may be awarded. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the consultant has thoroughly examined and is familiar with the RFP documents. The failure or neglect of a consultant to receive or examine any of the documents shall in no way relieve the consultant from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any solicitation document. • INTERPRETATION OF RFP DOCUMENTS. City reserves the right to make corrections or clarifications of the information provided in this RFP. If any person is in doubt as to the true meaning of any part of this RFP documents, or finds discrepancies or omissions in the document, the person may submit to the City a written request for an interpretation or correction. Oral statement(s), interpretations or clarifications concerning meaning or intent of the contents of this RFP by any person are unauthorized and invalid. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City. Proposers shall submit all questions in writing to the contact listed in the announcement. Proposers may not contact any other staff members with questions. The requesting party is responsible for prompt delivery of any requests. When the City considers interpretations necessary, interpretations will be in the form of an addendum to the RFP documents, and when issued, will be sent as promptly as is practical to all parties recorded by the City as having received RFP documents. All such addenda shall become a part of the RFP document. It is the responsibility of each consultant to ensure the City has their correct business name, mailing address, and e-mail address on file through the PlanetBids online portal. Any prospective consultants who obtained a set of RFP documents from the PlanetBids online portal are responsible for checking PlanetBids to verify if any subsequent Addendums were issued. • IRREGULARITIES. City reserves the right to waive non-material irregularities if such would be in the best interest of the City as determined by the City Manager. • NON-DISCRIMINATION. Consultant represents and warrants that it does not and will not discriminate against any employee or applicant for employment because of race, religion, gender, color, national origin, sexual orientation, ancestry, marital status, physical condition, pregnancy or pregnancy-related condition, political affiliation or opinion, age or medical condition. 118 RFP 23-007 City of Hermosa Beach Page 8 of 36 • NON-EXCLUSIVE. Should the City make an award, the successful consultant will enter into a NON-EXCLUSIVE professional services agreement and the City reserves the right to enter into agreements with other firms. • OFFERS OF MORE THAN ONE PRICE. Consultants are NOT allowed to submit more than one cost proposal. • OWNERSHIP. All data, documents and other products used or developed during the RFP process become the property of the City upon submission. All bid proposals and documents submitted in response to this RFP shall become the property of the City and a matter of public record pursuant to Government Code sections 6250 et seq. Proposals should not be marked as confidential or proprietary, and City may refuse to consider a proposal so marked. All Information contained within the proposals will become a matter of public record. It is the responsibility of each bidder to clearly identify any and all information contained within its bid proposal that it considers to be confidential and/or proprietary. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public. • PROFESSIONAL SERVICES AGREEMENT. Prior to awarding any work, the selected Consultant will be required to execute a professional services agreement (sample attached) with the City. Any proposed change to the agreement shall be identified in the response to the Request for Qualifications (RFP) and shall be subject to the sole approval of the City. The City requires the Consultant to obtain and maintain a policy of professional liability and other insurance as indicated in the agreement. • NO PUBLIC BID PROPOSAL OPENING/PUBLIC RECORDS ACT. Proposals shall be opened and its contents secured by City staff to prevent disclosure during the evaluative process and the process of negotiating with competing consultants. Adequate precautions shall be taken to treat each consultant fairly and to insure that information gleaned from competing proposals is not disclosed to other Consultants. Prices and other information concerning the proposals shall not be disclosed until a recommendation for award is made to the awarding authority. • PUBLIC RECORD. All proposals submitted in response to this RFP will become the property of the City upon submittal and a matter of public record when the City selects a proposer for recommendation to the City Council for its consideration pursuant to applicable law. • REPRESENTATIONS. Consultant understands and acknowledges that the representations made in their submitted proposal are material and important, and will be relied on by the City in evaluation of the proposal. Consultant misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal. • SEVERABILITY. If any provisions or portion of any provision, of this Request for Proposals are held invalid, illegal or unenforceable, they shall be severed from 119 RFP 23-007 City of Hermosa Beach Page 9 of 36 the Request for Proposals and the remaining provisions shall be valid and enforceable. • SUBCONSULTANT INFORMATION. If the proposal includes the use of sub consultants, consultant must identify specific sub consultants and the specific requirements of this RFP for which each proposed sub consultant would perform services. All sub consultant for work services must follow all required provisions of the prime contract. • VALIDITY. Proposal must be valid for a period of 90 days from the due date. • WITHDRAWAL OF PROPOSAL. Consultants’ authorized representative may withdraw Proposals only by written request received by this RFP contact personal before the Proposal Submittal Deadline. • BUSINESS LICENSE. The selected firm(s) must obtain a City of Hermosa Beach Business license and maintain a current certificate of insurance with the City for the duration of the Professional Service Agreement. 120 RFP 23-007 City of Hermosa Beach Page 10 of 36 2. Project Overview 2.1 Background The City of Hermosa Beach and its Police Department were awarded with a State Homeland Security Program Grant, which provides funding to support the implementation of risk-driven strategies to address capability targets. The project that was submitted is the installment of a security camera system to monitor the City’s highly populated areas that are considered soft targets or crowded areas. At this time the City is seeking an experienced consultant, or team of consultants, to install the security camera system. 2.2 Relevant Plans, Policies, Programs, or Projects Proposers should review and consider the work already completed in the development of approach, budget, and schedule. Consultants must follow vendor registration through SAM.gov if selected. The following list of resources and reference documents related to successful completion are provided for your convenience: • Homeland Security Grant Program Information • City of Hermosa Beach General Plan – PLAN Hermosa • FEMA’s Environmental and Historic Preservation Screening Form • Vendor Registration through SAMS.gov 2.3 Onsite Walk-through The onsite walk-through for the project will take place on Monday, October 2, 2023 at 9:00 a.m. at Lot A, located at 1101 Hermosa Beach Avenue, Hermosa Beach, CA 90254. The onsite walk-through will last around one-hour to an hour and a half so please plan accordingly. The onsite walk through is mandatory in order to submit a proposal. 121 RFP 23-007 City of Hermosa Beach Page 11 of 36 3. Scope of Services The Scope of Work shall include, but not be limited to the following tasks. Consultant teams are encouraged to recommend alternative approaches and/or additional tasks to completing the work. Timeline The City anticipates the contract term would begin around December 2023. The City is interested in having the plan updated completed within three (3) to five (5) months from the Notice to Proceed. Scope of Work The City is requesting proposals from qualified consultants interested in providing indoor and outdoor security cameras, video-surveillance security system, software, and maintenance. This system will eventually replace the current system at HBPD. The security camera system will help meet the SHSP’s Investment Justification of enhancing the protection of soft targets and crowded places. 3.1 Technical Specifications 3.1.1 Capacity and Scalability The Security Camera system should have the capability of adding cameras as deemed necessary by the City. 3.1.2 Indoor and Outdoor Camera All outdoor cameras should be vandal proof and anti-vibration compliant. All indoor and outdoor cameras should have the following specifications at a minimum: A. Full High Definition (FHD) B. IK10 rating for vandal resistant housing C. Infrared Illumination for night visibility D. Defocus Detection E. Capability to produce 30 FPS or more F. Image stabilizing to reduce blurring G. Day/Night Capability H. Optional pan, Tilt, Zoom (PTZ) capability I. RJ45 Connectivity J. Power over Ethernet (PoE) or optional wireless data transfer K. 4-megapixel solution L. Must have tamper detection M. Must have motion detection 122 RFP 23-007 City of Hermosa Beach Page 12 of 36 N. Capability to record audio O. Cloud-based storage 3.2 Video Management System The proposed solution should describe the administration/management interface that will be used. Preference will given to RFPs that demonstrate systems that are easy to use, that have the option to integrate with Active Directory, have an HTML client, have the ability to record an alarm, supports video aging, and have the option to search by thumbnails. There are certain requirements that need to be met by the video management system. It must be able to do the following: 1. Provide multiple levels of administrators that will have varying roles in the system. 2. Provide meta-data and audit logs of all users/administrator access to the system. 3. Provide email notification of critical system events. 4. Has the capability to store video for one year or more. 5. Has the capability to provide video monitors. 6. Has the capability to view live video and review historical video up to one (1) year. 3.3 Support and Maintenance The City requires one year of online and onsite support with the option to continue annual support after the one-year period has ended. The vendor should provide a detailed description of standard and extended support, maintenance, and the average response time for a support request during and after office hours. 3.3.1 Service Provider Please state the name of the company which will be delivering service and on-site support for this solution. If service has been outsourced to another firm, please state the longevity of this relationship. 3.3.2 Product History Please provide a technical roadmap for the proposed solutions. How does the proposed solution fit into the vendor’s current product lifecycle? Please provide a list of policies on firmware updates for the proposed solution. How often are changes released? How is the customer notified about changes? How are they applied? 3.4 Engagement Methodology The City is looking for a turn-key solution. The vendor will be responsible for any camera hardware, any necessary cable runs, as well as installation of networking equipment at the camera locations. The vendor will be responsible for coordinating with the City’s Network 123 RFP 23-007 City of Hermosa Beach Page 13 of 36 Administrator in configuring equipment to work with the City’s existing LAN. 4. Proposal Submittal Instructions 4.1 Proposal Format Proposers shall submit one copy of the proposal and one copy of the fee schedule in PDF format on the PlanetBids Portal. 4.2 Proposal Content Proposals must be concise, but with sufficient detail to allow accurate evaluation and comparative analysis. Proposals should be straightforward and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals should include the sections as described in greater detail below. Do NOT include marketing brochures or other promotional material not connected with this RFP. 4.2.1 Cover Letter Proposal must be accompanied by a cover letter, signed by an individual authorized to bind the proposing entity. An unsigned proposal is grounds for rejection. The cover letter should include an introduction of the firm, contact information, summary statement of professional qualifications, and statement of understanding of the scope of work. The cover letter also shall acknowledge receipt of any addendums that were issued for this RFP. 4.2.2 Firm Profile Proposers should provide a brief profile of the prime consultant and any sub-consultants. Information should include, but is not limited to the following information: • Official name and address; • Name, address, email, and telephone number of the consultant’s primary point of contact; • Type of business entity of consultant (corporation, company, joint venture, etc.). Please enclose a copy of the Joint Venture Agreement if entity is a joint venture; • Federal Employer I.D. Number; • Address and telephone numbers of each of the proposing firm’s locations; • Indication whether firm is totally or partially owned by another business 124 RFP 23-007 City of Hermosa Beach Page 14 of 36 organization (parent company) or individual; • Number of years consultant has been in business under the present business name; • Number of years of experience the consultant has had in providing required, equivalent, or related services; and • Any failures or refusals to complete a contract and explanation. 4.2.3 Project Understanding and Approach to Scope of Work Proposers should include in this section a statement of project understanding, organizational chart, approach to work program and summary of deliverables, described in greater detail below. Statement of Project Understanding Consultant must include in this section its understanding of the project and understanding of the Scope of Services noted herein. Consultant should be able to articulate a thorough understanding of the Federal, State, County and local requirements, and other industry standards applicable to the project or services to be provided. Organizational Chart Consultant shall include an organizational chart that reflects key staff and roles/responsibilities of each individual assigned to provide services under this Proposal. Any roles or topics in which the proposer anticipates utilizing the expertise of subcontractors should be clearly identified. Approach to Work Program (Required and Optional Tasks) The City is seeking an effective, efficient, and creative approach to preparing work products and meeting the City’s goals and timelines. In this section, proposers should include their recommended approach to providing the requested professional services and tasks noted in the Scope of Services in the RFP. The approach to the work plan shall be of such detail to demonstrate the proposer’s ability to accomplish project objectives within the specified timeline. This section should also include proposed approaches and techniques to engagement of community and stakeholders in the process of developing projects. The proposer’s approach should provide detail on both the required and optional tasks identified in the scope of work, as well as any additional tasks or services performed by the proposer. Additional Services Consultant shall provide the City with any additional services that the firm can provide. Consultant may additionally itemize those services which are further beneficial but are 125 RFP 23-007 City of Hermosa Beach Page 15 of 36 not noted in the aforementioned paragraphs as requirements. Roles and Responsibilities for City Staff Proposer should summarize any services NOT provided by their firm that are listed in the Scope of Work. Consultant shall also list any resources, City assistance or other items expected to be provided by City, “Work to be Performed or Provided by the City”. 4.2.4 Project Management Plan Key to a creative, effective, and efficient delivery of projects is close coordination and communication between the City. Community, and the selected consultant. In this section, proposers should provide information on scheduling, and describe the firm or project manager’s approach to communications and quality assurance/quality control. Project Schedule Proposers must provide a project schedule with anticipated timeframe for key deliverables outlined in the scope of services. Communications Approach Proposers should describe their recommended or preferred approach to project communications between the City and Consultant Team. This should include detail on the frequency of project check-ins, progress updates, and meeting locations (i.e. phone, email, in-person). Communications protocols for coordinating with other City departments, agencies, and the community can be established during individual project kick-offs. Consultant should have the capability to run virtual meetings. Quality Assurance/Quality Control Approach Describe the firm’s QA/QC processes that will be adhered to during the term of the agreement. Describe the Consultant’s method of ensuring that the assigned personnel’s quality of work is high. 4.2.5 Experience and Qualifications Proposers should include in this section a summary of relevant projects, contact information for references, and information about the experience, qualifications, and availability of key personnel, described in greater detail below. Summary of Relevant Projects Proposers should highlight representative projects that are similar in scope to the services requested to demonstrate the firm’s depth of experience and familiarity with similar projects. For each project, please include the following information, at a minimum: • Year started and completed (if relevant); 126 RFP 23-007 City of Hermosa Beach Page 16 of 36 • Contracting Agency and Department; • Project Description; • Key Personnel Assigned; and • Contract Value. References Consultant must provide at least three (3) references for which consultant has provided services similar in scope as set forth in the RFP within the last five (5) years. Reference information should include: • Name of Agency; • Name of agency project manager; • Email address and telephone number of contact person; and • Description of project or services provided. Experience and Qualifications of Key Personnel The consultant shall provide resumes indicating the experience and qualifications for the key personnel identified in the organization chart. Consultant shall also include the number and type of additional support personnel who will be providing services. At a minimum, the resume for each team member should include: • Name; • Position and Role for This Project; • Degrees and Certifications; • Professional Memberships/Registrations; • Summary of Experience; and • Work on Representative Project Similar in Scope. If sub-consultants are to be used as part of this proposal, a resume of the sub-consultant and relevant experience is to be included in the same format. Assignment of Key Personnel It is the City’s preference to have the key personnel identified in the Organizational Chart remain with the individual project during its duration. In this section, please indicate the availability of key personnel to pursue completion of projects. After contract execution the Consultant should not substitute key personnel (project manager and others listed by name in the proposal) or sub-consultants without prior 127 RFP 23-007 City of Hermosa Beach Page 17 of 36 written approval from the local agency. The consultant must request and justify the need for the substitution and obtain approval from the agency prior to use of a different sub- consultant on the contract. The proposed substituted person must be as qualified as the original, and at the same or lower cost for similar types of consultant contracts, the Consultant’s project manager shall have all the necessary credentials to qualify him/her as a project manager for this project. In the event there are proposed changes in key personnel, including sub-consultants, during the term of the agreement that are outside of the consulting firm’s control, the consultant shall prepare a transition plan that is presented to the City’s project manager for review. 4.2.6 Required Forms Consultant shall review, acknowledge and submit the following forms: • Certification of Proposal. Consultant is required to sign and submit the Certification of Proposal including acknowledgement that they have received and considered any addendums issued by the City of Hermosa Beach in connection with this RFP. (See section 7.2.1) • Non-Collusion Affidavit. Consultant is required to sign and submit the Non- Collusion Affidavit. (See section 7.2.2) • Compliance with Insurance Requirements. Consultant shall demonstrate the willingness and ability to submit proof of the required insurance coverage as set forth in the Sample Professional Services Agreement. (See section 7.2.3) • Acknowledgement of Professional Services Agreement. Consultant shall demonstrate willingness and ability to comply with the City’s Sample Professional Services Agreement and/or indicate any exceptions to the Professional Services Agreement. (See section 7.2.4) • Covid Vaccination Certification. Consultant agrees to certify in writing to CITY that all employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID-19. (See section 7.2.5) 4.2.7 Cost Proposal The cost proposal shall be submitted through PlanetBids Portal as a separate file, labeled “Cost Proposal” and indicate the firm’s name. The cost proposal shall detail costs broken down by project phase, task, hourly rates, and key personnel. Consultant should provide the cost proposal for the duration of the agreement to successfully fulfill the Scope of Work detailed in this RFP. Required and optional tasks should be consistent with the tasks listed in the Scope of Services and be clearly marked in the cost proposal to facilitate consistent comparison of costs between proposals. The Cost Proposal should identify project team members, and hourly billing rates and break 128 RFP 23-007 City of Hermosa Beach Page 18 of 36 costs by task and phase. The fee schedule should also include any direct costs such as travel, equipment, printing/materials. The method of payment shall be primarily at Specified Rates of Compensation but may include Cost per Unit of Work. The proposal should include hourly rates for all types of personnel required to perform the services described in this RFP. Other direct costs, intended to be charged to the City, need to be stated. No mark-ups will be allowed for other direct costs. 5 Proposal Evaluation and Selection 5.1 Proposal Review Process The City will evaluate all proposals received in accordance with the evaluation criteria. The City shall not be obligated to accept the lowest priced fee schedule, but the City may make award(s) in the best interests of the City after all factors are considered, including, but not limited to, the demonstrated competence, experience and professional qualifications of the Proposer. Evaluation scores will not be released until after award of proposal, if one is made. Following the review of RFPs by the City’s team, the City may, if it chooses to do so, invite short-listed consultants to be interviewed by a panel of City staff, which may include non- City personnel at the City’s discretion. Discussions may, at the City's option, be conducted with the most qualified Proposers. Discussions may be for the purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and written revision of proposals. In conducting discussions, the City will not disclose information derived from proposals submitted by competing Proposers. The City will verify references of short-listed consultants, which may include persons not listed as references, and this will help inform the City’s decisions. The City will select a consultant to negotiate for the performance of work. In negotiating the contract the City may request modifications to the proposed scope or to the technical team or other elements of the proposal. If negotiations fail, the City will commence negotiations with the next qualified candidate. Work will promptly commerce following contract award and satisfaction of contract requirements. 5.2 Evaluation Criteria Evaluation criteria will typically include RFP understanding, demonstrated expertise, relevant experience, availability of the firm’s team, and other factors. Task orders resulting from this contract will be negotiated and executed between the City and the selected firm. Proposals will be evaluated on the basis of their response to all provisions of this RFP. The 129 RFP 23-007 City of Hermosa Beach Page 19 of 36 City of Hermosa Beach will use the following criteria in its evaluation of proposals, interviews may be required with selected consultants, or verification of references. The categories will be weighted approximately as follows. Approach and Methods (30%): • A well thought-out and tailored approach to the technical work that responds to the City’s particular issues and needs. • Incorporation of innovative and/or creative approaches for providing the services that will maximize efficient, cost-effective operations or increased performance capabilities. • Meeting all requirements specified in the Scope of Services. • Evidence of the team’s ability to work collaboratively with other members of a multi-disciplinary team in a complex and dynamic working environment. • Demonstration of the team’s commitment to accurate and superior work products and services as detailed in the project management project management plan. Relevant Experience & Expertise (35%): • Recent experience preparing similar projects or providing similar services for jurisdictions. • Familiarity and experience with applicable industry standards and any relevant federal, state, or local requirements. • The depth and appropriateness of experience of individual members of the technical team as they relate to the specific technical tasks called for by the project. • The consultant team’s ability to dedicate a strong project manager that will serve as a single point of contact for the duration of the project. • The team’s experience and ability to clearly communicate technical concepts and terminology with the community. Timeframe and Costs (25%): • Display of responsive timeframe to assign tasks. • Evidence of the team’s ability to successfully deliver project tasks and deliverables within the identified project budget and minimize cost overruns. Administration (10%): • Ability to comply with the timeline, contract terms, and billing procedures. • The extent and nature of any proposed amendments to the City’s Professional 130 RFP 23-007 City of Hermosa Beach Page 20 of 36 Services Agreement or insurance requirements. 6 Contract Expectations 6.1 Contract Period The City anticipates the contract term would begin around December 2023. The City is interested in having the project completed within three (3) to five (5) months from the Notice to Proceed. 6.2 Professional Services Agreement The selected consultant will be expected to comply with and sign the City’s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 7.1. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City’s Professional Services Agreement. 6.3 Standards of Work In case of conflicts, ambiguities, discrepancies, errors, or omissions, Consultant shall submit the matter to City for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by Consultant prior to clarification by City shall be at Consultant's risk and expense. 6.4 Invoicing and Payment Each invoice shall contain a progress report describing the work completed during the billing period and shall also include cost information by task regarding: previous work billed to date, work billed during the reporting period, percent of task completed and amount remaining by task. Invoices are to be submitted monthly. The invoices shall reference the project title, and list charges by task, worker classification, hours, billing rate, and totals. Each invoice shall contain a progress report describing the work completed during the billing period and the following summary information: Contract Amount Total Prior Contract Billings Contract Work Performed this Period Total Contract Amount Performed To Date Contract Percent Complete Total Amount Remaining for the Contract 131 RFP 23-007 City of Hermosa Beach Page 21 of 36 7 Attachments and Required Forms 7.1 Sample Professional Services Agreement CONTRACT FOR PROFESSIONAL SERVICES TO BETWEEN THE CITY OF HERMOSA BEACH AND This AGREEMENT is entered into this day of , 2023, by and between the CITY OF Hermosa Beach, a general law city a municipal corporation (“CITY”) and _, a limited liability company (“CONSULTANT”). R E C I T A L S A. The City desires to . B. The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for consulting services to accomplish this work. C. The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement. D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement. NOW, THEREFORE, based on the foregoing recitals, the City and the Consultant agree as follows: CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement. As additional consideration, CITY agrees to pay CONSULTANT a total of $ , for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee. CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous 132 RFP 23-007 City of Hermosa Beach Page 22 of 36 month. CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received. SCOPE OF SERVICES. CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference. Except as herein otherwise expressly specified to be furnished by CITY, CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, and facilities necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY. FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents that CONSULTANT has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. KEY PERSONNEL. CONSULTANT’s key person assigned to perform work under this Agreement is . CONSULTANT shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on , 20 , unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 133 RFP 23-007 City of Hermosa Beach Page 23 of 36 TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing. CONSULTANT may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONSULTANT shall, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. INDEMNIFICATION. To the extent permitted by law, CONSULTANT shall indemnify, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT. CONSULTANT shall promptly pay any final judgment rendered against CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONSULTANT’s negligence, recklessness or willful misconduct. CONSULTANT shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation to the extent such fees, costs and all other costs are determined by the court of competent jurisdiction to have been caused by the actual negligence, recklessness or willful misconduct of the Consultant. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 134 RFP 23-007 City of Hermosa Beach Page 24 of 36 ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services. CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. AUDIT OF RECORDS. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. CORRECTIVE MEASURES. CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONSULTANT will be given a reasonable amount of time as determined by the City to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures shall result in immediate termination of this Agreement. INSURANCE REQUIREMENTS. A. The CONSULTANT, at the CONSULTANT’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 1. Workers Compensation Insurance as required by law. The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City. 2. General Liability Coverage. The CONSULTANT shall maintain commercial general liability insurance in an amount of not less than two million dollars 135 RFP 23-007 City of Hermosa Beach Page 25 of 36 ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. The CONSULTANT shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONSULTANT arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Liability Coverage. The CONSULTANT shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONSULTANT’S operations under this Agreement, whether such operations be by the CONSULTANT or by its employees, subcontractors, or sub-consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per- occurrence basis. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows. CONSULTANT also agrees to require all contractors, and subcontractors to do likewise. 1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONSULTANT, including materials, parts, or equipment furnished in connection with such work or operations.” 2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 136 RFP 23-007 City of Hermosa Beach Page 26 of 36 4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY. C. CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONSULTANT shall demonstrate financial capability for payment of such deductibles or self-insured retentions. E. The CONSULTANT shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. F. Failure on the part of the CONSULTANT to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above. G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s behalf upon the Consultant’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. USE OF OTHER CONSULTANTS. CONSULTANT must obtain CITY’s prior written approval to use any sub-consultants while performing any portion of this Agreement. Such approval must include approval of the proposed consultant and the terms of compensation. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONSULTANT of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONSULTANT for anything done, furnished or relating to the CONSULTANT’S work or 137 RFP 23-007 City of Hermosa Beach Page 27 of 36 services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONSULTANT, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents. CORRECTIONS. In addition to the above indemnification obligations, the CONSULTANT shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Consultant’s report or plans. Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONSULTANT. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONSULTANT under this Agreement up to the amount of the cost of correction. NON-APPROPRIATION OF FUNDS. Payments to be made to CONSULTANT by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONSULTANT’S services beyond the current fiscal year, the Agreement shall cover payment for CONSULTANT’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY CONSULTANT City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 ATTN: ATTN: Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in 138 RFP 23-007 City of Hermosa Beach Page 28 of 36 the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section. A. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. B. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement. C. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. D. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. E. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. F. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the 139 RFP 23-007 City of Hermosa Beach Page 29 of 36 natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Consultant, except the Consultant’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Consultant, but any re-use of such documents by the City on any other project without prior written consent of the Consultant shall be at the sole risk of the City. DISCLOSURE REQUIRED. (City and Consultant initials required at one of the following paragraphs) By their respective initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is a “consultant” for the purposes of the California Political Reform Act because Consultant’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Consultant employed by the City. Consultant hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to consultant commencing services hereunder, the City’s Manager shall prepare and deliver to consultant a memorandum detailing the extent of Consultant’s disclosure obligations in accordance with the City’s Conflict of Interest Code. 140 RFP 23-007 City of Hermosa Beach Page 30 of 36 City Initials Consultant Initials OR By their initials next to this paragraph, City and Consultant hereby acknowledge that Consultant is not a “consultant” for the purpose of the California Political Reform Act because Consultant’s duties and responsibilities are not within the scope of the definition of consultant in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code. City Initials Consultant Initials COMPLIANCE WITH COVID-19 VACCINATION POLICY. All CONSULTANT’S employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID-19. CONSULTANT agrees to certify in writing to CITY that it complies with the foregoing. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF HERMOSA BEACH CONSULTANT [MAYOR/CITY MANAGER] By: NAME/TITLE ATTEST: Myra Maravilla, City Clerk Taxpayer ID No. APPROVED AS TO FORM: 141 RFP 23-007 City of Hermosa Beach Page 31 of 36 Patrick Donegan, City Attorney 7.2 Required Forms 7.2.1 Certification of Proposal RFP #: The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP). 1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. 2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP. 3. Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them. 4. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City. 5. The proposal response includes all of the commentary, figures and data required by the Request for Proposal 6. The proposal shall be valid for 90 days from the date of submittal. 7. Proposer acknowledges that the City may issue addendums related to this RFP and that the proposer has reviewed the following addendums which have been issued: Addendum: Addendum: Addendum: Addendum: 142 RFP 23-007 City of Hermosa Beach Page 32 of 36 8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their proposal. Signature of Authorized Representative: Printed Name and Title: 143 RFP 23-007 City of Hermosa Beach Page 33 of 36 7.2.2 Non-Collusion Affidavit RFP #: The undersigned declares states and certifies that: 1. This proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation. 2. This proposal is genuine and not collusive or sham. 3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham proposal or to refrain from submitting to this RFP. 4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Hermosa Beach or of anyone interested in the proposed contract. 5. All statements contained in the Proposal and related documents are true. 6. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof, to effectuate a collusive or sham proposal. 7. I have not entered into any arrangement or agreement with any City of Hermosa Beach public officer in connection with this proposal. 8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. Signature of Authorized Representative: Printed Name and Title: 144 RFP 23-007 City of Hermosa Beach Page 34 of 36 7.2.3 Compliance with Insurance Requirements RFP #: The selected consultant will be expected to comply with the City s insurance requirements contained within this RFP. The undersigned declares states and certifies that: 1. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Proposal. 2. If selected, proposer agrees to accept all conditions and requirements as contained therein. Signature of Authorized Representative: Printed Name and Title: 145 RFP 23-007 City of Hermosa Beach Page 35 of 36 7.2.4 Acknowledgement of Professional Services Agreement RFP #: The selected consultant will be expected to comply with and sign the City s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City s Professional Services Agreement. 1. Proposer agrees, acknowledges and is fully aware of the conditions specified in the City’s Sample Professional Services Agreement. 2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows: Signature of Authorized Representative: Printed Name and Title: 146 RFP 23-007 City of Hermosa Beach Page 36 of 36 7.2.5 COVID Vaccination Certification PLEASE PLACE LETTER ON OFFICIAL COMPANY LETTERHEAD (Insert Date) Suja Lowenthal, City Manager City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 RE: Mandatory COVID-19 Vaccination for City of Hermosa Beach Consultants Dear Ms. Lowenthal: Per this letter, (Insert Company Name) certifies that all of its officers, agents, employees, subcontractors, representatives and volunteers servicing the City of Hermosa Beach on-site within the City pursuant to the (Insert Agreement Title) dated (Insert Agreement Date), are or will be fully vaccinated or covered by an approved medical or religious exemption prior to the implementation of the scope of work located within the above referenced agreement. Respectfully, (Insert Name) (Insert Title) 147 1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBchCity HermosaBeachCity ADDENDUM No. 1 RFP 23-007 SECURITY CAMERA SERVICES DATE: 10/17/23 TO: All Prospective Bidders Please note the following answers to questions submitted via PlanetBids for the project indicated above. 1. There is an ideal location for Wireless antennas to serve the intersection and street antennas, it is located at the corner substation parking building. The roof top has good line of sight to all poles. Can the city use the roof top for an antenna location? Currently this location is fenced off. A. The area within the fence on top of the parking structure is private property and not available for antenna placement. 2. What is the current bandwidth of the existing Fiber from police station to the substation? Can it be used for the CCTV system and can the bandwidth be increased if requested? A. The current Fiber Circuit from the substation to the police station is with Spectrum. The circuit is currently 50 Mbps. Yes, it can be used for the CCTV system. Yes, it can be increased if needed, and the cost of increased bandwidth is not the responsibility of the proposer/vendor. 3. Is there currently or a future plan to have internet/fiber run to the lifeguard tower? A. There are currently no plans to have internet/fiber run to the lifeguard tower. 4. Existing poles for camera locations have been undetermined to have constant power, will the city provide details on which poles do or do not have constant power? If the vendor is to determine power, how can that be coordinated with the city? A. To the City's knowledge, locations in the project (see Attachment 1) have been confirmed to have constant 120V power available except the pole in Parking Lot B (the small parking lot off of 13th St and Hermosa Ave). At this location, there is a service box with power 148 1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBchCity HermosaBeachCity in the corner of the lot from which wiring could be pulled to power the pole. The selected vendor will be responsible for independent verification of power at each camera location. Site visits will be coordinated with the Public Works Department following selection of a vendor. 5. Can the power that serves the existing Lot A Wcctv PTZ camera be used to power the new requested camera on that same pole? A. Yes. 6. Is there protocol or special instructions for lift work at the intersection pole locations (work time, coning off and coordination) A. Traffic control is required for pedestrian and vehicle access throughout work areas in the public right-of-way. Traffic control devices shall comply with the CAMUTCD and WATCH Manual. 7. Can Prevailing wage determination by provided for this project? A. For the latest prevailing wage rates please refer to the State of California Department of https://www.dir.ca.gov/Public- Works/Prevailing-Wage.html. 8. Are prevailing wage labor rates required for this RFP response? A. Yes. Registration with DIR, submission of certified payroll reports, and compliance with all other DIR regulations applicable to this project are required. 9. Under section 3.1.2, line H, the RFP specifies a camera with “optional pan, tilt, zoom (PTZ) capability” but on the site walk, there were a few other options thrown around. a. Does the City require PTZ cameras or will an overview of the area using 360-degree cameras work for this requirement? b. Can the City provide the specific count and camera type needed to be installed for bidding purposes on this RFP? A. An overview of the area with 360-degree camera works; it is optional for it to have the PTZ capability. No, the vendor is responsible for proposing their approach to and understanding of the project, including the type and quantity of all equipment required to meet the requirements of the RFP. 10. Based on the site walk, there are eight total poles that need to have cameras installed on them. a. Can the City confirm each pole location 149 1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBchCity HermosaBeachCity and note the type of power (constant or switched) that exists at each pole? A. Yes, please see Attachment 1 and the response to Question #4. 11. Can the City provide the type of wireless currently being used for the camera systems? A. Current wireless system being used is the WCCTV cameras. 12. Can the City provide an overview drawing of the area to notate which poles can be used to install equipment? A. The map in Attachment 1 shows the locations visited on the site walk, with one modification (the pole on the south leg off the intersection of Pier Avenue and Hermosa Avenue was removed). As stated, the selected vendor will be responsible for independent verification of power and confirmation of compatibility with their cameras/systems. 13. Can the City confirm where the current surveillance network originates to connect to the existing cameras? a. Is there a drawing of the current point- to-point wireless network design? If so, can the City provide that? b. What is the point-to-point manufacturer that the City is using currently? A. Yes, please see Attachment 2 for current network and Attachment 3 for a list of hardware. The point-to-point manufacturer is MikroTik. 14. Can the City provide specification sheets for the poles where cameras are needed to be installed? A. No. 15. At what height would the City like the cameras to be installed at each pole? A. Camera height to be determined by the selected vendor. 16. What are the current video management software (VMS) systems currently in use for the City of Hermosa Beach? A. Occularis, Milestone, and WCCTV. 17. Do any existing cameras need to be removed or replaced for this project? A. No. 18. Is there any equipment in the parking structure IDF that needs to be removed? Or should all the equipment remain in place? A. They will remain in place. 150 1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBchCity HermosaBeachCity 19. In the substation at 1301 Hermosa Ave, is the fiber optic cable dark fiber that links back to the Police Department (PD), or is it an internet connection from the ISP? A. It is not dark fiber. We have a Spectrum, point-to-point Fiber Circuit. 20. If the fiber optic cable at 1301 Hermosa Ave is an internet connection, what download and upload speed is it? A. The current Fiber Circuit from the substation to the police station is with Spectrum. The circuit is currently 50 Mbps. 21. In the substation at 1301 Hermosa Ave, what is the server hardware’s current purpose? Is it a machine running the ONSSI Ocularis video management system software? Is it just a storage device? A. Both. 22. In the lifeguard station, what is the server hardware’s current purpose? Is it a machine running the ONSSI Ocularis video management system software? Is it just a storage device? A. Both. 23. Is the substation at 1301 Hermosa Ave and the Lifeguard station currently linked with dark fiber, or are they linked wirelessly, or not at all? A. It is not dark fiber. We have a Spectrum, point-to-point, Fiber Circuit. 24. What brand is the wireless equipment currently in use on the poles and lifeguard station? A. The brand is MikroTik and the devices are WRT 5 ac. See Attachment 3 for a list of hardware. 25. What version of Milestone software is currently in use at the PD? A. Milestone XProtect Smart Client 2018 R2 Version 12.2a (64 bit). 26. The Current software for the cameras not connected to the Police Department is Qognify. Please tell me how many cameras currently connected to that system working and not working? A. The software for the current cameras is ONSSI (Occularis). 27. The Police Department is using Milestone for there VMS. Please tell me what product of Milestone PD is using in the list below? XProtect Corporate XProtect Expert 151 1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBchCity HermosaBeachCity XProtect Professional+ XProtect Express+ Xprotect Essential+ A. Milestone XProtect Smart Client 2018 R2 Version 12.2a (64 bit). 152 153 1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBchCity HermosaBeachCity ACKNOWLEDGEMENT OF ADDENDUM No. 1 RFP 23-007 SECURITY CAMERA SERVICES Complete and sign this acknowledgement form. Enclose the original copy of the acknowledgement in your bid. Failure to do so may result in disqualification of your firm’s bid. The undersigned acknowledges receipt of Addendum No. 1 dated October 17, 2023. ATTEST: _____________________________________ Principal: _____________________________________ Address: _____________________________________ By: _____________________________________ Title: _____________________________________ 154 1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBchCity HermosaBeachCity ATTACHMENT 1 Location Map 155 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.1 Notes © City of Hermosa Beach Legend The map generated is for reference only. Data layers that appear on this map do not have survey grade accuracy but represent close approximation. 0.040 1:2,257 City of Hermosa Beach RFP23-007 Location Map City Boundary Camera Location Single Camera Camera Location Two Cameras 156 1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBchCity HermosaBeachCity ATTACHMENT 2 Network Map 157 Monterey Bldg.158 1315 Valley Drive, Hermosa Beach, CA 90254 | hermosabeach.gov | HermosaBchCity HermosaBeachCity ATTACHMENT 3 Hardware List 159 City of Hermosa Beach Police Department List of Hardware Brand Category Model Name Location Axis Camera P3364-L Second Floor Rear Stairs Parking Structure Axis Camera P3364-L First Floor Northwest Parking Structure Axis Camera P3364-L Second Floor Southwest Parking Structure Axis Camera P3364-L Sub Floor Rear Stair Parking Structure Axis Camera P3364-L First Floor Northeast Parking Structure Axis Camera P3364-L Second Floor Southeast Parking Structure Axis Camera P3364-L Sub Floor Southwest Parking Structure Axis Camera P3364-L Sub Floor Southeast Parking Structure Axis Camera P3364-L Sub Floor Northwest Parking Structure Axis Camera P3364-L Second Floor Elevator Parking Structure Axis Camera Q1604 LPR 1 Parking Structure Axis Camera P3364-L Third Floor Ramp Parking Structure Axis Camera P3364-L Sub Floor Northeast Parking Structure Axis Camera P3364-L Server Room Parking Structure Axis Camera P3364-L Third Floor Southeast Parking Structure Axis Camera P3364-L Third Floor Landing Parking Structure Axis Camera P3364-L Second Floor Stairs Parking Structure Axis Camera 01604 LPR2 Parking Structure Axis Camera P3364-L Third Floor Stairs Parking Structure Axis Camera Q1604 LPR3 Parking Structure Axis Camera P3364-L First Floor Entrance Parking Structure Axis Camera P3364-L First Floor Office Parking Structure Axis Camera P3364-L Second Floor Northeast Parking Structure 160 City of Hermosa Beach Police Department List of Hardware Hanwha Camera PNM 70000 Lot B Parking Structure Axis Camera M3027 Third Floor Parking Structure Axis Camera M3027 Pier Plaza 180 .Pier Plaza Axis Camera M2025 Pier Plaza East Pier Plaza Axis Camera M2025 Pier Plaza West Pier Plaza Axis Camera M3027 Lifeguard Pier Plaza Lifeguard Axis Camera P1354 Restrooms Lifeguard Axis Camera P5534-E Lifeguard PTZ Lifeguard Axis Camera M3027 Lot A Fixed Lot A Hanwha Camera PNM 7000 Lot A 180-1 Lot A Hanwha Camera PNM 7000 Lot A 180-2 Lot A Cisco Switch/ Router SF300-24MP PS-Core-SW Parking Structure- Office Comnet Switch/ Router CNGE28FX4TX24MSPOE2/48 PS-Access-SW Parking Structure- 2nd Floor Comnet Switch/ Router CNGE2FE8MSPOE+LA-Core-SW Lot A Comnet Switch/ Router CNGE2FE8MSPOE+PS-Core-SW Lifeguard Comnet Switch/ Router CNGE5MS PD-Core-SW Police Department Razberi Server POE Switch LifeGuard Comnet Switch/ Router CNGE5MS MR-Core-SW Monterey Razberi Server Recording LT-Rec Lifeguard HP Server Base PS-Base Parking Structure HP Server Recording PD-Rec Police Department Netgear NAS NAS RNR-4C HBPD-NAS Parking Structure Mikrotik Wireless QRT 5 ac LG_RR_AP Lifeguard Mikrotik Wireless QRT 5 ac RR LG CL Restrooms Mikrotik Wireless QRT 5 ac LG PP AP Lifeguard Mikrotik Wireless QRT 5 ac PP_LG_CL Pier Plaza Mikrotik Wireless QRT 5 ac MR LG AP Monterey Mikrotik Wireless QRT 5 ac LG MR CL Lifeguard Mikrotik Wireless QRT 5 ac PS_MR_AP Parking Structure Mikrotik Wireless QRT 5 ac MR_PS_CL Monterey 161 City of Hermosa Beach Police Department List of Hardware Mikrotik Wireless QRT 5 ac LA MR CL Lot A Mikrotik Wireless QRT 5 ac MR_LA AP Monterey Mikrotik Wireless QRT 5 ac PD_MR_AP Police Department Mikrotik Wireless QRT 5 ac MR_PD_CL Monterey 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 CONTRACT FOR PROFESSIONAL SERVICES TO UPDATE THE CITY’S SECURITY CAMERAS BETWEEN THE CITY OF HERMOSA BEACH AND AM-TEC TOTAL SECURITY This AGREEMENT is entered into this 12th day of December, 2023, by and between the CITY OF HERMOSA BEACH, a California general law city and municipal corporation (“CITY”) and AM-TEC TOTAL SECURITY, a sole proprietorship (“CONTRACTOR”). R E C I T A L S A. The City desires to update their security camera services. B. The City does not have the personnel able and/or available to perform the services required under this agreement and therefore, the City desires to contract for contractor services to accomplish this work. C. The Contractor warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement. D. The City desires to contract with the Contractor to perform the services as described in Exhibit A of this Agreement. NOW, THEREFORE, based on the foregoing recitals, the City and the Contractor agree as follows: CONSIDERATION AND COMPENSATION As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A. As additional consideration, CONTRACTOR and CITY agree to abide by the terms and conditions contained in this Agreement. As additional consideration, CITY agrees to pay CONTRACTOR a total of $53,382, for CONTRACTOR’s services, unless otherwise specified by written amendment to this Agreement. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee. CONTRACTOR shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. CITY shall pay CONTRACTOR all uncontested amounts set forth in CONTRACTOR’s invoice within 30 days after it is received. SCOPE OF SERVICES. CONTRACTOR will perform the services and activities set forth in the SCOPE OF SERVICE attached hereto as Exhibit A and incorporated herein by this reference. Except as herein otherwise expressly specified to be furnished by CITY, CONTRACTOR will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space, 213 and facilities necessary or proper to perform and complete the work and provide the professional services required of CONTRACTOR by this Agreement. PAYMENTS. For CITY to pay CONTRACTOR as specified by this Agreement, CONTRACTOR must submit an invoice to CITY which lists the reimbursable costs, the specific tasks performed, and, for work that includes deliverables, the percentage of the task completed during the billing period in accordance with the schedule of compensation incorporated in “Exhibit A.” TIME OF PERFORMANCE. The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY. FAMILIARITY WITH WORK. By executing this Agreement, CONTRACTOR represents that CONTRACTOR has (a) thoroughly investigated and considered the scope of services to be performed; (b) carefully considered how the services should be performed; and (c) understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. KEY PERSONNEL. CONTRACTOR’s key person assigned to perform work under this Agreement is Jeff Torok. CONTRACTOR shall not assign another person to be in charge of the work contemplated by this Agreement without the prior written authorization of the City. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on December 12, 2024, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONTRACTOR and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. PERMITS AND LICENSES. CONTRACTOR will obtain and maintain during the term of this Agreement all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. TERMINATION. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination shall be in writing. CONTRACTOR may terminate this Agreement. Notice will be in writing at least 30 days before the effective termination date. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination, and all finished or unfinished documents, data, drawings, maps, and other materials prepared by CONTRACTOR shall, at CITY’s option, become CITY’s property, and CONTRACTOR will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. 214 INDEMNIFICATION. CONTRACTOR shall indemnify, defend with counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, and cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this AGREEMENT, regardless of CITY’S passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the CITY. Should CITY in its sole discretion find CONTRACTOR’S legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 17, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. ASSIGNABILITY. This Agreement is for CONTRACTOR’s professional services. CONTRACTOR’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. AUDIT OF RECORDS. CONTRACTOR agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONTRACTOR agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONTRACTOR further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. CONTRACTOR will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. CORRECTIVE MEASURES. CONTRACTOR will promptly implement any corrective measures required by CITY regarding the requirements and obligations of this Agreement. CONTRACTOR will be given a reasonable amount of time as determined by the City to implement said 215 corrective measures. Failure of CONTRACTOR to implement required corrective measures shall result in immediate termination of this Agreement. INSURANCE REQUIREMENTS. A. The CONTRACTOR, at the CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies: 1. Workers Compensation Insurance as required by law. The Contractor shall require all subcontractors similarly to provide such compensation insurance for their respective employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City. 2. General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. The CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Liability Coverage. The CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONTRACTOR’S operations under this Agreement, whether such operations be by the CONTRACTOR or by its employees, subcontractors, or subcontractors. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per- occurrence basis. When coverage is provided on a “claims made basis,” CONTRACTOR will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONTRACTOR for all claims made by CITY arising out of any errors or omissions of CONTRACTOR, or its officers, employees or agents during the time this Agreement was in effect. B. Endorsements. Each general liability, automobile liability and professional liability insurance policy shall be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California, or which is approved in writing by City, and shall be endorsed as follows. CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise. 1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.” 216 2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy. 3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. 4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents. 5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. 6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the CITY. C. CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. D. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY’s option, the CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions. E. The CONTRACTOR shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. F. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 11 above. G. The commercial general and automobile liability policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor’s behalf upon the Contractor’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. USE OF OTHER CONTRACTORS. CONTRACTOR must obtain CITY’s prior written approval to use any sub-contractors while performing any portion of this Agreement. Such approval must include approval of the proposed Contractor and the terms of compensation. 217 FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE. The acceptance by the CONTRACTOR of the final payment made under this Agreement shall operate as and be a release of the CITY from all claims and liabilities for compensation to the CONTRACTOR for anything done, furnished or relating to the CONTRACTOR’S work or services. Acceptance of payment shall be any negotiation of the CITY’S check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the CITY shall not constitute, nor be deemed, a release of the responsibility and liability of the CONTRACTOR, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the CITY for any defect or error in the work prepared by the Contractor, its employees, sub-Contractors and agents. CORRECTIONS. In addition to the above indemnification obligations, the CONTRACTOR shall correct, at its expense, all errors in the work which may be disclosed during the City’s review of the Contractor’s report or plans. Should the Contractor fail to make such correction in a reasonably timely manner, such correction shall be made by the CITY, and the cost thereof shall be charged to the CONTRACTOR. In addition to all other available remedies, the City may deduct the cost of such correction from any retention amount held by the City or may withhold payment otherwise owed CONTRACTOR under this Agreement up to the amount of the cost of correction. NON-APPROPRIATION OF FUNDS. Payments to be made to CONTRACTOR by CITY for services preformed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that CITY does not appropriate sufficient funds for payment of CONTRACTOR’S services beyond the current fiscal year, the Agreement shall cover payment for CONTRACTOR’S services only to the conclusion of the last fiscal year in which CITY appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY CONTRACTOR City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 ATTN: Landon Phillips Police Captain Jeff Torok (DBA Am-Tec Total Security) 4075 Schaefer Avenue Chino, CA 91710 ATTN: Jeff Torok Vice President Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section. 218 A. SOLICITATION. CONTRACTOR maintains and warrants that it has not employed nor retained any company or person, other than CONTRACTOR’s bona fide employee, to solicit or secure this Agreement. Further, CONTRACTOR warrants that it has not paid nor has it agreed to pay any company or person, other than CONTRACTOR’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONTRACTOR breach or violate this warranty, CITY may rescind this Agreement without liability. B. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONTRACTOR’s or CITY’s obligations under this Agreement. C. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. D. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. E. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. F. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment with signatures of all parties to this Agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature. FORCE MAJEURE. Should performance of this Agreement be impossible due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then the Agreement will immediately terminate without obligation of either party to the other. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. ATTORNEY’S FEES. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, 219 the prevailing party in such action shall be entitled to reasonable attorneys' fees and costs in addition to all other relief to which that party or those parties may be entitled. STATEMENT OF EXPERIENCE. By executing this Agreement, CONTRACTOR represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONTRACTOR represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private contractors, and experience in dealing with public agencies all suggest that CONTRACTOR is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the City shall own all documents and other work product of the Contractor, except the Contractor’s notes and workpapers, which pertain to the work performed under this Agreement. The City shall have the sole right to use such materials in its discretion and without further compensation to the Contractor, but any re-use of such documents by the City on any other project without prior written consent of the Contractor shall be at the sole risk of the City. DISCLOSURE REQUIRED. (City and Contractor initials required at one of the following paragraphs) By their respective initials next to this paragraph, City and Contractor hereby acknowledge that Contractor is a “contractor” for the purposes of the California Political Reform Act because Contractor’s duties would require him or her to make one or more of the governmental decisions set forth in Fair Political Practices Commission Regulation 18700.3(a) or otherwise serves in a staff capacity for which disclosure would otherwise be required were Contractor employed by the City. Contractor hereby acknowledges his or her assuming-office, annual, and leaving-office financial reporting obligations under the California Political Reform Act and the City’s Conflict of Interest Code and agrees to comply with those obligations at his or her expense. Prior to contractor commencing services hereunder, the City’s Manager shall prepare and deliver to Contractor a memorandum detailing the extent of Contractor’s disclosure obligations in accordance with the City’s Conflict of Interest Code. City Initials ______ Contractor Initials ______ OR By their initials next to this paragraph, City and Contractor hereby acknowledge that Contractor is not a “contractor” for the purpose of the California Political Reform Act because Contractor’s duties and responsibilities are not within the scope of the definition of contractor in Fair Political Practice Commission Regulation 18700.3(a) and is otherwise not serving in staff capacity in accordance with the City’s Conflict of Interest Code. City Initials ______ Contractor Initials ______ 220 COMPLIANCE WITH COVID-19 VACCINATION POLICY. All CONTRACTOR’S employees, agents, officers and subcontractors who will be physically present in the City and have contact with City officials and employees or with the public shall be fully vaccinated from COVID- 19.CONTRACTOR agrees to certify in writing to CITY that it complies with the foregoing. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF HERMOSA BEACH CONTRACTOR Suja Lowenthal, City Manager By: Jeff Torok, Vice President ATTEST: Myra Maravilla, City Clerk Taxpayer ID No. APPROVED AS TO FORM: Patrick Donegan, City Attorney 221 1. Required Forms 1.1 Certification of Proposal RFP #: 23-007 The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal (RFP). 1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom. 2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP. 3. Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them. 4. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City. 5. The proposal response includes all of the commentary, figures and data required by the Request for Proposal 6. The proposal shall be valid for 90 days from the date of submittal. 7. Proposer acknowledges that the City may issue addendums related to this RFP and that the proposer has reviewed the following addendums which have been issued: Addendum: Addendum: Addendum: Addendum: 222 8. Proposer further acknowledges the provisions of any addendums issued have been incorporated into their proposal. Signature of Authorized Representative: Printed Name and Title: 223 1.2 Non-Collusion Affidavit RFP #: 23-007 The undersigned declares states and certifies that: 1. This proposal is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation. 2. This proposal is genuine and not collusive or sham. 3. I have not directly or indirectly induced or solicited any other Proposer to put in a false or sham proposal and I have not directly or indirectly colluded, conspired, connived, or agreed with any other Proposer or anyone else to put in a sham proposal or to refrain from submitting to this RFP. 4. I have not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price or to fix any overhead, profit or cost element of the proposal price or to secure any advantage against the City of Hermosa Beach or of anyone interested in the proposed contract. 5. All statements contained in the Proposal and related documents are true. 6. I have not directly or indirectly submitted the proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, RFP depository, or to any member or agent thereof, to effectuate a collusive or sham proposal. 7. I have not entered into any arrangement or agreement with any City of Hermosa Beach public officer in connection with this proposal. 8. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. Signature of Authorized Representative: Printed Name and Title: 224 1.3 Compliance with Insurance Requirements RFP #: 23-007 The selected contractor will be expected to comply with the City s insurance requirements contained within this RFP. The undersigned declares states and certifies that: 1. Proposer agrees, acknowledges and is fully aware of the insurance requirements as specified in the Request for Proposal. 2. If selected, contractor agrees to accept all conditions and requirements as contained therein. Signature of Authorized Representative: Printed Name and Title: 225 City of Hermosa Beach Page 14 of 28 1.4 Acknowledgement of Professional Services Agreement RFP #: 23-007 The selected contractor will be expected to comply with and sign the City s Professional Services Agreement. Proposers should identify and/or indicate any exceptions to the Sample Professional Services Agreement included in Section 6.2. The City Attorney or their designee retains the discretion to accept or reject proposed exceptions or modifications to the City s Professional Services Agreement. 1. Contractor agrees, acknowledges and is fully aware of the conditions specified in the City’s Sample Professional Services Agreement. 2. Proposer agrees to accept all conditions and requirements as contained therein with exceptions noted as follows: Signature of Authorized Representative: Printed Name and Title: 226 City of Hermosa Beach Page 15 of 28 Exhibit A Scope of Work The Scope of Work shall include, but not be limited to the following tasks. Contractor must follow vendor registration through SAM.gov if selected. The scope of services will include providing outdoor security cameras, video-surveillance security system, software, and maintenance. This system will eventually replace the current system at the Hermosa Beach Police Department. The security camera system will help meet the State Homeland Security Program’s Investment Justification of enhancing the protection of soft targets and crowded places. 1 Technical Specifications 1.1.1. Capacity and Scalability The Security Camera system should have the capability of adding cameras as deemed necessary by the City. 1.1.2. Outdoor Camera All outdoor cameras should be vandal proof and anti-vibration compliant. All outdoor cameras should have the following specifications at a minimum: A. Full High Definition (FHD) B. IK10 rating for vandal resistant housing C. Infrared Illumination for night visibility D. Defocus Detection E. Capability to produce 30 FPS or more F. Image stabilizing to reduce blurring G. Day/Night Capability H. Optional pan, Tilt, Zoom (PTZ) capability I. RJ45 Connectivity J. Power over Ethernet (PoE) or optional wireless data transfer K. 4-megapixel solution L. Must have tamper detection M. Must have motion detection N. Capability to record audio O. Option for Cloud-based storage 1.2. Video Management System The administration/management interface will be easy to use, have the option to integrate with Active Directory, have an HTML client, have the ability to record an alarm, supports video aging, and have the option to search by thumbnails. 227 City of Hermosa Beach Page 16 of 28 There are certain requirements that need to be met by the video management system. It must be able to do the following: 1. Provide multiple levels of administrators that will have varying roles in the system. 2. Provide meta-data and audit logs of all users/administrator access to the system. 3. Provide email notification of critical system events. 4. Has the capability to store video for one year or more. 5. Has the capability to provide video monitoring. 6. Has the capability to review video and collaborate. 7. Has the capability to view live video and review historical video up to one (1) year. 1.3. Software Installation 1.3.1. The contractor will set up server-based software, or video-management software, for notification, viewing, and health monitoring for the City of Hermosa Beach. The contractor will install software on the computer as directed by City of Hermosa Beach employees for viewing of cameras, access control, and alarm. 1.4. Network Installation The contractor will connect cameras to existing and new cables to switches and radios. The contractor will build a private network using separate switches and cables. The contractor will be responsible for coordinating with the City’s Network Administrator in configuring equipment to work with the City’s existing LAN. 1.4.1. 1.5. Camera Installation 1.5.1. The contractor will be responsible for terminating all cables, providing power to each camera installed, mounting all cameras, and aiming and focusing all cameras to the City of Hermosa Beach’s specifications. The contractor will be responsible for any camera hardware, any necessary cable runs, as well as installation of networking equipment and power supply at the camera locations. The contractor will also install all conduits as needed to protect cable on parking structure and buildings. The contractor will need to provide a detailed traffic control plan for the days scheduled for camera installation. 1.6. Support and Maintenance The City requires one year of online and onsite support with the option to continue annual support after the one-year period has ended. The contractor should provide a detailed description of standard and extended support, maintenance, and the average response time for a support request during and after office hours. 1.6.1. Service Provider Contractor will provide the name of the company which will be delivering service and on-site support for this solution. If service has been outsourced to another firm, state the longevity of this relationship will be stated. 1.6.2. Product History 228 City of Hermosa Beach Page 17 of 28 A technical roadmap for the proposed solutions will be provided. A list of policies on firmware updates for the proposed solution will be provided. 229 City of Hermosa Beach Page 18 of 28 Exhibit B Equipment and Labor Camera Equipment Part # Item Quantity Unit Price Total XNP-C8252 Powered by WN7 PTZ Plus with Al, 6MP @ 30FPS resolution, 5mm-125mm (25x) lens, extreme WDR 120dB, Day & Night ICR, H.265, H.264, MJPEG codec support, Analytics events based on Al engine: Object detection (Person/FaceNehicle/License plate), IVA (Virtual line/Area, Enter/Exit, Loitering, direction, intrusion), Analytics events: Defocus detection, Motion detection, Tampering, Fog detection, Audio detection, Sound classification (with NW 1/0 box), Object autotracking (PersonNehicle), Target lock track, BLC, HLC, SSDR, lens heater for water/snow removal, IP66, IK10, NEMA4X, NEMA-TS 2(2.2.8, 2.2.9), FIPS 140-2, Power: PoE+, Operating Temperature -40°C-+55°C(-40°F - +131°F), (Compatible with 1/0 Box. SPM-4210) 4 $2,576.07 $10,304.28 PNM-9002VQ Network vandal outdoor Multi-sensor Multi-Directional dome camera, (2MP/5MP X 4 sensors sold separately) 8MP -20MP (2MP @ 60fps or 5MP @30fps), fixed focal lens modules, triple codec H.265/H.264/MJPEG with WiseStream II technology, 150dB WDR @ 2MP or 120dB@ 5MP, defocus detection, built in analytics, : PTZ handover, 4x SD card, hallway view, HLC, defog detection, DIS(Gyro Sensor), PoE+, IP66/IK10, -40?C - +55?C (-40?F - +131?F) 2MP Lens modules:SLA- 2M2400Q (2.4mm), SLA-2M2800Q (2.8mm), SLA-2M3600Q (3.6mm), SLA-2M6000Q (6mm) 5MP Lens modules: SLA- 5M3700Q (3.7mm), SLA-5M4600Q (4.6mm), SLA-5M7000Q (7.0mm). WHITE COLOR 3 $1,042.70 $3,128.10 SLA-5M3700Q 1/1.8" 5MP CMOS with a 3.7mm fixed focal lens, FoV: H: 97.5?, V: 71.9? for the PNM-9000VQ 12 $161.56 $1,938.72 230 City of Hermosa Beach Page 19 of 28 SBP-156WMW Wall/Pole mount, Material : Aluminum, Color : White, Dimensions: 135(W)x183(H)x302(D)mm (5.31 x7 .20x11.89"), Compatible with: I XNP-9300RW/8300RW/6400RW, QNP- 6320R/6250Rl6320H/6250H; Stainless Steel; Pole straps not included 4 $103.99 $415.96 SBP-100S Stainless steel mount strap (QTY of 2) for wall pole mount: SBP-56WMW, SBP- 300PMW, SBP-300PM 8 $14.50 $116 SBP-276HMW Cap adapter for the PNM-9084O2, PNM-8082VT, 1 PNM-9022V, PNM-9031 RV 3 $52.35 $157.05 SBP-00WMW1 Wall Mount Accessory (white), Compatible with white hanging caps 3 $55.14 $165.42 SBP-300PMW1 Pole Mount Adapter Accessory, use with SBP-300WMW1, White color, made of aluminum 3 $55.14 $165.42 Total $16,390.95 Camera License and Storage Part # Item Quantity Unit Price Total WAVE-PRO-01 WAVE Professional License. Enables one (1) IP stream recording, includes life-time SW upgrade. No annual & maintenance cost required. 3 $101.21 $303.63 WAVE-PRO-04 WAVE Professional License. Enables four (4) IP stream recording, includes life-time SW upgrade. No annual & maintenance cost required. 1 $404.81 $404.81 ST10000VX000 4 Seagate Surveillance 1 OTB 6 $456.74 $2,740.44 ZRM&E 2pcs Chassis Hard Drive Mounting Plastic Rails 5.71x0.47 Inch for Cooler Master 3.5" HDD Bracket, Black 6 $20.65 $123.90 Total $3,572.78 Camera Network Part # Item Quantity Unit Price Total NBE-5AC-GEN2- US UBIQUITI NETWORKS NANO BEAM AC 5GHZ 10 $187.59 $1,875.90 TPE-215GI Trendnet 2.5g Poe+ Injector 7 $64.98 $454.86 WQ-66 Hinged Waterproof Box 11.81 x 11.81 x 7.15 in/ 300 x 300 x 182 mm I 3.92 lbs 7 $120.75 $845.25 Polycase PK-121 Pole Mount Kit 7 $89.92 $629.44 231 City of Hermosa Beach Page 20 of 28 DR-20 DIN Rail Kit 9.84 x 1.38 x 0.30 in/ 250 x 35 x 8 mm/ 0.19 LBS 7 $15.06 $105.42 TPE-TG82G TRENDNET 8 PORT GIGABIT POE+ SWITCH 2 $142.55 $285.10 PLATINUM 202010J PLATINUM 202010J CAT6+ CONN 100/JAR *PM=MOD PLUG RJ45 BC C6 40 $1.70 $68 SHIPPING 1 $38 $38 TOTAL $4,301.97 Camera Cable and Conduit Part # Item Quantity Unit Price Total 6ESOSPBK2 WAVENET CAT6E Outdoor Shielded Cable 1 $317.92 $317.92 Wavenet 09W- 6EA4-6 Wavenet 09W-6EA4-6 Cat6 cable white 1000' box 1 $195.25 $195.25 4105012025 1/2 in. Dia x 25 ft. - Flexible PVC Non Metallic UL Liquid Tight Electrical Conduit 1 $25.17 $25.17 58133602 1/2 in. Uninsulated Liguidtight Connector 14 $5.07 $70.98 27693 HALEX 1/2 " NM Strain Relief Cord Connector 7 $4.28 $29.96 853428 EMT 1 /2 in. x· 10 ft. Electric Metallic Tube (EMT) Conduit 30 $8.80 $264 051411262303 1/2 in. Electrical Metallic Tube (EMT) Compression Connectors (5-Pack) 2 $5.98 $11.96 051411262419 112 in. Electrical Metallic Tube (EMT) Compression Coupling (5-Pack) 5 $5.07 $25.35 Halex 26151 1/2 in. Standard Fitting Electrical Metallic Tube (EMT) 1 Hole Straps (25- Pack) 3 $9.40 $28.20 WSB350G Commercial Electric 1/2 in. 1-Gang 3-Holes Weatherproof Box, Gray 6 $9.59 $57.54 5173-0 BELL 1-Gang Weatherproof Cover, Vertical/Horizontal, Blank, Gray 1 $3.53 $21.18 112-1472CR 100 ft. 14 Gauge White Solid Copper THHN Wire 1 $56.13 $56.13 112-1471CR 100 ft. 14 Gauge White Solid Copper THHN Wire 1 $56.13 $56.13 112-1475CR 100 ft. 14 Gauge White Solid Copper THHN Wire 1 $56.13 $56.13 TOTAL $1,215.90 232 City of Hermosa Beach Page 21 of 28 Labor Item Quantity Unit Price Total Bucket Lift (1-Day use) 10 $150 $1,500 PW LA Labor (hourly rate) 160 $165 $26,400 TOTAL $27,900 LABOR $ 27,900.00 MATERIALS $ 25,481.00 Total Amount $ 53,381.60 233 City of Hermosa Beach Page 22 of 28 Exhibit C Project Schedule The contractor will complete the services stated in this professional services agreement by March 29, 2024. 234 City of Hermosa Beach Page 23 of 28 Exhibit D Federal Contract Provisions During the performance of this Agreement, Contractor shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit. 1. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336) Contractor shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors General, the Comptroller General of the United States, Agency, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Contractor's personnel for the purpose of interview and discussion related to the books and records. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. In compliance with the Disaster Recovery Act of 2018, the City and Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal review by the FEMA Administrator or the Comptroller General of the United States. 2. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326) 2.1 Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, if this contract meets the definition of a “federally assisted construction contract” in 41 C.F.R. § 60-1.3, then Contractor shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C.F.R. Chapter 60: 2.1.1 The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2.1.2 The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 2.1.3 The Contractor will not discharge or in any other manner discriminate against 235 City of Hermosa Beach Page 24 of 28 any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 2.1.4 The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2.1.5 The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 2.1.6 The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 2.1.7 In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 2.1.8 The Contractor will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above 236 City of Hermosa Beach Page 25 of 28 equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 2.2 Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Contractor shall comply with the following: 2.2.1 Pursuant to the Clean Air Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. 2.2.2 Pursuant to the Federal Water Pollution Control Act, (1) Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to include these requirements in each subcontract exceeding $150,000. 2.3 Appendix II to Part 200 (H) – Debarment and Suspension. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower 237 City of Hermosa Beach Page 26 of 28 tier covered transaction it enters into. This certification is a material representation of fact relied upon by City. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Contractor further agrees to notify the City in writing immediately if Contractor or its subcontractors are not in compliance during the term of this contract. 2.4 Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act. Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. 2.5 Procurement of Recovered Materials. In the performance of this contract, Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 3. MISCELLANEOUS PROVISIONS 3.1 The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval. 3.2 This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of this contract. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 3.3 Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract. 3.4 The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the City, Contractor, any subcontractors or any other party pertaining to any matter resulting from the contract. 3.5 General and administrative expenses shall be negotiated and must conform to the Cost Principles in 2 C.F.R. Part 200. Profit shall be negotiated as a separate element of the cost. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Contractor, the Contractor's investment, the amount 238 City of Hermosa Beach Page 27 of 28 of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. Any agreement, amendment or change order for work performed on a time and materials basis shall include a ceiling price that Contractor exceeds at its own risk. 239 City of Hermosa Beach Page 28 of 28 Exhibit E - Security Camera Locations Please see the following page. 240 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.1 Notes © City of Hermosa Beach Legend The map generated is for reference only. Data layers that appear on this map do not have survey grade accuracy but represent close approximation. 0.040 1:2,257 City of Hermosa Beach RFP23-007 Location Map City Boundary Camera Location Single Camera Camera Location Two Cameras 241 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.1 Notes © City of Hermosa Beach Legend The map generated is for reference only. Data layers that appear on this map do not have survey grade accuracy but represent close approximation. 0.040 1:2,257 City of Hermosa Beach RFP23-007 Location Map City Boundary Camera Location Single Camera Camera Location Two Cameras 242 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0744 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 RESOLUTION AUTHORIZING THE ACCEPTANCE OF $40,000 FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, ALCOHOL POLICING PARTNERSHIP PROGRAM (Police Chief Paul LeBaron) Recommended Action: Staff recommends City Council: 1.Adopt a resolution authorizing the acceptance of $40,000 from the California Department of Alcoholic Beverage Control, Alcohol Policing Partnership Program (Attachment 2); 2.Add estimated revenue of $40,000 in the Grant Fund; and 3.Appropriate $40,000 in the Grant Fund for operations to reduce alcohol-related incidents. Executive Summary: For the past several years,the Hermosa Beach Police Department (HBPD)collaborated with the Manhattan Beach Police Department,El Segundo Police Department,and the California Department of Alcohol Beverage Control (ABC)to educate and conduct enforcement pertaining to alcohol related laws, regulations, and criminal and civil penalties. This year,the Hermosa Beach and Manhattan Beach Police Departments applied for a $40,000 grant from the ABC Office of Traffic Safety’s (ABC-OTS)Grant Program,with the Hermosa Beach Police Department leading the operations.Staff recommends City Council adopt a resolution authorizing the acceptance of $40,000 from ABC to reduce alcohol-related incidents. Background: In September 2023,HBPD applied for,and was awarded,a $40,000 grant aimed at reducing alcohol related incidents in the Cities of Hermosa Beach and Manhattan Beach.For the past several years, the Hermosa Beach,Manhattan Beach,and El Segundo Police Departments have applied jointly to the ABC Grant Assistance Program,rotating between each agency to oversee operations.Due to limited staffing,the El Segundo Police Department did not join the Hermosa Beach and Manhattan Beach Police Departments for the 2023-2024 ABC-OTS Grant Program application process. City of Hermosa Beach Printed on 12/7/2023Page 1 of 4 powered by Legistar™243 Staff Report REPORT 23-0744 Past Council Actions Meeting Date Description June 15, 2017 City Council approved the execution and appropriation of $60,444 in grant funds for the Department of Alcoholic Beverage Control Grant Assistance Program. Discussion: The Hermosa Beach Police Department,along with the Manhattan Beach Police Department,is committed to enforcing and educating ABC-licensed establishments of issues associated with alcohol sales.Both agencies are committed to ensuring the safety of their residents and protecting the quality of life in its community.If accepted,HBPD would administer the grant and request reimbursement on behalf of both cities.HBPD would assign a Police Sergeant to oversee operations,which would include the Minor Decoy Program,Shoulder Tap Program,IMPACT Program,and Holiday Enforcement. The Minor Decoy Program is intended to reduce the number of licensees selling alcoholic beverages to minors.The Shoulder Tap Program targets adults that furnish alcoholic beverages to minors. IMPACT (Informed Merchants Preventing Alcohol-Related Crime Tendencies)inspections focus on licensee education.Officers look for loitering,litter,graffiti,posted signs,lack of food service in restaurants,illegal weapons,or other violations.The Holiday Enforcement operations consist of working general undercover and high-profile enforcement targeting underage drinking, sales/furnishing to minors,sales to obviously intoxicated patrons,and other related violations.The dates for the Holiday Enforcement operations include major holidays such as,but not limited to, Halloween,New Year’s Eve,and St.Patrick’s Day,along with NHTSA/OTS AVOID Campaign dates, which aim to reduce youth involved fatal and/or injury crashes. The ABC-OTS Grant Program requires grantees to conduct operations that include the described programs and a press release statement regarding the start and conclusion of some operations.The following are the goals the Hermosa Beach Police Department stated in its Letter of Interest (Attachment 1): ·The Sergeant and/or Officer assigned to the grant detail would attend the one-day training session. ·Staff assigned to grant detail would prepare press releases to announce the start and conclusion of each Minor Decoy and Shoulder Tap Operation. ·The departments would conduct four Minor Decoy Operations and four Shoulder Tap Operations to detect, prosecute, and deter the sale of alcohol to minors. ·The departments would conduct two IMPACT inspections,where officers would visit licensed City of Hermosa Beach Printed on 12/7/2023Page 2 of 4 powered by Legistar™244 Staff Report REPORT 23-0744 ·The departments would conduct two IMPACT inspections,where officers would visit licensed establishments to ensure compliance with ABC regulations and attempt to gain voluntary compliance for observed violations. ·The departments would conduct Holiday Enforcement on Halloween,New Year’s Eve,St. Patrick’s Day,Cinco de Mayo,Memorial Day weekend,and 4th of July,where officers will conduct enforcement targeting underage drinking,sale/furnishing to minors,sales to obviously intoxicated patrons, and other related violations. Staff recommends City Council adopt the proposed resolution authorizing acceptance of $40,000 from the California Department of Alcoholic Beverage Control and to authorize the City Manager,or her designee, to execute all documents related thereto. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Public Safety Element Goal 5. High quality police and fire protection services provided to residents and visitors. Policies: ·5.1 Crime deterrence.Regularly evaluate the incidence of crime and identity and implement measures to deter crime. ·5.2 High level of response.Achieve optimal utilization of allocated public safety resources and provide desired levels of response, staffing, and protection within the community. ·5.5.Crime prevention outreach program.Offer youth programs,recreation opportunities, educational programs, and other services to encourage crime prevention behavior. ·5.7 Collaborate with neighboring jurisdiction.Cooperate and collaborate with neighboring jurisdictions and social services to maximize public safety and emergency services. ·5.9 Police and Fire enforcement grants.Pursue grant funding and other outreach programs to minimize and abate nuisances. Fiscal Impact: The California Department of Alcoholic Beverage Control,Alcohol Policing Partnership Program accepted the Hermosa Beach Police Department’s funding request of $40,000 for operations to reduce alcohol-reducing incidents. If approved,estimated revenue of $40,000 would be added to the Grant Funds and $40,000 would be appropriated in the Grant Fund for the above operations.The project coordinator would track total hours worked by officers in both agencies for these operations and would submit a request for City of Hermosa Beach Printed on 12/7/2023Page 3 of 4 powered by Legistar™245 Staff Report REPORT 23-0744 reimbursement to ABC. Attachments: 1. ABC-OTS Enforcement Grant Letter of Interest 2. Draft Resolution 3. Link to June 15, 2017 City Council Meeting Respectfully Submitted by: Joanne Loeza, Management Analyst Concur: Landon Phillips, Police Captain Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 12/7/2023Page 4 of 4 powered by Legistar™246 247 248 249 250 251 Page 1 of 2 RES NO. 23- CITY OF HERMOSA BEACH RES-23-XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA AUTHORIZING THE ACCEPTANCE OF $40,000 FROM THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, ALCOHOL POLICING PARTNERSHIP PROGRAM WHEREAS, The City of Hermosa Beach desires to reduce alcohol related incidents in Hermosa Beach and inform the businesses in Hermosa Beach through the use of enforcement strategies and educational affairs, and WHEREAS, the opportunities provided to the City of Hermosa Beach by the grant funding through the Department of Alcoholic Beverages (“ABC”) include the support of targeted operations, such as the Minor Decoy and Shoulder Tap programs, IMPACT (Informed Merchants Preventing Alcohol -Related Crime Tendencies) inspections and Holiday Enforcement, and WHEREAS, ABC has offered, and the City of Hermosa Beach desires to accept, Alcoholic Policing Partnership (APP) grant funds from ABC in an amount of Forty-Thousand Dollars ($40,000) in order to fund such enforcement during the October 2023 to August 2024 time period. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Manager, or her designee, is authorized to accept the grant, and to negotiate, enter into, execute, and deliver a State of California Standard Agreement in the amount of forty-thousand dollars ($40,000), and any and all other documents deemed necessary or appropriate to evidence and secure Department of Alcoholic Beverage Control Alcohol Policing Partnership Program grant, the City of Hermosa Beach’s obligation related thereto, and any extensions or amendments thereto. SECTION 2. The grant funds received hereunder shall not be used to supplant expenditures controlled by the City Council and this award is not subject to local hiring freezes. 252 Page 2 of 2 RES NO. 23- SECTION 3. It is agreed that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and ABC disclaim responsibility for any such liability. SECTION 4. The City Clerk shall certify too the adoption of this Resolution, and thenforth and thereafter the same shall be in full force and effect. PASSED, APPROVED, and ADOPTED on this 12th day of December, 2023. Mayor Justin Massey PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla Patrick Donegan City Clerk City Attorney 253 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0730 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH LOS ANGELES CENTERS FOR ALCOHOL AND DRUG ABUSE TO PROVIDE MOBILE MENTAL HEALTH AND CRISIS RESPONSE SERVICES (Deputy City Manager Angela Crespi) Recommended Action: Staff recommends City Council authorize the City Manager to enter into a Professional Services Agreement,attested to by the City Clerk and approved by the City Attorney,with Los Angeles Centers for Alcohol and Drug Abuse to provide mobile mental health and crisis response services for a term beginning December 13,2023 an ending September 29,2024 at a not-to-exceed amount of $787,716 (Attachment 1-Scope of Services and Budget). Executive Summary: With the assistance of United States Representative Ted Lieu,the City of Hermosa Beach secured $1,000,000 in Federal funding to develop a Mobile Crisis Response Pilot Program to provide an evidenced-based response model for mental health and behavior-related calls primarily involving the City's unhoused residents. In order to move forward with the pilot program,and adhere to the grant performance schedule,staff recommends City Council approve a professional services agreement with Los Angeles Centers for Alcohol and Drug Abuse (L.A.CADA)to provide mobile mental health and crisis response services for a term beginning December 13,2023 and ending with the closure of the grant period on September 29,2024.If approved,the agreement would carry a not-to-exceed limit of $787,716 and would be fully covered by the Federal grant with no matching fund requirement. Background: The City of Hermosa Beach is an active partner in a regional approach addressing homelessness. Through the Beach Cities Partnership,unhoused individuals within the City of Hermosa Beach receive consistent and ongoing outreach services aimed at providing them with resources needed to move from their present situation into permanent housing.These services are provided through a beach cities contract with Harbor Interfaith Services. City of Hermosa Beach Printed on 12/7/2023Page 1 of 6 powered by Legistar™254 Staff Report REPORT 23-0730 Based on the January 2022 Greater Los Angeles Homeless Count,the City of Hermosa Beach has a homeless count of approximately 34 individuals.The case managers of Harbor Interfaith Services work very hard to establish a rapport with these individuals and ultimately help them progress through the steps to housing.While each of these individuals have specific hardships,many share the common challenge of dealing with mental illness.To address these issues,Harbor Interfaith Services coordinates with the LA County Department of Mental Health to problem-solve specific individuals experiencing homelessness. While the City’s partner agencies work diligently behind the scenes,the Hermosa Beach Police Department is called upon daily by the community to address non-emergency,non-medical,and non- criminal calls based on community observations and interactions.Not only does a police response divert safety personnel from their primary duties,it does little to address the root cause of the mental health issue behind the call. In an effort to connect individuals with the mental health and crisis stabilization services they need, while reducing calls to the Hermosa Beach Police Department,staff began its efforts to secure funding to pilot a program that would create a two-person mobile response team consisting of one clinically-trained counselor and one licensed emergency medical technician (EMT)or peer supporter. It was staff’s intent to model the program after the successful CAHOOTS Program of Eugene, Oregon and apply modifications to fit the City’s operational and characteristic needs. After reaching out to state and federal elected representatives and submitting requests for community funding,the City was notified in early 2023 that United States Representative Ted Lieu was successful in securing $1,000,000 in Federal funding.The funding was provided to the City specifically for the purpose of engaging and supporting a highly trained and skilled civilian team to respond,instead of the police department,when the calls involve non-emergency and non-medical situations that require mental health services. After receiving notice of funding,City staff worked with the Substance Abuse and Mental Health Services Administration (SAMHSA)to develop a program and budget that meets national guidelines for behavioral health crisis care.In September 2023,the City received its Notice of Award approving the framework of the pilot program and proceeded with its efforts to identify a mental health services provider capable of developing a team and launching services that match the Federally approved pilot program. Past Council Actions Meeting Date Description June 13, 2023 City Council adopted the Fiscal Year 2023-24 Budget including acceptance and appropriation of $1,000,000 in Federal grant funding for the Mobile Mental Health Pilot Project.City of Hermosa Beach Printed on 12/7/2023Page 2 of 6 powered by Legistar™255 Staff Report REPORT 23-0730Meeting Date Description June 13, 2023 City Council adopted the Fiscal Year 2023-24 Budget including acceptance and appropriation of $1,000,000 in Federal grant funding for the Mobile Mental Health Pilot Project. Discussion: Service Provider Identification Having observed other public entities,including the Los Angeles County Department of Mental Health and the San Gabriel Valey Council of Governments,issue request for proposals (RFPs)to solicit a service provider with no success,staff identified that taking the same approach would likely not result in a different result and would be detrimental to the grant performance timeline and delivering services to the community.Instead,the City of Hermosa Beach and the South Bay Cities Council of Governments (SBCCOG)worked collaboratively to identify service partners with experience and capability of providing the mobile mental health program model approved for the Hermosa Beach pilot program. In Orange County,an organization named BeWellOC has great success partnering with a number of cities to deploy mobile response teams.Meetings with BeWellOC to discuss its model and lessons learned proved valuable to increasing the staff team’s collective understanding of providing mobile mental health services.Ultimately,the organization operates under a slightly different staffing model and expressed that it is focused on its services in Orange County and would not be able to explore a Los Angeles County expansion of services at this time. In the City of West Hollywood,its City Council awarded a sole source agreement with Hathaway- Sycamores,a non-profit provider selected by Los Angeles County Mental Health for Service Planning Area (SPA)4 Alternative Crisis Response Services.To explore this option,Hermosa Beach City staff and SBCCOG staff met with both City of West Hollywood and Hathaway-Sycamores staff.After great meetings where programmatic details were shared,staff determined that the operational model offered did not meet the requirements of the City’s federally approved grant funding. After issuing an RFP soliciting a service provider for its mental health and crisis response pilot program and receiving no responses in early 2022,the San Gabriel Valley Council of Governments (SGVCOG)approved a sole source agreement with L.A.CADA.The pilot program launched in July of 2022 and has since expanded to additional cities.The model developed and provided by L.A. CADA and SGVCOG is the same model approved for the City of Hermosa Beach pilot program.In speaking with SGVCOG staff,they are very happy with the services provided by L.A.CADA and its program is becoming a model in Los Angeles County. The final entity contacted regarding the required services was an organization called Brain Health. This entity was selected to contract with Los Angeles County Mental Health for Service Planning Area City of Hermosa Beach Printed on 12/7/2023Page 3 of 6 powered by Legistar™256 Staff Report REPORT 23-0730 This entity was selected to contract with Los Angeles County Mental Health for Service Planning Area (SPA)8 Alternative Crisis Response Services.It is staff’s understanding that,at this time,the program is still in development. Attempts to reach the provider were unsuccessful. Based on staff’s efforts to identify and secure a highly qualified provider capable of quickly mobilizing to provide services to the City of Hermosa Beach Mobile Mental Health and Crisis Response Pilot program within the grant performance period,only one provider was deemed qualified.Therefore,in accordance with Hermosa Beach Municipal Code (HBMC)Chapter 3.12.070 staff recommends dispensing with formal bidding procedures and negotiating a sole source agreement with L.A. CADA. L.A.CADA is a substance use and behavioral treatment provider licensed and certified by the State of California Department of Health Care Services and the County of Los Angeles Department of Public Health-Substance Abuse Prevention and Control.The Agency treats persons with both addiction and behavioral problems by providing client-centered,trauma-informed,and recovery- oriented services across a wide continuum of care and treatment,including outpatient,intensive outpatient,and residential programs.In addition to working with SGVCOG,L.A.CADA successfully worked with the City of Alhambra to implement a crisis response pilot to complement existing robust outreach and engagement efforts to improve outcomes for persons experiencing homelessness in the community.L.A.CADA has successfully connected clients in the City of Alhambra to the appropriate interim and permanent housing solutions to support the City’s homeless services system. Hermosa Beach Pilot Program The $1,000,000 grant funding would be allocated in the following manner-$867,000 for contractual services;$112,000 for patient care;and approximately $24,000 for supplies and administration.The item for Council consideration at this time is authorization to enter into a professional services agreement with Los Angeles Centers for Alcohol and Drug Abuse to provide mobile mental health and crisis response services through the City’s Mobile Mental Health Pilot Project. If approved,the City of Hermosa Beach and L.A.CADA would work cooperatively to create two- person mobile response teams consisting of one clinically-trained counselor and one licensed emergency medical technician (EMT)or peer supporter and to launch a pilot program that would divert mental health and crisis calls originating either through the 911 system or the non-emergency police department line.The calls would be routed to the alternate response model consisting of a civilian team trained and equipped to de-escalate situations and work in cooperation with various service partners including the Hermosa Beach Police Department,Los Angeles County Fire Department,Harbor Interfaith Services,Beach Cities Health District,and Los Angeles County Mental Health. The calls eligible for diversion and alternate response would include non-medical,non-criminal,and non-safety calls such as mental health related public assists;welfare checks;and mental healthCity of Hermosa Beach Printed on 12/7/2023Page 4 of 6 powered by Legistar™257 Staff Report REPORT 23-0730 non-safety calls such as mental health related public assists;welfare checks;and mental health transports.The program would deliver onsite mental health services and basic first aid.The mobile team would be trained to provide de-escalation and crisis stabilization services,mental health education,mental health treatment referrals,and follow-up support and wellness checks.For the City’s unhoused population, the services would support existing efforts. The LA County Department of Mental Health is currently in the process of developing program requirements for their expanded Psychiatric Mobile Response Teams (PMRT)and guidance for city- based programs.The program requirements would follow the National Guidelines for Behavioral Health Crisis Care by the Substance Abuse and Mental Health Services Administration (SAMHSA).In developing the pilot program,staff would take care to follow both Los Angeles County and SAMHSA guidance so that the pilot program may have the best opportunity for success and so that in the future it may be scaled and duplicated to address mental health and homelessness in the region. The South Bay Cities Council of Government and the Beach Cities Health District are interested in assisting the South Bay region in development of a standing program for mobile mental health response.To aid in those efforts,the City would evaluate the pilot program’s effectiveness in reducing demand for police services and securing help for people experiencing homelessness to determine whether the model can be used more widely to address mental health issues and homelessness in the region. If approved,City staff would finalize programmatic and contract details with L.A.CADA under the guidance and approval of Substance Abuse and Mental Health Services Administration (SAMHSA). Upon execution of the contract,L.A.CADA would begin its recruitment and hiring process with a goal of launching services in February 2024.Services under the pilot project may continue until the grant performance end date of September 29, 2024. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Governance Element Goal 4. A leader and partner in the region. Policy: ·4.1 Regional governance.Play an active role in the South Bay Cities Council of Governments,the Southern California Association of Governments and other regional agencies to protect and promote the interests of the City. Public Safety Element Goal 5. High quality police and fire protection services provided to residents and visitors. City of Hermosa Beach Printed on 12/7/2023Page 5 of 6 powered by Legistar™258 Staff Report REPORT 23-0730 Policy: ·5.2 High level of response.Achieve optimal utilization of allocated public safety resources and provide desired levels of response, staffing, and protection within the community. Fiscal Impact: The City Council approved the acceptance and appropriation of $1,000,000 of Federal grant funds for the Hermosa Beach Mobile Mental Health and Crisis Response program in Fiscal Year 2023-24. Approximately $800,000 of the awarded grant funds were allocated for a contractual service provider. To quickly operationalize the program and facilitate start-up expenses to secure vehicles and hiring staff,the City would allow an up-front transfer of $100,000 to L.A.CADA,which would be drawn down by invoice in accordance with contract terms.The City would receive reimbursement for approved program costs by submitting the required paperwork to Substance Abuse and Mental Health Services Administration (SAMHSA) as the administering Federal agency. Agreement Request Request Amount FY 2023-24 Budget Dept. Account #Total Contract Amount $787,716 150-1201-4201 $787,716 Attachments: 1.Scope of Services and Budget Proposal 2.Link to June 13, 2023 City Council Staff Report Respectfully Submitted by: Angela Crespi, Deputy City Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 12/7/2023Page 6 of 6 powered by Legistar™259 L.A. CADA PROPOSAL FOR CITY OF HERMOSA BEACH MOBILE MENTAL HEALTH CRISIS RESPONSE TEAM PILOT PROGRAM – 2024 EXHIBIT A – SCOPE OF SERVICES Page 1 of 10 Description of Services L.A. CADA will provide provide an evidenced-based response model for mental health and behavior-related calls primarily involving the City's unhoused residents. The pilot program will serve individuals within the City of Hermosa Beach and will be limited to calls within the City’s geographic limits, encompassing 1.4 square miles but lessons learned and data will serve to inform future Mobile Crisis Outreach Teams (MCOTs) in the SPA 8 region. Services will include, but are not limited to: 1. Welfare checks; 2. Basic immediate needs such as water, food, and clothing; 3. Triage, screening, and assessment; 4. Emotional support; 5. Crisis intervention and de-escalation; 6. Risk assessment; 7. Risk of harm to self (e.g. eating disorders, non-compliance with taking medications); 8. Suicide prevention and intervention; 9. Psycho-social support; 10. Peer support services; 11. Referral to local area resources including coordination with medical and behavioral health services and homeless services providers and resources, including housing assistance referrals; 12. Priority access to L.A. CADA’s substance use disorder treatment programs based on the level of acuity/level of care according to the American Society for Addition Medicine (ASAM) assessment. Placement at L.A. CADA treatment facilities cannot be guaranteed. If treatment beds are not available at the time, L.A. CADA will make appropriate referrals and/or service connections to other providers; and 13. Mental health follow-ups and other program requirements will be provided according to Guidelines for Behavioral Health Crisis Care by the Substance Abuse Mental Health Services Administration (SAMHSA). The calls eligible for diversion and alternate response will include non-medical, non-criminal, and non-safety calls such as mental health related public assists; welfare checks; and mental health transports. It is the intent of the program to be able to deliver onsite mental health services and to place patients on an emergency 72- hour (5150) hold, if necessary, without the response or support by law enforcement, fire department, or emergency medical services. This will serve the goal of reducing over-utilization of City resources, especially for non-emergency repeated consumers of services. Placement on 5150 holds will only be made upon assessment and recommendation by a Lanterman-Petris-Short (LPS) designated clinician. However, one of the goals of this program is ultimately to avoid having to place patients on 5150 holds if at all possible. The program will divert mental health and crisis calls originating either through the 911 system or the non-emergency line of the Hermosa Beach Police Department. The calls will be routed either by mobile phone or radio to the civilian alternate response team. L.A. CADA and the City will collaborate to develop specific policies, procedures, and protocols 260 L.A. CADA PROPOSAL FOR CITY OF HERMOSA BEACH MOBILE MENTAL HEALTH CRISIS RESPONSE TEAM PILOT PROGRAM – 2024 EXHIBIT A – SCOPE OF SERVICES Page 2 of 10 governing the all aspects of the alternative crisis response program, including, but not limited to, dispatch protocols, exclusionary criteria, etc. These program policies and procedures will be agreed- upon by all Parties and, once finalized, will become part of the Professional Services Agreement executed thereafter. L.A. CADA will also provide follow-up services, in coordination with partner agencies. These could include recommendations for utilizing the MCOT during time periods in which the team is not responding to calls. L.A. CADA will develop policies, procedures, and protocols, and will execute Memoranda of Understanding as necessary, with partner agencies, including but not limited to County departments and service providers, to ensure call follow-up. Policies and procedures for follow-up at the following levels should be included: 1. Short Term Follow Up: Offered to individuals at high risk (i.e., a caller with thoughts of self-harm, has an actual plan and does not meet criteria for an emergency rescue). The follow-up or call is made within 24 hours after the initial call. 2. Standard Follow Up: Offered to high risk individuals (i.e., a caller that has thoughts of self- harm, but has recent hospitalizations and exposure to trauma). The follow-up call or calls are made 1-3 days after the initial crisis call. 3. Extended Follow Up: Offered to individuals who are high risk and/or who have received standard follow-up care and need continued assistance (e.g. developing a safety plan and/or connecting to resources). The follow-up calls are made 1 week after the last call. L.A. CADA will assist the City in ensuring that the program follows both Los Angeles County and SAMHSA guidance so that the pilot program may have the best opportunity for success and so that in the future it may be scaled and duplicated to address mental health and homelessness in our region. It is the intent of L.A. CADA and the City that the pilot program will also be structured in a manner that would position the program to qualify for Medi-Cal, Medicare, or private insurance reimbursement, subject to all the approvals, licensure, certifications, and/or accreditations necessary to achieve such qualification. It is understood that funding of the program via Medi-Cal, Medicare, or private insurance reimbursement is not guaranteed. L.A. CADA will work with Harbor Interfaith to identify and serve those individuals who have the greatest needs in a responsive way. L.A. CADA will work collaboratively among multiple stakeholders, including City staff, CES providers, and SPA8 providers, and the South Bay Cities Council of Governments to coordinate and leverage homeless services, provide more comprehensive coverage, and identify all target individuals. To the extent possible, L.A. CADA will have the ability to connect with the Los Angeles County Coordinated Entry System, Electronic Health Record (EHR) System or other centralized and secure data collection portal. It is the intent of L.A. CADA to leverage Measure H, County, or other funding and relationships (to the extent they are available to L.A. CADA) for motel vouchers, rapid re-housing, supportive services, crisis, and bridge housing, interim housing, permanent housing, and other service categories. 261 L.A. CADA PROPOSAL FOR CITY OF HERMOSA BEACH MOBILE MENTAL HEALTH CRISIS RESPONSE TEAM PILOT PROGRAM – 2024 EXHIBIT A – SCOPE OF SERVICES Page 3 of 10 In addition to English, L.A. CADA will make its best effort to provide services to clients in Spanish, Vietnamese, Korean, and Chinese (Mandarin and Cantonese), subject to availability of qualified staff. Once selected, L.A. CADA will work to assist with community education and outreach or communication with City leadership or governing bodies, as necessary. This Scope of Services includes the minimum work to be accomplished. Once selected, this Scope of Services may be modified and refined during negotiations with the City. Teams and Operations The Hermosa Beach Mobile Crisis Outreach Teams (MCOTs) will provide services with two teams. ● Team 1: o The City Hermosa Beach • Monday – Thursday, 9:00 AM – 8:00 PM ● Team 2: o The City of Hermosa Beach • Saturday – Tuesday, 11:00 AM – 10:00 PM Team 1 will consist of at least a 1.0 FTE licensed eligible behavioral health clinician (regulated by the California Board of Behavioral Sciences), a 1.0 FTE culturally sensitive Peer Support Specialist/EMT, a 0.5 FTE Substance Use Disorder Counselor, and 0.5 FTE Case Manager. Team 2 will consist of at least a 1.0 FTE licensed eligible behavioral health clinician (regulated by the California Board of Behavioral Sciences), a 1.0 FTE culturally sensitive Peer Support Specialist/EMT, a 0.5 FTE Substance Use Disorder Counselor, and a 0.5 FTE Case Manager. The above-listed hours of operation for Teams 1 and 2 are merely illustrative and are subject to further negotiation and flexibility according to the needs of the City and L.A. CADA. Each MCOT will deliver services using vehicles equipped with the necessary supplies to operate the program and provide basic needs assistance for clients. The assigned vehicles will provide a safe space to sit with, talk to, and provide care for clients and the necessary supplies to provide the care services required by the program, including basic needs provisions, personal protective equipment, and basic first aid supplies. L.A. CADA understands that it is responsible for all operational and maintenance costs of the vehicles. The vehicles will include basic provisions to support clients and a safe clean space to sit with, talk to, and provide transport for compliant clients. Vehicles will be available to the program during agreed-upon hours of operation. For clients who need additional services, the MCOTs can use the assigned vehicle to transport clients directly to a licensed facility, other service provider, or family residence. MCOT staff will provide a warm hand-off to needed community service providers in close proximity to the client's desired location. L.A. CADA understands that direct communication with providers may include a 262 L.A. CADA PROPOSAL FOR CITY OF HERMOSA BEACH MOBILE MENTAL HEALTH CRISIS RESPONSE TEAM PILOT PROGRAM – 2024 EXHIBIT A – SCOPE OF SERVICES Page 4 of 10 conference call to arrange follow- up crisis support and an appointment for client follow-up support (as needed). Each client will be made aware of and asked to sign informed consent to the follow-up arrangement. As part of the implementation plan, L.A. CADA shall work with the participating cities to develop approaches to balance MCOT’s services within a city and transport of clients to other locations. Final program plans addressing confidentiality, participant protection, and adverse events and final forms such as consent forms will be agreed upon by the City and L.A. CADA. Project Data L.A. CADA will assist the City in gathering and monitoring performance data for the purpose of measuring ongoing performance and project outcomes. L.A. CADA will be available for weekly meetings during the first month of the program and then monthly thereafter. The meetings will be held to coordinate and troubleshoot the delivery of services offered through the program. The selected provider shall provide monthly reports with data outlining clients served and the types of services provided. Information to be included in the monthly reports includes, but is not limited to, the following: 1. Number of individuals engaged; 2. Number of street outreach contacts; 3. Percentage of individuals engaged who are placed into interim housing; 4. Percentage of individuals engaged who are referred to and placed into permanent housing; 5. Number of referrals to support services; 6. Percentage of individuals engaged who access one or more supportive services; and 7. Overall improvements in physical health, mental health, and substance use of the individuals served. Other data as requested may be included in the monthly reports. It is understood that the above- listed types of information and data that may be included in the required reports is subject to further negotiation and agreement between L.A. CADA and the City. Project Goals/Objectives Goal 1: Decrease the number of unduplicated individuals experiencing homelessness in Hermosa Beach from 34 to 0 • Objective 1.1: Ensure that all 34 unduplicated participants are offered mobile mental health and crisis response services, relative to their specific presenting problem or crisis, either by call for response or proactive contact, during the project performance period. • Objective 1.2: Regardless of insurance coverage or ability to pay, ensure that all 34 unduplicated participants are assessed and offered and/or connected to immediate mental health and crisis stabilization services until connection to ongoing social 263 L.A. CADA PROPOSAL FOR CITY OF HERMOSA BEACH MOBILE MENTAL HEALTH CRISIS RESPONSE TEAM PILOT PROGRAM – 2024 EXHIBIT A – SCOPE OF SERVICES Page 5 of 10 services are secured. • Objective 1.3: Provide follow-up with all service recipients within 24 hours for individuals classified as high risk and within three days for all other individuals. • Objective 1.4: Provide follow-up to all service recipients within one week to ensure proper connection to, and encourage, acceptance of after care and ongoing social and medical services. Goal 2: Establish an alternate response model that safely diverts the estimated 25% of annual qualified non-medical, non-criminal, and non-safety mental health and crisis calls from the Hermosa Beach Police Department to a mobile mental health and crisis response team. • Objective 2.1: Provide a response time that meets or exceeds the Hermosa Beach Police Department average response time for all diverted mobile mental health and crisis calls. • Objective 2.2: Ensure that the Mobile Crisis Response Pilot Program team reports feeling completely safe or is able to rapidly obtain the support of Hermosa Beach Police Department on all calls for service. • Objective 2.3: Ensure that all individuals receiving services related to the project during the project performance period report are being satisfied with the services received. • Objective 2.3: Ensure that all third parties initiating services related to the project during the project performance period report are being satisfied with the services received. Notwithstanding the above-referenced goals and objectives, it is understood that the purpose of this program and proposal is to provide alternative crisis responses in the form of Hermosa Beach MCOTs. The goals and objectives of this program, including but not limited to, the provision of homeless services, is subject to further negotiation and agreement between L.A. CADA and the City. Schedule of Work The contract is expected to be executed in December 2023, with services starting in February 2024. The project will end on September 29, 2024. Contract Type and Compensation The compensation for the work identified in this Scope of Services will be as follows: • Labor Costs will be invoiced on a flat-rate basis provided that the relevant positions is filled. The invoiced amounts for labor will be based on the specific budgeted rates for each position, 264 L.A. CADA PROPOSAL FOR CITY OF HERMOSA BEACH MOBILE MENTAL HEALTH CRISIS RESPONSE TEAM PILOT PROGRAM – 2024 EXHIBIT A – SCOPE OF SERVICES Page 6 of 10 as agreed-upon by L.A. CADA and the City, and as reflected in the attached Budget, Exhibit B. • Operational Costs (i.e., Direct Costs) will be compensated on a time and materials (cost reimbursement) basis, according to monthly invoicing that reflects the actual costs incurred for these expenditures. The final Professional Services Agreement will reflect these compensation terms and will be based on a monthly not-to-exceed amount, as agreed upon by the City and L.A. CADA and reflected in the attached Budget, Exhibit B. Staffing Pattern Program/Site Manager. This position is 50% FTE. Program Supervisor. This position is 25% FTE. Case Manager. This position is 75% FTE. Administrative/Reporting. This position is 50% FTE. Two (2) Mental Health Clinicians. Each position is 100% FTE. Two (2) Peer Support/EMT. Each position is 100% FTE. SUD Counselor. This position is 100% FTE. Staffing vacancies will be filled within a reasonable timeframe, subject to further negotiation and agreement between L.A. CADA and the City. Staff will be professionally trained in the delivery of trauma-informed, person-centered, and culturally responsive care using evidence-based practices endorsed by the National Alliance to End Homelessness, SAMHSA, the Centers for Disease Control and Prevention (CDC), and the National Alliance on Mental Illness (NAMI). Organization Qualifications, Related Experience, References Los Angeles Centers for Alcohol and Drug Abuse (L.A. CADA) is a nonprofit 501(c)3 behavioral healthcare provider established in 1971 to serve Los Angeles County. Our mission is to save lives, unite families, and protect the community by providing access to non-profit, evidence-based behavioral services that address the needs of vulnerable and disadvantaged populations. L.A. CADA is a BIPOC-led nonprofit agency (Black, Indigenous, People of Color) dedicated to equity for and BIPOC leadership by the marginalized communities we serve. We ground our services in social justice, healthcare equity, and adherence to CLAS National Standards for Culturally and Linguistically Appropriate Services in Health and Health Care, working to promote cultural humility into all agency services. L.A. CADA's service system is trauma-informed on every level. As a local agency, we have expertise in local homeless and frequently related behavioral health issues. 265 L.A. CADA PROPOSAL FOR CITY OF HERMOSA BEACH MOBILE MENTAL HEALTH CRISIS RESPONSE TEAM PILOT PROGRAM – 2024 EXHIBIT A – SCOPE OF SERVICES Page 7 of 10 The key to L.A. CADA’s homeless services approach is the utilization of non-judgmental, trauma informed, recovery-oriented, and culturally/linguistically-appropriate multi-disciplinary teams. Our teams include Outreach Workers, Mental Health Clinicians, Case Managers, and skilled medical personnel. Together, they have the skills needed to engage and screen homeless individuals, and link them to critical services for targeted and intensive care coordination. Service linkage for this project will include priority placement in L.A. CADA’s extensive continuum of care: emergency housing beds, transitional housing beds, supportive services, including linkage to health care, permanent housing, and workforce development services. As noted, L.A. CADA staff will use the evidence-based practices required to provide the highest quality and most effective response for homeless residents with behavioral health issues. The EBPs or elements of the EBPs to be used in this program are: ● Motivational Interviewing ● Eight Principles of Harm Reduction ● Principles of Trauma-Informed Care ● Intensive Case Management ● Housing First I Low Barrier Access ● LGBTQ+-Affirming and LGBTQ+ Sensitive Care ● Cognitive Behavioral Therapy ● Assertive Community Treatment ● Risk-Need-Responsivity model for offender assessment and rehabilitation ● Relapse Prevention Therapy ● 12 Step Facilitation Therapy ● CLAS National Standards for Culturally and Linguistically Appropriate Services in Health and Healthcare ● Medication Assisted Treatment for Opioid Use Disorder ● Peer Recovery Support L.A. CADA’s broad continuum of evidence-based care for homeless services and alcohol, drug, and mental health disorders includes: • 232 state-licensed residential treatment beds • 16 state-licensed residential beds for mental health crisis stabilization • 244 Recovery Bridge Housing (RBH) beds for the homeless (including 45 beds in LGBTQ+ Affirming or exclusive programs; 32 beds co-located in the Los Angeles Mission on Skid Row; and 71 RBH beds in the San Gabriel Valley) • Over 500 state-certified outpatient slots • Jail-based treatment in Men’s Central Jail • Court-based treatment referral and navigation (Alhambra, Pasadena, Bellflower, Downey, Long Beach, Norwalk, and East L.A. Municipal Courts, as well as L.A.’s “Rainbow” Court, the nation’s only LGBTQ+ Affirming Community Collaborative Court) • School-based treatment in El Rancho School District and Whittier Unified School District 266 L.A. CADA PROPOSAL FOR CITY OF HERMOSA BEACH MOBILE MENTAL HEALTH CRISIS RESPONSE TEAM PILOT PROGRAM – 2024 EXHIBIT A – SCOPE OF SERVICES Page 8 of 10 We are headquartered in SPA 7 and our program facilities are located in Alhambra, Pasadena, Altadena, Bellflower, Pico Rivera Santa Fe Springs, South Gate, Whittier, downtown Los Angeles, East Los Angeles, Hollywood, and Long Beach – with new facilities continuously in development. We employ a diverse staff of over 500 multidisciplinary behavioral healthcare workers. Agency employees include: addiction specialist M.D.s; physicians; psychiatrists; Nurse Practitioners; RNs; and LVNs; state licensed clinical therapists; registered SUD counselors; navigators/case managers; as well as dedicated peer mentors with lived recovery experience, and program support staff. Related Experience L.A. CADA has been a part of Los Angeles County’s Specialty Substance Use Disorder Treatment System operated within the Department of Public Health since the mid 1980’s. We are a major provider of L.A. County homeless treatment beds for adults with alcohol, drug, and mental health disorders, as well as the largest provider of Recovery Bridge Housing (RBH) for the homeless in Los Angeles County. L.A. CADA is the L.A. County Service Planning Area (SPA) 7 provider for Community Engagement and Navigation Services (CENS), delivering needs assessment and service navigation for local residents, including the homeless. All L.A. CADA programs work closely with the L.A. County Coordinated Entry System (CES) for the homeless in the Service Planning Areas (SPAs) that L.A. CADA serves (SPAs 3; 4; 6; 7; and 8). Our agency is a CES Access Point in SPA 7. We have been awarded two contracts to provide Interim Bridge Housing programs in the cities of Hawthorne and Montebello. (Tiny Homes) L.A. CADA is currently contracted with the San Gabriel Valley Council of Governments for a similar Alternative Crisis Response program which launched over 12 months ago. Currently, the is one full-time team servicing a cohort including the cities of South Pasadena, San Marino, and Arcadia. Additionally, a full-time team in the city of La Verne which came online December 2023. The services provided are similar in scope to what is outlined in this proposal. We deliver similar homeless outreach services for the Alhambra Homeless Outreach Mental Evaluation Team – the Home Team and Homeless outreach for the cities of Hawthorne, West Covina, Glendora, Arcadia, San Dimas, and Rosemeade. L.A. CADA outreach workers provide street outreach, needs assessment, and service navigation for homeless residents many of whom have behavioral health issues. The project is part of our agency’s 50-year history in the delivery of services addressing community homelessness and behavioral health disorders. L.A. CADA also understands that the ethnic breakdown, in our service areas, of homeless people was 02% Asian, 33% Black, 48% Latinx; 01% Pacific Islander; 15% White; and 02% mixed race. 2 This indicates strong need for the culturally responsive services provided by L.A. CADA. We know that 81% of the homeless here identified as heterosexual, with the rest identifying as either gay or lesbian (02%), bisexual (03%) or nonconforming (14%). This indicates need for LGBTQ+ Affirming Recovery Bridge Housing provided by L.A. CADA. Our HIV prevention and testing services may also be needed as the number of homeless people who self-report they are HIV-positive or have AIDS has jumped 40% in 2020 numbers. Approximately 07% of the homeless in our service areas self-report substance use issues and 26% reported mental health issues, indicating need for a homeless services provider that is addiction treatment and co-occurring disorders-capable. L.A. 267 L.A. CADA PROPOSAL FOR CITY OF HERMOSA BEACH MOBILE MENTAL HEALTH CRISIS RESPONSE TEAM PILOT PROGRAM – 2024 EXHIBIT A – SCOPE OF SERVICES Page 9 of 10 CADA recognizes that not all homeless people are willing to self-report substance use and mental health issues to strangers, therefore the number of people with these issues may be an undercount. Another similar L.A. CADA project that conducts homeless services is the Priority Access Diversion Program in Long Beach. This project is a collaboration between the Long Beach City Prosecutor, the Long Beach Department of Public Health, the Los Angeles Public Defenders Office, and L.A. CADA. Our agency identifies homeless defendants at highest risk in Long Beach. In lieu of continued criminal prosecution for violations common to the homeless (loitering, vagrancy, trespassing, possession of controlled substances or paraphernalia, failures to appear, etc.), L.A. CADA is asked to intervene before or at the time of arraignment. We offer defendants whole person care with priority placement in our treatment programs, housing, or both. As this project proceeds in its fourth full year, L.A. CADA and the City of Long Beach are working to the greatest extent possible to deliver these services pre-arrest or pre-indictment. All participants are homeless with multiple prior criminal convictions. L.A. CADA’s experience and expertise with homeless persons involved in the criminal justice system is an innovative asset to Supplement to Existing Homeless Services Program. In all of these projects, L.A. CADA has a demonstrated track record for meeting contractual budgets, scope, and schedule. CES and Care Coordination L.A. CADA is a long- time participant in the L.A. County Coordinated Entry System as 95% of its residential treatment clients are homeless at service intake. As noted, L.A. CADA is a CES Access Point in Service Planning Area (SPA) 7. L.A. CADA is familiar with CES procedures/resources, including the CES Triage Tool and the Vulnerability Index Service Prioritization Decision Assistance Tool (VI-SPDAT), as well as CES reporting requirements. For the proposed project, L.A. CADA will designate staff to attend SPA 3 and SPA 7 CES meetings and will work closely with local Access Centers and Access Points to process referrals of homeless individuals in need of project services. These agencies will include Union Station Homeless Services (serving adults) and Sycamores (serving TAY). L.A. CADA will facilitate warm hand-offs for homeless residents via L.A. CADA assigned vehicles and driver, providing transportation to housing and other needed resources ensured through formal Memorandum of Understanding (MOU) that L.A. CADA will put in place with community partners. The program will also refer clients, and where appropriate, provide transport to local Behavioral Health Urgent Care Centers (BHUCC), including AMET in Alhambra and Montebello MT in Montebello, Stars Behavioral Health Group BHUCC in Industry, the LA County Community Mental Health Urgent Care Center in Sylmar, as well as to L.A. CADA 24/7 behavioral health resources. When additional Behavioral Health Urgent Care Centers are established in SPA 3, these too will be engaged as a referral partner. L.A. CADA references for this project are: 1. Alhambra City Manager, Jessica Binnquist 111 S First Street, Alhambra, CA 91801 jbinnquist@cityofalhambra.org Phone: 626-570-5010 268 L.A. CADA PROPOSAL FOR CITY OF HERMOSA BEACH MOBILE MENTAL HEALTH CRISIS RESPONSE TEAM PILOT PROGRAM – 2024 EXHIBIT A – SCOPE OF SERVICES Page 10 of 10 2. Long Beach City Prosecutor, Doug Haubert 411 W. Ocean Blvd. 8th Floor, Long Beach, CA 90802 prosecutor@longbeach.gov (562) 570-5600 3. Nancy Chand, Deputy In-Charge, L.A. County Department of Mental Health 210 W. Temple Street, 19th Floor Los Angeles, CA 90012 (213) 974-2839 NRichards@pubdef.lacounty.gov 4. Alhambra City Manager, Jessica Binnquist 111 S First Street, Alhambra, CA 91801 jbinnquist@cityofalhambra.org Phone: 626-570-5010 5. Long Beach City Prosecutor, Doug Haubert 411 W. Ocean Blvd. 8th Floor, Long Beach, CA 90802 prosecutor@longbeach.gov (562) 570-5600 7. Dr. Gary Tsai, Director L.A. County Substance Abuse Prevention and Control (SAPC) 1000 South Fremont Ave, Building A-9 East, 3rd Floor, Alhambra, CA 91803 (626) 299-4101 GTsai@ph.lacounty.gov 8. Steve Abramson, Chief Operations Officer, ChapCare (FQHC) 455 W. Montana St. Pasadena, CA 91103 (626) 993-1207 sabramson@chapcare.org 9. Troy Vaughn, President / CEO Los Angeles Mission 303 5th Street, Los Angeles, CA 90013 (213) 629-1227 TVaughn@lamission.net 10. Constance Gilkie, Executive Director & Founder Transformational Living Homes P.O. Box 40045, Long Beach, CA 90804 (562) 673-9214 transforminglives2007@yahoo.com 269 Total Hours Cost Total Hours Cost Total Hours Cost Total Hours Cost Total Hours Cost Hours Cost Program / Site Manager $50.64 208 $10,533.12 208 $10,533.12 208 $10,533.12 208 $10,533.12 208 $10,533.12 1,040 $52,665.60 Program Supervisor $89.10 $0.00 $0.00 520 $46,332.00 $0.00 $0.00 520 $46,332.00 Case Manager $30.59 312 $9,544.08 312 $9,544.08 312 $9,544.08 312 $9,544.08 312 $9,544.08 1,560 $47,720.40 Mental Health Clinician $49.50 $0.00 $0.00 $0.00 1560 $77,220.00 $0.00 1,560 $77,220.00 Mental Health Clinician $49.50 $0.00 $0.00 $0.00 1560 $77,220.00 $0.00 1,560 $77,220.00 SUD Counselor $35.20 $0.00 $0.00 $0.00 1560 $54,912.00 $0.00 1,560 $54,912.00 Peer Support / EMT $26.46 $0.00 $0.00 $0.00 1560 $41,277.60 $0.00 1,560 $41,277.60 Peer Support / EMT $26.46 $0.00 $0.00 $0.00 1560 $41,277.60 $0.00 1,560 $41,277.60 Quality Control $29.70 $0.00 $0.00 $0.00 780 $23,166.00 $0.00 780 $23,166.00 - $0.00 Fringe Benefit 25%$5,019.30 $5,019.30 $16,602.30 $83,787.60 $5,019.30 - $115,447.80 PROVIDER TOTAL 520 $25,096.50 520 $25,096.50 1040 $83,011.50 9100 $418,938.00 520 $25,096.50 11700 $577,239.00 [SUBCONTRACTOR]$0.00 $0.00 $0.00 $0.00 $0.00 - $0.00 [SUBCONTRACTOR]$0.00 $0.00 $0.00 $0.00 $0.00 - $0.00 [SUBCONTRACTOR]$0.00 $0.00 $0.00 $0.00 $0.00 - $0.00 SUBCONTRACTOR TOTAL 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 0 $0.00 STAFFING TOTAL 520 $25,096.50 520 $25,096.50 1040 $83,011.50 9100 $418,938.00 520 $25,096.50 11700 $577,239.00 TIMELINE Direct Costs Program Supplies (Narcan, PPE)$33,000.00 $33,000.00 Office Supplies $6,666.67 $6,666.67 Maintenance Supplies $16,666.67 $16,666.67 Clients Food Costs $7,200.00 $7,200.00 Lease Vehicles $21,000.00 $21,000.00 Downpayment for Vehicles $4,000.00 $4,000.00 Early Termination Fees for Vehicles $6,000.00 $6,000.00 Gasoline and small repair for vehicles $8,280.00 $8,280.00 Cell phone, Ipad and Laptops $2,950.00 $2,950.00 Monthly Service for cell phone, Ipad $2,250.00 $2,250.00 Medical Supplies $10,000.00 $10,000.00 Liability Insurance $8,065.12 $8,065.12 Indirect Costs 12% Approved NICR $3,011.58 $3,011.58 $25,090.79 $50,272.56 $3,011.58 $84,398.09 DIRECT COSTS TOTAL $3,011.58 $3,011.58 $151,169.25 $50,272.56 $3,011.58 $210,476.55 PROJECT TOTAL 520 $28,108.08 520 $28,108.08 1040 $234,180.75 9100 $469,210.56 520 $28,108.08 11700 $787,715.55 9 months Hermosa Beach ACR - 9 Months Budget Exhibit B - Budget Proposal XX-XX XX-XX STAFFING TOTAL (9 months)Task 2.1 Site Preparation Task 2.2 Site Operation Task 2.3 Closure of Site and Transition of Current Residents XX-XX Task 1.1 Project Management Task 1.2 Plan Development & Staff Onboarding Hourly Rate* XX - XX XX-XX 270 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0696 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 REQUEST FOR A ZONE TEXT AMENDMENT (ZTA 23-05) AND ORDINANCE TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE CLARIFYING THE CITY’S REGULATION OF ADVERTISEMENT OF SHORT-TERM VACATION RENTALS IN ALL ZONES AND A DETERMINATION THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (Carrie Tai Community Development Director) Recommended Action: Staff recommends City Council: 1.Introduce by title only and waive first reading of an ordinance of the City of Hermosa Beach, California approving a Zone Text Amendment (ZTA 23-05),to amend portions of Title 17 of the Hermosa Beach Municipal Code clarifying the City’s regulation of advertisement of Short-Term Vacation Rentals (STVRs)in all zones,and determine the ordinance is exempt from the California Environmental Quality Act (CEQA)(Attachment 1); and 2.Direct the City Clerk to publish a summary ordinance. Executive Summary: The City of Hermosa Beach currently regulates short-term vacation rentals (STVRs)through the Hermosa Beach Municipal Code Title 17,as well as through the City’s Short-Term Vacation Rental Pilot Program.At its May 24,2016 meeting,City Council adopted an ordinance regulating the advertisement of STVRs in all zones in the City.Identifying the need to clarify advertisement of STVRs more precisely,staff recommends City Council consider adoption of an ordinance providing a modified definition and an update to reflect modern advertisement methods.At its November 13, 2023 meeting,the Planning Commission recommended City Council adopt the Zone Text Amendment as drafted by staff. Background: A short-term vacation rental is the rental of a dwelling unit,or a portion of a dwelling,for compensation by way of a rental agreement,lease,license,or any other means,whether oral or written to a person or group of persons for temporary overnight accommodations for a period of less than 30 consecutive days. City of Hermosa Beach Printed on 12/7/2023Page 1 of 8 powered by Legistar™271 Staff Report REPORT 23-0696 At its May 24,2016 meeting,City Council adopted Ordinance 16-1365 amending Sections 17.08.015, 17.10.015,17.12.015,17.14.015,17.16.015,17.18.025,17.20.015,and 17.42.180 of the Hermosa Beach Municipal Code (HBMC)to expressly prohibit the rental or advertisement of a rental less than 30 days in all residential zones. At its October 10,2019 meeting,City Council adopted Ordinance No.19-1395,instituting a two-year pilot program to allow STVRs in most commercial zones with nonconforming residential uses.The pilot program,known as the Short-Term Vacation Rental Pilot Program,was implemented to investigate the benefits of allowing rentals less than 30 days in the City’s commercial zones.The pilot program maintained existing regulations prohibiting the advertisement of STVRs not permitted through the pilot program. At its December 14,2021 meeting,City Council adopted Ordinance 21-1440 to extend the pilot program an additional two years,with revisions to clarify existing requirements.Revisions included adding referenced municipal code sections and title and updating formatting to make it easier to read. The ordinance established a new expiration date of October 24, 2023. At its September 26,2023 meeting,City Council adopted Ordinance 23-1468 (Attachment 4)to extend the pilot program another two years,and further clarify permitting requirements.The ordinance made no change to existing language concerning prohibited advertisement of STVRs. Recent legal challenges have revealed arguments relying on the nuances of the websites posting STVRs and casting ambiguity on whether these specific website features qualified as an advertisement.Further,some posts have contradictory information (i.e.,one passage indicating no rentals for less than 30 days,other features indicating rentals for less than 30 days).To minimize future disputes or attempts to circumvent the City’s STVR advertising regulations,staff brought Zoning Text Amendment (ZTA 23-05) forward to the Planning Commission for its consideration. At its November 13,2023 meeting,the Planning Commission adopted Planning Commission Resolution 23-23 (Attachment 2)recommending City Council approve minor text changes to clarify the City’s regulation of advertisements for STVRs in all zones. Past Board, Commission, and Council Actions Meeting Date Description March 2016 Planning Commission directed staff to 1) set a public hearing to consider a text amendment to clarify the existing regulations that prohibited short-term vacation rentals in residential zones; and 2) analyze the feasibility of allowing short-term vacation rentals within non-conforming residential units within commercially zoned properties. May 24, 2016 After several Planning Commission and City Council public hearings to consider the ban on short-term vacation rentals in residential zones, the City Council adopted Ordinance 16- 1365, which clarified the existing City regulations that prohibited short-term vacation rentals in all residential zones, including advertisement of STVRs. June 21, 2016 Staff introduced the potential for allowing short-term vacation rentals within nonconforming residential uses in commercial zones to the Planning Commission. September 20, 2016 The Planning Commission received an informational update on staff efforts to explore allowing short-term vacation rentals in commercial zones. Staff discussed other jurisdictions’ criteria. November 15, 2016 Based on recommendations from the Planning Commission at the September 20, 2016 meeting, staff prepared a draft set of criteria that would be the basis for a draft ordinance and presented them to the Planning Commission. December 12, 2016 The Planning Commission conducted its final public hearing on the text amendment. After considering all the oral and written testimony provided to them over the four meetings, the Planning Commission voted 3-2 not to adopt the resolution recommending the City Council adopt a text amendment to regulate short-term vacation rentals in existing nonconforming residential units located in commercial zoning districts. March 28, 2017 The City Council conducted a public hearing to consider a text amendment to the municipal code to establish a two- year pilot program to allow short-term vacation rentals in non-conforming residential dwelling units on properties that are commercially zoned. At the conclusion of the hearing, the City Council provided staff with direction for the ordinance. September 10, 2019 At the City Council meeting, staff presented the draft ordinance for Council consideration. Following the public hearing, the City Council introduced the ordinance, on a 4-1 vote with Mayor Armato dissenting, with amendments to Section 3 of the ordinance. September 24, 2019 On September 24, 2019, the ordinance was brought back to City Council for adoption; however, the City Council changed the Language of Subsection A.3(c). October 10, 2019 The ordinance was brought back to Council with the requested changes for waiver of full reading and adoption. After considering all the oral and written testimony provided to them over the two meetings, City Council voted 4-1 to adopt Ordinance 19-1395 an Ordinance of the City of Hermosa Beach, California, amending various sections of the Hermosa Beach Municipal Code to establish a two-year pilot program to regulate the rental of existing nonconforming residential properties that are located in commercial zoning districts for fewer than 30 days. September 21, 2021 During the September 21, 2021 Planning Commission hearing, staff sought direction from the Commission on whether to continue the vacation rentals pilot program and amend existing language to help clarify and clear up existing requirements for short-term vacation rentals. After discussion and deliberation, the Planning Commission directed staff to set a public hearing to consider a text amendment to continue the Short-term Vacation Rentals Pilot Program for two additional years, for a total of four years from the ordinance effective date of October 24, 2019 and amend the existing language to help clarify and clear up the existing requirements for short-term vacation rentals. October 19, 2021 The Planning Commission conducted its final public hearing on the text amendment. After considering all the oral and written testimony provided to them over the two meetings, the Planning Commission voted 5-0 not to adopt the resolution recommending the City Council adopt a text amendment to continue the Short-term Vacation Rentals Pilot Program for two additional years, for a total of four years from the ordinance effective date of October 24, 2019 and would revise the existing language to help clarify and clear up the existing requirements for short-term vacation rentals. October 26, 2021 City Council heard public testimony. City Council moved first reading of Ordinance No. 21-1440; motion carried 5-0. December 14, 2021 City Council approved Ordinance No. 21-1440 to continue the STVR program an additional two years and modify existing language concerning permit requirements. August 15, 2023 Planning Commission conducted a public hearing and adopted Resolution 23-12, recommending to City Council approval of an Ordinance. September 12, 2023 City Council heard public testimony. City Council moved first reading of Ordinance No. 23-1468; motion carried 5-0. September 26, 2023 City Council adopted Ordinance 23-1468 extending the STVR pilot program to October 24, 2025 and clarifying permitting requirements. November 13, 2023 Planning Commission conducted a public hearing and adopted Planning Commission Resolution 23-23, recommending to City Council approval an Ordinance. City of Hermosa Beach Printed on 12/7/2023Page 2 of 8 powered by Legistar™272 Staff Report REPORT 23-0696Meeting Date Description March 2016 Planning Commission directed staff to 1) set a public hearing to consider a text amendment to clarify the existing regulations that prohibited short-term vacation rentals in residential zones; and 2) analyze the feasibility of allowing short-term vacation rentals within non-conforming residential units within commercially zoned properties. May 24, 2016 After several Planning Commission and City Council public hearings to consider the ban on short-term vacation rentals in residential zones, the City Council adopted Ordinance 16- 1365, which clarified the existing City regulations that prohibited short-term vacation rentals in all residential zones, including advertisement of STVRs. June 21, 2016 Staff introduced the potential for allowing short-term vacation rentals within nonconforming residential uses in commercial zones to the Planning Commission. September 20, 2016 The Planning Commission received an informational update on staff efforts to explore allowing short-term vacation rentals in commercial zones. Staff discussed other jurisdictions’ criteria. November 15, 2016 Based on recommendations from the Planning Commission at the September 20, 2016 meeting, staff prepared a draft set of criteria that would be the basis for a draft ordinance and presented them to the Planning Commission. December 12, 2016 The Planning Commission conducted its final public hearing on the text amendment. After considering all the oral and written testimony provided to them over the four meetings, the Planning Commission voted 3-2 not to adopt the resolution recommending the City Council adopt a text amendment to regulate short-term vacation rentals in existing nonconforming residential units located in commercial zoning districts. March 28, 2017 The City Council conducted a public hearing to consider a text amendment to the municipal code to establish a two- year pilot program to allow short-term vacation rentals in non-conforming residential dwelling units on properties that are commercially zoned. At the conclusion of the hearing, the City Council provided staff with direction for the ordinance. September 10, 2019 At the City Council meeting, staff presented the draft ordinance for Council consideration. Following the public hearing, the City Council introduced the ordinance, on a 4-1 vote with Mayor Armato dissenting, with amendments to Section 3 of the ordinance. September 24, 2019 On September 24, 2019, the ordinance was brought back to City Council for adoption; however, the City Council changed the Language of Subsection A.3(c). October 10, 2019 The ordinance was brought back to Council with the requested changes for waiver of full reading and adoption. After considering all the oral and written testimony provided to them over the two meetings, City Council voted 4-1 to adopt Ordinance 19-1395 an Ordinance of the City of Hermosa Beach, California, amending various sections of the Hermosa Beach Municipal Code to establish a two-year pilot program to regulate the rental of existing nonconforming residential properties that are located in commercial zoning districts for fewer than 30 days. September 21, 2021 During the September 21, 2021 Planning Commission hearing, staff sought direction from the Commission on whether to continue the vacation rentals pilot program and amend existing language to help clarify and clear up existing requirements for short-term vacation rentals. After discussion and deliberation, the Planning Commission directed staff to set a public hearing to consider a text amendment to continue the Short-term Vacation Rentals Pilot Program for two additional years, for a total of four years from the ordinance effective date of October 24, 2019 and amend the existing language to help clarify and clear up the existing requirements for short-term vacation rentals. October 19, 2021 The Planning Commission conducted its final public hearing on the text amendment. After considering all the oral and written testimony provided to them over the two meetings, the Planning Commission voted 5-0 not to adopt the resolution recommending the City Council adopt a text amendment to continue the Short-term Vacation Rentals Pilot Program for two additional years, for a total of four years from the ordinance effective date of October 24, 2019 and would revise the existing language to help clarify and clear up the existing requirements for short-term vacation rentals. October 26, 2021 City Council heard public testimony. City Council moved first reading of Ordinance No. 21-1440; motion carried 5-0. December 14, 2021 City Council approved Ordinance No. 21-1440 to continue the STVR program an additional two years and modify existing language concerning permit requirements. August 15, 2023 Planning Commission conducted a public hearing and adopted Resolution 23-12, recommending to City Council approval of an Ordinance. September 12, 2023 City Council heard public testimony. City Council moved first reading of Ordinance No. 23-1468; motion carried 5-0. September 26, 2023 City Council adopted Ordinance 23-1468 extending the STVR pilot program to October 24, 2025 and clarifying permitting requirements. November 13, 2023 Planning Commission conducted a public hearing and adopted Planning Commission Resolution 23-23, recommending to City Council approval an Ordinance. City of Hermosa Beach Printed on 12/7/2023Page 3 of 8 powered by Legistar™273 Staff Report REPORT 23-0696 Meeting Date DescriptionMarch 2016 Planning Commission directed staff to 1) set a publichearing to consider a text amendment to clarify the existingregulations that prohibited short-term vacation rentals inresidential zones; and 2) analyze the feasibility of allowingshort-term vacation rentals within non-conformingresidential units within commercially zoned properties.May 24, 2016 After several Planning Commission and City Council publichearings to consider the ban on short-term vacation rentalsin residential zones, the City Council adopted Ordinance 16-1365, which clarified the existing City regulations thatprohibited short-term vacation rentals in all residentialzones, including advertisement of STVRs.June 21, 2016 Staff introduced the potential for allowing short-termvacation rentals within nonconforming residential uses incommercial zones to the Planning Commission.September 20, 2016 The Planning Commission received an informational updateon staff efforts to explore allowing short-term vacationrentals in commercial zones. Staff discussed otherjurisdictions’ criteria.November 15, 2016 Based on recommendations from the Planning Commissionat the September 20, 2016 meeting, staff prepared a draftset of criteria that would be the basis for a draft ordinanceand presented them to the Planning Commission.December 12, 2016 The Planning Commission conducted its final public hearingon the text amendment. After considering all the oral andwritten testimony provided to them over the four meetings,the Planning Commission voted 3-2 not to adopt theresolution recommending the City Council adopt a textamendment to regulate short-term vacation rentals inexisting nonconforming residential units located incommercial zoning districts.March 28, 2017 The City Council conducted a public hearing to consider atext amendment to the municipal code to establish a two- year pilot program to allow short-term vacation rentals in non-conforming residential dwelling units on properties that are commercially zoned. At the conclusion of the hearing, the City Council provided staff with direction for the ordinance. September 10, 2019 At the City Council meeting, staff presented the draft ordinance for Council consideration. Following the public hearing, the City Council introduced the ordinance, on a 4-1 vote with Mayor Armato dissenting, with amendments to Section 3 of the ordinance. September 24, 2019 On September 24, 2019, the ordinance was brought back to City Council for adoption; however, the City Council changed the Language of Subsection A.3(c). October 10, 2019 The ordinance was brought back to Council with the requested changes for waiver of full reading and adoption. After considering all the oral and written testimony provided to them over the two meetings, City Council voted 4-1 to adopt Ordinance 19-1395 an Ordinance of the City of Hermosa Beach, California, amending various sections of the Hermosa Beach Municipal Code to establish a two-year pilot program to regulate the rental of existing nonconforming residential properties that are located in commercial zoning districts for fewer than 30 days. September 21, 2021 During the September 21, 2021 Planning Commission hearing, staff sought direction from the Commission on whether to continue the vacation rentals pilot program and amend existing language to help clarify and clear up existing requirements for short-term vacation rentals. After discussion and deliberation, the Planning Commission directed staff to set a public hearing to consider a text amendment to continue the Short-term Vacation Rentals Pilot Program for two additional years, for a total of four years from the ordinance effective date of October 24, 2019 and amend the existing language to help clarify and clear up the existing requirements for short-term vacation rentals. October 19, 2021 The Planning Commission conducted its final public hearing on the text amendment. After considering all the oral and written testimony provided to them over the two meetings, the Planning Commission voted 5-0 not to adopt the resolution recommending the City Council adopt a text amendment to continue the Short-term Vacation Rentals Pilot Program for two additional years, for a total of four years from the ordinance effective date of October 24, 2019 and would revise the existing language to help clarify and clear up the existing requirements for short-term vacation rentals. October 26, 2021 City Council heard public testimony. City Council moved first reading of Ordinance No. 21-1440; motion carried 5-0. December 14, 2021 City Council approved Ordinance No. 21-1440 to continue the STVR program an additional two years and modify existing language concerning permit requirements. August 15, 2023 Planning Commission conducted a public hearing and adopted Resolution 23-12, recommending to City Council approval of an Ordinance. September 12, 2023 City Council heard public testimony. City Council moved first reading of Ordinance No. 23-1468; motion carried 5-0. September 26, 2023 City Council adopted Ordinance 23-1468 extending the STVR pilot program to October 24, 2025 and clarifying permitting requirements. November 13, 2023 Planning Commission conducted a public hearing and adopted Planning Commission Resolution 23-23, recommending to City Council approval an Ordinance. City of Hermosa Beach Printed on 12/7/2023Page 4 of 8 powered by Legistar™274 Staff Report REPORT 23-0696 Meeting Date DescriptionMarch 2016 Planning Commission directed staff to 1) set a publichearing to consider a text amendment to clarify the existingregulations that prohibited short-term vacation rentals inresidential zones; and 2) analyze the feasibility of allowingshort-term vacation rentals within non-conformingresidential units within commercially zoned properties.May 24, 2016 After several Planning Commission and City Council publichearings to consider the ban on short-term vacation rentalsin residential zones, the City Council adopted Ordinance 16-1365, which clarified the existing City regulations thatprohibited short-term vacation rentals in all residentialzones, including advertisement of STVRs.June 21, 2016 Staff introduced the potential for allowing short-termvacation rentals within nonconforming residential uses incommercial zones to the Planning Commission.September 20, 2016 The Planning Commission received an informational updateon staff efforts to explore allowing short-term vacationrentals in commercial zones. Staff discussed otherjurisdictions’ criteria.November 15, 2016 Based on recommendations from the Planning Commissionat the September 20, 2016 meeting, staff prepared a draftset of criteria that would be the basis for a draft ordinanceand presented them to the Planning Commission.December 12, 2016 The Planning Commission conducted its final public hearingon the text amendment. After considering all the oral andwritten testimony provided to them over the four meetings,the Planning Commission voted 3-2 not to adopt theresolution recommending the City Council adopt a textamendment to regulate short-term vacation rentals inexisting nonconforming residential units located incommercial zoning districts.March 28, 2017 The City Council conducted a public hearing to consider atext amendment to the municipal code to establish a two-year pilot program to allow short-term vacation rentals innon-conforming residential dwelling units on properties thatare commercially zoned. At the conclusion of the hearing,the City Council provided staff with direction for theordinance.September 10, 2019 At the City Council meeting, staff presented the draftordinance for Council consideration. Following the publichearing, the City Council introduced the ordinance, on a 4-1vote with Mayor Armato dissenting, with amendments toSection 3 of the ordinance.September 24, 2019 On September 24, 2019, the ordinance was brought back toCity Council for adoption; however, the City Councilchanged the Language of Subsection A.3(c).October 10, 2019 The ordinance was brought back to Council with therequested changes for waiver of full reading and adoption.After considering all the oral and written testimony providedto them over the two meetings, City Council voted 4-1 toadopt Ordinance 19-1395 an Ordinance of the City ofHermosa Beach, California, amending various sections ofthe Hermosa Beach Municipal Code to establish a two-yearpilot program to regulate the rental of existingnonconforming residential properties that are located incommercial zoning districts for fewer than 30 days.September 21, 2021 During the September 21, 2021 Planning Commissionhearing, staff sought direction from the Commission onwhether to continue the vacation rentals pilot program andamend existing language to help clarify and clear upexisting requirements for short-term vacation rentals. Afterdiscussion and deliberation, the Planning Commissiondirected staff to set a public hearing to consider a text amendment to continue the Short-term Vacation Rentals Pilot Program for two additional years, for a total of four years from the ordinance effective date of October 24, 2019 and amend the existing language to help clarify and clear up the existing requirements for short-term vacation rentals. October 19, 2021 The Planning Commission conducted its final public hearing on the text amendment. After considering all the oral and written testimony provided to them over the two meetings, the Planning Commission voted 5-0 not to adopt the resolution recommending the City Council adopt a text amendment to continue the Short-term Vacation Rentals Pilot Program for two additional years, for a total of four years from the ordinance effective date of October 24, 2019 and would revise the existing language to help clarify and clear up the existing requirements for short-term vacation rentals. October 26, 2021 City Council heard public testimony. City Council moved first reading of Ordinance No. 21-1440; motion carried 5-0. December 14, 2021 City Council approved Ordinance No. 21-1440 to continue the STVR program an additional two years and modify existing language concerning permit requirements. August 15, 2023 Planning Commission conducted a public hearing and adopted Resolution 23-12, recommending to City Council approval of an Ordinance. September 12, 2023 City Council heard public testimony. City Council moved first reading of Ordinance No. 23-1468; motion carried 5-0. September 26, 2023 City Council adopted Ordinance 23-1468 extending the STVR pilot program to October 24, 2025 and clarifying permitting requirements. November 13, 2023 Planning Commission conducted a public hearing and adopted Planning Commission Resolution 23-23, recommending to City Council approval an Ordinance. Analysis: STVRs are currently only allowed in nonconforming residential uses on specific commercially zoned properties.Those properties are limited to the C-2,C-3,SPA-7,SPA-8,and SPA-11 zones. Additionally,advertisement of unpermitted STVRs in all zones is currently prohibited.The primary intent of Zone Text Amendment 23-05,and the proposed ordinance,is to clarify STVR advertisement regulations in all zones.The zone text amendment proposes no change to the general prohibition of STVRs in all residential zones.Minor language adjustments are proposed to clarify standards more clearly for STVRs. Proposed Zone Text Amendment Language Proposed amendments are shown below.Bold,italicized,and underlined text represents proposed City of Hermosa Beach Printed on 12/7/2023Page 5 of 8 powered by Legistar™275 Staff Report REPORT 23-0696 Proposed amendments are shown below.Bold,italicized,and underlined text represents proposed additions (example). Strikethrough text represents proposed deletions (example). ·HBMC Section 17.04.040-General Definitions “Advertisement” is amended as follows: Advertisement means any printed or lettered announcement,whether in a magazine,newspaper, handbill,notice,display,billboard,poster,email,Internet website or application,or any other form. This definition includes,but is not limited to,any display on a website pop-up,calendar function, widget, or any other website display. The modified definition would expand prohibited postings to include more modern methods of advertisement.Notably,websites offering STVR stays,often use calendar functions or scheduling widgets to allow user to choose days more efficiently. ·HBMC Section 17.42.180-Short-Term Vacation Rentals It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement,lease,license or any other means,whether oral or written)for compensation or consideration a residential dwelling,a dwelling unit or a room in a dwelling for less than 30 consecutive days and for any person to occupy a residential dwelling,a dwelling unit or a room in a dwelling for less than 30 consecutive days pursuant to a rental agreement,lease,license or any other means,whether oral or written,for compensation or consideration except for short-term vacation rentals in nonconforming residential dwelling units in certain commercial zones in compliance with the following requirements.No person or entity shall maintain any advertisement of a short-term rental in violation of this section,in any zone.In the event that an advertisement has conflicting information regarding a prohibited rental,the advertisement for the shorter amount of time shall control. The added language provides clear direction for staff in cases where advertisements for a property are inconsistent over multiple platforms.For example,a website may have a description for the property,noting stays less than 30 days are prohibited,but a calendar function may allow a user to choose to stay for less than 30 days.The proposed language clarifies that the advertisement offering a shorter stay would be binding for code enforcement purposes. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Governance Element City of Hermosa Beach Printed on 12/7/2023Page 6 of 8 powered by Legistar™276 Staff Report REPORT 23-0696 Goal 1. A high degree of transparency and integrity in the decision-making process. Policy: ·1.1 Open Meetings.Maintain the community’s trust by holding meetings in which decisions are being made,that are open and available for all community members to attend, participate, or view remotely. Goal 2. The Community is active and engaged in decision-making processes. Policy: ·2.3 Public participation guidelines. Establish parameters and guidelines to ensure public participation is promoted through diverse methods. Environmental Determination: The Zone Text Amendment is exempt from the California Environmental Quality Act (CEQA)pursuant to Section 15061(b)(3).The activity is covered by the commonsense exemption that CEQA applies only to projects,which have the potential for causing a significant effect on the environment.Where it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Zone Text Amendment would not approve any development project or create any new land use provisions that would allow new development,and therefore would not cause a significant effect on the environment. Public Notification: A legal ad noticing the December 12,2023 City Council meeting was published on November 30, 2023 in the Beach Reporter,a newspaper of general circulation.Public notification materials are included as Attachment 5. Fiscal Impact: There is no fiscal impact associated with the recommended action. Attachments: 1.Proposed Ordinance 2.Planning Commission Resolution 23-23 3.Redlined Draft Ordinance 4.Ordinance No. 23-1468 5.Public Notification Package 6.Link to May 24, 2016 City Council Staff Report 7.Link to June 21, 2016 Planning Commission Staff Report 8.Link to September 20, 2016 Planning Commission Staff Report City of Hermosa Beach Printed on 12/7/2023Page 7 of 8 powered by Legistar™277 Staff Report REPORT 23-0696 9.Link to November 15, 2016 Planning Commission Staff Report 10.Link to December 12, 2016 Planning Commission Staff Report 11.Link to March 28, 2017 City Council Staff Report 12.Link to September 10, 2019 City Council Staff Report 13.Link to September 24, 2019 City Council Staff Report 14.Link to October 10, 2019 City Council Staff Report 15.Link to September 21, 2021 Planning Commission Staff Report 16.Link to October 19, 2021 Planning Commission Staff Report 17.Link to October 26, 2021 City Council Staff Report 18.Link to December 14, 2021 City Council Staff Report 19.Link to August 15, 2023 Planning Commission Staff Report 20.Link to September 12, 2023 City Council Staff Report 21.Link to September 26, 2023 City Council Staff Report 22.Link to November 13, 2023 Planning Commission Staff Report Respectfully Submitted by: Johnathon Masi, Assistant Planner Concur: Alexis Oropeza, Planning Manager Concur: Carrie Tai, AICP, Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 12/7/2023Page 8 of 8 powered by Legistar™278 CITY OF HERMOSA BEACH ORDINANCE NO. 23-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING ZONE TEXT AMENDMENT 23-05, TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE CLARIFYING THE CITY’S REGULATION OF ADVERTISEMENT OF SHORT-TERM VACATION RENTALS IN ALL ZONES AND DETERMINE THE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONEMNTAL QUALITY ACT (CEQA) THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. On May 24, 2016, City Council adopted Ordinance No. 16- 1365, which clarified existing City regulations that prohibited short-term vacation rentals in all residential zones, including advertisement of STVRs. SECTION 2. The City Council held a duly noticed public hearing on December 12, 2023 to consider a text amendment to portions of Hermosa Beach Municipal Code Title 17. SECTION 3. Under Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the ordinance qualifies as a “common sense exemption” as CEQA only applies to projects which have the potential for causing a significant effect on the environment. SECTION 4. The City Council finds the proposed amendments are consistent with the City’s General Plan. The ordinance will also comply with State requirements. The amendments will not impede the City’s ability to meet its General Plan goals, and the amendments are necessary to carry out the purposes of the Zoning Ordinance, including the orderly planned use of land resources. SECTION 5. Section 17.04.040 (General Definitions) of Chapter 17.04 (Definitions) of Title 17 (Zoning) is amended to read as follows: 17.04.040 – “Advertisement” Advertisement means any printed or lettered announcement, whether in a 279 magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet website or application, or any other form. This definition includes, but is not limited to, any display on a website pop-up, calendar function, widget or any other website display. SECTION 6. Section 17.42.180 (Short-Term Vacation Rentals) of Chapter 17.42 (General Provisions, Conditions and Exceptional Uses) of Title 17 (Zoning) is amended to read as follows: 17.42.180 Short-Term Vacation Rentals. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than 30 consecutive days and for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than 30 consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration except for short-term vacation rentals in nonconforming residential dwelling units in certain commercial zones in compliance with the following requirements. No person or entity shall maintain any advertisement of a short- term rental in violation of this section, in any zone. In the event that an advertisement has conflicting information regarding a prohibited rental, the advertisement for the shorter amount of time shall control. This section sets forth requirements for the establishment and operation of short- term vacation rentals in nonconforming residential dwelling units in certain commercial zones. A. Permit and Operational Requirements. The approval of operation of a short- term vacation rental shall be subject to the following requirements: 1. Administrative Permit Required. Short-term vacation rentals may be established and operated only after an administrative permit has been approved in compliance with Chapter 17.55. The administrative permit for a short-term vacation rental shall be valid for one calendar year from the date of issuance and must be renewed annually thereafter; provided, that this section remains in effect and has not expired. a. Prior to approval or renewal of an administrative permit for operation of a short-term vacation rental, the premises shall be inspected by the 280 building official or their designee for compliance with all applicable building and safety codes, as well as compliance with any applicable Municipal Code regulations regarding short-term vacation rentals. If the building official or their designee conducts more than two (2) inspections to verify compliance due to outstanding corrections, the applicant is subject to a reinspection fee for those additional inspections. b. An application for a new or renewal of an administrative permit shall include payment of all required and outstanding administrative fees. c. The application submittal shall include a list of the Uniform Resource Locations (URL) where the property is listed online, and the applicant shall keep the list current at all times. d. Short-term vacation rentals established under this section shall have no vested right to continued existence. 2. Location. Short-term vacation rentals shall only be permitted in nonconforming residential dwellings on properties zoned C-2, C-3, SPA 7, SPA 8, or SPA 11. a. For purposes of this section, a "nonconforming residential unit" shall mean a residential dwelling unit that was lawfully established and maintained as a dwelling unit as of October 24, 2019. If the unit is converted into a nonresidential use, then it shall be deemed the termination of the existing nonconforming residential use, and thereby the unit loses any nonconforming status as a residential use and loses any right to operate as a short-term vacation rental. 3. Management and Operations Plan. In addition to any other requirements for an application for an administrative permit, or any conditions of approval contained therein, the application to establish and operate a short-term vacation rental shall be accompanied by a management plan, which shall establish, to the satisfaction of the community development director (director), or their designee, the following: a. The reasonably prudent business practices that owner or owner’s authorized agent will use to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules, regulations, and permits. b. An identification plaque posted and maintained at all times, within plain view of and legible to the general public, not exceeding six square feet in size, and containing address of premises and permit number, and telephone number of Hermosa Beach Police Department dispatch for 281 complaints regarding condition, operation or conduct of occupants of the unit. The director may alter the size requirement to ensure the plaque is legible from the adjacent public right-of-way. c. The name, address, and telephone number of a local contact person who shall be available 24 hours per day, seven days per week for the purpose of responding to City staff calls pertaining to complaints regarding the condition, operations, or conduct of occupants of the short-term vacation rental or their guests, and if directed by City staff, to personally proceed on site within 30 minutes from the call to resolve the problem. d. The owner or the owner’s authorized agent shall, upon notification that any occupant or guest of the short-term vacation rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit, respond in a timely and appropriate manner to immediately halt or prevent a recurrence of such conduct. Failure of the owner or the owner’s authorized agent to respond to such calls or complaints regarding the condition, operation, or conduct of the occupants and/or guests of the short-term vacation rental unit in a timely and appropriate manner shall subject the owner to all administrative, legal, and equitable remedies available to the City. e. The owner and/or the owner’s authorized agent shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term vacation rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct or illegal activity, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit. f. The owner and/or the owner’s authorized agent shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used for overnight accommodations purposes only. This shall include using all prudent business practices to prohibit the rental to commercial party businesses. g. Prior to occupancy of a short-term vacation rental unit, the owner or the owner’s authorized agent shall: i. Obtain the contact information of the renter. ii. Provide a copy of the City’s "Good Neighbor" brochure containing these requirements to the renter. 282 iii. Require the renter to execute a formal acknowledgement they are legally responsible for compliance by all occupants of the short- term vacation rental unit and their guests with all applicable laws, rules, and regulations pertaining to the use and occupancy of the short-term vacation rental unit. iv. The information required in subsections (A)(3)(g)(i) and (A)(3)(g)(iii) of this subsection shall be maintained by the owner or the owner’s authorized agent for a period of three years and be made available upon request to any officer of the City responsible for the enforcement of any provision of the Municipal Code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short- term vacation rental unit. h. The property shall be maintained free of litter and debris. Trash and refuse shall not be left or stored within public view, except in proper containers for the purpose of collection by the City’s authorized waste hauler on scheduled trash collection days. Trash receptacles must be maintained within an enclosure and placed for pick up to comply with the provisions of HBMC 8.12.220 and 8.12.230. The size or number of containers and/or frequency of pick-up (if permitted by the City’s authorized waste hauler) shall be increased if needed to accommodate the amount of trash generated by all uses on the site. i. On-site parking shall be allowed on approved driveway, garage and/or carport areas onl y. Parking shall comply with all current City parking regulations. Parking of oversized vehicles must comply with the provisions of Chapter 10.32, Stopping, Standing and Parking, of the Municipal Code. j. Approved on-site parking space(s), including all enclosed garages, shall be kept free and clear to accommodate vehicular parking for renters/guests during all times the unit is in use as a short-term vacation rental. k. The number of adult occupants allowed to occupy any given short-term vacation rental unit shall be limited to two (2) per bedroom/sleeping area. l. The director shall have the authority to impose additional conditions on the use of any given short-term vacation rental to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated. m. The owner or owner’s authorized agent shall post the current short-term 283 vacation rental permit number, a photograph of the front of the property where the short-term vacation rental unit is located, as well as the number of approved on-site parking spaces available, in any written publication or on any website that promotes the availability or existence of a short-term vacation rental unit. 4. The owner shall comply with all requirements related to a business license under Chapter 5.04, Business Licenses Generally, of the Municipal Code, and related to the transient occupancy tax under Chapter 3.32, Transient Occupancy Tax, of the Municipal Code for the operation of the short-term vacation rental. B. Development Standards. Short-term vacation rentals shall conform to the following standards: 1. On-site parking shall be provided as required under Chapter 17.44. 2. A private kitchen area, shower, and toilet facilities, and at least one room/area designated as a sleeping area shall be provided in each unit. C. Violations. Violations of this section are subject to the following standards. 1. Any violation of this section shall result in issuance of an administrative citation pursuant to Chapter 1.10, Administrative Citations, Penalties, or any other legal methods of enforcement, of the Municipal Code. 2. More than three violations of this section or any of the City’s quality of life ordinances, such as noise violations, disturbing the peace, or creating a public nuisance, within a 12-month period shall be grounds for revocation of the business license and administrative permit, in accordance with provisions of the Code, provided the three violations have been affirmed by a hearing officer in the event they are appealed. D. Sunset Clause. The provisions in this section shall become inoperative on October 24, 2025, and shall be considered repealed on that date, unless the City Council of Hermosa Beach enacts a new ordinance that becomes effective on or before October 24, 2025, and which deletes or extends that date. No new or renewals of administrative permits and/or business licenses for short-term vacation rentals shall be issued after October 24, 2025, and no permitted short-term vacation rental shall have a right to operate beyond the term of the permit. SECTION 7. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this 284 resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof. SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937. SECTION 9. Certification. The City Clerk is directed to certify the passage and adoption of this ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED and ADOPTED on this _____ day of _________, 2023. Justin Massey PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: Myra Maravilla Patrick Donegan City Clerk City Attorney 285 Exhibit A to PC Resolution 23-23 CITY OF HERMOSA BEACH PC RESOLUTION NO. 23-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA RECOMMENDING THE CITY COUNCIL APPROVE ZONE TEXT AMENDMENT 23-05, TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE CLARIFYING THE CITY’S REGULATION OF THE ADVERTISEMENT OF SHORT-TERM VACATION RENTALS IN ALL ZONES AND DETERMINE THE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WHEREAS, on May 24, 2016, City Council adopted Ordinance No. 16-1365, which clarified existing City regulations that prohibited short-term vacation rentals in all residential zones, including advertisement of STVRs; and WHEREAS, staff determined clarification is required to effectively enforce provisions of the municipal code, specifically regulations regarding prohibited advertisement of unpermitted short-term vacation rentals; and WHEREAS, under Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the ordinance qualifies for a “common sense exemption” as CEQA only applies to projects which have the potential for causing a significant effect on the environment; and WHEREAS, the Planning Commission finds the proposed amendments are consistent with the City’s General Plan. The ordinance will also comply with State requirements. The amendments will not impede the City’s ability to meet its General Plan goals, and the amendments are necessary to carry out the purposes of the Zoning Ordinance, including the orderly planned use of land resources. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Hermosa Beach hereby recommends City Council adopt an Ordinance approving amendments to Title 17 of the Hermosa Beach Municipal Code, as included as Exhibit A. 286 Exhibit A to PC Resolution 23-23 VOTE:AYES: 5 - Chair Hoffman, Vice Chair Rice, Commissioner Pederson, Commissioner Wicks, Commission Izant NOES: 0 ABSTAIN: 0 ABSENT: 0 CERTIFICATION I hereby certify the foregoing Planning Commission Resolution 23-23 is a true and complete record of the action taken by the Planning Commission of the City of Hermosa Beach, California at its regular meeting of November 13, 2023. ________________________________ ________________________________ Peter Hoffman Carrie Tai Chair Secretary ________________________________ Date 287 Exhibit A to PC Resolution 23-23 CITY OF HERMOSA BEACH ORDINANCE NO. 23-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING ZONE TEXT AMENDMENT 23-05, TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE CLARIFYING THE CITY’S REGULATION OF ADVERTISEMENT OF SHORT-TERM VACATION RENTALS IN ALL ZONES AND DETERMINE THE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONEMNTAL QUALITY ACT (CEQA) THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. On May 24, 2016, City Council adopted Ordinance No. 16-1365, which clarified existing City regulations that prohibited short-term vacation rentals in all residential zones, including advertisement of STVRs. SECTION 2. The City Council held a duly noticed public hearing on ________, 2023 to consider a text amendment to portions of Hermosa Beach Municipal Code Title 17. SECTION 3. Under Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the ordinance qualifies as a “common sense exemption” as CEQA only applies to projects which have the potential for causing a significant effect on the environment. SECTION 4.The City Council finds the proposed amendments are consistent with the City’s General Plan. The ordinance will also comply with State requirements. The amendments will not impede the City’s ability to meet its General Plan goals, and the amendments are necessary to carry out the purposes of the Zoning Ordinance, including the orderly planned use of land resources. SECTION 5. Section 17.04.040 (General Definitions) of Chapter 17.04 (Definitions) of Title 17 (Zoning) is amended to read as follows: 17.04.040 – “Advertisement” Advertisement means any printed or lettered announcement, whether in a 288 Exhibit A to PC Resolution 23-23 magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet website or application, or any other form. This definition includes, but is not limited to, any display on a website pop-up, calendar function, widget or any other website display. SECTION 6. Section 17.42.180 (Short-term Vacation Rentals) of Chapter 17.42 (General Provisions, Conditions and Exceptional Uses) of Title 17 (Zoning) is amended to read as follows: 17.42.180 Short-Term Vacation Rentals. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than 30 consecutive days and for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than 30 consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration except for short-term vacation rentals in nonconforming residential dwelling units in certain commercial zones in compliance with the following requirements. No person or entity shall maintain any advertisement of a short-term rental in violation of this section, in any zone. In the event that an advertisement has conflicting information regarding a prohibited rental, the advertisement for the shorter amount of time shall control. This section sets forth requirements for the establishment and operation of short- term vacation rentals in nonconforming residential dwelling units in certain commercial zones. A. Permit and Operational Requirements. The approval of operation of a short- term vacation rental shall be subject to the following requirements: 1. Administrative Permit Required. Short-term vacation rentals may be established and operated only after an administrative permit has been approved in compliance with Chapter 17.55. The administrative permit for a short-term vacation rental shall be valid for one calendar year from the date of issuance and must be renewed annually thereafter; provided, that this section remains in effect and has not expired. a. Prior to approval or renewal of an administrative permit for operation of a short-term vacation rental, the premises shall be inspected by the building 289 Exhibit A to PC Resolution 23-23 official or their designee for compliance with all applicable building and safety codes, as well as compliance with any applicable Municipal Code regulations regarding short-term vacation rentals. If the building official or their designee conducts more than two (2) inspections to verify compliance due to outstanding corrections, the applicant is subject to a reinspection fee for those additional inspections. b.An application for a new or renewal of an administrative permit shall include payment of all required and outstanding administrative fees. c.The application submittal shall include a list of the Uniform Resource Locations (URL) where the property is listed online, and the applicant shall keep the list current at all times. d. Short-term vacation rentals established under this section shall have no vested right to continued existence. 2. Location. Short-term vacation rentals shall only be permitted in nonconforming residential dwellings on properties zoned C-2, C-3, SPA 7, SPA 8, or SPA 11. a.For purposes of this section, a "nonconforming residential unit" shall mean a residential dwelling unit that was lawfully established and maintained as a dwelling unit as of October 24, 2019. If the unit is converted into a nonresidential use, then it shall be deemed the termination of the existing nonconforming residential use, and thereby the unit loses any nonconforming status as a residential use and loses any right to operate as a short-term vacation rental. 3.Management and Operations Plan. In addition to any other requirements for an application for an administrative permit, or any conditions of approval contained therein, the application to establish and operate a short-term vacation rental shall be accompanied by a management plan, which shall establish, to the satisfaction of the community development director (director), or their designee, the following: a.The reasonably prudent business practices that owner or owner’s authorized agent will use to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules, regulations, and permits. b.An identification plaque posted and maintained at all times, within plain view of and legible to the general public, not exceeding six square feet in size, and containing address of premises and permit number, and telephone number of Hermosa Beach Police Department dispatch for complaints regarding condition, operation or conduct of occupants of the unit. The director may alter the size requirement to ensure the plaque is 290 Exhibit A to PC Resolution 23-23 legible from the adjacent public right-of-way. c. The name, address, and telephone number of a local contact person who shall be available 24 hours per day, seven days per week for the purpose of responding to City staff calls pertaining to complaints regarding the condition, operations, or conduct of occupants of the short-term vacation rental or their guests, and if directed by City staff, to personally proceed on site within 30 minutes from the call to resolve the problem. d.The owner or the owner’s authorized agent shall, upon notification that any occupant or guest of the short-term vacation rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit, respond in a timely and appropriate manner to immediately halt or prevent a recurrence of such conduct. Failure of the owner or the owner’s authorized agent to respond to such calls or complaints regarding the condition, operation, or conduct of the occupants and/or guests of the short-term vacation rental unit in a timely and appropriate manner shall subject the owner to all administrative, legal, and equitable remedies available to the City. e. The owner and/or the owner’s authorized agent shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short- term vacation rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct or illegal activity, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit. f.The owner and/or the owner’s authorized agent shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used for overnight accommodations purposes only. This shall include using all prudent business practices to prohibit the rental to commercial party businesses. g.Prior to occupancy of a short-term vacation rental unit, the owner or the owner’s authorized agent shall: i. Obtain the contact information of the renter. ii. Provide a copy of the City’s "Good Neighbor" brochure containing these requirements to the renter. iii. Require the renter to execute a formal acknowledgement they are legally responsible for compliance by all occupants of the short- term vacation rental unit and their guests with all applicable laws, rules, and regulations pertaining to the use and occupancy of the short-term vacation rental unit. 291 Exhibit A to PC Resolution 23-23 iv. The information required in subsections (A)(3)(g)(i) and (A)(3)(g)(iii) of this subsection shall be maintained by the owner or the owner’s authorized agent for a period of three years and be made available upon request to any officer of the City responsible for the enforcement of any provision of the Municipal Code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short- term vacation rental unit. h.The property shall be maintained free of litter and debris. Trash and refuse shall not be left or stored within public view, except in proper containers for the purpose of collection by the City’s authorized waste hauler on scheduled trash collection days. Trash receptacles must be maintained within an enclosure and placed for pick up to comply with the provisions of HBMC 8.12.220 and 8.12.230. The size or number of containers and/or frequency of pick-up (if permitted by the City’s authorized waste hauler) shall be increased if needed to accommodate the amount of trash generated by all uses on the site. i. On-site parking shall be allowed on approved driveway, garage and/or carport areas only. Parking shall comply with all current City parking regulations. Parking of oversized vehicles must comply with the provisions of Chapter 10.32, Stopping, Standing and Parking, of the Municipal Code. j. Approved on-site parking space(s), including all enclosed garages, shall be kept free and clear to accommodate vehicular parking for renters/guests during all times the unit is in use as a short-term vacation rental. k. The number of adult occupants allowed to occupy any given short-term vacation rental unit shall be limited to two (2) per bedroom/sleeping area. l. The director shall have the authority to impose additional conditions on the use of any given short-term vacation rental to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated. m.The owner or owner’s authorized agent shall post the current short-term vacation rental permit number, a photograph of the front of the property where the short-term vacation rental unit is located, as well as the number of approved on-site parking spaces available, in any written publication or on any website that promotes the availability or existence of a short-term vacation rental unit. 4. The owner shall comply with all requirements related to a business license under Chapter 5.04, Business Licenses Generally, of the Municipal Code, and related to the transient occupancy tax under Chapter 3.32, Transient Occupancy Tax, of the Municipal Code for the operation of the short-term 292 Exhibit A to PC Resolution 23-23 vacation rental. B.Development Standards. Short-term vacation rentals shall conform to the following standards: 1.On-site parking shall be provided as required under Chapter17.44. 2. A private kitchen area, shower, and toilet facilities, and at least one room/area designated as a sleeping area shall be provided in each unit. C.Violations. Violations of this section are subject to the following standards. 1.Any violation of this section shall result in issuance of an administrative citation pursuant to Chapter 1.10, Administrative Citations, Penalties, or any other legal methods of enforcement, of the Municipal Code. 2.More than three violations of this section or any of the City’s quality of life ordinances, such as noise violations, disturbing the peace, or creating a public nuisance, within a 12-month period shall be grounds for revocation of the business license and administrative permit, in accordance with provisions of the Code, provided the three violations have been affirmed by a hearing officer in the event they are appealed. D. Sunset Clause. The provisions in this section shall become inoperative on October 24, 2025, and shall be considered repealed on that date, unless the City Council of Hermosa Beach enacts a new ordinance that becomes effective on or before October 24, 2025, and which deletes or extends that date. No new or renewals of administrative permits and/or business licenses for short-term vacation rentals shall be issued after October 24, 2025, and no permitted short-term vacation rental shall have a right to operate beyond the term of the permit. SECTION 7. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof. SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937. 293 Exhibit A to PC Resolution 23-23 SECTION 9. Certification. The City Clerk is directed to certify the passage and adoption of this ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED and ADOPTED on this _____ day of _________, 2023. Justin Massey PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: Myra Maravilla Patrick Donegan City Clerk City Attorney 294 295 17.04.040 General Definitions Advertisement means any printed or lettered announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet website or application, or any other form. This definition includes, but is not limited to, any display on a website pop-up, calendar function, widget or any other website display. 17.42.180 Short-Term Vacation Rentals. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than 30 consecutive days and for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than 30 consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration except for short-term vacation rentals in nonconforming residential dwelling units in certain commercial zones in compliance with the following requirements. No person or entity shall maintain any advertisement of a short-term rental in violation of this section, in any zone. In the event that an advertisement has conflicting information regarding a prohibited rental, the advertisement for the shorter amount of time shall control. This section sets forth requirements for the establishment and operation of short- term vacation rentals in nonconforming residential dwelling units in certain commercial zones. A. Permit and Operational Requirements. The approval of operation of a short- term vacation rental shall be subject to the following requirements: 1. Administrative Permit Required. Short-term vacation rentals may be established and operated only after an administrative permit has been approved in compliance with Chapter 17.55. The administrative permit for a short-term vacation rental shall be valid for one calendar year from the date of issuance and must be renewed annually thereafter; provided, that this section remains in effect and has not expired. a. Prior to approval or renewal of an administrative permit for operation of a short-term vacation rental, the premises shall be inspected by the building official or their designee for compliance with all applicable building and safety codes, as well as compliance with any applicable Municipal Code 296 regulations regarding short-term vacation rentals. If the building official or their designee conducts more than two (2) inspections to verify compliance due to outstanding corrections, the applicant is subject to a reinspection fee for those additional inspections. b. An application for a new or renewal of an administrative permit shall include payment of all required and outstanding administrative fees. c. The application submittal shall include a list of the Uniform Resource Locations (URL) where the property is listed online, and the applicant shall keep the list current at all times. d. Short-term vacation rentals established under this section shall have no vested right to continued existence. 2. Location. Short-term vacation rentals shall only be permitted in nonconforming residential dwellings on properties zoned C-2, C-3, SPA 7, SPA 8, or SPA 11. a. For purposes of this section, a "nonconforming residential unit" shall mean a residential dwelling unit that was lawfully established and maintained as a dwelling unit as of October 24, 2019. If the unit is converted into a nonresidential use, then it shall be deemed the termination of the existing nonconforming residential use, and thereby the unit loses any nonconforming status as a residential use and loses any right to operate as a short-term vacation rental. 3. Management and Operations Plan. In addition to any other requirements for an application for an administrative permit, or any conditions of approval contained therein, the application to establish and operate a short-term vacation rental shall be accompanied by a management plan, which shall establish, to the satisfaction of the community development director (director), or their designee, the following: a. The reasonably prudent business practices that owner or owner’s authorized agent will use to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules, regulations, and permits. b. An identification plaque posted and maintained at all times, within plain view of and legible to the general public, not exceeding six square feet in size, and containing address of premises and permit number, and telephone number of Hermosa Beach Police Department dispatch for complaints regarding condition, operation or conduct of occupants of the unit. The director may alter the size requirement to ensure the plaque is legible from the adjacent public right-of-way. 297 c. The name, address, and telephone number of a local contact person who shall be available 24 hours per day, seven days per week for the purpose of responding to City staff calls pertaining to complaints regarding the condition, operations, or conduct of occupants of the short-term vacation rental or their guests, and if directed by City staff, to personally proceed on site within 30 minutes from the call to resolve the problem. d. The owner or the owner’s authorized agent shall, upon notification that any occupant or guest of the short-term vacation rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit, respond in a timely and appropriate manner to immediately halt or prevent a recurrence of such conduct. Failure of the owner or the owner’s authorized agent to respond to such calls or complaints regarding the condition, operation, or conduct of the occupants and/or guests of the short-term vacation rental unit in a timely and appropriate manner shall subject the owner to all administrative, legal, and equitable remedies available to the City. e. The owner and/or the owner’s authorized agent shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term vacation rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct or illegal activity, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit. f. The owner and/or the owner’s authorized agent shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used for overnight accommodations purposes only. This shall include using all prudent business practices to prohibit the rental to commercial party businesses. g. Prior to occupancy of a short-term vacation rental unit, the owner or the owner’s authorized agent shall: i. Obtain the contact information of the renter. ii. Provide a copy of the City’s "Good Neighbor" brochure containing these requirements to the renter. iii. Require the renter to execute a formal acknowledgement they are legally responsible for compliance by all occupants of the short- term vacation rental unit and their guests with all applicable laws, rules, and regulations pertaining to the use and occupancy of the short-term vacation rental unit. iv. The information required in subsections (A)(3)(g)(i) and (A)(3)(g)(iii) of this 298 subsection shall be maintained by the owner or the owner’s authorized agent for a period of three years and be made available upon request to any officer of the City responsible for the enforcement of any provision of the Municipal Code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short- term vacation rental unit. h. The property shall be maintained free of litter and debris. Trash and refuse shall not be left or stored within public view, except in proper containers for the purpose of collection by the City’s authorized waste hauler on scheduled trash collection days. Trash receptacles must be maintained within an enclosure and placed for pick up to comply with the provisions of HBMC 8.12.220 and 8.12.230. The size or number of containers and/or frequency of pick-up (if permitted by the City’s authorized waste hauler) shall be increased if needed to accommodate the amount of trash generated by all uses on the site. i. On-site parking shall be allowed on approved driveway, garage and/or carport areas only. Parking shall comply with all current City parking regulations. Parking of oversized vehicles must comply with the provisions of Chapter 10.32, Stopping, Standing and Parking, of the Municipal Code. j. Approved on-site parking space(s), including all enclosed garages, shall be kept free and clear to accommodate vehicular parking for renters/guests during all times the unit is in use as a short-term vacation rental. k. The number of adult occupants allowed to occupy any given short-term vacation rental unit shall be limited to two (2) per bedroom/sleeping area. l. The director shall have the authority to impose additional conditions on the use of any given short-term vacation rental to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated. m. The owner or owner’s authorized agent shall post the current short-term vacation rental permit number, a photograph of the front of the property where the short-term vacation rental unit is located, as well as the number of approved on-site parking spaces available, in any written publication or on any website that promotes the availability or existence of a short-term vacation rental unit. 4. The owner shall comply with all requirements related to a business license under Chapter 5.04, Business Licenses Generally, of the Municipal Code, and related to the transient occupancy tax under Chapter 3.32, Transient Occupancy Tax, of the Municipal Code for the operation of the short-term vacation rental. 299 B. Development Standards. Short-term vacation rentals shall conform to the following standards: 1. On-site parking shall be provided as required under Chapter 17.44. 2. A private kitchen area, shower, and toilet facilities, and at least one room/area designated as a sleeping area shall be provided in each unit. C. Violations. Violations of this section are subject to the following standards. 1. Any violation of this section shall result in issuance of an administrative citation pursuant to Chapter 1.10, Administrative Citations, Penalties, or any other legal methods of enforcement, of the Municipal Code. 2. More than three violations of this section or any of the City’s quality of life ordinances, such as noise violations, disturbing the peace, or creating a public nuisance, within a 12-month period shall be grounds for revocation of the business license and administrative permit, in accordance with provisions of the Code, provided the three violations have been affirmed by a hearing officer in the event they are appealed. D. Sunset Clause. The provisions in this section shall become inoperative on October 24, 2025, and shall be considered repealed on that date, unless the City Council of Hermosa Beach enacts a new ordinance that becomes effective on or before October 24, 2025, and which deletes or extends that date. No new or renewals of administrative permits and/or business licenses for short-term vacation rentals shall be issued after October 24, 2025, and no permitted short-term vacation rental shall have a right to operate beyond the term of the permit. 300 Pg 1 of 7 #23-1468 CITY OF HERMOSA BEACH ORDINANCE NO. 23-1468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING ZONE TEXT AMENDMENT 23-04, TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO SHORT-TERM VACATION RENTALS IN COMMERCIAL ZONES AND DETERMINE THE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONEMNTAL QUALITY ACT (CEQA) THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. On December 14, 2021, City Council adopted Ordinance No. 21- 1440, extending the Short-Term Vacation Rental Pilot Program an additional two years from the program’s adoption in 2019, and implemented revisions to clarify existing requirements. SECTION 2. The City Council held a duly noticed public hearing on September 12, 2023 to consider a text amendment to portions of Hermosa Beach Municipal Code Title 17. SECTION 3. Under Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the ordinance qualifies as a “common sense exemption” as CEQA only applies to projects which have the potential for causing a significant effect on the environment. SECTION 4. The City Council finds the proposed amendments are consistent with the City’s General Plan. The ordinance will also comply with State requirements. The amendments will not impede the City’s ability to meet its General Plan goals, and the amendments are necessary to carry out the purposes of the Zoning Ordinance, including the orderly planned use of land resources. SECTION 5. Section 17.40.230 (short-term vacation rentals) of Chapter 17.40 (Conditional Use Permits and Other Permit Standards) of Title 17 (Zoning) is repealed as the substantive provisions in this section are being relocated to Section 17.42.180. DocuSign Envelope ID: B69993A4-F873-4CEF-B9A1-79C8BD619391 301525 Pg 2 of 7 #23-1468 SECTION 6. Section 17.42.180 (Advertising of short-term rentals prohibited) of Chapter 17.42 (General Provisions, Conditions and Exceptional Uses) of Title 17 (Zoning) is amended to read as follows: 17.42.180 Short-Term Vacation Rentals. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than 30 consecutive days and for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than 30 consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration except for short- term vacation rentals in nonconforming residential dwelling units in certain commercial zones in compliance with the following requirements. No person or entity shall maintain any advertisement of a short-term rental in violation of this section, in any zone. This section sets forth requirements for the establishment and operation of short- term vacation rentals in nonconforming residential dwelling units in certain commercial zones. A. Permit and Operational Requirements. The approval of operation of a short- term vacation rental shall be subject to the following requirements: 1. Administrative Permit Required. Short-term vacation rentals may be established and operated only after an administrative permit has been approved in compliance with Chapter 17.55. The administrative permit for a short-term vacation rental shall be valid for one calendar year from the date of issuance and must be renewed annually thereafter; provided, that this section remains in effect and has not expired. a. Prior to approval or renewal of an administrative permit for operation of a short-term vacation rental, the premises shall be inspected by the building official or their designee for compliance with all applicable building and safety codes, as well as compliance with any applicable Municipal Code regulations regarding short-term vacation rentals. If the building official or their designee conducts more than two (2) inspections to verify compliance due to outstanding corrections, the applicant is subject to a reinspection fee for those additional inspections. DocuSign Envelope ID: B69993A4-F873-4CEF-B9A1-79C8BD619391 302526 Pg 3 of 7 #23-1468 b. An application for a new or renewal of an administrative permit shall include payment of all required and outstanding administrative fees. c. The application submittal shall include a list of the Uniform Resource Locations (URL) where the property is listed online, and the applicant shall keep the list current at all times. d. Short-term vacation rentals established under this section shall have no vested right to continued existence. 2. Location. Short-term vacation rentals shall only be permitted in nonconforming residential dwellings on properties zoned C-2, C-3, SPA 7, SPA 8, or SPA 11. a. For purposes of this section, a "nonconforming residential unit" shall mean a residential dwelling unit that was lawfully established and maintained as a dwelling unit as of October 24, 2019. If the unit is converted into a nonresidential use, then it shall be deemed the termination of the existing nonconforming residential use, and thereby the unit loses any nonconforming status as a residential use and loses any right to operate as a short-term vacation rental. 3. Management and Operations Plan. In addition to any other requirements for an application for an administrative permit, or any conditions of approval contained therein, the application to establish and operate a short-term vacation rental shall be accompanied by a management plan, which shall establish, to the satisfaction of the community development director (director), or their designee, the following: a. The reasonably prudent business practices that owner or owner’s authorized agent will use to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules, regulations, and permits. b. An identification plaque posted and maintained at all times, within plain view of and legible to the general public, not exceeding six square feet in size, and containing address of premises and permit number, and telephone number of Hermosa Beach Police Department dispatch for complaints regarding condition, operation or conduct of occupants of the unit. The director may alter the size requirement to ensure the plaque is legible from the adjacent public right-of-way. c. The name, address, and telephone number of a local contact person who shall be available 24 hours per day, seven days per week for the purpose of responding to City staff calls pertaining to complaints regarding the condition, operations, or conduct of DocuSign Envelope ID: B69993A4-F873-4CEF-B9A1-79C8BD619391 303527 Pg 4 of 7 #23-1468 occupants of the short-term vacation rental or their guests, and if directed by City staff, to personally proceed on site within 30 minutes from the call to resolve the problem. d. The owner or the owner’s authorized agent shall, upon notification that any occupant or guest of the short-term vacation rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit, respond in a timely and appropriate manner to immediately halt or prevent a recurrence of such conduct. Failure of the owner or the owner’s authorized agent to respond to such calls or complaints regarding the condition, operation, or conduct of the occupants and/or guests of the short-term vacation rental unit in a timely and appropriate manner shall subject the owner to all administrative, legal, and equitable remedies available to the City. e. The owner and/or the owner’s authorized agent shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short- term vacation rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct or illegal activity, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit. f. The owner and/or the owner’s authorized agent shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used for overnight accommodations purposes only. This shall include using all prudent business practices to prohibit the rental to commercial party businesses. g. Prior to occupancy of a short-term vacation rental unit, the owner or the owner’s authorized agent shall: i. Obtain the contact information of the renter. ii. Provide a copy of the City’s "Good Neighbor" brochure containing these requirements to the renter. iii. Require the renter to execute a formal acknowledgement they are legally responsible for compliance by all occupants of the short- term vacation rental unit and their guests with all applicable laws, rules, and regulations pertaining to the use and occupancy of the short-term vacation rental unit. iv. The information required in subsections (A)(3)(g)(i) and (A)(3)(g)(iii) of this subsection shall be maintained by the owner or the owner’s authorized agent for a period of three years and be made available upon request to any officer of the City responsible for the enforcement of any provision of the Municipal DocuSign Envelope ID: B69993A4-F873-4CEF-B9A1-79C8BD619391 304528 Pg 5 of 7 #23-1468 Code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short- term vacation rental unit. h. The property shall be maintained free of litter and debris. Trash and refuse shall not be left or stored within public view, except in proper containers for the purpose of collection by the City’s authorized waste hauler on scheduled trash collection days. Trash receptacles must be maintained within an enclosure and placed for pick up to comply with the provisions of HBMC 8.12.220 and 8.12.230. The size or number of containers and/or frequency of pick-up (if permitted by the City’s authorized waste hauler) shall be increased if needed to accommodate the amount of trash generated by all uses on the site. i. On-site parking shall be allowed on approved driveway, garage and/or carport areas only. Parking shall comply with all current City parking regulations. Parking of oversized vehicles must comply with the provisions of Chapter 10.32, Stopping, Standing and Parking, of the Municipal Code. j. Approved on-site parking space(s), including all enclosed garages, shall be kept free and clear to accommodate vehicular parking for renters/guests during all times the unit is in use as a short-term vacation rental. k. The number of adult occupants allowed to occupy any given short-term vacation rental unit shall be limited to two (2) per bedroom/sleeping area. l. The director shall have the authority to impose additional conditions on the use of any given short-term vacation rental to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated. m. The owner or owner’s authorized agent shall post the current short-term vacation rental permit number, a photograph of the front of the property where the short-term vacation rental unit is located, as well as the number of approved on-site parking spaces available, in any written publication or on any website that promotes the availability or existence of a short-term vacation rental unit. 4. The owner shall comply with all requirements related to a business license under Chapter 5.04, Business Licenses Generally, of the Municipal Code, and related to the transient occupancy tax under Chapter 3.32, Transient Occupancy Tax, of the Municipal Code for the operation of the short-term vacation rental. B. Development Standards. Short-term vacation rentals shall conform to the following standards: 1. On-site parking shall be provided as required under Chapter 17.44. DocuSign Envelope ID: B69993A4-F873-4CEF-B9A1-79C8BD619391 305529 Pg 6 of 7 #23-1468 2. A private kitchen area, shower, and toilet facilities, and at least one room/area designated as a sleeping area shall be provided in each unit. C. Violations. Violations of this section are subject to the following standards. 1. Any violation of this section shall result in issuance of an administrative citation pursuant to Chapter 1.10, Administrative Citations, Penalties, or any other legal methods of enforcement, of the Municipal Code. 2. More than three violations of this section or any of the City’s quality of life ordinances, such as noise violations, disturbing the peace, or creating a public nuisance, within a 12-month period shall be grounds for revocation of the business license and administrative permit, in accordance with provisions of the Code, provided the three violations have been affirmed by a hearing officer in the event they are appealed. D. Sunset Clause. The provisions in this section shall become inoperative on October 24, 2025, and shall be considered repealed on that date, unless the City Council of Hermosa Beach enacts a new ordinance that becomes effective on or before October 24, 2025, and which deletes or extends that date. No new or renewals of administrative permits and/or business licenses for short-term vacation rentals shall be issued after October 24, 2025, and no permitted short-term vacation rental shall have a right to operate beyond the term of the permit. SECTION 7. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof. SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937. DocuSign Envelope ID: B69993A4-F873-4CEF-B9A1-79C8BD619391 306530 Pg 7 of 7 #23-1468 SECTION 9. Certification. The City Clerk is directed to certify the passage and adoption of this ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED and ADOPTED on this 26th day, September 2023. Mayor Raymond A. Jackson PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: Myra Maravilla, MPA, CMC Patrick Donegan, City Clerk City Attorney DocuSign Envelope ID: B69993A4-F873-4CEF-B9A1-79C8BD619391 307531 State of California ) County of Los Angeles ) ss City of Hermosa Beach ) October 10, 2023 Certification of Council Action ORDINANCE NO. 23-1468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING ZONE TEXT AMENDMENT 23-04, TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO SHORT-TERM VACATION RENTALS IN COMMERCIAL ZONES AND DETERMINE THE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONEMNTAL QUALITY ACT (CEQA) I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do hereby certify that the above and foregoing Ordinance No. 23-1468 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 26th day of September 2023 and passed by the following vote: AYES: MAYOR JACKSON, MAYOR PRO TEM MASSEY, COUNCILMEMBERS SAEMANN, FRANCOIS, AND DETOY NOES: NONE ABSTAIN: NONE ABSENT: NONE _____________________________ Myra Maravilla, MPA, CMC City Clerk DocuSign Envelope ID: B69993A4-F873-4CEF-B9A1-79C8BD619391 308532 Short Term Vacation Rental – Public Notice Package 309 310 311 312 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0740 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 INTRODUCTION OF AN ORDINANCE AMENDING TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE ZONING TEXT AMENDMENT (ZTA 23-02-B) ADDING THE LAND VALUE RECAPTURE PROGRAM AND AMENDING CRITERIA FOR AFFORDABLE HOUSING AND CONSIDERATION OF A RESOLUTION AMENDING THE CITY MASTER FEE SCHEDULE TO ESTABLISH THE LAND VALUE RECAPTURE FEES (Community Development Director Carrie Tai) Recommended Action: Staff recommends City Council: 1.Introduce by title only and waive first reading of an Ordinance of the City of Hermosa Beach, California,approving Zoning Text Amendment (ZTA 23-02-B),to amend the Title 17 of the Hermosa Beach Municipal Code (Zoning Ordinance)to add the Land Value Recapture Program for Affordable Housing,amend certain criteria for affordable housing,and determine the actions are consistent with the PLAN Hermosa Final Environmental Impact Report pursuant to the California Environmental Quality Act (CEQA)(Attachment 1); 2.Adopt a resolution amending the City Master Fee Schedule to establish fees for the Land Value Recapture program for affordable housing and determine the action to be exempt pursuant to the California Environmental Quality Act (Attachment 2); and 3.Direct the City Clerk publish the summary ordinance. Executive Summary: At its October 10,2023 and October 24,2023 meetings,City Council conducted extensive discussions on the proposed Land Value Recapture (LVR)Program associated with the adopted 2021-2029 Housing Element and requested additional analysis and information pertaining to the program.The following provides the requested program information,proposes to incorporate the LVR Program into the Zoning Ordinance, and establishes associated fees. Background: During the development of the Housing Element programs from 2021 through 2023,staff conducted numerous meetings with the community,City Council,and Planning Commission to discuss ways to City of Hermosa Beach Printed on 12/11/2023Page 1 of 10 powered by Legistar™313 Staff Report REPORT 23-0740 numerous meetings with the community,City Council,and Planning Commission to discuss ways to develop and implement the Housing Element.At a joint meeting held on February 3,2021,the City Council and Planning Commission received a presentation from then-consultant John Douglas on general Housing Element principles,as well as strategies to facilitate the development of affordable housing. One such strategy,the Land Value Recapture (LVR)Program,was included in the Housing Element. Land Value Recapture is generally described as “capturing”a portion of the increased land value as a result of zoning changes.Initial discussions of the LVR Program were in reference to land that is “upzoned”or “intensified,”but there were no definitive zoning changes at that point.In the case of the Housing Element,the LVR Program would pertain to non-residentially zoned properties permitted to develop residential uses as part of the Housing Element implementation.The adopted 2021-2029 Housing Element committed the City to performing a feasibility study on the LVR Program. At its August 8,2023 meeting,the City Council adopted the revised 2021-2029 Housing Element, which was forwarded to the California Housing and Community Development Department (HCD)for certification.The 2021-2029 Housing Element Sites Inventory included the list of sites within the City that are anticipated to accommodate the City’s Regional Housing Needs Assessment (RHNA) allocation.The majority of these sites are non-residentially zoned properties.Because the City is past the State deadline for certification of its Housing Element,State Law now requires the City to complete zone changes prior to certification of the Housing Element. The City’s RHNA allocation is as follows, with corresponding percentages: 6th Cycle RHNA by Income Category-Hermosa Beach Income Level Very Low Low Moderate Above Moderate Total Units 232 127 106 93 558 Percentage 41.6%22.8%19%16.6%100% To effectively incentivize affordable housing units in any proposed residential development,the LVR Program must accompany the Housing Element-related zoning changes that enable residential development on non- residentially zoned properties.Staff secured the assistance of Kosmont Companies to evaluate a potential fee for the LVR program based on current land values for residential development,construction costs,and similar fees in other jurisdictions.Included in this evaluation was a feasibility analysis to ensure that the presence of an LVR Program would not disincentivize the development of residential development and instead promote development of affordable housing. The Planning Commission discussed the Housing Element-related zoning changes at its June 20,July 18,and August 15,2023 meetings,providing input on the LVR Program each time.At its September 19,2023 meeting, City of Hermosa Beach Printed on 12/11/2023Page 2 of 10 powered by Legistar™314 Staff Report REPORT 23-0740 August 15,2023 meetings,providing input on the LVR Program each time.At its September 19,2023 meeting, the Planning Commission forwarded a recommendation to City Council for approval of the program,details of which discussed in the section below. At its October 10,2023 meeting,City Council received a presentation on and discussed the proposed LVR program,including the analysis prepared by Kosmont Companies.The City Council requested staff evaluate a higher fee than initially recommended, as well as a two-tier fee structure applied to different-sized properties. At its October 24,2023 meeting,City Council conducted a public hearing on the recommended Housing Element-related zoning changes.After extensive discussion,City Council adopted the Housing Element-related changes,but deferred adding section 17.39.050 pertaining to Land Value Recapture.City Council requested staff return with additional analysis including:1)increasing the percentage of affordable units needed to qualify for exemptions from the fee;and 2)information pertaining to commercial property values versus residential property values. Past Board, Commission, and Council Actions Meeting Date Description February 3, 2021 The City Council and Planning Commission held a joint study session to provide an overview of the Housing Element update process, explanation of the State requirements for Hermosa Beach’s RHNA, to solicit comments regarding housing needs, and to receive feedback. December 21, 2021 City Council conducted a public hearing, adopted the 2021- 2029 Housing Element, and authorized submission to HCD. June 20, 2023 Planning Commission conducted a public hearing and recommended the City Council adopt the Housing Element and also discussed zoning text amendments. July 18, 2023 Planning Commission conducted a study session to discuss the proposed Zoning Text Amendment for Housing Element implementation. August 8, 2023 City Council conducted a public hearing and adopted the revised 2021-2029 Housing Element. August 15, 2023 Planning Commission conducted a study session to discuss the proposed Zoning Text Amendment for the Housing Element implementation. September 19, 2023 Planning Commission conducted a public hearing and recommended the City Council adopt the Housing Element General Plan Map Changes, Zoning Map Changes, and Zoning Text Amendment, including the LVR Program. October 10, 2023 City Council conducted a discussion on the proposed Land Value Recapture Program and provided feedback to staff. October 24, 2023 City Council approved Zone Change 23-01 and Zone Text Amendment 23-02, moving Planning Commission recommendation and deferred Section 17.39.050 from the Draft Ordinance relating to Land Value Recapture. City of Hermosa Beach Printed on 12/11/2023Page 3 of 10 powered by Legistar™315 Staff Report REPORT 23-0740 Past Board, Commission, and CouncilActionsMeeting Date DescriptionFebruary 3, 2021 The City Council and Planning Commission held a joint studysession to provide an overview of the Housing Elementupdate process, explanation of the State requirements forHermosa Beach’s RHNA, to solicit comments regardinghousing needs, and to receive feedback.December 21, 2021 City Council conducted a public hearing, adopted the 2021-2029 Housing Element, and authorized submission to HCD.June 20, 2023 Planning Commission conducted a public hearing andrecommended the City Council adopt the Housing Elementand also discussed zoning text amendments.July 18, 2023 Planning Commission conducted a study session to discussthe proposed Zoning Text Amendment for Housing Elementimplementation. August 8, 2023 City Council conducted a public hearing and adopted the revised 2021-2029 Housing Element. August 15, 2023 Planning Commission conducted a study session to discuss the proposed Zoning Text Amendment for the Housing Element implementation. September 19, 2023 Planning Commission conducted a public hearing and recommended the City Council adopt the Housing Element General Plan Map Changes, Zoning Map Changes, and Zoning Text Amendment, including the LVR Program. October 10, 2023 City Council conducted a discussion on the proposed Land Value Recapture Program and provided feedback to staff. October 24, 2023 City Council approved Zone Change 23-01 and Zone Text Amendment 23-02, moving Planning Commission recommendation and deferred Section 17.39.050 from the Draft Ordinance relating to Land Value Recapture. Discussion: The Housing Element included the LVR program to capture a portion of land value gained from adding residential development capacity to properties zoned for non-residential development.The LVR Program applies to residential or mixed-use developments proposed on non-residentially zoned properties identified in the Housing Element and on the Zoning Map as HE Overlay that do not propose a certain percentage of housing affordable to very low-,low-,or moderate-income units.In other words,the LVR Program would include an exemption option on projects proposing a certain amount of affordable housing.The primary intent of the LVR program is to incentivize the development of affordable housing to meet the City’s RHNA allocation.The second intent is to generate a local funding source to assist in any new affordable units,or to benefit a regional Housing Trust. In response to City Council requests from October 10,2023 and October 24,2023,Kosmont Companies performed an updated and expanded Land Value Recapture Analysis in December 2023, herein referred to as the “LVR Analysis”(Attachment 4). Proposed Fee As with the prior analysis,the revised LVR Analysis approaches the LVR Program fees as the equivalent value of a developer’s cost of including affordable housing in its development.The LVR Analysis considered the value of land with residential development potential,the likelihood for State density provisions to be used,housing costs,construction costs,operational costs,and various types of affordable housing funding.Specifically,the LVR Analysis compared the rent collected from affordable housing units to market rate units and determined an impact per square foot from including affordable housing in a housing development. The equivalent value in the initial analysis from October 2023 identified a range of $66 to $94 per square foot as an equivalent value that could be justified and recommended a $60 per square foot LVR fee.However,basing the LVR fee on the equivalent value would lead to a developer choosing to construct affordable units on-site or to pay the fee.Rather,City Council requested a $10 increase to City of Hermosa Beach Printed on 12/11/2023Page 4 of 10 powered by Legistar™316 Staff Report REPORT 23-0740 construct affordable units on-site or to pay the fee.Rather,City Council requested a $10 increase to the per-square-foot fee to increase motivation for including affordable housing in the project.City Council requested analysis of a two-tier fee structure,of $76 (Tier 1)and $104 (Tier 2)per square foot,to be applied to properties of 1-2 units of minimum density and 3 or more units of minimum density, respectively. The LVR Analysis evaluated this structure and determined that larger properties capable of constructing five or more units are eligible for density bonus,which increases development potential, the tiering of the two proposed LVR fees should correspond to this differentiation.Therefore,staff proposes applying the Tier 1 fee to properties with a minimum density of 1 to 4 units,and the Tier 2 fee to those with a minimum density of 5 or more units. In addition to evaluating equivalent value,the LVR Analysis evaluated the Market Feasibility to assess tolerance for the LVR fee.The Market Feasibility evaluates the cost of development/construction against the market cost of residential development.Currently,with development costs in the range of $400 to $600 per square foot,and a market price of $800 to $1,000 for residential development,the residual land value has a range of approximately $400 per square foot,with a worst case scenario of $200 to $400 per square foot range.The City’s proposed land value recapture fee would be $76 (Tier 1)/$104 (Tier 2)per square foot on market-rate only residential or mixed-use developments. The LVR Analysis acknowledges the infancy of the program and uncertain market conditions. Considering changing economic conditions and the inception of a new program,the LVR Analysis recommends regular monitoring and updates.If approved,the required fee(s)would be set by resolution of the City Council, included as Attachment 2. Affordability Percentage Initial Affordability Tier Recommendation Staff initially proposed thresholds for exemption as follows:10 percent very-low income;15 percent low income;or 20 percent moderate income units in a proposed residential or mixed-use development.The thresholds of very-low,low,and moderate units for inclusion in a residential project to qualify for exemption from the Land Value Recapture Program fee were established based on an evaluation of local market conditions in conjunction with City and State zoning and entitlement provisions.Factors evaluated include supportable lease and ownership values under the three affordability thresholds,local market rents,local dwelling unit bedroom counts and unit sizes,local property values,and State Density Bonus Law.Ultimately,the percentages were established at ratios that seek to balance the incentives to deliver one affordability threshold versus another and support the development of affordable housing units as part of a given project.The Planning Commission concurred and recommended this affordability tier. City of Hermosa Beach Printed on 12/11/2023Page 5 of 10 powered by Legistar™317 Staff Report REPORT 23-0740 Revised Affordability Tier Proposal At its October 24,2023 meeting,City Council considered the affordability tiers and requested staff evaluate increasing the tiers by 5 to 10 percent each to further the City’s goal to incentivize affordable housing.The LVR Analysis re-evaluated the percentages,along with the request from City Council’s October 10,2023 meeting to increase the proposed LVR Program fees.In evaluating the affordability tiers,the LVR Analysis also considered the newly adopted AB 1287,passed in October 2023,which further increased the density bonus allowances for projects reaching the current maximum levels of density bonus allowances.AB 1287 increases the desirability of combining different levels of affordable housing to benefit from added density,and increases waivers and concessions which allow by-right deviation from local development standards. Based on the LVR Analysis,the following affordability tiering for exemption could be justified as follows: Minimum Density Four or fewer units Five or more units Very-Low 1 affordable unit (any level)15% Low 15% Moderate 25% Moderate-Income Rental Housing/Density Bonus State Density Bonus Law allows projects with residential units to qualify for density bonus when it proposes a certain amount of affordable housing.For the moderate-income category,only for-sale units are currently eligible for density bonus.Given that over 50 percent of the Hermosa Beach population are renters (>50 percent)and over 30 percent of households fall into the moderate-income level,allowing moderate-income rental units to qualify for the density bonus program further incentivizes housing to match community characteristics.Staff recommends minor changes to Section 17.42.100(B)(3) of the HBMC for this purpose. Proposed Zoning Text Amendment Language LVR Program-Section 17.39.050 (NEW) The LVR Program would be implemented in the City’s Zoning Ordinance,within a newly created chapter that pertains to sites designated on the Housing Element Sites Inventory and also on the Zoning Map with the “HE Overlay.”The following excerpt from the proposed Zoning Text Amendment details the applicability of the LVR Program to eligible properties. 17.39.50 Land Value Recapture for Affordable Housing A.Sites designated as (--HE)that have underlying non-residential zones are subject to the City’s Land Value Recapture Program for Affordable Housing, as follows: City of Hermosa Beach Printed on 12/11/2023Page 6 of 10 powered by Legistar™318 Staff Report REPORT 23-0740 1.Proposed projects that are entirely non-residential are exempt. 2.Projects on sites with a Sites Inventory capacity are subject to the Land Value Recapture Program fee, as follows: a.For sites on the Sites Inventory with a capacity of 5 or more units: 1.Projects proposing a minimum of 15%very-low income units,15%low- income units,or 25%moderate income units,or combination thereof, (calculated from base density) shall be exempt from the fee; 2.Projects proposing a portion of the above affordability requirements shall be subject to the corresponding proportional amount of the fee. 3.Projects not proposing affordable units shall be subject to the Tier 2 fee. b.For sites on the Sites Inventory with a capacity of 1 to 4 dwelling units: 1.Projects constructing to minimum density and proposing at least 1 affordable unit (very low, low, or moderate) are exempt from the fee. 2.Projects not proposing affordable units shall be subject to the Tier 1 fee. B.The fee amounts for the Land Value Recapture Program for Affordable Housing shall be set by City Council resolution. Staff also noticed minor refinements were needed to existing language relating to the quality of affordable units as compared to market rate units.Staff proposes to incorporate minor changes to sections 17.42.100(A)(3)of the Municipal Code requiring that affordable units be dispersed throughout a development and have equivalent size and bedroom counts to comparable market rate units.The changes would also allow projects with moderate-income rental units to utilize the State Density Bonus law in a manner similar to for-sale projects. Affordable Housing Quality-Section 17.42.100(A)(3) (AMEND) 3.Compatibility.All affordable housing units shall be dispersed within market-rate projects whenever feasible.Affordable housing units within market-rate projects shall be comparable with the size and bedroom count,design,and use of market-rate units in appearance,use of materials,and finished quality.The design and appearance of the affordable housing units shall be compatible with the design of the total housing development project and consistent with the surrounding neighborhood.Forms, materials and proportions that are compatible with the character of the surroundings shall be used. B.Moderate Income-Density Bonus-Section 17.42.100(B)(2) (AMEND) 2.Applicability.The provisions of subsection (B)(1)of this section shall be applicable to residential projects of five (5)or more units,and senior citizen housing developments of at least thirty-five (35)units.Additionally,projects proposing a percentage of moderate- income rental units equivalent to the percentage of for-sale moderate income units may utilize the corresponding density bonus allowance specified in Government Code City of Hermosa Beach Printed on 12/11/2023Page 7 of 10 powered by Legistar™319 Staff Report REPORT 23-0740 Section 65915. Comparable Data from Other Jurisdictions The LVR Program is not formally considered an inclusionary housing ordinance since it does not mandate affordable housing.Over 30 percent of cities in the State of California have programs to facilitate the creation of affordable housing.Most are inclusionary housing ordinances,which mandate the inclusion of a certain percentage of affordable housing on residential developments.The following table lists select cities in Los Angeles and Orange Counties that have programs to require or incentivize affordable housing.One notable difference is that Hermosa Beach seeks to exceed the equivalency factor to motivate actual production of affordable housing. Affordable Housing Programs Jurisdiction Inclusionary Affordability Threshold Fee Fee Unit Rancho Palos VerdesYes 5-10%$308,716 Unit Santa Monica Yes 5-30%$41.39- $48.35 Sq. Ft. Long Beach Yes 11%$37.90- $38.50 Sq. Ft. Newport Beach Yes 7%$33.80- $36.60 Sq. Ft. Laguna Beach Yes 25%$247,317- $348,197 Unit Huntington BeachYes 10%$3-$36 Sq. Ft. Use of Land Value Recapture Funds The use of funds generated through the LVR Program would be used to fund creation of affordable housing in the City.This could be in the form of development subsidies for construction of new affordable housing or funding towards conversion of existing units to affordable housing.All funds would be for the purpose of funding or subsidizing affordable housing and public services supporting added population from additional housing. Furthermore,the City could also contribute to the South Bay Regional Housing Trust,which is in the process of being established by the South Bay Cities Council of Governments (SBCCOG).SBCCOG is pursuing grant funds to secure resources to form the Housing Trust,expected in late 2023.City Managers from cities within the South Bay,including Hermosa Beach,have worked for over a year on developing the framework and bylaws for a Housing Trust.The Housing Trust would be created to fund housing to assist the homeless populations and persons and families of extremely low,very low, and low income within the South Bay. City of Hermosa Beach Printed on 12/11/2023Page 8 of 10 powered by Legistar™320 Staff Report REPORT 23-0740 HCD Oversight Assembly Bill (AB)1505,passed in 2018,authorizes cities to adopt inclusionary housing ordinances that require affordable housing.AB 1505 also includes provisions for HCD review of an inclusionary housing ordinance if it requires more than 15 percent of the total number of units to be in the low- income category. The proposed LVR Program would not trigger this requirement. General Plan Consistency PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.Upon adoption,the 2021-2029 Housing Element became a component of PLAN Hermosa.The General Plan Amendment,Zone Change,and Zoning Text Amendment implement the following policies of the Housing Element. Program 7. Land Value Recapture Program Description:When land is rezoned to allow higher intensity uses,the value of that property typically increases.Land value recapture refers to a policy requiring that a portion of the increased value be dedicated to a public benefit,such as affordable housing.In connection with the rezoning process required under Program 9,the City will conduct a feasibility study to determine whether a land value recapture program should be established for the properties to be rezoned,and if so,what specific requirements are appropriate. Environmental Review Pursuant to the California Environmental Quality Act (CEQA),the City evaluated the,Zoning Changes,and Zoning Text Amendments against the PLAN Hermosa Final Environmental Impact Report (EIR)(State Clearinghouse Number 2015081009),certified on August 22,2017,and determined that an Addendum to the PLAN Hermosa Final EIR is the appropriate document for disclosing changes to the PLAN Hermosa EIR in accordance with Section 15162 through of the CEQA State Guidelines,in that there are no significant effects not previously discussed in the PLAN Hermosa Final EIR. The establishment of the Land Value Recapture fee is statutorily exempt pursuant to the California Environment Quality Act (CEQA)pursuant to CEQA Guidelines section 15378 (b)(4),which provides that CEQA does not apply to the creation of governmental funding mechanisms that do not involve a commitment to a particular project which may result in a significant impact to the environment.The fee does not identify or permit any specific future project or projects. Public Notification For the December 12,2023,City Council public hearing,a legal ad was published on November 30, 2023 in the Beach Reporter,a newspaper of general circulation.As of the writing of the report,staff has received no public comments. City of Hermosa Beach Printed on 12/11/2023Page 9 of 10 powered by Legistar™321 Staff Report REPORT 23-0740 Fiscal Impact: There is no fiscal impact associated with the recommended action.Staff does not anticipate an increase in staff time associated with the administration of the LVR Program,therefore the current precise development plan application fee would be sufficient to recover the cost of staff time. Any LVR fees to be collected would be reserved for use in support of future affordable housing projects,and would not be available for use as General Fund revenue.Because the LVR fee accompanies new land use regulations,the exact amount of LVR fees to be collected is currently unknown and unable to be projected at this time. Attachments: 1.Draft Ordinance-Zoning Text Amendment 2.Draft Resolution-LVR Fees 3.Redlined Zoning Text Amendment 4.Revised LVR Analysis-December 2023 5.Link to the February 3, 2021 Joint City Council/Planning Commission Staff Report 6.Link to the December 21, 2021 City Council Staff Report 7.Link to the June 20, 2023 Planning Commission Staff Report 8.Link to the July 11, 2023 City Council Staff Report 9.Link to the July 18, 2023 Planning Commission Staff Report 10.Link to the August 8, 2023 City Council Staff Report 11.Link to the August 15, 2023 Planning Commission Staff Report 12.Link to the September 19, 2023 Planning Commission Staff Report 13.Link to the October 10, 2023 City Council Staff Report 14.Link to the October 24, 2023 City Council Staff Report Respectfully Submitted by: Carrie Tai, AICP, Community Development Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 12/11/2023Page 10 of 10 powered by Legistar™322 Page 1 of 4 CITY OF HERMOSA BEACH ORDINANCE NO. 23-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE HERMOSA BEACH MUNICIPAL CODE TO IMPLEMENT THE LAND VALUE RECAPTURE PROGRAM FOR AFFORDABLE HOUSING AND DETERMINE PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THAT THE PROJECT IS CONSISTENT WITH THE PLAN HERMOSA ENVIRONMENTAL IMPACT REPORT THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 17.39.050 (Land Value Recapture for Affordable Housing) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: 17.39.50 Land Value Recapture for Affordable Housing A. Sites designated as (--HE) that have underlying non-residential zones are subject to the City’s Land Value Recapture Program for Affordable Housing, as follows: 1. Proposed projects that are entirely non-residential are exempt. 2. Projects on sites with a Sites Inventory capacity are subject to the Land Value Recapture Program fee, as follows: a. For sites on the Sites Inventory with a capacity of 5 or more units: 1. Projects proposing a minimum of 15% very-low income units, 15% low-income units, or 25% moderate income units, or combination thereof, (calculated from base density) shall be exempt from the fee; 2. Projects proposing a portion of the above affordability requirements shall be subject to the corresponding proportional amount of the fee. 3. Projects not proposing any affordable units shall be subject to the Tier 2 fee. b. For sites on the Sites Inventory with a capaci ty of 1 to 4 dwelling units: 1. Projects constructing to minimum density and proposing at least 1 affordable unit (very low, low, or moderate) are exempt from the fee. 323 Page 2 of 4 2. Projects not proposing any affordable units shall be subject to the Tier 1 fee. B. The fee amounts for the Land Value Recapture Program for Affordable Housing shall be set by City Council resolution. SECTION 2. Section 17.42.100(A)(3) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby amended as follows: 2. Compatibility. All affordable housing units shall be dispersed within market-rate projects. Affordable housing units within market-rate projects shall be comparable with the size and bedroom count, design, and use of market-rate units in appearance, use of materials, and finished quality. The design and appearance of the affordable housing units shall be compatible with the design of the total housing development and consistent with the surrounding neighborhood. Forms, materials and proportions that are compatible with the character of the surroundings shall be used. SECTION 3. Section 17.42.100(B)(2) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby amended as follows: 2. Applicability. The provisions of subsection (B)(1) of this section shall be applicable to residential projects of five (5) or more units, and senior citizen housing developments of at least thirty-five (35) units. Additionally, projects proposing a percentage of moderate-income rental units equivalent to the percentage of for-sale moderate income units may utilize the corresponding density bonus allowance specified in Government Code Section 65915. SECTION 4. Land Value Recapture Program. Regarding proposed Section 17.39.050, the City makes the following findings: 1. The City’s 2021-2029 Housing Element Sites Inventory identifies sites that may be used to meet the City’s Regional Housing Needs Assessment (RHNA) allocation. The City’s RHNA allocation consists of over 60 percent of units in the very low- and low-income categories. 2. Due to lack of available residentially zoned land, most of the sites in the Sites Inventory are on non-residentially zoned sites. 3. The City must amend the zoning in order to allow for residential or mixed-use development on non-residentially zoned sites. 4. The City’s Housing Element includes strategies to facilitate the creation of affordable housing, including very low-, low-, and moderate-income units. 324 Page 3 of 4 5. There are currently no affordable housing units in the City. 6. As a part of the rezoning effort, the City wishes to capture land value associated with the zoning amendments which enable residential development on non-residentially zoned sites. 7. In accordance with California Government Code 66001, the City Council finds: a. The purpose of the fee (if applicable) is to create much needed affordable residential units in the City. b. Any fees paid would be to fund the creation of affordable residential units and any associated services required by those units (open space, residential amenities, etc). c. The amount of the fee is calculated to be the equivalent cost of creating affordable residential units on-site, on non- residentially zoned properties that now have the ability to include residential development. There is a reasonable relationship to requiring properties that can now include residential development (and may be the bulk of the new residential units coming online in the City) to offset the lack of affordable units in each project with the fee. d. The City has an established need for affordable housing, as supported by the adopted 2021-2029 Housing Element. SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof is declared invalid or unconstitutional. SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937, or upon certification of the City’s 2021-2029 Housing Element (6th Cycle) by the California Department of Housing and Community Development, whichever is later. SECTION 7. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City’s book of 325 Page 4 of 4 original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED and ADOPTED on this 12th day of December, 2023. Justin Massey PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla Patrick Donegan City Clerk City Attorney 326 Page 1 of 3 RES NO. 23- CITY OF HERMOSA BEACH RESOLUTION 23-XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA AMENDING THE CITY MASTER FEE SCHEDULE TO ESTABLISH FEES FOR THE LAND VALUE RECAPTURE PROGRAM FOR AFFORDABLE HOUSING WHEREAS, at its December 12, 2023, City Council adopted an ordinance to add Section 17.39.050 to the Hermosa Beach Municipal Code, to establish the Land Value Recapture Program for affordable housing; and WHEREAS, the City produced an analysis prepared by a professional services firm with expertise in real estate and development to justify the fees associated with the Land Value Recapture Program; and WHEREAS, the City’s 2021–2029 Housing Element Sites Inventory identifies sites that may be used to meet the City’s Regional Housing Needs Assessment (RHNA) allocation. The City’s RHNA allocation consists of over 60 percent of units in the very low and low income categories; and WHEREAS, due to lack of available residentially zoned land, most of the sites in the Sites Inventory are on non-residentially zoned sites; and WHEREAS, the City must amend the zoning in order to allow for residential or mixed-use development on non-residentially zoned sites; and WHEREAS, the City’s Housing Element includes strategies to facilitate the creation of affordable housing, including very low, low, and moderate income units; and WHEREAS, there are currently no affordable housing units in the City. WHEREAS, as a part of the rezoning effort, the City wishes to capture land value associated with the zoning amendments which enable residential development on non-residentially zoned sites; and WHEREAS, in accordance with California Government Code 66001, the City Council finds: 1. The purpose of the fee (if applicable) is to create much needed affordable residential units in the City. 327 Page 2 of 3 RES NO. 23- 2. Any fees paid would be to fund the creation of affordable residential units and any associated services required by those units (open space, residential amenities, etc). 3. The amount of the fee is calculated to be the equivalent cost of creating affordable residential units on-site, on non-residentially zoned properties that now have the ability to include residential development. There is a reasonable relationship to requiring properties that can now include residential development (and may be the bulk of the new residential units coming online in the City) to offset the lack of affordable units in each project with the fee; and 4. The City has an established need for affordable housing, as supported by the adopted 2021–2029 Housing Element; and WHEREAS, the establishment of the Land Value Recapture fee is statutorily exempt pursuant to the California Environment Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 (b)(4), which provides that CEQA does not apply to the creation of governmental funding mechanisms tha t do not involve a commitment to a particular project which may result in a significant impact to the environment. The fee does not identify or permit any specific future project or projects. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. City Council hereby amends the City’s Master Fee Schedule to establish a Land Value Recapture Fee (Tier 1) of $76 per square foot for the following: 1) Development projects on properties with a minimum density of 4 units or fewer and proposing less than 1 dwelling unit of affordable (very-low, low, or moderate income) housing. SECTION 2. City Council hereby amends the City’s Master Fee Schedule to establish a Land Value Recapture Fee (Tier II) of $104 per square foot for development projects on properties with a minimum density of 5 units or more proposing less than 15 percent very-low income, 15 percent low income, or 25 percent moderate-income units. PASSED, APPROVED, and ADOPTED on this 12th day of December , 2023. 328 Page 3 of 3 RES NO. 23- Mayor Justin Massey PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla Patrick Donegan City Clerk City Attorney 329 Section 17.39.050 (Land Value Recapture for Affordable Housing) is hereby added to Title 17 (Zoning) of the Hermosa Beach Municipal Code to read as follows: 17.39.50 Land Value Recapture for Affordable Housing A. Sites designated as (--HE) that have underlying non-residential zones are subject to the City’s Land Value Recapture Program for Affordable Housing, as follows: 1. Proposed projects that are entirely non-residential are exempt. 2. Projects on sites with a Sites Inventory capacity are subject to the Land Value Recapture Program fee, as follows: a. For sites on the Sites Inventory with a capacity of 5 or more units: 1. Projects proposing a minimum of 15% very-low income units, 15% low-income units, or 25% moderate income units, or combination thereof, (calculated from base density) shall be exempt from the fee; 2. Projects proposing a portion of the above affordability requirements shall be subject to the corresponding proportional amount of the fee. 3. Projects not proposing any affordable units shall be subject to the Tier 2 fee. b. For sites on the Sites Inventory with a capacity of 1 to 4 dwelling units: 1. Projects constructing to minimum density and proposing at least 1 affordable unit (very low, low, or moderate) are exempt from the fee. 2. Projects not proposing any affordable units shall be subject to the Tier 1 fee. B. The fee amounts for the Land Value Recapture Program for Affordable Housing shall be set by City Council resolution. Section 17.42.100(A)(3) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby amended as follows: Compatibility. All affordable housing units shall be dispersed within market- rate projects. Affordable housing units within market-rate projects shall be comparable with the size and bedroom count, design, and use of market-rate units in appearance, use of materials, and finished quality. The design and appearance of the affordable housing units shall be compatible with the design of the total housing development and consistent with the surrounding neighborhood. Forms, materials and proportions that are compatible with the character of the surroundings shall be used. 330 Section 17.42.100(B)(2) of Title 17 (Zoning) of the Hermosa Beach Municipal Code is hereby amended as follows: 2. Applicability. The provisions of subsection (B)(1) of this section shall be applicable to residential projects of five (5) or more units, and senior citizen housing developments of at least thirty-five (35) units. Additionally, projects proposing a percentage of moderate-income rental units equivalent to the percentage of for-sale moderate income units may utilize the corresponding density bonus allowance specified in Government Code Section 65915. 331 LAND VALUE RECAPTURE ANALYSIS HERMOSA BEACH, CA December 2023 Prepared By: KOSMONT COMPANIES 1601 N. Sepulveda Blvd. #382 Manhattan Beach, CA 90266 Telephone: (424) 297-1070 www.kosmont.com 332 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS Table of Contents 1.0 Background & Summary ................................................................................................. 3 2.0 Fee Equivalency ............................................................................................................. 4 2.1 Maximum Monthly Housing Expenditures (Multifamily / For Rent) ................................ 4 2.2 Market Unit Size, Distribution, & Rent .......................................................................... 5 2.3 State Density Bonus Provisions ................................................................................... 5 2.4 Impact on Rental Revenue ........................................................................................... 6 2.5 Capitalized Value ......................................................................................................... 7 2.6 Value Impact Per Square Foot ..................................................................................... 7 2.7 For Sale Developments ............................................................................................... 8 3.0 Market Capacity ............................................................................................................. 9 3.1 Incremental Value ........................................................................................................ 9 4.0 Hypothetical Development Program Pro Forma .............................................................11 5.0 Appendices ...................................................................................................................21 Appendix A: Calculation of Maximum Monthly Housing Expenditures / Rent .........................22 Appendix B: Sample Rent & Unit Size Comparables .............................................................23 Appendix C: Estimated Value Impact Per Square Foot for Different Unit Counts ...................25 Appendix D: Estimated Value Impact Per Square Foot for One to Four Units ........................26 Appendix E: Hypothetical Development Pro Forma ...............................................................27 Index of Tables & Figures Table 1: Household Size, Income Adjustment, & Monthly Utility Allowance Assumptions .......... 4 Table 2: Estimated Maximum Monthly Rent for Very Low-, Low-, and Moderate-Income Households ................................................................................................................................ 5 Table 3: Assumed Unit Size & Distribution, Market Rent ............................................................ 5 Table 4: Average Rent (Including Income Restricted Units) ....................................................... 6 Table 5: Delta Between Market & Average Rent ........................................................................ 7 Table 6: Estimated Capitalized Impact to Value of Including Income Restricted Units ................ 7 Table 7: Gross Leasable Square Feet ........................................................................................ 8 Table 8: Value Impact Per Square Foot ..................................................................................... 8 Figure 1: Hypothetical Small Site Pro Forma – Market Rate Project (LVR Fee Paid) ................12 Figure 2: Hypothetical Medium Site Pro Forma – Market Rate Project (LVR Fee Paid) .............13 Figure 3: Hypothetical Medium Site Pro Forma – Project w/ Very Low-Income Unit(s) ..............14 Figure 4: Hypothetical Medium Site Pro Forma – Project w/ Moderate-Income Unit(s)..............15 Figure 5: Hypothetical Medium Site Pro Forma –Very Low- & Moderate-Income Unit(s) ...........16 Figure 6: Hypothetical Large Site Pro Forma – Market Rate Project (LVR Fee Paid) ................17 Figure 7: Hypothetical Large Site Pro Forma – Project w/ Very Low-Income Unit(s) .................18 Figure 8: Hypothetical Large Site Pro Forma – Project w/ Moderate-Income Unit(s) .................19 Figure 9: Hypothetical Large Site Pro Forma – Very Low- & Moderate-Income Unit(s) .............20 333 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 3 1.0 Background & Summary The City of Hermosa Beach (“City”) retained Kosmont Companies (“Kosmont”) to evaluate potential provisions of the City’s proposed Land Value Recapture (“LVR”) program. The LVR program seeks to retain portions of land value added to properties within certain commercial corridors on which the City may allow residential development through rezoning actions. The LVR program is intended to produce affordable housing within the City. Under the LVR program, developments would pay a fee to support the development of affordable housing units elsewhere in the City or alternatively, include affordable housing within the project. This document (“Analysis”) summarizes the analysis completed in evaluating potential LVR program elements and includes three primary elements: (i) an analysis of the estimated equivalency of the fee versus the economics of including affordable units in a given project, (ii) a discussion of the proposed fee amounts and ability of the market to support the same, and (iii) order of magnitude pro forma for hypothetical developments illustrating the potential economics of the LVR program. Pursuant to guidance from the City Council and City leadership, the LVR program evaluated herein is framed around a requirement that residential projects include a set-aside of (i) 15% very low-income units, (ii) 15% low-income units, (iii) 25% moderate-income units, or alternatively (iv), pay a fee of approximately $76 per net residential square foot for project with four or fewer dwelling units, or approximately $104 for developments with five or more dwelling units. While every development is relatively unique, pursuant to the Analysis highlighted herein, these potential fee amounts are generally thought to be sufficient to induce some projects to include affordable housing units as part of a given development. Some projects would also be expected to elect to pay the fee rather than include affordable units. Additionally, the fee appears low enough so as not to obstruct the development of residential uses in newly eligible areas of the City. Finally, it is expected that the City will need to regularly revisit the amount of the fee, and potentially the exemption set-aside requirements, as fundamental inputs and calculations highlighted in this Analysis will change over time. 334 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 4 2.0 Fee Equivalency The first element of the Analysis summarized herein is the calculation of the general economic equivalency of including a prescribed percentage and depth of (very low-, low-, or moderate- income) affordable housing within a given development versus a set fee. This calculation is not an evaluation of what the market can bear, but rather an estimate of the effective cost of requiring a development to restrict units to 15% very low-, 15% low-, or 25% moderate-income households. The assumptions presented in this section represent one of multiple potential development scenarios evaluated as part of the Analysis completed, though could generally be considered a baseline set of assumptions. The assumptions herein are based on a review and modeling of inputs including real estate market conditions specific to the City, current affordable housing guidelines in the State of California (“State”), Los Angeles County Development Authority (“LACDA”) guidance on monthly housing expenditures for utilities, and the potential relationship between the LVR program and State Density Bonus Law (“Density Bonus”, Government Code § 65915 – 65918), including recent changes under Assembly Bill 1287 (“AB 1287”). 2.1 Maximum Monthly Housing Expenditures (Multifamily / For Rent) Maximum monthly affordable housing expenditures were calculated based on Health & Safety Code § 50053 which provides that very low-, low-, and moderate-income households shall not expend more than 30% of 50%, 60%, and 110% of the area median income (“AMI”) on housing, respectively. The AMI for Los Angeles County as published by the California Department of Housing and Community Development (“HCD”) is $98,200 for 2023. The calculated amounts were adjusted for unit sizes (bedrooms) and household size (persons) based on HCD guidance. To determine the maximum amount of monthly rent as a share of total housing expenditures, allowances for utilities as published by LACDA for the 2023 all electric schedule were deducted from the calculated amounts. It was assumed that the cost of trash service would be included in rent. The household size assumptions and utility allowances follow in Table 1 below. Table 1: Household Size, Income Adjustment, & Monthly Utility Allowance Assumptions Source: HCD, LACDA, Kosmont (2023) Based on these factors, the maximum monthly rent for very low-, low-, and moderate-income households were calculated as provided in Table 2 below. Additional details are provided in Appendix A: Calculation of Maximum Monthly Housing Expenditures / Rent on page 22. Studio 1 2 3 Household Size (Persons)1 2 3 4 Household Size Adjustment 70% 80% 90% 100% Monthly Utility Allowance 151$ 185$ 220$ 267$ Bedrooms 335 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 5 Table 2: Estimated Maximum Monthly Rent for Very Low-, Low-, and Moderate-Income Households Source: HCD, HSC § 50053, LACDA, Kosmont (2023) 2.2 Market Unit Size, Distribution, & Rent Based on a review of data from sources including CoStar, Rent.com, Zillow, and the Los Angeles County Office of the Assessor, assumptions on the square footage of units of different sizes (bedrooms), the ratio of unit sizes, and market rents were developed. A summary of these assumptions follows in Table 3 below and additional information on sample comparables is provided in Appendix B: Sample Rent & Unit Size Comparables on page 23. For reference, monthly market rents are based on rates of $4.75 / $4.50 / $4.00 / $3.75 per square foot for studio / one-bedroom / two-bedroom / three-bedroom units, respectively, and are considered moderately conservative relative to general market comparables in the City. Table 3: Assumed Unit Size & Distribution, Market Rent Source: CoStar, Kosmont, Rent.com, Zillow (2023) 2.3 State Density Bonus Provisions Density Bonus law allows residential developments that include income restricted units to develop more units than may otherwise be provided under City density regulations. The increase in total units allowed is based on the percentage and depth of affordability provided. Density Bonus law applies to developments with five or more units, includes a roundup provision on calculations, and provides for other concessions by right including increases in height, and reductions in setback requirements. For reference Density Bonus provisions for moderate income units generally only apply to for sale product, however, the City proposes to permit Density Bonus provisions to apply to moderate income for rent product as well. The following are examples of how Density Bonus provisions can be applied, assuming a residential development with 100 “base” dwelling units: • If 15 units were restricted to very low-income households, a total of 150 units could be developed. Studio 1 2 3 Very Low 708$ 797$ 885$ 961$ Low 880 993 1,106 1,206 Moderate 1,739 1,975 2,210 2,434 Maximum Monthly Rent Bedrooms Studio 1 2 3 R atio 15% 45% 35% 5% Square Feet 475 700 950 1,150 Market Rent 2,256$ 3,150$ 3,800$ 4,313$ Bedrooms 336 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 6 • If 15 units were restricted to low-income households, a total of 128 units could be developed. • If 25 units were restricted to moderate-income households, a total of 120 units could be developed. The calculations in this Summary assume that a development including a sufficient number of affordable units to be exempt from the LVR fee would utilize the benefits of Density Bonus Law. The contemplated LVR program requirement of 15% very low-, 15% low-, or 25% moderate- income units would entitle a developer to increase the total number of units in a development by 50%, 27.5%, and 20.0%, respectively. For reference, AB 1287 was recently codified, and provides for additional increases in density should projects maximize very low-, low-, or moderate-income unit dedications and bonuses (15%, 24%, and 44% respectively). Under those circumstances additional bonuses for very low- or moderate-income units are permitted to be developed and additional bonuses are available. Kosmont modeled the provisions of AB 1287 and found the provisions to be accretive for some of the hypothetical development programs. Ultimately the potential benefit of the new provisions may depend on the capacity to efficiently fit additional units on a given site. 2.4 Impact on Rental Revenue Despite the accretive provisions of Density Bonus law, the inclusion of affordable units within a residential development was generally found to have a negative impact on overall rental revenue. It is assumed that market-rate and affordable units will have similar operating costs. The overall impact to blended gross rent is provided below in Table 4. For reference, the figures are compared to assumed market rents illustrated above, and blended figures are weighted averages based on unit bedroom count distributions / ratios illustrated in Table 3 above. Table 4: Average Rent (Including Income Restricted Units) Source: Kosmont (2023) Calculation: ((Market Rent x Market Units) + (Affordable Rent x Affordable Units)) / Total Units As illustrated in Table 5 below, this calculation provides that a 115-unit residential development that included 25 units restricted to moderate income households with 15% studio / 45% one- bedroom / 35% two-bedroom / 5% three-bedroom units would realize an average reduction in gross revenue of $262 for each of the 115 units, each month. Average Rent Studio 1 2 3 Blended Very Low 2,101$ 2,915$ 3,508$ 3,977$ 3,054$ Low 2,095 2,897 3,484 3,948 3,035 Moderate 2,149 2,905 3,469 3,921 3,040 Bedrooms 337 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 7 Table 5: Delta Between Market & Average Rent Source: Kosmont (2023) Calculation: Market Rent – Average Rent 2.5 Capitalized Value Multifamily real estate is generally valued based on capitalization (“cap”) rates whereby the present value of a given property is equal to the net annual rental income divided by the cap rate. Cap rates represent the initial rate of return on the total cost of project investment. Cap rates in the City are generally lower than other regional markets, indicating that investors are willing to pay more for properties in the City than they would for another property with the same income stream in an inferior market with more perceived risk. In this step of the Analysis, the impact of the inclusion of affordable housing units within a given development was evaluated on a present value basis utilizing a hypothetical 4.5% cap rate. This rate is higher than recent multifamily property transactions in the City, however is thought to be reasonable on a forward-looking basis as cap rates are increasing due to increases in interest rates and required rates of return. For reference, a lower assumed cap rate would increase the value impact per square foot discussed in Section 2.6 below. The total value / cost impacts based on a 150-, 128-, and 120-unit development that included 15% very low-, 15% low-, or 25% moderate-income units, respectively is provided in Table 6 below (figures have been rounded). Table 6: Estimated Capitalized Impact to Value of Including Income Restricted Units Source: Kosmont (2023) Calculation: Delta Between Market & Average Rent x Total Units 2.6 Value Impact Per Square Foot The final step of this method of evaluation is to consider the impact to value on a per square foot basis. The total leasable square footage, and impact to value on a per square foot basis are illustrated in Table 7 and Table 8 below. These figures reflect the unit square footages identified Delta From Market Studio 1 2 3 Blended Very Low 155$ 235$ 292$ 335$ 248$ Low 161 253 316 364 267 Moderate 108 245 331 391 262 Bedrooms Studio 1 2 3 Blended Very Low 6,200,000$ 9,400,000$ 11,700,000$ 13,400,000$ 9,900,000$ Low 5,500,000 8,600,000 10,800,000 12,400,000 9,100,000 Moderate 3,400,000 7,800,000 10,600,000 12,500,000 8,400,000 Capitalized Impact to Value Bedrooms 338 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 8 in Table 3 above, and the total unit counts identified in Section 2.3 above (e.g., a 150-, 128-, and 120-unit development). Table 7: Gross Leasable Square Feet Source: Kosmont (2023) Calculation: Unit Square Feet x Total Units Table 8: Value Impact Per Square Foot Source: Kosmont (2023) Calculation: Capitalized Impact to Value / Gross Leasable Square Feet Based on the blended rates in Table 8 above, and given the assumptions identified herein, levying a fee of $86 – 92 per net (leasable) square foot of residential development would conceptually be considered economically equivalent to a developer as delivering affordable housing as part of a given development (assuming a 100-dwelling unit project before considering density bonuses). A table and chart showing the estimated equivalency for different project sizes / dwelling unit counts can be found in Appendix C: Estimated Value Impact Per Square Foot for Different Unit Counts on page 25. Additionally, figures for developments with one to four units for which Density Bonus provisions do not apply is provided in Appendix D: Estimated Value Impact Per Square Foot for One to Four Units on page 26. 2.7 For Sale Developments The equivalency figures presented in this Summary are based on an evaluation of the potential impact to value of requiring the various percentages of affordable housing in a given multifamily (rental) development versus an exclusively market rate development. The impact of requiring affordable housing as part of a for sale development is generally considered to be greater than the figures presented herein. Given current real estate market conditions, it is expected that the developer of a for sale project would likely opt to pay the fee rather than include affordable housing in such development. However, each development has unique economics. Studio 1 2 3 Blended Very Low 71,250 105,000 142,500 172,500 116,438 Low 60,800 89,600 121,600 147,200 99,360 Moderate 57,000 84,000 114,000 138,000 93,150 BedroomsGross Leasable SF Studio 1 2 3 Blended Very Low 87$ 90$ 82$ 78$ 86$ Low 91 96 89 84 92 Moderate 60 93 93 91 88 Value Impact / SF Bedrooms 339 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 9 3.0 Market Capacity In this section the question of the market’s capacity to support an LVR fee is discussed. The City proposes to allow the development of residential use where such use is not currently permitted so long as such residential use either includes a component of affordable housing or an LVR fee is paid to support the development of affordable housing elsewhere. The City is not considering requiring owners to develop residential uses on their property. Rather, the City is adding a right and value to certain areas of the City, with the condition that a portion of the incremental value conveyed be used to support affordable housing for residents of the City. Every property and potential development is relatively unique. If adding residential use to a given property does not make economic sense, that property owner should not, and is not required to add such use. Regardless of the LVR fee ultimately levied, or amount of affordable housing required to be provided in a given development under the proposed policy, eligible properties and their owners would at worst be left at status quo. No existing property rights are proposed to be constrained or eliminated in any way. Property owners only have the potential to benefit from the LVR program, and the quantity of housing delivered within the City only has the potential to increase. 3.1 Incremental Value As part of the Analysis, recent commercial and residential property transactions were reviewed. In general, of the sales reviewed, most properties sold for between ~$700 - 1,500 per gross* square foot. Based on the data reviewed, values of $800 - 1,000 per gross square foot were considered indicative of typical market performance, and the higher end of this range could readily be ascribed to newer, quality product. To evaluate the potential incremental value of the LVR program, the incremental value of newly permissible residential development (perhaps $800 to $1,000 per gross square foot, or more) can be compared to the cost of development. Construction costs can vary widely from project to project based on factors such as site prep required, construction type / materials, the quality of finishes, etc. Broadly, for the purposes of this analysis, a cost range of $400 to $600 per net square foot (excluding land) may be applicable, and this figure conceptually includes typical building permit fees, financing costs, and contractor overhead. It is possible to build many product types such as tract homes or basic additions for substantially less, and it can certainly cost substantially more to build high end or highly engineered product. *The conversion of gross to net square foot can vary substantially, but efficiency factors approaching 80% are common for larger buildings with interior corridors and indoor amenities, and higher ratios are possible for buildings with exterior corridors and without indoor amenities. 340 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 10 Given a potential value of $800 to $1,000 per gross square foot, and development costs of $400 to $600 per net square foot (excluding land), the net residual value or incremental value of adding residential use to a property could conceptually range from $400 to $600 per square foot of residential use, before accounting for net versus gross building area. The lower, or worst case from the assumptions above would yield $200 to $400 per square foot in new / incremental value before any potential adjustment for gross versus net square feet ($800 – $600 = $200, or $1,000 - $600 = $400). For illustrative purposes only, should the City elect to levy an LVR fee of $100 per net square foot, the remaining incremental / residual value would be $100 to $300 per square foot of building area (given a building with a 100% gross to net efficiency). Assuming the owner of a small property was considering adding a single, 950 square foot two-bedroom unit above an existing commercial use, if the unit could be developed within a budget of $600 per square foot ($570,000), and the unit were valued at $900 per square foot ($855,000), the property owner would yield a net benefit of $190,000, after considering the LVR fee of $100 per square foot. This residual / new incremental value of $190,000 would be purely attributable to the City allowing residential uses in areas where such uses are not currently allowed. Thus, in this perhaps moderately conservative example, the City would retain $95,000 or 1/3rd of the value being conveyed (for the duration of the affordability covenants), and $190,000 or 2/3rds of the balance of the value being conveyed would be retained by the property owner (100% after the expiration of the affordability covenants). Alternatively, a property owner could elect not to develop residential uses on their property and pursue the continuation of existing uses or other uses as currently permitted by right, without realizing any diminution in value. 341 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 11 4.0 Hypothetical Development Program Pro Forma In this section a series of high-level proforma are provided illustrating hypothetical development programs on a sample “small”, “medium”, and “large” site. For each hypothetical site, first a base case with all market rate units (wherein the LVR fee is paid) is evaluated, and subsequently hypothetical programs that include affordable housing are provided. Additionally, three hypothetical affordable housing pro forma were prepared for the medium and large site, and they evaluate the performance of a project with (i) very low-income units, (ii) moderate-income units, or (iii) a combination of very low- and moderate-income units as permitted under AB 1287. The sites and programs presented are theoretical in nature, and prepared without the benefit of massing studies or order of magnitude construction cost estimates. They are intended to be for general demonstration purposes only. At the bottom of each pro forma, a “Return on Cost” figure is provided, and is one of many measures of potential profitability for a given project. In general, for projects of the scale evaluated herein, a Return on Cost of 8 – 12% or more would suggest a hypothetical development program may be financially feasible to a typical developer. Finally, the same pro forma for the medium and large sites are presented side-by-side in Appendix E: Hypothetical Development Pro Forma on page 27 for easier comparison. 342 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 12 Figure 1: Hypothetical Small Site Pro Forma – Market Rate Project (LVR Fee Paid) Source: Kosmont (2023) Property Profile Description of Improvements Lot Area 3,250 SF Existing Improvements 1,750 SF 900$ /SF 1,575,000$ Existing Parking 8 Stalls (Tandem) Existing Value 1,575,000$ Proposed Program Description Commercial 1,750 SF Residential 1,650 SF Parking 8 Stalls (Tandem) Base Residential Units 2 DU Affordable Units - DU Density Bonus Units - DU Total Units 2 DU (Two Bedroom Units) Development Value Commercial 1,750 SF 1,000$ /SF 1,750,000$ Market Rate Residential 1,650 SF 950 /SF 1,567,500 Affordable Residential - SF - /SF - Total 3,317,500$ Development Costs Site Acquisition 1,750 SF 900$ /SF 1,575,000$ Commercial 1,750 SF 150 /SF 262,500 Residential 1,650 SF 600 /SF 990,000 Parking - SF - /SF - LVR Fee 1,650 SF 76 /SF 125,400 Total 2,952,900$ Net Margin 12.3%Return on Cost 364,600$ Keep existing first floor commercial, add one story of residential, no affordable units Existing commercial / store front retail or office use Market Rate Project (LVR Fee Paid) 343 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 13 Figure 2: Hypothetical Medium Site Pro Forma – Market Rate Project (LVR Fee Paid) Source: Kosmont (2023) Property Profile Description of Improvements Lot Area 8,500 SF Existing Improvements 5,000 SF 800$ /SF 4,000,000$ Existing Parking 15 Stalls Existing Value 4,000,000$ Proposed Program Description Commercial 5,000 SF Residential 5,000 SF Parking 15 Stalls Base Residential Units 6 DU Affordable Units - DU Density Bonus Units - DU Total Units 6 DU (One & Two Bedroom Units) Development Value Commercial 5,000 SF 900$ /SF 4,500,000$ Market Rate Residential 5,000 SF 950 /SF 4,750,000 Affordable Residential - SF - /SF - Total 9,250,000$ Development Costs Site Acquisition 5,000 SF 800$ /SF 4,000,000$ Site Clearance - SF - /SF - Commercial 5,000 SF 400 /SF 2,000,000 Residential 5,000 SF 500 /SF 2,500,000 Parking - SF - /SF - LVR Fee 5,000 SF 104 /SF 520,000 Total 9,020,000$ Net Margin 2.5%Return on Cost 230,000$ Existing commercial / store front retail or office use Replace first floor commercial, add one story of residential, no affordable units Market Rate Project (LVR Fee Paid) 344 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 14 Figure 3: Hypothetical Medium Site Pro Forma – Project w/ Very Low-Income Unit(s) Source: Kosmont (2023) Property Profile Description of Improvements Lot Area 8,500 SF Existing Improvements 5,000 SF 800$ /SF 4,000,000$ Existing Parking 15 Stalls Existing Value 4,000,000$ Proposed Program Description Commercial 5,000 SF Residential 8,100 SF Parking 15 Stalls Base Residential Units 6 DU Affordable Units 1 DU 17%Affordable Density Bonus Units 3 DU Total Units 9 DU (Two Bedroom Units) Development Value Commercial 5,000 SF 900$ /SF 4,500,000$ Market Rate Residential 7,200 SF 925 /SF 6,660,000 Affordable Residential 900 SF - /SF - Total 11,160,000$ Development Costs Site Acquisition 5,000 SF 800$ /SF 4,000,000$ Site Clearance - SF - /SF - Commercial 5,000 SF 400 /SF 2,000,000 Residential 8,100 SF 500 /SF 4,050,000 Parking 3,500 SF 125 /SF 437,500 LVR Fee 8,100 SF - /SF - Total 10,487,500$ Net Margin 6.4%Return on Cost 672,500$ Project w/ Very Low-Income Unit(s) Existing commercial / store front retail or office use Replace first floor commercial, add one or two stories of residential, one very low unit 345 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 15 Figure 4: Hypothetical Medium Site Pro Forma – Project w/ Moderate-Income Unit(s) Source: Kosmont (2023) Property Profile Description of Improvements Lot Area 8,500 SF Existing Improvements 5,000 SF 800$ /SF 4,000,000$ Existing Parking 15 Stalls Existing Value 4,000,000$ Proposed Program Description Commercial 5,000 SF Residential 7,600 SF Parking 15 Stalls Base Residential Units 6 DU Affordable Units 2 DU 33%Affordable Density Bonus Units 2 DU Total Units 8 DU (Two Bedroom Units) Development Value Commercial 5,000 SF 900$ /SF 4,500,000$ Market Rate Residential 5,700 SF 925 /SF 5,272,500 Affordable Residential 1,900 SF 425 /SF 807,500 Total 10,580,000$ Development Costs Site Acquisition 5,000 SF 800$ /SF 4,000,000$ Site Clearance - SF - /SF - Commercial 5,000 SF 400 /SF 2,000,000 Residential 7,600 SF 500 /SF 3,800,000 Parking 3,500 SF 125 /SF 437,500 LVR Fee 7,600 SF - /SF - Total 10,237,500$ Net Margin 3.3%Return on Cost 342,500$ Project w/ Moderate-Income Unit(s) Existing commercial / store front retail or office use Replace first floor commercial, add one or two stories of residential, two moderate units 346 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 16 Figure 5: Hypothetical Medium Site Pro Forma – Project w/ Very Low- & Moderate-Income Unit(s) Source: Kosmont (2023) Property Profile Description of Improvements Lot Area 8,500 SF Existing Improvements 5,000 SF 800$ /SF 4,000,000$ Existing Parking 15 Stalls Existing Value 4,000,000$ Proposed Program Description Commercial 5,000 SF Residential 9,900 SF Parking 15 Stalls Base Residential Units 6 DU Affordable Units 2 DU 33% Density Bonus Units 6 DU Total Units 12 DU (One & Two Bedroom Units) Development Value Commercial 5,000 SF 875$ /SF 4,375,000$ Market Rate Residential 8,250 SF 950 /SF 7,837,500 Affordable Residential 1,650 SF 225 /SF 371,250 Total 12,583,750$ Development Costs Site Acquisition 5,000 SF 800$ /SF 4,000,000$ Site Clearance - SF - /SF - Commercial 5,000 SF 400 /SF 2,000,000 Residential 9,900 SF 525 /SF 5,197,500 Parking 3,500 SF 125 /SF 437,500 LVR Fee 9,900 SF - /SF - Total 11,635,000$ Net Margin 8.2%Return on Cost 948,750$ Project w/ Very Low- & Moderate-Income Existing commercial / store front retail or office use Replace first floor commercial, add two stories of residential, one very low, one moderate unit 347 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 17 Figure 6: Hypothetical Large Site Pro Forma – Market Rate Project (LVR Fee Paid) Source: Kosmont (2023) Property Profile Description of Improvements Lot Area 15,000 SF 250$ /SF 3,750,000$ Existing Improvements 5,000 SF Existing Parking - Stalls Existing Value 3,750,000$ Proposed Program Description Commercial 3,500 SF Residential 11,400 SF Parking 30 Stalls Base Residential Units 12 DU Affordable Units - DU Density Bonus Units - DU Total Units 12 DU (Two Bedroom Units) Development Value Commercial 3,500 SF 900$ /SF 3,150,000$ Market Rate Residential 11,400 SF 925 /SF 10,545,000 Affordable Residential - SF - /SF - Total 13,695,000$ Development Costs Site Acquisition 15,000 SF 250$ /SF 3,750,000$ Site Clearance 5,000 SF 50 /SF 250,000 Commercial 3,500 SF 400 /SF 1,400,000 Residential 11,400 SF 450 /SF 5,130,000 Parking 11,500 SF 100 /SF 1,150,000 LVR Fee 11,400 SF 104 /SF 1,185,600 Total 12,865,600$ Net Margin 6.4%Return on Cost 829,400$ Replace first floor commercial, add two stories of residential, no affordable units Market Rate Project (LVR Fee Paid) Existing commercial / store front retail or office use 348 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 18 Figure 7: Hypothetical Large Site Pro Forma – Project w/ Very Low-Income Unit(s) Source: Kosmont (2023) Property Profile Description of Improvements Lot Area 15,000 SF 250$ /SF 3,750,000$ Existing Improvements 5,000 SF Existing Parking - Stalls Existing Value 3,750,000$ Proposed Program Description Commercial 3,500 SF Residential 17,100 SF Parking 30 Stalls Base Residential Units 12 DU Affordable Units 2 DU 17%Affordable Density Bonus Units 6 DU Total Units 18 DU (Two Bedroom Units) Development Value Commercial 3,500 SF 900$ /SF 3,150,000$ Market Rate Residential 15,200 SF 925 /SF 14,060,000 Affordable Residential 1,900 SF - /SF - Total 17,210,000$ Development Costs Site Acquisition 15,000 SF 250$ /SF 3,750,000$ Site Clearance 5,000 SF 50 /SF 250,000 Commercial 3,500 SF 400 /SF 1,400,000 Residential 17,100 SF 450 /SF 7,695,000 Parking 11,500 SF 100 /SF 1,150,000 LVR Fee 17,100 SF - /SF - Total 14,245,000$ Net Margin 20.8%Return on Cost 2,965,000$ Replace first floor commercial, add two or three stories of residential, two very low units Project w/ Very Low-Income Unit(s) Existing commercial / store front retail or office use 349 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 19 Figure 8: Hypothetical Large Site Pro Forma – Project w/ Moderate-Income Unit(s) Source: Kosmont (2023) Property Profile Description of Improvements Lot Area 15,000 SF 250$ /SF 3,750,000$ Existing Improvements 5,000 SF Existing Parking - Stalls Existing Value 3,750,000$ Proposed Program Description Commercial 3,500 SF Residential 14,250 SF Parking 30 Stalls Base Residential Units 12 DU Affordable Units 3 DU 25%Affordable Density Bonus Units 3 DU Total Units 15 DU (Two Bedroom Units) Development Value Commercial 3,500 SF 900$ /SF 3,150,000$ Market Rate Residential 11,400 SF 925 /SF 10,545,000 Affordable Residential 2,850 SF 425 /SF 1,211,250 Total 14,906,250$ Development Costs Site Acquisition 15,000 SF 250$ /SF 3,750,000$ Site Clearance 5,000 SF 50 /SF 250,000 Commercial 3,500 SF 400 /SF 1,400,000 Residential 14,250 SF 450 /SF 6,412,500 Parking 11,500 SF 100 /SF 1,150,000 LVR Fee 14,250 SF - /SF - Total 12,962,500$ Net Margin 15.0%Return on Cost 1,943,750$ Replace first floor commercial, add two stories of residential, three moderate units Project w/ Moderate-Income Unit(s) Existing commercial / store front retail or office use 350 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 20 Figure 9: Hypothetical Large Site Pro Forma – Project w/ Very Low- & Moderate-Income Unit(s) Source: Kosmont (2023) Property Profile Description of Improvements Lot Area 15,000 SF 250$ /SF 3,750,000$ Existing Improvements 5,000 SF Existing Parking - Stalls Existing Value 3,750,000$ Proposed Program Description Commercial 3,500 SF Residential 19,800 SF Parking 30 Stalls Base Residential Units 12 DU Affordable Units 4 DU 33%Affordable Density Bonus Units 12 DU Total Units 24 DU (One & Two Bedroom Units) Development Value Commercial 3,500 SF 875$ /SF 3,062,500$ Market Rate Residential 16,500 SF 950 /SF 15,675,000 Affordable Residential 3,300 SF 225 /SF 742,500 Total 19,480,000$ Development Costs Site Acquisition 15,000 SF 250$ /SF 3,750,000$ Site Clearance 5,000 SF 50 /SF 250,000 Commercial 3,500 SF 400 /SF 1,400,000 Residential 19,800 SF 450 /SF 8,910,000 Parking 11,500 SF 100 /SF 1,150,000 LVR Fee 19,800 SF - /SF - Total 15,460,000$ Net Margin 26.0%Return on Cost 4,020,000$ Project w/ Very Low- & Moderate-Income Existing commercial / store front retail or office use Replace first floor commercial, add three stories of residential, two very low, two moderate units 351 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 21 5.0 Appendices 352 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 22 Appendix A: Calculation of Maximum Monthly Housing Expenditures / Rent 2023 Area Median Income 98,200$ Income Thresholds Very Low Low Moderate Bedrooms Studio 1 2 3 Household Size 1 2 3 4 Household Size Adj.70% 80% 90% 100% Utility Allowance - 2023 Multifamily All Electric Heating 14$ 20$ 25$ 32$ Cooking 7 10 13 16 Water Heating 14 19 25 31 Basic Electric 27 33 40 48 Water 73 82 91 109 Trash 42 42 42 42 Air Conditioning 10 15 20 25 Refrigerator 6 6 6 6 Total 193$ 227$ 262$ 309$ Allowed Monthly Housing Expenditures (Multifamily / For Rent) Bedrooms Studio 1 2 3 Very Low 666$ 755$ 843$ 919$ Low 838 951 1,064 1,164 Moderate 1,697 1,933 2,168 2,392 Percent of AMI 50% 60% 110% Max Household Exp % 30% 30% 30% 353 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 23 Appendix B: Sample Rent & Unit Size Comparables CoStar Properties (~July 2023) Zillow & Rent.com Properties (~July 2023) Address Bed Bath SF R ent $/SF Source 415 Herondo St - 1 360 2,337$ 6.49$ Zillow 415 Herondo St - 1 408 2,331 5.71 Zillow 720 Monterey Blvd - 1 450 2,250 5.00 Zillow 415 Herondo St - 1 512 2,523 4.93 Zillow 415 Herondo St - 1 562 2,563 4.56 Zillow Average 458 2,401$ 5.34$ Median 450 2,337 5.00 Address Bed Bath SF Rent $/SF Source 1140 Hermosa Ave 1 1 400 2,350$ 5.88$ Zillow 1346 Bayview Dr 1 1 400 2,500 6.25 Zillow 1821 Pacific Coast Hwy 1 1 550 2,495 4.54 Rent.com 707 Manhattan Ave 1 1 408 2,830 6.94 Zillow 2001 Pacific Coast Hwy 1 1 500 2,295 4.59 Zillow 2001 Pacific Coast Hwy 1 1 500 2,395 4.79 Zillow 2001 Pacific Coast Hwy 1 1 500 2,495 4.99 Zillow 2026 Hermosa Ave 1 1 500 2,850 5.70 Zillow 718 21st St 1 1 550 2,500 4.55 Zillow 454 Longfellow Ave 1 1 590 2,800 4.75 Zillow 2100 Hermosa Ave 1 1 600 3,550 5.92 Zillow 216 Hermosa Ave 1 1 630 3,200 5.08 Zillow 415 Herondo St 1 1 644 3,004 4.66 Zillow 137 27th St 1 1 650 3,500 5.38 Zillow 225 30th PL 1 1 750 3,300 4.40 Zillow 415 Herondo St 1 2 758 3,585 4.73 Zillow 415 Herondo St 1 2 855 3,047 3.56 Zillow 3101 Manhattan Ave 1 1 858 3,100 3.61 Zillow Average 591 2,878$ 5.02$ Median 570 2,840 4.77 One Bedroom Units Studio Units 354 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 24 Address Bed Bath SF R ent $/SF Source 721 Manhattan Ave 2 1 560 3,200$ 5.71$ Zillow 1154 Cypress Ave 2 1 690 3,600 5.22 Zillow 2011 Manhattan Ave 2 1 700 2,595 3.71 Zillow 2100 Hermosa Ave 2 1 700 3,800 5.43 Zillow 415 Herondo St 2 1 717 3,450 4.81 Zillow 950 1st St 2 1 759 2,875 3.79 Zillow 1821 Pacific Coast Hwy 2 2 900 3,125 3.47 Rent.com 404 Hermosa Ave 2 1 779 4,495 5.77 Zillow 2411 Prospect 2 2 855 3,395 3.97 Zillow 10 Meyer Ct 2 1 900 3,200 3.56 Zillow 1707 E Pacific Coast Hwy 2 2 974 3,598 3.69 Zillow 75 18th St 2 2 832 4,300 5.17 Rent.com 77 15th St 2 2 981 4,500 4.59 Zillow 1836 The Strand 2 2 1,000 5,995 6.00 Zillow 1652 Monterey Blvd 2 2 1,050 4,800 4.57 Zillow 1656 Monterey Blvd 2 2 1,050 4,800 4.57 Zillow 101 Monterey Blvd 2 2 1,074 3,300 3.07 Zillow 676 5th St 2 2 1,100 3,850 3.50 Zillow 1442 Bayview Dr 2 2 1,200 4,500 3.75 Zillow 1636 Palm Drive 2 2 1,200 5,995 5.00 Zillow 20 22nd St 2 2 1,276 6,000 4.70 Zillow 47 8th St 2 3 1,288 6,000 4.66 Zillow 408 Ocean View Ave 2 3 1,296 6,500 5.02 Zillow 743 24th PL 2 2 1,500 4,900 3.27 Zillow Average 974 4,282$ 4.46$ Median 978 4,075 4.58 Address Bed Bath SF Rent $/SF Source 639 1st St 3 3 1,200 4,800$ 4.00$ Zillow 428 The Strand 3 2 1,846 9,500 5.15 Zillow Average 1,523 7,150$ 4.57$ Median 1,523 7,150 4.57 Two Bedroom Units Three Bedroom Units 355 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 25 Appendix C: Estimated Value Impact Per Square Foot for Different Unit Counts *Dwelling unit counts are prior to use of density bonus provisions Units*Very Low Low Moderate 5 107$ 112$ 121$ 6 95 98 106 7 156 143 94 8 143 131 85 9 123 121 106 10 115 112 98 11 101 105 91 12 95 98 85 13 86 93 99 14 123 118 94 15 112 112 89 16 107 107 85 17 99 103 96 18 95 98 92 19 89 94 92 20 86 91 88 30 95 98 91 40 86 93 88 50 92 97 90 60 86 92 88 70 90 95 90 80 86 93 88 90 89 94 89 100 86 92 88 356 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 26 Appendix D: Estimated Value Impact Per Square Foot for One to Four Units Studio 1 2 3 Blended Very Low 869$ 896$ 818$ 777$ 859$ Low 773 822 756 720 786 Moderate 290 447 446 436 423 Very Low 435$ 448$ 409$ 389$ 430$ Low 386 411 378 360 393 Moderate 145 224 223 218 211 Very Low 290$ 299$ 273$ 259$ 286$ Low 258 274 252 240 262 Moderate 97 149 149 145 141 Very Low 217$ 224$ 205$ 194$ 215$ Low 193 205 189 180 197 Moderate 73 112 112 109 106 One Unit w/ One Affordable Unit (100% Affordable) Two Units w/ One Affordable Unit (50% Affordable) Three Units w/ One Affordable Unit (33% Affordable) Four Units w/ One Affordable Unit (25% Affordable) Value Impact / SF Bedrooms 357 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 27 Appendix E: Hypothetical Development Pro Forma 358 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 28 Hypothetical Medium Site Pro Forma Property ProfileDescription of ImprovementsLot Area8,500 SF8,500 SF8,500 SF8,500 SFExisting Improvements5,000 SF800$ /SF4,000,000$ 5,000 SF800$ /SF4,000,000$ 5,000 SF800$ /SF4,000,000$ 5,000 SF800$ /SF4,000,000$ Existing Parking15 Stalls15 Stalls15 Stalls15 StallsExisting Value4,000,000$ 4,000,000$ 4,000,000$ 4,000,000$ Proposed ProgramDescriptionCommercial5,000 SF5,000 SF5,000 SF5,000 SFResidential5,000 SF8,100 SF7,600 SF9,900 SFParking15 Stalls15 Stalls15 Stalls15 StallsBase Residential Units6 DU6 DU6 DU6 DUAffordable Units- DU1 DU17%Affordable2 DU33%Affordable2 DU33%Density Bonus Units- DU3 DU2 DU6 DUTotal Units6 DU(One & Two Bedroom Units)9 DU(Two Bedroom Units)8 DU(Two Bedroom Units)12 DU(One & Two Bedroom Units)Development ValueCommercial5,000 SF900$ /SF4,500,000$ 5,000 SF900$ /SF4,500,000$ 5,000 SF900$ /SF4,500,000$ 5,000 SF875$ /SF4,375,000$ Market Rate Residential5,000 SF950 /SF4,750,000 7,200 SF925 /SF6,660,000 5,700 SF925 /SF5,272,500 8,250 SF950 /SF7,837,500 Affordable Residential- SF- /SF- 900 SF- /SF- 1,900 SF425 /SF807,500 1,650 SF225 /SF371,250 Total9,250,000$ 11,160,000$ 10,580,000$ 12,583,750$ Development CostsSite Acquisition5,000 SF800$ /SF4,000,000$ 5,000 SF800$ /SF4,000,000$ 5,000 SF800$ /SF4,000,000$ 5,000 SF800$ /SF4,000,000$ Site Clearance- SF- /SF- - SF- /SF- - SF- /SF- - SF- /SF- Commercial5,000 SF400 /SF2,000,000 5,000 SF400 /SF2,000,000 5,000 SF400 /SF2,000,000 5,000 SF400 /SF2,000,000 Residential5,000 SF500 /SF2,500,000 8,100 SF500 /SF4,050,000 7,600 SF500 /SF3,800,000 9,900 SF525 /SF5,197,500 Parking- SF- /SF- 3,500 SF125 /SF437,500 3,500 SF125 /SF437,500 3,500 SF125 /SF437,500 LVR Fee5,000 SF104 /SF520,000 8,100 SF- /SF- 7,600 SF- /SF- 9,900 SF- /SF- Total9,020,000$ 10,487,500$ 10,237,500$ 11,635,000$ Net Margin2.5%Return on Cost230,000$ 6.4%Return on Cost672,500$ 3.3%Return on Cost342,500$ 8.2%Return on Cost948,750$ Project w/ Very Low- & Moderate-Income Existing commercial / store front retail or office use Replace first floor commercial, add two stories of residential, one very low, one moderate unit Project w/ Moderate-Income Unit(s) Existing commercial / store front retail or office use Replace first floor commercial, add one or two stories of residential, two moderate units Existing commercial / store front retail or office use Replace first floor commercial, add one story of residential, no affordable units Market Rate Project (LVR Fee Paid)Project w/ Very Low-Income Unit(s) Existing commercial / store front retail or office use Replace first floor commercial, add one or two stories of residential, one very low unit 359 HERMOSA BEACH LAND VALUE RECAPTURE ANALYSIS 29 Hypothetical Large Site Pro Forma Property ProfileDescription of ImprovementsLot Area15,000 SF250$ /SF3,750,000$ 15,000 SF250$ /SF3,750,000$ 15,000 SF250$ /SF3,750,000$ 15,000 SF250$ /SF3,750,000$ Existing Improvements5,000 SF5,000 SF5,000 SF5,000 SFExisting Parking- Stalls- Stalls- Stalls- StallsExisting Value3,750,000$ 3,750,000$ 3,750,000$ 3,750,000$ Proposed ProgramDescriptionCommercial3,500 SF3,500 SF3,500 SF3,500 SFResidential11,400 SF17,100 SF14,250 SF19,800 SFParking30 Stalls30 Stalls30 Stalls30 StallsBase Residential Units12 DU12 DU12 DU12 DUAffordable Units- DU2 DU17%Affordable3 DU25%Affordable4 DU33%AffordableDensity Bonus Units- DU6 DU3 DU 12 DUTotal Units12 DU(Two Bedroom Units)18 DU(Two Bedroom Units)15 DU(Two Bedroom Units)24 DU(One & Two Bedroom Units)Development ValueCommercial3,500 SF900$ /SF3,150,000$ 3,500 SF900$ /SF3,150,000$ 3,500 SF900$ /SF3,150,000$ 3,500 SF875$ /SF3,062,500$ Market Rate Residential11,400 SF925 /SF10,545,000 15,200 SF925 /SF14,060,000 11,400 SF925 /SF10,545,000 16,500 SF950 /SF15,675,000 Affordable Residential- SF- /SF- 1,900 SF- /SF- 2,850 SF425 /SF1,211,250 3,300 SF225 /SF742,500 Total13,695,000$ 17,210,000$ 14,906,250$ 19,480,000$ Development CostsSite Acquisition15,000 SF250$ /SF3,750,000$ 15,000 SF250$ /SF3,750,000$ 15,000 SF250$ /SF3,750,000$ 15,000 SF250$ /SF3,750,000$ Site Clearance5,000 SF50 /SF250,000 5,000 SF50 /SF250,000 5,000 SF50 /SF250,000 5,000 SF50 /SF250,000 Commercial3,500 SF400 /SF1,400,000 3,500 SF400 /SF1,400,000 3,500 SF400 /SF1,400,000 3,500 SF400 /SF1,400,000 Residential11,400 SF450 /SF5,130,000 17,100 SF450 /SF7,695,000 14,250 SF450 /SF6,412,500 19,800 SF450 /SF8,910,000 Parking11,500 SF100 /SF1,150,000 11,500 SF100 /SF1,150,000 11,500 SF100 /SF1,150,000 11,500 SF100 /SF1,150,000 LVR Fee11,400 SF104 /SF1,185,600 17,100 SF- /SF- 14,250 SF- /SF- 19,800 SF- /SF- Total12,865,600$ 14,245,000$ 12,962,500$ 15,460,000$ Net Margin6.4%Return on Cost829,400$ 20.8%Return on Cost2,965,000$ 15.0%Return on Cost1,943,750$ 26.0%Return on Cost4,020,000$ Project w/ Very Low- & Moderate-Income Existing commercial / store front retail or office use Replace first floor commercial, add three stories of residential, two very low, two moderate units Replace first floor commercial, add two stories of residential, no affordable units Replace first floor commercial, add two or three stories of residential, two very low units Replace first floor commercial, add two stories of residential, three moderate units Project w/ Very Low-Income Unit(s) Existing commercial / store front retail or office use Project w/ Moderate-Income Unit(s) Existing commercial / store front retail or office use Market Rate Project (LVR Fee Paid) Existing commercial / store front retail or office use 360 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0726 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 2023-24 RESIDENTIAL PARKING PERMIT PROGRAM REVIEW (Finance Director Viki Copeland) Recommended Action: Staff recommends City Council: 1.Receive a staff presentation regarding the 2023-24 Residential Parking Permit program; 2.Consider adoption of a resolution that encompasses all areas of the Residential Parking Permit program to ensure clarity of program terms that supersedes all previous resolutions regarding the Residential Parking Permit program (Attachment 1); and 3.Provide direction on any desired modifications. Executive Summary: As directed by City Council at its February 28,2023 meeting,staff presents this item to facilitate a review of the 2023-24 Residential Parking Permit program and to consider any additional modifications. Background: In 1984,the City of Hermosa Beach applied for,and was granted,permission by the California Coastal Commission to establish a preferential parking permit program in conjunction with remote beach parking locations and a park and ride shuttle system.The permit was most recently amended in 2004. The preferential parking permit program was developed to discourage oversaturation of the City’s downtown and coastal parking,to provide free long-term parking at remote locations,and to allow residents within the impacted area to park beyond the one-hour time restrictions or without having to pay the meter at yellow pole/cap meters.The impacted area is bound by the North and South City boundaries;by the Strand on the west;and by Loma Drive,Park Avenue,or Morningside Drive on the east.Parking spaces on the west side of Cypress Avenue between 11th Street and Pier Avenue are also included. In 2019,the City Council adopted a Parking Management Study (Attachment 2)that included recommendations to adjust the parking permits and pricing.In accordance with the approved study, City of Hermosa Beach Printed on 12/7/2023Page 1 of 9 powered by Legistar™361 Staff Report REPORT 23-0726 recommendations to adjust the parking permits and pricing.In accordance with the approved study, City Council voted at its February 28,2023 meeting to limit the number of residential parking permits available to three per residence and to increase the annual price for those permits from $40 to $50. Additional operational changes to the program were also made as follows: ·City Council previously approved requirement of California vehicle registration at the Hermosa Beach address for all permits with few exceptions on January 31, 2022. ·Residential parking permits were limited to three per year per residence,to vehicles registered to the residence.Proof of residence and valid California vehicle registration at that address are required.One of the residential parking permits may be in the form of a hang tag with the rest in sticker form only.A single extra permit,in excess of the maximum three Residential parking permits per residence,may be issued by the City Manager or designee,upon a showing that there exists a number of registered vehicles to different and unique drivers at a specific property,which does not have adequate onsite parking to accommodate the number of vehicles in excess of the three Residential parking permits allowed.The burden of proof shall be upon the applicant,and the City Manager shall develop adequate application standards to the satisfaction of the City Manager. The City Manager or designee decision shall be final. ·In the event of resident turnover at a specific residence,a signed lease by the owner of record of the property shall be required to issue new passes to new and different drivers than the previous tenants.The previously issued Residential parking permits shall be cancelled upon showing of the new residents at any specific residence. ·The former property owner guest permit was eliminated in a separate motion. At its October 10,2023 meeting,City Council approved the issuance of a single “guest”parking permit without the requirement of vehicle registration or vehicle ownership.The first person to apply for the “guest”permit per address receives it and the City does not make any value judgments or weigh competing applications between roommates or anything similar.Further,once the single “guest”pass is issued for the residence,the City does not issue another one for that year irrespective of resident turnover.The coordination of guest passes amongst new and former tenants and new and former owner residents is the users’ responsibility. Past Council Actions Meeting Date Description June 6, 2018 The City Council held a Budget Workshop, with a Five-Year Financial Forecast, including recommendations for increased citation fees. At that time, the City Council requested a survey for all parking violations December 17, 2019 The City Council accepted the Coastal Zone Parking Assessment Study recommendations; directed staff to return to Council and the applicable City Commissions with the related implementation actions for each of the near-term recommendations; and directed staff to incorporate the policy recommendations into the Draft Local Coastal Program and, if appropriate, draft an amendment to the City’s Coastal Development Permit for the Preferential Parking Program and Remote Beach Park and Ride System. September 28, 2021 The City Council requested that City Parking Programs and Parking Management be discussed at a future meeting. January 31, 2022 The City Council reviewed and discussed the status and priorities of the 12 recommendations in the Parking Management Study and challenges of coordinating these efforts with goal of Plan Hermosa and the City’s efforts to certify a Local Coastal Program with the Coastal Commission. Council directed staff to move forward with the sale of the 2022-2023 residential and employee parking permits; place an item on a future agenda to enable Council to consider a fee increase; and restrict the sale of permits to out-of-state vehicles except for active military. November 3, 2022 The City Council awarded a contract for mobile parking payment systems (Pay-By-App) to ParkMobile, LLC and directed staff to explore opportunities to utilize the system to provide real-time parking availability information to the public. February 28, 2023 The City Council approved changes to the City’s residential parking permit program, employee permit program, and hourly parking meter and parking lot rates. March 14, 2023 The City Council gave City Manager or designee the discretion to waive the vehicle registration requirement, upon showing good cause, amending the previously adopted resolution. September 12, 2023 Motion by Councilmember Detoy, seconded by Councilmember Francois for staff to return with information on requirements for transferable residential “guest” parking permits for review and discussion. September 26, 2023 After receiving the information item, City Council directed staff to return to its meeting on October 10, 2023 with a narrowly focused item to consider a “guest” parking pass program. October 10, 2023 City Council approved a single “guest” permit for each residential address in the impacted area with no vehicle registration or vehicle requirement. City of Hermosa Beach Printed on 12/7/2023Page 2 of 9 powered by Legistar™362 Staff Report REPORT 23-0726 Meeting Date Description June 6, 2018 The City Council held a Budget Workshop, with a Five-Year Financial Forecast, including recommendations for increased citation fees. At that time, the City Council requested a survey for all parking violations December 17, 2019 The City Council accepted the Coastal Zone Parking Assessment Study recommendations; directed staff to return to Council and the applicable City Commissions with the related implementation actions for each of the near-term recommendations; and directed staff to incorporate the policy recommendations into the Draft Local Coastal Program and, if appropriate, draft an amendment to the City’s Coastal Development Permit for the Preferential Parking Program and Remote Beach Park and Ride System. September 28, 2021 The City Council requested that City Parking Programs and Parking Management be discussed at a future meeting. January 31, 2022 The City Council reviewed and discussed the status and priorities of the 12 recommendations in the Parking Management Study and challenges of coordinating these efforts with goal of Plan Hermosa and the City’s efforts to certify a Local Coastal Program with the Coastal Commission. Council directed staff to move forward with the sale of the 2022-2023 residential and employee parking permits; place an item on a future agenda to enable Council to consider a fee increase; and restrict the sale of permits to out-of-state vehicles except for active military. November 3, 2022 The City Council awarded a contract for mobile parking payment systems (Pay-By-App) to ParkMobile, LLC and directed staff to explore opportunities to utilize the system to provide real-time parking availability information to the public. February 28, 2023 The City Council approved changes to the City’s residential parking permit program, employee permit program, and hourly parking meter and parking lot rates. March 14, 2023 The City Council gave City Manager or designee the discretion to waive the vehicle registration requirement, upon showing good cause, amending the previously adopted resolution. September 12, 2023 Motion by Councilmember Detoy, seconded by Councilmember Francois for staff to return with information on requirements for transferable residential “guest” parking permits for review and discussion. September 26, 2023 After receiving the information item, City Council directed staff to return to its meeting on October 10, 2023 with a narrowly focused item to consider a “guest” parking pass program. October 10, 2023 City Council approved a single “guest” permit for each residential address in the impacted area with no vehicle registration or vehicle requirement. City of Hermosa Beach Printed on 12/7/2023Page 3 of 9 powered by Legistar™363 Staff Report REPORT 23-0726 Meeting Date DescriptionJune 6, 2018 The City Council held a Budget Workshop, with a Five-YearFinancial Forecast, including recommendations for increasedcitation fees. At that time, the City Council requested a surveyfor all parking violationsDecember 17, 2019 The City Council accepted the Coastal Zone ParkingAssessment Study recommendations; directed staff to returnto Council and the applicable City Commissions with therelated implementation actions for each of the near-termrecommendations; and directed staff to incorporate the policyrecommendations into the Draft Local Coastal Program and, ifappropriate, draft an amendment to the City’s CoastalDevelopment Permit for the Preferential Parking Program andRemote Beach Park and Ride System.September 28, 2021 The City Council requested that City Parking Programs andParking Management be discussed at a future meeting.January 31, 2022 The City Council reviewed and discussed the status andpriorities of the 12 recommendations in the ParkingManagement Study and challenges of coordinating theseefforts with goal of Plan Hermosa and the City’s efforts tocertify a Local Coastal Program with the Coastal Commission.Council directed staff to move forward with the sale of the2022-2023 residential and employee parking permits; placean item on a future agenda to enable Council to consider afee increase; and restrict the sale of permits to out-of-statevehicles except for active military.November 3, 2022 The City Council awarded a contract for mobile parkingpayment systems (Pay-By-App) to ParkMobile, LLC anddirected staff to explore opportunities to utilize the system toprovide real-time parking availability information to the public.February 28, 2023 The City Council approved changes to the City’s residentialparking permit program, employee permit program, andhourly parking meter and parking lot rates.March 14, 2023 The City Council gave City Manager or designee thediscretion to waive the vehicle registration requirement, uponshowing good cause, amending the previously adopted resolution. September 12, 2023 Motion by Councilmember Detoy, seconded by Councilmember Francois for staff to return with information on requirements for transferable residential “guest” parking permits for review and discussion. September 26, 2023 After receiving the information item, City Council directed staff to return to its meeting on October 10, 2023 with a narrowly focused item to consider a “guest” parking pass program. October 10, 2023 City Council approved a single “guest” permit for each residential address in the impacted area with no vehicle registration or vehicle requirement. Discussion: Staff presents this item to provide information and statistics for City Council review of changes made to the 2023-24 Residential Parking Permit program.These changes included vehicle registration requirement for guest/transferable permits,a limit to the number of permits per residence,and the first increase in permit pricing since 2008. Residential parking permits expire on February 28th or 29th of each year,with sale and renewal of the permits beginning February 1 for the following year.Permit renewals for 2023-24 were postponed until August 28,2023 due to modifications required in the permitting software to implement the program changes. Parking Permit Comparisons Residential Permit Year-to-Date Comparison The table below,Residential Permit Year-to-Date Comparison,shows permit totals from the 2022-23 renewal period to 2023-24 (as of November 30,2023).Tables illustrating monthly sales for each of the two years are also provided. Since the 2023-24 renewal period,which began on August 28,2023,did not include the sales increase that normally occurs in May and June as a result of the enforcement of the one-hour zone that runs from May 15 to September 15 each year,778 permits were added to the 2023-2024 sales numbers based on previous sales in those months last year.After adjusting the numbers as described,the result is an estimated 39 percent decrease in residential permit sales,which is consistent with City Council’s goals to make existing spaces more readily available to everyone and to manage the City’s limited parking spaces equitably and efficiently. Residential Permit Year-to-Date Comparison Residential Permits2023-24 Total 2022-23 Total Vehicle Sticker 2370 56%4327 53% Transferable Permit1886 44%3203 39% Owner Guest Permit0 0%654 8% Total Permits Sold5034 100%8184 100% FY Difference -38% City of Hermosa Beach Printed on 12/7/2023Page 4 of 9 powered by Legistar™364 Staff Report REPORT 23-0726 Residential Permit Year-to-Date Comparison Residential Permits2023-24 Total 2022-23 Total Vehicle Sticker 2370 56%4327 53% Transferable Permit1886 44%3203 39% Owner Guest Permit0 0%654 8% Total Permits Sold5034 100%8184 100% FY Difference -38% 2023-2024 Residential Permits Sold 2022-2023 Residential Permits Sold August 272 February 3116 September 1456 March 3954 October 1901 April 336 November 627 May 426 2022-23 May and June Sales 778 June 352 (Total February to June 8184) Total 5034 July 190 August 156 September 150 October 90 November 83 December 46 January 27 Permits Sold 8926 Annual Residential Employee Permit (yellow posted meters) The Annual Employee Permit is for the residential parking permit area.The price of the permit increased from $143 to $175. Annual Employee Permit Year-to-Date Comparison 2023-24 2022-23 135 148 FY Difference -9% Other Permits The permits listed below are issued on a fiscal year cycle.The comparison is from August 28th th City of Hermosa Beach Printed on 12/7/2023Page 5 of 9 powered by Legistar™365 Staff Report REPORT 23-0726 through November 30th. The price of the Contractor Permit increased from $34 to $42 and the Daily Permit increased from $5 to $6. Other Permits Comparison Permit Type Aug-Nov 2023Aug-Nov 2022 Contractor 206 249 Daily 154 60 The price of the Daily Lot Permit increased from $31 to $38 and the 24-Hour Lot Permit increased from $62 to $75. Monthly Lot Permit Comparison Permit Type Aug-Nov 2023 Aug-Nov 2022 Daily Lot 549 494 24-Hour 439 589 Employee Lot Permits Employees are not purchasing the Monthly Lot Employee Permits (only two have been sold), presumably because the Daily Lot Permit and 24-Hour Lot Permit may be purchased without proving employment verification for the same price and with less restrictive parking.City Council may wish to consider further changes to this program. Driveway Permits Driveway permits,which allow vehicles to park in front of a driveway if the vehicle does not extend beyond the width of the driveway at any point,cost $170 and are valid as long as the holder owns or leases the property.The price of the permit was adjusted in the user fee study in 2016 from $44 to $170. It will be revisited in the user fee study later this year. Communications Many communications were received by email,in person,and on Zoom at Council meetings.Most of the communications asked for the reinstitution of the former “guest”permit program.That is,to return to no vehicle registration requirement to the address or even a need to own a vehicle to be eligible for a “guest”permit.City Council resolved the issues on October 10,2023 by removing the registration requirement and vehicle ownership requirement to the satisfaction of many residents. Cancellation of the property owner’s guest permit generated many complaints from property owners and prompted some concerns about owners attempts to obtain a permit.This will be discussed under City of Hermosa Beach Printed on 12/7/2023Page 6 of 9 powered by Legistar™366 Staff Report REPORT 23-0726 and prompted some concerns about owners attempts to obtain a permit.This will be discussed under “Issues Identified During Issuance.” Clarification As we near conclusion of the 2023-24 permit program, staff seeks clarification on the following items: Replacement of Guest Permits Under the current parking rule,a permit may be replaced if a resident can provide proof that the permit has been destroyed or stolen.At its October 10th meeting,City Council approved a resolution stating the “City shall only issue a single ‘guest’parking pass per parking pass cycle.The first applicant that satisfies the application criteria shall be issued the ‘guest’parking pass.”Staff requests City Council confirm that no guest passes should be replaced,even if stolen.In the past,there were residents who filed more than one Police report in a permit cycle for a stolen guest permit. Issues Identified During Issuance of the 2023-2024 Residential Parking Permits Issue Description Owners of multiple properties claiming to live at more than one address Owners of multiple properties or multi-unit homes in the impacted area have provided a current utility bill to request additional guest/parking permits for each address or unit they own. Some owners have claimed to live at multiple addresses.If the owner includes the utilities with the rent or lease, the utilities are in the owner’s name. Possible Solution: Stop accepting utility bills for proof of residency and indicate in the resolution that residents cannot obtain parking permits for multiple addresses. Vehicle registration required at the Hermosa Beach address Staff received several exception requests from residents for vehicles not registered to the Hermosa Beach address, asking not to be required to change the registration address. The circumstances for not wanting the address on the registration included restraining orders, confidential address program for people who testified in court, judges, and attorneys. Altered documents - Registration and Proof of residency Residents have submitted altered vehicle registration to show the Hermosa Beach address. Staff also received altered proof of residency documents. Requests were denied. Possible Solution:Implement a penalty such as preventing the resident from obtaining future parking permits for some period. Misuse of parking permits/fraud Some residents have purchased residential parking permits for their CA vehicles and placed them on out-of- state vehicles. Possible Solution:Implement a penalty such as preventing the resident from obtaining future parking permits for some period. Acceptable term for lease agreements Leases with a term of two months have been submitted. A six- month minimum has been used but it is recommended that City Council determine the appropriate lease term acceptable. Possible Solution: One year lease term No limit on annual employee permits The 1982 resolution does not limit the number of permits an employee can obtain. Some employees have multiple vehicles and want a permit for each vehicle. Possible Solution: Limit the annual employee permit to one per employee. Residential permits for business owners The 1982 resolution allows the owner of a business in the impacted area to get one residential parking permit. Very few are sold but staff wanted to make sure City Council was aware of this option. City of Hermosa Beach Printed on 12/7/2023Page 7 of 9 powered by Legistar™367 Staff Report REPORT 23-0726 Issue DescriptionOwners of multipleproperties claiming to live atmore than one address Owners of multiple properties or multi-unit homes in theimpacted area have provided a current utility bill torequest additional guest/parking permits for each addressor unit they own. Some owners have claimed to live atmultiple addresses.If the owner includes the utilities withthe rent or lease, the utilities are in the owner’s name.Possible Solution: Stop accepting utility bills for proof ofresidency and indicate in the resolution that residentscannot obtain parking permits for multiple addresses.Vehicle registration requiredat the Hermosa Beachaddress Staff received several exception requests from residentsfor vehicles not registered to the Hermosa Beachaddress, asking not to be required to change theregistration address. The circumstances for not wantingthe address on the registration included restrainingorders, confidential address program for people whotestified in court, judges, and attorneys.Altered documents - Registration and Proof of residency Residents have submitted altered vehicle registration to show the Hermosa Beach address. Staff also received altered proof of residency documents. Requests were denied. Possible Solution:Implement a penalty such as preventing the resident from obtaining future parking permits for some period. Misuse of parking permits/fraud Some residents have purchased residential parking permits for their CA vehicles and placed them on out-of- state vehicles. Possible Solution:Implement a penalty such as preventing the resident from obtaining future parking permits for some period. Acceptable term for lease agreements Leases with a term of two months have been submitted. A six- month minimum has been used but it is recommended that City Council determine the appropriate lease term acceptable. Possible Solution: One year lease term No limit on annual employee permits The 1982 resolution does not limit the number of permits an employee can obtain. Some employees have multiple vehicles and want a permit for each vehicle. Possible Solution: Limit the annual employee permit to one per employee. Residential permits for business owners The 1982 resolution allows the owner of a business in the impacted area to get one residential parking permit. Very few are sold but staff wanted to make sure City Council was aware of this option. 2019 Parking Study Recommendations The City Council adopted Parking Management Study (Attachment 2),provided as part of the Coastal Plan Management Study,included a recommendation to consider tiered pricing and creation of parking zones for permits.The City’s permit software provider indicates that a change to tiered pricing would require three to four months for implementation.However,should Council wish to proceed with consideration of creation of zones for residential permits,Council could consider adjusting the parking pass sales timeframe to align with the fiscal year or later.Staff was not able to locate the historical context as to why parking pass sales begin in February. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Mobility Element Goal 4.A parking system that meets the parking needs and demand of residents,visitors,and employees in an efficient and cost-effective manner. Policies: ·4.4 Preferential parking program.Periodically study and evaluate the current City of Hermosa Beach Printed on 12/7/2023Page 8 of 9 powered by Legistar™368 Staff Report REPORT 23-0726 ·4.4 Preferential parking program.Periodically study and evaluate the current inventory of public parking supply and update the preferential parking program. ·4.10 Visitor parking information.Manage information about passes and accessing public parking lots to facilitate use by longer-distance visitors with limited transportation choices. Fiscal Impact: There is no fiscal impact related to the recommended action. Attachments: 1.Resolution No. 23-XXXX 2.Hermosa Beach Parking Management Study 3.Link to June 6, 2018 City Council Budget Workshop 4.Link to December 17, 2019 City Council Staff Report 5.Link to September 28, 2021 City Council Staff Report 6.Link to January 31, 2022 City Council Staff Report 7.Link to September 3, 2022 City Council Staff Report 8.Link to February 28, 2023 City Council Staff Report 9.Link to March 14, 2023 City Council Staff Report 10.Link to September 12, 2023 City Council Staff Report 11.Link to September 26, 2023 City Council Staff Report Respectfully Submitted by: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 12/7/2023Page 9 of 9 powered by Legistar™369 Page 1 of 7 RES NO. 23- CITY OF HERMOSA BEACH RESOLUTION NO. 23-XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA ESTABLISHING AND RESTATING THE PROVISIONS OF THE CITY’S RESIDENTIAL PARKING PERMIT PROGRAM AND RELATED REGULATIONS INTO A SINGLE RESOLUTION REPEALING AND SUPERSEDING ALL PREVIOUS RESOLUTIONS RELATED TO THE CITY’S RESIDENTIAL PARKING PERMIT PROGRAM AND RELATED REGULATIONS AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of Hermosa Beach has established and maintained a preferential residential parking permit program on certain streets in the City pursuant to California Vehicle Code § 22507 for decades; and WHEREAS, the City’s Residential Parking Permit Program and related regulations are codified in numerous resolutions dating back to the early 1980s, which requires review and compilation to get the complete regulatory environment; and WHEREAS, more recently, the City Council approved the 2019 Coastal Zone Parking Management Study which included recommendations to improve parking management strategies for the City; and WHEREAS, more recently, the City Council approved the 2019 Coastal Zone Parking Management Study (“Study”) which included recommendations to improve parking management strategies for the City; and WHEREAS, the Study noted that more residential parking permits are issued for those in the impacted coastal parking area than total number of available spaces in that same area; and WHEREAS, at its February 28, 2023 meeting, the City Council made revisions to its residential parking permit program that limited the number of residential passes per residence and instituted other vehicle registration requirements for pass issuance; and 370 Page 2 of 7 RES NO. 23- WHEREAS, at its October 10, 2023 meeting the City Council adopted a resolution that authorized the issuance of a single “guest” parking permit for each residential address in the impacted coastal parking area provided the residential address did not exceed the numeric cap of residential parking permits authorized under the City’s Residential Parking Permit Program; and WHEREAS, the City Council desires to place all provisions and regulations of the City’s Residential Parking Permit Program and related regulations into a single resolution for ease of reference and clarity with the public and to repeal and supersede all previous resolutions related to the City’s Residential Parking Permit Program and related regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to California Vehicle Code § 22507, the City of Hermosa Beach establishes a preferential parking privileges on certain streets in the City. This Resolution repeals and supersedes all previous resolutions related to the City’s Residential Parking Permit Program and related regulations. SECTION 2. Use “The City Council finds and determines as follows: (a) Parking on residential streets west of Loma Drive is subject to heavy use and demand from non-resident recreational commuters; (b) The area west of Loma Drive and the west side of Cypress Avenue between 11th Street and Pier Avenue already provides only marginally adequate on-street parking for residents; (c) There exists a City-wide impact on residential parking from recreational commuters and other visitors which has not yet been specifically identified; (d) Based on the City's experience and that of other coastal cities, it is reasonable to anticipate that the establishment of the Impacted Parking Area proposed in this resolution will have the effect of causing increased recreational commuter parking in areas east of Loma Drive; 371 Page 3 of 7 RES NO. 23- (e) The large number of recreational commuters and other visitors have a detrimental effect on the health, safety and general welfare of the City by : 1) I ncreasing non-resident traffic volume and parking demands; 2) Creating unreasonable burdens on residents in gaining access to their dwelling 3) Exacerbating noise and air pollution and creating new trash and litter problems; 4) Causing greater risk of traffic accidents; 5) Increasing risk of criminal activity; 6) Creating a risk of depressing property values; 7) Threatening to overwhelm the City’s capacity to maintain and protect the residential character of its neighborhoods; 8) The City’s Residential Parking Permit Program in the Impacted Area are designed to alleviate the problems cited here which arise from increasing demands of parking in residential neighborhood. 9) This resolution is consistent with the terms of California Coastal Commission Permit No. 5-82-251, as amended. SECTION 3. The following boundaries shall constitute the “Impacted Area” where the City’s Residential Parking Permit Program shall apply: The impacted area is bound by the North and South City boundaries; by the Strand on the west; and by Loma Drive, Park Avenue, or Morningside Drive on the east. Parking spaces on the West side of Cypress Avenue between 11th Street and Pier Avenue are also included. SECTION 4. The City’s Residential Parking Permit Program is hereby established in the Impacted Area subject to the following: (a) Residential Parking Permits are limited to three per year per residence (only one of which may be a hang tag permit, the rest shall be windshield stickers), to vehicles registered to the residence, Proof of residence and valid vehicle registration at that address shall be required. A single extra permit in excess of the maximum 3 Residential parking Permits per residence may be issued by the City Manager or designee, in the sole discretion of the City Manager or designee, upon a showing that there exists a number of registered vehicles to different and unique drivers at a specific property which does not have adequate on-site parking to accommodate the number of vehicles in excess of the 3 Residential 372 Page 4 of 7 RES NO. 23- Parking Permits allowed. The burden of proof shall be upon the applicant and the City Manager shall develop adequate application standard to the satisfaction of the City Manager. The City Manager may waive the vehicle registration requirement in this Resolution upon a showing of good cause. The City Manager or designee’s decision shall be final. In the event of resident turnover at a specific residence, a signed lease by the owner of record of the property shall be required to issue new passes to new and different drivers than the previous tenants. The previously issued Residential Parking Permits shall be cancelled upon a showing of new resident at any specific residence. (b)Guest Parking Permits. Each residential address in the impacted coastal parking area shall be eligible for a single “Guest” Parking P ermit provided this residential address does not exceed the cap of residential parking permi ts authorized under the City’s Residential Parking Permit Program. An applicant shall submit information as required by the City, demonstrating to the satisfaction of the City that the applicant resides at an address in the Impacted Area. No vehicle registration of any kind will be required for this “Guest” Parking Permit. The City shall only issue a single “Guest” Parking Permit per parking permit cycle. The first applicant that satisfies the application criteria shall be issued the “Guest” Parking Permit. In no event will any residential address be issued more than one transferable hang tag parking permit. (c) Commercial Enterprises. The City Manager or designee may issue an affixed Residential Parking Permit to bona fide employees of the businesses within the Impacted Area and each owner of a business in the Impacted Area may be issued one affixed Residential Parking Permit subject to the discretion of the City Manager or designee. SECTION 5. Residential Parking Permits and Guest Parking Permits shall be valid from the first day of March to the 28th day of February each year unless the terms are extended or modified by the City Manager. SECTION 6. Pursuant to the provisions of this resolution, meter posts painted or maintained with yellow color code and residential parking spaces posted one- hour parking will allow resident permit parking daily, except that these permits are invalid during the hours posted for street sweeping operations, not to exceed 72 hours at one location, or a day permit which allows all -day parking and is valid 373 Page 5 of 7 RES NO. 23- only on the day of use, except during the hours posted for street sweeping operations. SECTION 7. It is hereby designated that in those metered areas where the City Engineer has caused the parking meter post adjacent to each parking space to be painted yellow and in those areas posted one-hour parking between Beach Drive on the West, Loma/Morningside on the East, and the City boundaries on the North and South, exclusive of any commercially zoned frontage, a vehicle may occupy said restricted parking space providing said vehicle has affixed thereon in the lower right hand corner of the windshield of the vehicle a valid resident parking permit, or has hanging from the front rear-view mirror located on the inside of the vehicle a valid resident guest parking permit, or has a day permit which allows all -day parking and is valid only on the day of use between the hours of 8.a.m. to 5 p.m. SECTION 8. Use Fees for Residential Parking Permits and Guest Parking Permits shall be: (i) 1st Residential Parking Permit - $50; (ii) 2nd Residential Parking Permit - $50; (iii) 3rd Residential Parking Permit - $50; (iv) 4th Residential Parking Permit - $50; and (v) Guest Parking Permit - $50. The amount of these fees shall be reduced by one-half on the first day of September each year. Where a person to whom a valid Residential Parking Permit has been issued can furnish proof satisfactory to the City Manager of designee that said permit has been destroyed (portion of Parking Permit or portion of windshield to which permit has been attached), or stolen, the Department may issue a duplicate permit upon payment of a replacement fee of $3.00 to cover clerical cost. It is understood that the permits reported stolen will be immediately confiscated by the City if found on any vehicle and that stolen permits are thereafter completely void. vehicles with stolen permits shall be subject to immediate ticketing and towing. SECTION 9. It shall be the sole responsibility of the owner, operator, manager, or driver of a vehicle for which a valid parking permit has been issued to become familiar with the provisions for and the limitations on the use of the parking permit and ignorance of these provisions and limitations shall not be claimed as defense in any action brought for illegal use of the permit. 374 Page 6 of 7 RES NO. 23- SECTION 10. In the Impacted Area, that area posted "One-Hour Parking", parking on-street shall be restricted to one-hour parking from 8:00 a.m. to 5:00 p.m., every day during summer months, which is defined, for the purpose of this Section, as May 15th through September 15th. In the Impacted Are, where posted, there shall be no parking on-street except with resident or resident guest parking sticker from 2:00 a.m. to 6:00 a.m . SECTION 11. Courtesy Guest Parking Permits may be issued by the City Manager or designee for special events only (i.e., parties, weddings, showers, etc.). In order to obtain said permits, the requestee: (a) Must· show proof of residency-within the impacted area. (b) Must show valid vehicle registration at the same address. (c) Shall have paid all outstanding traffic tickets. (d) Must have already purchased an annual parking permit. All courtesy guest parking permits shall be for one day only, and a maximum of twenty permits shall be issued for any one event. A maximum of five requests may be made annually. The cost of the courtesy guest parking permits shall be $1.00 per permit with a maximum charge of $5.00 per single event. In the event of reasonable and extenuating circumstances demonstrating a hardship which is unique to the individual requesting the permit, the City Manager or designee may waive one or more of the prerequisites, including 11d. In no event shall the authority given to the Director or designee be used to grant a special privilege to any person. SECTION 11. Environmental Review. Pursuant to CEQA Guidelines section 15061 (b) (3), it can be seen with certainty that there is no possibility that the activity contemplated by this resolution may have a significant effect on the environment. SECTION 12. This resolution shall take effect immediately. SECTION 13. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remainder of this resolution. The City 375 Page 7 of 7 RES NO. 23- Council hereby declares that it would have adopted this resolution, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof is declared invalid or unconstitutional . SECTION 14. Record of Proceedings. This resolution takes effect immediately and that the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which time same is passed and adopted. The City Clerk shall keep a copy of same along with such other documents and records of proceedings as may be designated by the City Manager. SECTION 15. The City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered among the original resolutions of said city; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED on this 12th day of December, 2023. Justin Massey PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla Patrick Donegan City Clerk City Attorney 376 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0684 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 AUTHORIZATION TO EXECUTE A CONTRACT FOR CIP 616 BARD TRAILER IMPROVEMENTS AND TO ISSUE PURCHASE ORDERS FOR IT EQUIPMENT AND OFFICE FURNITURE (Public Works Director Joe SanClemente) Recommended Action: Staff recommends City Council: 1.Authorize the City Manager to execute a contract with Pacific Mobile Structures in the amount of $246,949.89 for modifications and maintenance of the Bard Trailer (CIP 616)(Attachment 1); 2.Appropriate additional funds from the Capital Improvement Fund in the amount of $21,645 to CIP 616 Bard Trailer Improvements; 3.Transfer funds from the Public Works Administration and Engineering contract services account in the General Fund in the amount of $32,566.36 to CIP 616 Bard Trailer Improvements; 4.Authorize City staff to establish a 10 percent contingency amount of $24,694.99 and approve contract change orders up to the amount of the approved contract contingency; 5.Adopt the attached resolution entitled “A Resolution of the City Council of the City of Hermosa Beach,California Approving the Maintenance and Improvements of the Bard Trailer (CIP 616) Pursuant to Government Code Section §830.6 and Establishing a Project Payment Account” (Attachment 2); 6.Authorize the issuance of a Purchase Order to Netrix,LLC in the amount of $32,566.36 to purchase and configure IT equipment for the Bard Trailer (Attachment 5); and 7.Authorize the issuance of a Purchase Order to M3 Office under qualifying cooperative purchase agreements in the amount of $29,284.47 for Bard Trailer office furniture (Attachment 6). Executive Summary: The modular building behind the Hermosa Beach Civic Center,which has been in place since 2016, was installed to house fire department personnel during construction activities at Fire Station 100. The structure remained in place post construction and was identified to serve a need for additional office space.CIP 616 Bard Trailer Improvements was added to the Capital Improvement Program City of Hermosa Beach Printed on 12/7/2023Page 1 of 7 powered by Legistar™377 Staff Report REPORT 23-0684 office space.CIP 616 Bard Trailer Improvements was added to the Capital Improvement Program during the FY21-22 Midyear Budget review and includes modifications to the space to meet operational needs.Staff recommends authorization to execute a contract with Pacific Mobile Structures to perform modifications and maintenance to the structure and to issue purchase orders to Netrix, LLC for IT equipment and M3 Office for the purchase of office furniture. Due to the unique nature and scope of this project,staff proposes to utilize cooperative purchasing agreements and a contract with an existing service provider to procure the services required to complete the work.These procurement methods are allowed by the City of Hermosa Beach Municipal Code (HBMC) and would allow staff to complete the project efficiently and economically. Background: In 2016,following the decision to demolish the fire station tower,Council approved a purchase agreement with Pacific Mobile Structures for a 36-foot by 60-foot modular building to house fire department personnel during construction of CIP 14-623 Fire Department Tower Demolition,as well as to address ongoing space needs.The modular building was also used by the fire department during construction of the fire station renovation project from October 2019 to August 2020. Since that time,the building remained largely unused due to safety concerns with the temporary overhead electrical system,which has now been de-energized.CIP 616 Bard Trailer Improvements was added to the Capital Improvement Program during the FY21-22 Midyear Budget review to address urgent space needs for City staff and convert the modular building from fire department dormitory space to office space. The improvements planned as part of the CIP generally include undergrounding of the existing temporary overhead electrical service for safety and code compliance;replacement and upgrade of components of the interior and exterior of the building to meet current standards and provide a suitable environment for office staff;procurement and configuration of Information Technology (IT) equipment; and the addition of an entrance ramp to meet current accessibility requirements. Staff identified cooperative purchase as a viable option for the maintenance and improvements to the temporary trailer and purchase of office furniture.This procurement method allows staff to work directly with vendors awarded contracts based on the results of competitive proposal processes;with unique expertise;that supply the materials;and perform the work.Cooperative purchasing also allows the City to take advantage of the most competitive pricing by accessing pre-negotiated prices as part of national contracts. HMBC §3.12.140(e)allows purchases to be “made through a cooperative purchasing program utilizing purchasing agreements maintained by the State, County, or other public agencies.” The IT equipment required to outfit the space for office functions would be procured from andCity of Hermosa Beach Printed on 12/7/2023Page 2 of 7 powered by Legistar™378 Staff Report REPORT 23-0684 The IT equipment required to outfit the space for office functions would be procured from and installed/configured by Netrix,LLC,the City’s contracted managed service provider that provides ongoing technology support and staff augmentation in lieu of a traditional IT division or department. HBMC §3.12.140(d)establishes that “computers and peripheral equipment”are exempt from the provisions of § 3.12 Purchasing. Past Council Actions Meeting Date Description City Council Meeting of October 27, 2015 City Council approved the purchase of modular building for fire department dorms from Pacific Mobile Structures. City Council Meeting of May 10, 2016 City Council approved purchase of fire department dormitory trailers from Pacific Mobile Structures at a reduced price. Analysis: Award of Contract for CIP 616 (Bard Trailer Improvements) Staff reached out to the original vendor,Pacific Mobile Structures,to inquire about the work necessary for the trailer.Pacific Mobile Structures,the manufacturer of the trailer,was awarded a contract through The Interlocal Purchasing System (TIPS),a national purchasing cooperative that offers access to competitively procured purchasing contracts to its membership. TIPS administers a process similar to the City’s formal procedure for procurement of products and services that includes: ·Issuing a Request for Proposals (RFP)or Request for Qualifications (RFQ)for specific products and services with a deadline for submission; ·Advertising the RFP/RFQ publicly; ·Collecting and scoring proposals based on reviews by a scoring committee; and ·Awarding contracts to qualified vendors. TIPS membership is free and available to entities such as state and local governments,school districts,colleges and universities,emergency services districts,and non-profit organizations. Utilizing TIPS offers the City the following benefits: ·Access to competitively procured contracts with quality vendors; ·Savings of time and financial resources necessary to fulfill bid requirements; and ·Access to pricing based on a national contract. Following HBMC provisions,staff recommends utilizing TIPS to contract with Pacific Mobile Structures to complete the Bard Trailer renovations.Staff received a quote from Pacific Mobile Structures in the amount of $246,949.89 (Attachment 1)to complete maintenance and City of Hermosa Beach Printed on 12/7/2023Page 3 of 7 powered by Legistar™379 Staff Report REPORT 23-0684 Structures in the amount of $246,949.89 (Attachment 1)to complete maintenance and improvements to the trailer.The cost of the improvements through Pacific Mobile Structures would result in a significant cost and time savings versus other means of procurement.In addition,Pacific Mobile Structures has the most unique knowledge of its trailer. Staff also considered purchasing a new trailer,but determined that option would cost substantially more than a renovation. Award of Purchase Order for Bard Trailer IT Equipment and Installation Netrix,LLC is the City's contracted managed services provider and provides ongoing technology support and staff augmentation in lieu of a traditional Information Technology (IT)division or department.Support and maintenance of the City's network is one of the core responsibilities of the service,but the ongoing services contract scope does not cover the process of adding new network equipment. HBMC §3.12.140(d)establishes that “computers and peripheral equipment”are exempt from the City’s purchasing code and do not require the solicitation of three quotes.Staff received a quote from Netrix,LLC in the amount of $32,566.36 (Attachment 5)and informally compared the proposed hardware costs to prices of other merchants online and found the prices offered through Netrix to be competitive. The proposal provided by Netrix,LLC covers the purchase of IT equipment to connect the Bard Trailer facility to the City's network and set up the network infrastructure to connect staff workstations, as well as the professional services to configure the equipment.The equipment includes two Siklu Etherhaul 614TX wireless bridges,one HPE Aruba 6200F network switch,one HPE Aruba AP-615 wireless access point,mounting equipment for the wireless access point and wireless bridges, equipment to provide power to the wireless bridges,and the appropriate licensing and warranties for this hardware.The same equipment was recently purchased for other City facilities as part of the regular replacement cycle. Award of Purchase Order for Bard Trailer Office Furniture Staff recommends utilization of California Multiple Award Schedules (CMAS)Contract 4-23-01-104 and Los Angeles County Government Cooperative Contract MA-IS-1940141-11,for the purchase of office furniture.These agreements were established by the State of California and Los Angeles County.Direct purchase of furniture is permitted through CMAS and Los Angeles County which operates as a streamlined procurement option,offering competitively assessed and pre-negotiated products and services. This ensures that the City will benefit from the most competitive pricing. Following provisions of HBMC §3.12.140(e),staff recommends awarding the purchase order in the amount of $29,284.47 (Attachment 6)to M3 Office,a member of the CMAS and Los Angeles County cooperative purchase agreements.Additionally,the selected furnishings are Forest StewardshipCity of Hermosa Beach Printed on 12/7/2023Page 4 of 7 powered by Legistar™380 Staff Report REPORT 23-0684 cooperative purchase agreements.Additionally,the selected furnishings are Forest Stewardship Council certified,which means that the wood in the furniture comes from forests that are managed in an environmentally responsible and sustainable manner.This purchase aligns with the City’s sustainability purchasing goals and commitment to environmental stewardship. Schedule If approved,staff would provide oversight and inspection services to oversee the maintenance and improvements.Staff anticipates work to start in February 2024 with an anticipated completion date in April 2024. Environmental Analysis The Project is exempt under the California Environmental Quality Act (“CEQA”)pursuant to CEQA Guidelines section 15301 (Existing Facilities).The proposed improvements and maintenance of an existing temporary trailer involved negligible or no expansions of the existing temporary use.No exceptions to the CEQA exemption apply. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Governance Element Goal 1. A high degree of transparency and integrity in the decision-making process. Policy: ·1.2 Strategic Planning.Regularly discuss and set priorities at the City Council and management level to prioritize work programs and staffing needs. Goal 3. Excellent customer service through the use of emerging technologies. Policy: ·3.1 Increased access to services.Strive to provide access to facilities,programs,and services at times and locations that are convenient for residents and businesses. Sustainability + Conservation Element Goal 6.Hermosa Beach is a low or zero-waste community with convenient and effective options for recycling, composting, and diverting waste from landfills. Policies: ·6.5 Recycled materials.Encourage and support the sale of products that minimize packaging or are made from recycled materials. ·6.7 Green purchasing.Evaluate “green purchasing”options across all City departments and consider the life cycle effects of purchases. ·6.9 Building salvage.Maximize building salvage and deconstruction in remodeling or building City of Hermosa Beach Printed on 12/7/2023Page 5 of 7 powered by Legistar™381 Staff Report REPORT 23-0684 ·6.9 Building salvage.Maximize building salvage and deconstruction in remodeling or building demolition projects. Infrastructure Element Goal 1. Infrastructure systems are functional, safe, and well maintained. Policy: ·1.8 Minimize recurring repairs.Ensure that recurring repairs to City facilities are minimized by investing in low maintenance materials and performing preventive procedures where available. Fiscal Impact: The contract with Pacific Mobile Structures in the amount of $246,949.89 for modifications and maintenance of the Bard Trailer and a 10 percent contingency of $24,694.99 would total $271,644.88.CIP 616 Bard Trailer Improvements is funded through the Capital Improvement Fund with appropriations totaling $250,000.Staff requests an additional appropriation of $21,645 from the Capital Improvement Fund to cover the additional amount needed to fund a 10 percent contingency in case of unknowns or where additional work is required. The purchase and configuration of IT equipment through Netrix,LLC would be covered by a transfer of $32,566.36 from the Public Works Administration and Engineering Contract Services account in the General Fund to CIP 616 Bard Trailer Improvements. Funds for the Bard Street Trailer furniture is budgeted in the FY23-24 Budget,City Manager,Contract Services Account.Sufficient funds are available to cover the purchase order of $29,284.47 with M3 Office. Purchase Order Request Request Amount FY 2023-24 Budget Dept. Account #Total Purchase Order Amount $32,566.36 001-8616-4201 $32,566.36 $29,284.47 001-1201-5402 $29,284.47 Attachments: 1.Price Quote-Bard Trailer Improvements 2.Draft Resolution City of Hermosa Beach Printed on 12/7/2023Page 6 of 7 powered by Legistar™382 Staff Report REPORT 23-0684 3.Link to October 27, 2015 City Council Staff Report 4.Link to May 10, 2016 City Council Staff Report 5.Price Quote-IT Equipment Statement of Work and Equipment List 6.Price Quote-Furniture Purchase and Installation Respectfully Submitted by: Stephanie Holst, Senior Engineer Concur: Alexandria Hildebrand, GIS/IT Analyst Concur: Margaret Talamantes, Senior Management Analyst Concur: Lucho Rodriguez, City Engineer Concur: Joe SanClemente, Public Works Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 12/7/2023Page 7 of 7 powered by Legistar™383 Michael Thompson Cell: 951.816.0977 Direct: 951.246.5163 Authorized Representative Signature Date michael.thompson@pacificmobile.com Site: City of Hermosa Beach Pr oj ect quot ation Date: 10/23/ 2023 Company: City of Hermosa Beach Proposal Description: Remodel – 36x60 Office Task Description Qty Unit Unit Sales Price Total Sales Price Tax General Requirements 30 Sheets of White VCG, 60 Trim 1" Trim and 20 Corner Trim 1 EA $6,776.52 $6,776.52 Y Site Work Excavate, trench for electrical and IT from panel to subpanels. Replace overhead service with underground from panel to trailer subpanels. Install 3” conduit in electrical trench for IT. Service three A/C units, acid wash coils, test units and report. Replace all exterior trim with smart trim around trailers, 380’4”& 420’ 8” Replace 168’ of high set skirting with new smart panel, backing and vents. Remove all antennas, speakers, satellite dish and disconnected apparatus on EXT. Replace 18 sheets of 10’ smart panel inner seal siding. Prep and paint exterior two tone. Disconnect all old residential type lights and cap wires. Replace 25 fluorescent lights with LED troffers. Repair T bars and replace approx..160 ceiling tiles (2910) Remove wall cabinets, all speakers, phones and white board. Install carpet bar at 5 doors. Provide and install 8 miniblinds on 4x4 windows. Clean duct tape residue or replace one window. Repair interior wall trims. Remove and replace cove base. Remove approx.30 sheets of double layer drywall, paneling and prep walls. Install new white paneling on office walls and trim. Patch carpet seams and steam clean carpet. Remove LVP and VCT in entry and replace with LVP. Prep and paint interior one color. Drop 2 CAT6 drops in each office from IT room. No conduit or terminations. Suspend and secure all loose wiring in the ceiling. Provide dumpster/ hauling of job debris. Provide and install switchback ramp with steps, galvalume. 1 EA $212,925.60 $212,925.60 N Option: Replace roof with white EPDM. 1 EA $24,444.00 $24,444.00 N Option: seal roof and caulk seams. 1 EA $2,160.00 $2,160.00 N Teardown Equipment (Forklift, skating, etc.) EA N Delivery Transportation (Pilot, permit, tolls) EA N Foundation & Install Ramp Install EA N Site Subs Electrical - Subcontractor EA N Subtotal $246,306.12 Tax 9.50% Tax Total $643.77 Project Total $246,949.89 Customer Owned Building - Remodel •Products and materials used that have a manufacturer warranty will be passed along to the City. •PMSI will provide a 6 month warranty on the craftsmanship. Payment Terms: •At the end of each month on-site, we will mutually determine the project's percentage of completion. Following this assessment, Pacific Mobile will submit a payment request aligned with the agreed-upon completion percentage. *Invoices due upon receipt.* •The quotation is good for 30 days and is limited to availability of stock on hand. Please schedule as soon as possible to secure your preferred delivery date. By signing below the Customer named below agrees to the conditions outlined in Pacific Mobile’s Terms and Conditions. 384 Michael Thompson Cell: 951.816.0977 Direct: 951.246.5163 michael.thompson@pacificmobile.com Pr oj ect quot ation Date: 10/23/ 2023 Exce pti ons / Clarificati ons: •Obtaining required County/City building permits, fees, and inspections not included. •Customer site must be dry, compacted, level, and accessible by normal truck delivery. •Any special site required escorts, safety meetings, or other site related down-time would be an additional cost. •Extra trip charges may incur if customer decides to stop work on site. •Standard setup does not include removal of axles, tires, and tow bars •Site improvements not included (fence, landscape, sidewalk, parking, lighting, etc.). Site survey or soils testing not included. •Any special site testing requirements would be an additional cost. •All utility connections to modular building are not included. (Electrical, water, sewer, etc.) •All low voltage wiring, devises, panels, and monitoring not included. •Site security, temporary toilets, or garbage dumpsters not included. •Proper site drainage or SWPPP plan not included. •Pricing good for 30-days 385 Michael Thompson Pr oj ect quot ation Date: 10/23/ 2023 Cell: 951.816.0977 Direct: 951.246.5163 michael.thompson@pacificmobile.com ADDITIONAL TERMS AND CONDITIONS 1. AGREEMENT: The essence of the contract set forth on the face page of this Agreement is that Pacific Mobile Structures, Inc. (“Seller”) agrees to provide and deliver the specified mobile/modular building(s) and related equipment (Property); and, in exchange, Buyer will fulfill the specified payment terms. Seller and Buyer’s signatures and initials acknowledge the following terms and conditions have been reviewed and are also part of this Agreement. 2. PAYMENT 2.1 Terms: Buyer agrees that the price and payment terms are fully and accurately set forth on the face page of this Agreement. Buyer acknowledges that by entering into this Agreement, Buyer is causing Seller to incur costs associated with delivering the product and services bargained for in this Sales Agreement. Payments are due on receipt in the amount described on each invoice and shall be deemed late if not paid within 15 days of the invoice date, unless otherwise specified on the face page of this agreement, at which time a finance charge of 1% per month may be assessed until paid. 2.2 Financing: Buyer agrees to indicate in writing (under the payment terms on the face page of this Agreement) if Buyer’s purchase is subject to financing. Buyer agrees that representing in bad faith or without a reasonable basis that financing is forthcoming from a third-party is deemed a breach of this Agreement and will subject Buyer to the default clause remedies set forth below. If Buyer makes a good faith and reasonable representation but is unable to ultimately obtain third- party financing sufficient to satisfy the payment terms, Buyer agrees that Seller has the option to extend reasonable financing terms and Buyer will be obligated to enter into a retail installment contract and sign a security agreement or other agreement as may be required for Seller to finance Buyer’s purchase. 3. SITE CONDITIONS: Buyer is aware that the delivery site must be dry, compacted level and accessible for industry standard maneuvering by normal mobile/modular truck tow. If the site’s condition reasonably prevents delivery, then the extra costs for equipment, labor and down time to remedy the situation are the Buyer’s responsibility and will be addressed by change order. 4. SCHEDULE; DELAYS; INCREASE IN PRICE AND/OR TIME; STORAGE: Delivery and any setup work will begin and be substantially completed on the dates set forth on the face page of this agreement and/or in an addendum modifying the dates. However, delays may occur due to unforeseen circumstance beyond Seller’s control, including, but not limited to: extreme weather conditions; fire; transportation delays; unavoidable accidents or circumstances; unacceptable site conditions; Buyer’s acts or omissions. Excusable delays do not subject Seller to penalties or damages. In reasonable instances, Seller may modify the Contract price to reflect additional incurred expenses and/or modify the Schedule to account for delays. If Buyer delays the building review beyond a reasonable time or outlined schedule, Seller may reevaluate the contract price. If Seller is unable to deliver the mobile/modular building(s) due to Buyer's site delays, a storage fee will begin seven days after completion at the factory or the predetermined delivery date, whichever is later. Buyer agrees to pay a pro-rated monthly storage fee at a rate of $0.20 per square foot of each floor until the Buyer is able to take delivery. If space is unavailable, Buyer must either transport to an alternative site or Seller will do so unilaterally and pass the expense to Buyer. 5. DELIVERY AND PLACEMENT 5.1 Transportation Permits: Buyer is aware that special permits may be required to transport the mobile/modular building(s) to final destination, and that permits are often granted, granted conditionally, or denied based upon the width of the mobile/modular building. Seller will seek to obtain the transportation permits ordinarily required. However, if additional local permits are required, those additional fees will be passed on to the Buyer. Further, if a transportation permit is denied or is granted conditionally, Buyer will not make claims against Seller. If Seller cannot obtain transportation permits, Seller may, at its option, cancel this Agreement and return the progress payment without further liability or obligation. 5.2 Building Permits: Buyer is responsible for obtaining building and site permits. Seller cannot deliver/place buildings until they have the building and/or site permit, if required. If Buyer fails to obtain a necessary permit, or fails to make any required changes, and in either case as a result Seller incurs any costs, fines or forfeitures, Buyer will pay the amount of any such cost, fine or forfeiture to the Seller on demand. 5.3 Site Conditions: Buyer is aware that the delivery site must be dry, compacted level and accessible for industry standard maneuvering by normal mobile/modular truck tow. If the site condition prevents delivery, then the extra costs for equipment, labor and down time to remedy the situation are the Buyer’s responsibility and will be addressed by change order. 6. CHANGES: Seller may add to or deduct from the amount of work covered by this Agreement, and any changes so made in the amount of work involved, or any other parts of this Agreement, shall be by a written change order hereto setting forth in detail the changes involved and the value thereof which shall be mutually agreed upon in writing between the Seller and the Buyer. 7. TAXES: Buyer shall be solely responsible for filing the appropriate federal, state and local tax forms, and paying all such taxes or fees, including sales taxes, estimated taxes and employment taxes, due with respect to Buyer’s purchase under this Agreement. 8. TITLE AND RISK OF LOSS: Ownership title to the Property shall pass to Buyer when the purchase price is paid in full. However, Buyer assumes and bears the risk of Property loss the moment the Property is delivered to the Buyer’s site. It is Buyer’s responsibility to arrange with Buyer’s insurance representative adequate and timely insurance coverage. Buyer waives any claims against Seller relating to risk or loss after delivery, even if Buyer’s insurance is not yet effective. The sole exception to the above is that any loss caused by Seller’s operations during delivery and/or any agreed upon set-up will be covered to the extent it falls within Seller’s CGL insurance policy coverage. 9. INDEMNITY, INSURANCE AND WAIVER OF SUBROGATION: Buyer shall be responsible for obtaining and maintaining its own liability and property insurance. Seller agrees to defend, indemnify and hold harmless Buyer from claims for bodily injury and property damage caused by Seller’s negligence. However, this indemnification is contingent upon Seller’s CGL insurer providing coverage and is limited to the amounts paid by Seller’s CGL insurer. Buyer agrees to defend, indemnify and hold harmless Seller and its Subcontractors from claims for bodily injury and property damage caused by the negligence of Buyer and its agents. Buyer and Seller waive all non-trustee rights against each other for damages caused by risks covered by insurance. 10. WARRANTIES 10.1 Used Units are sold “As Is”: Buyer is not relying on any written, oral, implied or other representations, statements or warranties by Seller or any of Seller’s affiliates, or any of Seller’s respective agents, officers, representatives, or otherwise. Seller specifically makes no representations, express, implied, statutory or otherwise, with respect to the unit being purchased, its current condition, or its fitness or suitability for any particular use or purpose. 10.2 New Units: 10.2.1 Seller’s Warranty: Pacific Mobile Structures, Inc., warrants to the first Buyer the commercial building sold to Buyer to be free from defects in materials and workmanship when properly maintained and in normal use. 10.2.2 Buyer's Remedy: Buyer's exclusive and only remedy under this warranty shall be Seller’s repair or replacement, at Seller’s option, of any defect(s) in materials or workmanship of the subject building. Unless otherwise agreed in writing between Seller and Buyer, repairs under this warranty shall only be made at the original site of installation of the subject building. In the event the repair or replacement of the defect(s) in materials or workmanship of the subject building are needed and can be repaired by Buyer for $100 or less on an actually incurred cost basis, Buyer may perform the repair or replacement and receive reimbursement from Seller. Requests for reimbursement shall be made in writing and shall contain sufficient detail to permit 386 Michael Thompson Pr oj ect quot ation Date: 10/23/ 2023 Cell: 951.816.0977 Direct: 951.246.5163 michael.thompson@pacificmobile.com Seller to evaluate the nature of the defect(s). All parts removed during repair shall be retained by Buyer for Seller’s inspection for thirty (30) days from Seller’s receipt of Buyer's request for reimbursement. Seller shall have thirty (30) days from its receipt or Buyer's request to accept or reject it. If not rejected in that time period, the request shall be deemed accepted. 10.2.3 Duration of Warranty: 24-month warranty on major building components (roof, siding, structural issues, leaks); 12-month warranty on interior sheetrock repairs, light ballasts, door adjustments. The warranty period begins on the date of substantial completion. Excludes light bulbs, filters and adjustment of foundation due to ground water or settling of ground. HVAC warranty is covered by supplier (see manufacturers brochure for specific labor and materials warranties) 10.2.4 Buyer's Duties: Notice of Any Defects. Buyer shall give prompt written notice of any defects in materials or workmanship to Seller with sufficient detail to permit Seller to perform its obligations under this warranty. 10.2.5 Notice of Breach: Buyer shall give written notice to Seller of any alleged refusal or failure of Seller to repair or replace defects in materials or workmanship under this warranty not later than fifteen (15) days after Buyer learns of such alleged failure or refusal. 10.2.6 Disclaimer: The foregoing warranty is exclusive and is given and accepted in lieu of (i) any and all other warranties express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose; and (ii) any obligation, liability, right, claim, or remedy in contract or tort, whether or not arising from Seller’s negligence, actual or imputed. The remedies of Buyer shall be limited to those proved herein to the exclusion of any other remedies, including without limitation incidental or consequential damages. No agreement varying or extending the foregoing warranty, remedies or this limitation shall be binding upon Seller unless in writing, signed by a duly authorized officer of Seller. 10.2.7 Exclusions From Warranty: This warranty and the obligations stated herein shall NOT apply to the following: The subject building, if it has been repaired or altered without the prior written approval of Seller; the subject building if it has been subjected to misuse, abuse, neglect, or accident; used items furnished by Buyer for installation on the subject building; any part of the subject building which is not defective, but which must be replaced during the warranty period as a result of wear and tear; electrical, plumbing or mechanical connections or systems installed in or on the subject building by persons other than Seller; any defects to the subject building caused by improper site preparation or site conditions, acts of God, fire, vandalism, riot, insurrection, or other civil disorder. 10.2.8 Limitations of Actions: No action for breach of this warranty shall be commenced more than one (1) year after the accrual of the cause of action. 10.2.9 Merger: This warranty is the complete, final, and exclusive warranty of Seller with respect to the quality or performance of the subject building and any and all warranties and representations in connection with it. 10.2.10 Governing Law: This warranty and the rights and duties of the parties under this warranty shall be governed by the laws of the state of Washington. 11. DEFAULT AND REMEDIES: Buyer is in material default and breaches this contract if Buyer: (1) fails or refuses to timely make the agreed upon payments; or, (2) delays the Seller’s delivery or services over 30 days; or (3) otherwise fails to satisfy the Agreement terms and conditions. If Buyer defaults, Seller may cancel this contract; and/or repossess its Property; and/or retain a portion of any payments already made by Buyer, sufficient to adequately compensate Seller for expenses or losses caused by Buyer’s default. If Seller has canceled the contract, or if Buyer has committed a material breach, then Buyer cannot thereafter claim to be canceling the contract and be entitled to a return of any payments already made by Buyer until Seller has had a reasonable opportunity to account for and deduct any damages (including costs incurred up to the time of cancellation) owed from any payments already made by Buyer. If Buyer has not made any payments or made payments that are insufficient to cover all losses, Seller will take other collection action (including legal). If repossession is necessary, Buyer will be liable for all repossession costs. 12. DISPUTE RESOLUTION: The parties shall first endeavor to settle disputes through informal direct discussions. If unsuccessful, any party may serve a written Notice requesting resolution that: explains the dispute in detail and provides all supporting evidence; and appoints a senior representative to negotiate the Dispute on its behalf. Buyer must serve such Notice to Seller’s corporate office. If unsuccessful, the parties may seek non-binding mediation. Lastly, either party may submit the Dispute to the American Arbitration Association for arbitration. 13. ATTORNEY FEES; COLLECTION FEES; INTEREST; LIMITATION OF LIABILITY: Seller is entitled to recover reasonable pre-judgment and post judgment interest and other collection expenses, including attorney fees, incurred if Buyer defaults on payments. Seller shall also be entitled interest on delinquent invoices at the rate of 1% per month or the maximum rate permitted by law until such invoice is paid in full. Except for collection, arbitration or litigation actions, remedies shall be limited to direct out of pocket costs, unless noted otherwise herein. 14. SAFETY: Buyer shall assure, insofar as is reasonably possible, safe and healthful site conditions, including, but not limited to: assuring Buyer’s site complies with all applicable health, safety and environmental laws; and, assuming supervisory responsibility and function of all non-construction related parties on site during delivery and any set-up. Buyer shall be solely liable and responsible for any safety violation or deficiency. 15. GENERAL: This Agreement: (a) contains the entire Agreement between the parties and supersedes any and all other documents or information exchanged whether oral or written; (b) shall not be assigned or transferred in any manner by the Buyer without the prior written consent of the Seller; (c) may be modified only in a writing signed by both parties; (d) shall be governed by Washington State law and, if necessary, litigated in Washington State, either, in King, Thurston or Lewis Counties at Seller’s discretion; (e) the failure to insist on the performance of any part(s) of this Agreement, or to exercise any rights, shall not be construed as a waiver or relinquishment of such term, covenant or condition or right; and, (f) if any part of this Agreement, its Addendum or other related documents are found to be unenforceable, the remaining parts shall still be in full force and effect. This Agreement may be executed in counterparts and delivered via facsimile or other electronic means, with the same effect as the original. 16. ORDER OF PRECEDENCE: The terms and conditions and applicable agreements and documents shall adhere to the following order of precedence: 1. Prime Contract, if applicable 2. Pacific Mobile Structures Sales Agreement, Change Orders and Terms & Conditions 3. Buyer Agreement and Terms & Conditions 4. Buyer Purchase Order 5. Invoice In Acceptance, Initials 387 Addendum to Project Quotation with City of Hermosa Beach Dated April 26, 2023 Section 4 Delete the fourth sentence and replace with the following: In reasonable instances, upon written approval by both Parties, Seller may modify the Contract price to reflect incurred expenses and/or modify the Schedule to account for delays. Section 9 Delete the third sentence in its entirety and replace with the following: The LESSEE, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of seller, including materials, parts, or equipment furnished in connection with such work or operations.” Section 10.2.10 Replace "Washington" with "California". Section 15(d) Delete in its entirety and replace the following: Shall be governed by California state. Agreed and Accepted by: ___________________________________ ________________________________ City of Hermosa Beach Pacific Mobile Structures, Inc. Authorized Signature Authorized Signature 388 Page 1 of 2 RES NO. 23- CITY OF HERMOSA BEACH RES-23-XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING THE MAITENANCE AND IMPROVEMENTS OF THE BARD TRAILER (CIP 616) PURSUANT TO GOVERNMENT CODE SECTION§ 830.6 AND ESTABLISHING A PROJECT PAYMENT ACCOUNT WHEREAS, the City is a member of The Interlocal Purchasing System (TIPS), a national purchasing cooperative that offers access to competitively procured purchasing contracts to its membership; WHEREAS, the Hermosa Beach Municipal Code § 3.12.140(e) allows purchases to be made through a cooperative purchasing program utilizing purchasing agreements maintained by the state, county, or other public agencies; and WHEREAS, Pacific Mobile Structures was awarded a contract as the result of a competitive bidding process administered by TIPS. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regards to the maintenance and improvements of the temporary Bard trailer. The City Engineer finds that the scope of work is complete and the project may proceed. SECTION 2. Design Immunity; Authorization A. The scope of work and vendor proposal for the Project are determined to be consistent with the City’s standards and are approved; B. The design approval set forth in this Resolution occurred before actual work on the Project commenced; C. The approval granted by this Resolution conforms with the City’s General Plan; 389 Page 2 of 2 RES NO. 23- D. The City Engineer, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications to the scope of work approved by this Resolution; and E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. SECTION 3. For purposes of the contract documents administering the project, the City establishes an account containing sufficient monies from the current and following fiscal year budget to pay for this project. This account is the sole source of funds available for the construction sum as defined in the contract document administering the project. SECTION 4. The City Clerk is directed to certify the adoption of this resolution. SECTION 5. This Resolution will become effective immediately upon adoption. PASSED, APPROVED, and ADOPTED on this 12th day of December, 2023. Justin Massey PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla Patrick Donegan City Clerk City Attorney 390 This document may not be copied or distributed without permission. www.netrixglobal.com © 2023 Netrix, LLC Statement of Work | 1 of 4 Netrix SOW Number: 32315 Upon execution by both parties, this SOW is effective and is covered by the Terms in the Contract for Professional Services Strategic Plan and Development between the parties, dated July 1, 2021 (the “Agreement”). In the event of a conflict between the Agreement and this SOW, the order of precedence shall be this SOW, the Additional Terms Exhibit, and then the Agreement. By signing, the signatories each represent that they have the authority to bind their respective organizations listed below to this SOW and the Agreement. Upon the date last set forth below (the Effective Date), the Parties agree as follows: Pricing is valid through 12-22-2023. FOR REVIEW PURPOSES ONLY. SIGNATURE BLOCK TO BE ADDED WHEN APPROVED FOR EXECUTION. A. Client Name and Location: Client Name City of Hermosa Beach (“Client”) Service Location 1315 Valley Dr Room 203 Hermosa Beach, CA 90254-3846 US Start Date 01-08-2024** Opportunity Number 32315 Client Billing Address 1315 Valley Dr Room 203 Hermosa Beach, CA 90254-3846 US 391 This document may not be copied or distributed without permission. www.netrixglobal.com © 2023 Netrix, LLC Statement of Work | 2 of 4 B. Initial Contacts Information: C. Description of Project: Project Name: Bard Street Backhaul with LAN and Wireless Network Client has an initiative to expand LAN connectivity to a location across from the Town Hall on Bard St. This is in lieu of running physical cables either over or under the street. The solution will consist of a Wireless Point to Point solution that will perform layer 2 backhaul with Siklu EtherHaul™ 614TX(s)for the new Bard St. location and the Town Hall. In addition, the solution will also consist of one (1) HP6200F 24 port PoE switch and one (1) Aruba AP-615 access point to provide wired and wireless access to endpoints in the new Bard St. location. The Siklu devices will be required to be placed on the roof of the Bard St. and Town Hall locations. A non-penetration roof mount (NPRM) will be provided. The Client will be required to provide a mat and weights to secure the NPRM. In addition, the Client would be responsible for providing maintenance staff or a Low Voltage Contractor (LVC) to provide the cabling run from the mounting location on the Town Hall roof to the MDF switch and the mounting location on the Bard St. roof to the IDF switch. The maintenance staff or LVC will work with Netrix to establish that the Siklu devices are directed appropriately. Netrix will hold a session to review the low-level IP subnets, addresses, SSIDs and wireless authentication methods that will be utilized on the Bard St. location and how it will integrate with the other Client network infrastructure. The existing SSIDs and Authentication methods will be used at Bard St. • Project Kickoff Meeting • Provide a Predicative RF Design for the Siklu point to point solution. • Hold a discovery/design session with the Client to collect and document requirements for the LAN backhaul and Wireless. This would include the VLANs/IP Subnets, switch configuration review, SSIDs and authentication methods. • Create high level and low-level Documentation that includes Implementation Checklist and test acceptance documentation that will describe the modifications to the network. • Create a Document or meet with the AP and wireless point to point installer regarding AP/antenna mounting. • Review Documents with the Client to gain acceptance. • Staging and Configuration o Prepare Aruba Central Dashboard and add devices/licensing for APs and switch. o Unbox/box, perform DoA test, firmware update, inventory of one (1) APs. o Prepare the AP to be added to the current IAP Group in the Town Hall. If not, then create an independent IAP Group that mimics the existing for SSIDs and authentication. o Unbox/box, perform DoA test, firmware update, inventory of one (1) Aruba 6200F-24 switch. o Configure the Switch for connectivity to the LAN based on the agreed design. o Perform the staging of two (2) Siklu EtherHaul 614TX devices. Unbox/box, perform DoA test, firmware update, inventory. Configure the Siklu solution based on the agreed design. Name Company Title Email Suja Lowenthal City of Hermosa Beach City Manager suja@hermosabeach.gov 392 This document may not be copied or distributed without permission. www.netrixglobal.com © 2023 Netrix, LLC Statement of Work | 3 of 4 • Mount the Aruba Switch in the Bard St. IDF. • Perform turn-up and activation per the approved implementation plan: o Client will mount and cable the Siklu and Aruba Wireless hardware. • Provide up to four (4) hours of onsite to support and provide guidance to the Electrician/LVC when they are installing/mounting the Silku and Aruba access point hardware, specifically with regards to alignment. • Perform Testing of Connectivity of the L2 backhaul and Wireless solution while performing testing of Network Functionality and Operation State while recording results. • Provide up to 4 hours of day 1 go live support after the wireless APs are deployed. • Update As built documentation. • Provide a knowledge transfer on the updates and additions. • Hold a Project Closeout meeting. D. Pricing: The following table provides pricing for products and services included in this statement of work. Pricing does not include any applicable Federal, State, and local Taxes, surcharges, Fees, or Transportation costs. Please also see the Additional Terms. 01-08-2024** ** Start Date is the date Netrix plans to begin the onboarding process. E. Items to be Provided by Client: 1. Client will be responsible for the mounting and installations of the outdoor Wireless devices. 2. Client will be responsible for providing the appropriate electrical power to support the outdoor Wireless devices. 3. Client will designate a Project Coordinator for this project. The Coordinator will be the main point of contact between Netrix and Client. 4. Client shall ensure a designated site contact is always reachable during the Services for the entire duration of the project. 5. Client will provide Netrix with workspace and network connections for on-site efforts. 6. Client will work with Netrix to develop an outage schedule, if applicable. Client will be responsible for notifying users of the outage schedules. 7. Client has and will maintain valid licenses for all systems relevant to this project and will maintain manufacturer software and hardware support contracts for all related hardware and software. 8. Client will provide adequate power and network connectivity. Netrix SKU Description Qty Fixed Cost DELOPS-PS-MILESTONE 50% Invoiced upon execution of this contract 1 $8,025.00 DELOPS-PS-MILESTONE 50% Invoiced upon completion of project 1 $8,025.00 Total $16,050.00 393 This document may not be copied or distributed without permission. www.netrixglobal.com © 2023 Netrix, LLC Statement of Work | 4 of 4 9. Client will ensure decisions are made in a timely fashion as needed for agreed project schedule milestones. 10. Client will provide Netrix engineers with remote access to its network and servers upon Netrix request. This could be in the form of VPN access or SSH to the applicable network segments and devices. 11. Client will provide appropriate technical resource(s) (up to Global Administrator) and/or access to systems to enable Netrix resources to access all components, environments, and systems as needed in a timely manner. 12. Where possible, portions of the Services will be provided remotely to reduce travel costs. 13. Client will provide appropriate credentials to the network devices and servers with administrator level access to Netrix engineers where necessary, including domain administrator privileges in the domain. 14. Client will provide administrative access to the servers and systems required for the implementation of the described technologies. 15. Client will provide adequate space and climate control capable of supporting the new equipment. 16. Client will have a current backup of all necessary data in the event a data recovery is necessary. 17. If applicable, Client agrees to execute a Proof of Execution (POE) document based on the Netrix-provided template. F. Assumptions: 1. Where possible, portions of the Services will be provided remotely to reduce travel costs. 2. Client will reimburse Netrix for expenses. 3. Any delays that are not a direct result of Netrix activity may result in delays to the overall project timeline and may incur a change order. 4. Resource reservations, including scheduled status meetings and requests for resources to remain on standby status, will be billed for the full time of the reservation. 5. In the event of an initiated pause in the project of greater than two (2) calendar weeks, Netrix will invoice Client for the current relevant milestone. G. Additional Terms: 1. SOW Expiration: Unless otherwise approved by Netrix in writing or by executing this SOW, this SOW, including pricing, shall be invalid if not fully executed by Client on or before the date for pricing validity set forth at the top of this SOW. 394 395 396 New Furniture11/28/2023HBC-230905BUDGET ONLYCMAS # 4-23-01-1048Humanscale # MA-IS-1940141-8PRODUCT QUOTATION161 Pasadena Avenue, Suite ASouth Pasadena, CA 91030626.441.0300 FAX.441.0355www.m3office.comBill To: Deliver To:Valid Through:Description of Products and Services:Quote Number:Title:Manufacturing Lead Time:*Please allow an extra 3 to 5 days for transitDate:Salesperson:City of Hermosa Beach1315 Valley DriveHermosa Beach, CA 90254City of Hermosa Beach1315 Valley DriveHermosa Beach, CA 90254Eric RicoProject Manager12/15/2023Part Number Tag Qty Sell Ext SellLine #DT1ARY7236Rectangular Table with (2) Y-Legs, 72Wx36DKitchen Table1 $559.86 $559.861...Skipped Option...Skipped OptionMVISCWODWVisu Chair with Wood Base, Wood ShellKitchen Chairs6 $256.85 $1,541.102...Skipped OptionKTHP2SXSCk. task chair, high performance arms, plastic base, standard cylinder, no lumbar, soft castersConference Rooms10 $388.50 $3,885.003~ Black...Skipped OptionDT1ACX48Round Table with X Base, Standard Desk Height, 48" WideConference Rooms1 $386.61 $386.614...Skipped OptionDT1ARY9642Rectangular Table with (2) Y-Legs, 96Wx42DConference Rooms1 $616.14 $616.145...Skipped Option...Skipped Option441HP2SLSCASMReGeneration by Knoll flex back net task chair, high performance arms, plastic base, standard cylinder, with lumbar, soft casters, fully assembledTask Chairs10 $485.03 $4,850.306Page 1 of 3Y:\DATA\CLIENTS\Hermosa - City of\1315 Valley Dr\SPECIFICATIONS\2023\HBC-230905 Knoll_6.sp4397 Part Number Tag Qty Sell Ext SellLine #DK FINISH: Dark...Skipped Option...Skipped OptionTTDR6429NTone Dividends Horizon Table Top, Rectangular, 64W x 29D x 1-1/4H, no grommetHeight Adj Desks10 $151.83 $1,518.307...Skipped OptionFYH12TSeFloat Go 2.0, SilverHeight Adj Desks10 $384.45 $3,844.508NH1NAPPCAWNeatHub, White, 2 AC power outlets, 1 USB C outlet, 1 USB A outletDesktop Power10 $110.76 $1,107.609M81M8.1 Monitor ArmDouble Monitor Arms10 $221.88 $2,218.8010CMTwo-Piece Clamp Mount with BaseSSilver with Gray TrimBAngled Link/Dynamic LinkTStandard Monitor Tilt (One per monitor)BStandard 100mm x 100mm, blackBS2PML24FLMobile Pedestal, Series 2 laminate front, Box/File, 22-3/4D, with lock, with Template pullMobile Storage10 $301.56 $3,015.6011...Skipped Option...Skipped Option...Skipped OptionT5" Template Pull...Skipped Option...Skipped OptionLABORD&I, Prevailing Wage1 $3,200.00 $3,200.0012SALES TAX9.5%$2,540.66 $2,540.66TOTAL:_____________________________________________________________________________________________________$29,284.47*Credit Card purchases requires 100% payment at time of order.*Deposit:*Please read the following TERMS and CONDITIONS, and sign where indicated to accept this proposal:Page 2 of 3Y:\DATA\CLIENTS\Hermosa - City of\1315 Valley Dr\SPECIFICATIONS\2023\HBC-230905 Knoll_6.sp4398 Part Number Tag Qty Sell Ext SellLine #M3 GENERAL TERMS AND CONDITIONS Payment TermsM3 requires a deposit equal to 50% of the total order. The balance is due upon receipt of invoice. Credit card purchases require that 100% be charged to the card at the time of order placement. All credit card transactions that are $75,000 and above will be charged a 3% convenience fee. If any products are unacceptable or undeliverable, the invoiced dollar amount for those items only may be withheld until satisfactorily resolved. The dollar amount for the balance of delivered and accepted product remains due upon receipt of invoice. The product on this order is not intended for resale. The warranty is valid for the original customer only and is not transferable with resale.Delays at the customer’s site that require holding or re-routing of products will result in double-handling and/or storage charges. Product requiring storage will be invoiced at the commencement of storage and must be paid in full upon receipt of invoice. On-going storage charges will apply.Changes/CancellationsAll goods sold by M3 are from Quick Ship Programs or from manufacturer’s standard lead times. Changes and or cancellations are not allowed on products ordered from Quick Ship Programs. Standard lead-time products are subject to the manufacturer’s terms and conditions. Cancellation fees are also subject to restocking charges by the manufacturer. Custom items are not subject to change or cancellation after order placement.Installation and DeliveryInstallation quotes are based on all work being performed during normal working hours, Monday through Friday, 8:00 a.m. to 5:00 p.m., unless otherwise specified. Labor rates are based on single 8-hour shifts. All work will be quoted as non-union labor unless otherwise requested by the client.The installation price is based on installing products per the specifications, drawings and site conditions made known to M3 at time of quotation. Prices are predicated on “free and clear” site conditions and elevator/loading dock access.Low-voltage phone/data cable and electrical hard wiring services are not included in M3’s scope of work. Acts Beyond M3 shall not be considered in default of any of its obligations under terms of our purchase order Reasonable Controlto the extent that the performance thereof is delayed or rendered impossible by acts of God, civil commotion, fire, earthquake, flood, explosion, strikes, walkouts, other industrial disturbances or any other cause that is beyond our reasonable control.NOTICE: TSCA Title VI compliant for formaldehyde.By your signature below, you confirm that you have read and understood the aboveM3 GENERAL TERMS AND CONDITIONS and agree that they constitute a part of the contract and control in all matters related to the contract. Approved By: _____________________________________________ Date:_______________Client Name / Title_____________________________________________ PO:________________ Client Signature__________________________M3 Salesperson SignatureTHANK YOU for your order!Page 3 of 3Y:\DATA\CLIENTS\Hermosa - City of\1315 Valley Dr\SPECIFICATIONS\2023\HBC-230905 Knoll_6.sp4399 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0694 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 AWARD OF CONSTRUCTION CONTRACT FOR CIP 696 POLICE STATION IMPROVEMENTS (Public Works Director Joe SanClemente) Recommended Action: Staff recommends City Council: 1.Award a construction contract for CIP 696 Police Station Improvements to R Dependable Const Inc. in the amount of $148,790 (Attachment 2); 2.Authorize the Director of Public Works to establish a 30 percent project contingency amount of $44,637 and to approve contract change orders up to the amount of the approved contract contingency; 3.Adopt the attached resolution entitled “A Resolution of the City Council of the City of Hermosa Beach Approving the Construction of CIP 696 Police Station Improvements Pursuant to Government Code Section 830.6 and Establishing a Project Payment Account (Attachment 3) ;” 4.Authorize the Mayor to execute the construction contract and the City Clerk to attest,subject to approval by the City Attorney; and 5.Authorize the Director of Public Works to file a Notice of Completion following final completion of the project. Executive Summary: Capital Improvement Program (CIP)Project CIP 696 Police Station Improvements includes renovations to existing police station offices to convert the space into an evidence room. Improvements include new finishes and electrical and mechanical work in the area shown on the work area map provided in Attachment 4.Staff received five bids for the construction of the project and recommends City Council award a construction contract to the lowest responsible and responsive bidder, R Dependable Const Inc. Background: Capital Improvement Program (CIP)Project CIP 696 Police Station Improvements includes,but is not limited to,reconfiguring and improving approximately 300 square feet of existing office and record management space.The project includes demolition and removal of existing partition walls,doors, City of Hermosa Beach Printed on 12/7/2023Page 1 of 5 powered by Legistar™400 Staff Report REPORT 23-0694 management space.The project includes demolition and removal of existing partition walls,doors, flooring,electrical and mechanical systems,and construction of the same based on the new space configuration.The reconfiguration would provide the Hermosa Beach Police Department a dedicated evidence and processing room with a focus on increased security. On April 19,2022,Westgroup Designs was selected from the City’s list of on-call architectural design consultants to design and prepare plans and specifications for the project.On July 13,2023,the City issued a Notice Inviting Bids 23-005 inviting experienced contractors to submit a competitive bid for project construction.The City received two bids on August 15,2023.City Council subsequently rejected the bids at its September 12,2023 meeting based on bid pricing and references and directed staff to re-advertise the project. Past Council Actions Meeting Date Description September 12, 2023 City Council rejected all bids received August 15, 2023 for the construction of the project and directed staff to re- advertise. Analysis: On September 28,2023,the City issued Notice Inviting Bids 23-008 inviting experienced and highly qualified construction teams to submit a bid for construction of the project through a competitive process.The notice was advertised on September 21,2023,in the Easy Reader,on the City’s website,and on the City’s online bidding platform,PlanetBids.On November 2,2023,the City received a total of five bids,which were opened and read aloud by the City Clerk.The bid results are provided in Attachment 1 and summarized below. BIDDER BID AMOUNT Esparza Development $136,000.00 R Dependable Const Inc.$148,790.00 Meyers Construction Co.$164,600.00 ENL Building Service Inc.$167,000.00 CTG Construction, Inc. DBA C.T. Georgiou Painting Co $250,000.00 On November 13,2023,the City received a formal bid protest from the second apparent low bidder (R Dependable Const Inc.)with respect to CIP 696 Police Station Improvements Project (Attachment 7).The bid protest noted that in the City’s instruction to bidders,the bid documents required the Contractor to demonstrate a minimum of five projects of similar type of construction and magnitude with other public agencies within the past five years.The bid protest cited that the bid by Esparza City of Hermosa Beach Printed on 12/7/2023Page 2 of 5 powered by Legistar™401 Staff Report REPORT 23-0694 with other public agencies within the past five years.The bid protest cited that the bid by Esparza Development listed only one project that ended in 2016 and therefore did not meet requirements. Per the Protest Procedures outlined in Section III of the Instruction to Bidders in the Project Contract Documents,the bid protest was sent to all parties that may be affected by the outcome of the protest. A deadline for submitting a response to the bid protest was established as Wednesday November 22, 2023, at 12:00 p.m. Esparza Development did not respond to the bid protest by the stated deadline.Staff recommends sustaining the protest and determining that the apparent low bid is non-responsive as it did not list the required five projects of similar type of construction and magnitude with other public agencies within the past five years.Further,the lack of the required projects within the stated period results in a determination that the bidder is non-responsible pursuant to Public Contract Code §1103 in that the bidder lacks the required experience to satisfactorily perform the public works contract. Accordingly, staff recommends City Council reject Esparza Development’s bid. Staff reviewed the bid documents for the second lowest bidder and found R Dependable Const Inc. (R Dependable)to be the lowest responsible and responsive bidder.The lump-sum pricing for the low bid was generally consistent with the engineer’s estimate of $150,000. Staff confirmed R Dependable’s contractor license is active and in good standing with the Contractor’s State License Board.Staff contacted references and confirmed competency through completion of recent projects of similar type of work within the past five years.Overall,staff finds R Dependable to be a qualified contractor to complete the proposed work for the project and recommends City Council award the construction contract to R Dependable (Attachment 2). Staff would provide the construction management and inspection services to oversee the work during construction.Staff anticipates construction to start as soon as January 2024,with an anticipated completion date in March 2024. Environmental Analysis The Project is exempt under the California Environmental Quality Act (“CEQA”)pursuant to CEQA Guidelines section 15301 (Existing Facilities).The proposed work is a minor alteration of existing public structures or facilities involving negligible or no expansion of existing use.No exceptions to the CEQA exemption apply. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: City of Hermosa Beach Printed on 12/7/2023Page 3 of 5 powered by Legistar™402 Staff Report REPORT 23-0694 Public Safety Element Goal 5. High quality police and fire protection services provided to residents and visitors. Policy: ·5.2 High level of response.Achieve optimal utilization of allocated public safety resources and provide desired levels of response,staffing,and protection within the community. Infrastructure Element Goal 1. Infrastructure systems are functional, safe, and well maintained. Policies: ·1.1 Infrastructure systems plan.Establish and adopt an integrated,holistic systems approach to guide infrastructure development, improvement, maintenance, and resilience. ·1.2 Priority Investments.Use City Council established priorities and the Capital Improvement Program (CIP)to identify and allocate funding for projects identified in the infrastructure plan. Fiscal Impact: CIP 696 Police Station Improvements is budgeted in the FY23-24 Adopted Budget,Capital Improvement Fund.Sufficient funds are available in the Capital Improvement Fund to cover construction costs.The lowest responsible and responsive bidder,R Dependable Const.Inc,bid at $148,790.Staff recommends establishing a 30 percent contingency of $44,637 to cover any unforeseen conditions or additional work required during construction,for a total construction budget not to exceed $193,427. Purchase Order Request Fund Request Amount FY 23-24 Budget Dept. Account # Total Contract Amount Capital Improvement Fund $193,427 301-8696-4201 $193,427 Attachments: 1.Bid Opening Log 2.Draft Contract 3.Draft Resolution 4.Work Area Map City of Hermosa Beach Printed on 12/7/2023Page 4 of 5 powered by Legistar™403 Staff Report REPORT 23-0694 5.R Dependable Const. Inc., Bid Documents 6.Esparza Development, Bid Documents 7.Bid Protest Document 8.Link to September 12, 2023, City Council Staff Report Respectfully Submitted by: Saad Malim, Senior Engineer Concur: Lucho Rodriguez, City Engineer Concur: Joe SanClemente, Public Works Director Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 12/7/2023Page 5 of 5 powered by Legistar™404 405 406 36 CONTRACT AGREEMENT This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between R Dependable Const Inc. (hereinafter referred to as "CONTRACTOR") and the City of Hermosa Beach, California, a municipal corporation (hereinafter referred to as "CITY"). R E C I T A L S A. Pursuant to the Notice Inviting Sealed Bids for CIP NO. 696 POLICE STATION IMPROVEMENTS (“Project”), bids were received, publicly opened, and declared on the date specified in the notice; and B. On December 12, 2023, City’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR; and C. The City Council has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the CIP No. 696 POLICE STATION IMPROVEMENTS in the City of Hermosa Beach. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the CIP NO. 696 POLICE STATION IMPROVEMENTS in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated September 2023 (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications 2021 edition, Special Provisions, Exhibit A and Exhibit B, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any 407 37 inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the Builders General Provisions and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings. 3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal $148,790.00 as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 30 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. 5. LIQUIDATED DAMAGES: In accordance with Government Code section 53069.85, it is agreed that CONTRACTOR will pay to CITY the sum set forth in Part 1 General Provisions Section 6-9 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, CONTRACTOR agrees CITY may deduct that amount from any money due or that may become due CONTRACTOR under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. 6. SUBSTITUTION OF SECURITIES: Pursuant to section 22300 of the Public Contract Code of the State of California, CONTRACTOR may request CITY to make retention payments directly to an escrow agent or may substitute securities for any money withheld by CITY to ensure performance under the contract. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with CITY or with a state or federally chartered bank as the escrow agent who shall return such securities to CONTRACTOR upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code. 7. PREVAILING WAGES AND CALIFORNIA LABOR LAWS: Pursuant to Labor Code §§ 1720 et seq., and as specified in 8 California Code of Regulations § 16000 (“Prevailing Wage Laws”), CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements, and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. CONTRACTOR and any subcontractor shall forfeit a penalty of up to $200 408 38 per calendar day or portion thereof for each worker paid less than the prevailing wage rates. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site. CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except: When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman. When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions. CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices. 409 39 Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. The CONTRACTOR or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law. CONTRACTOR and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of CONTRACTOR in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such CONTRACTOR must comply with this section. Should noncompliance still be evident after such 10-day period, CONTRACTOR shall, as a penalty to CITY, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on CONTRACTOR. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project. By executing this Contract, CONTRACTOR verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of 410 40 California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or 40 hours in any one calendar week in violation of the Labor Code. 9. PUBLIC WORKS CONTRACTOR REGISTRATION: Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (DIR). No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. 10. LABOR COMPLIANCE AND STOP ORDERS: This Project is subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against CONTRACTOR or any subcontractor that affect CONTRACTOR’s performance of Work, including any delay, shall be CONTRACTOR’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay subject to any applicable liquidated damages and shall not be compensable by the CITY. CONTRACTOR shall defend, indemnify, and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor. 11. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS: Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid or may have been paid to a debarred subcontractor by a contractor on the Project shall be returned to the CITY. CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. 12. LABOR/EMPLOYMENT SAFETY: CONTRACTOR shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA 411 41 requirements and requirements for verification of employees’ legal right to work in the United States CONTRACTOR shall maintain emergency first aid treatment for its employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. CONTRACTOR shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. CONTRACTOR shall submit the Illness and Injury Prevention Program and a Project site specific safety program to CITY prior to beginning Work at the Project site. CONTRACTOR shall maintain a confined space program that meets or exceeds the CITY Standards. CONTRACTOR shall adhere to CITY’s lock out tag out program. 13. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 14. CONTRACTOR'S LIABILITY: The City of Hermosa Beach and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. To the fullest extent permitted by law, CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, clai ms, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, 412 42 operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made, a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation, or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, to the extent required by Civil Code section 2782, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 15. THIRD PARTY CLAIMS: In accordance with Public Contract Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of 413 43 this Agreement. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim. 16. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. 17. INSURANCE: CONTRACTOR shall procure and maintain for the duration of the Agreement, and for 1 year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees, or subcontractors. a. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as: i. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. ii. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage. iii. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. iv. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. v. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate. vi. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. vii. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. Any available 414 44 insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. b. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either: the CONTRACTOR shall obtain coverage to reduce or eliminate such self-insured retentions as respects the CITY, its officers, officials, employees, and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions. i. The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the CONTRACTOR. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). ii. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it. iii. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the CITY. d. Builder’s Risk (Course of Construction) Insurance. i. CONTRACTOR may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the CITY as a loss payee as their interest may appear. ii. If the Project does not involve new or major reconstruction, at the option of the CITY, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the CITY’s site. 415 45 e. Claims Made Policies. If any coverage required is written on a claims-made coverage form: i. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. iii. If coverage is cancelled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective, or start of work date, the CONTRACTOR must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. iv. A copy of the claims reporting requirements must be submitted to the CITY for review. v. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold. f. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the CITY. g. Waiver of Subrogation. CONTRACTOR hereby agrees to waive rights of subrogation which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents, and subcontractors. h. Verification of Coverage. CONTRACTOR shall furnish the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. i. Subcontractors. CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and CONTRACTOR shall ensure that CITY is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. j. Special Risks or Circumstances. CITY reserves the right to modify these 416 46 requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 18. ASSIGNMENT: This contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect. 19. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY. 20. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date. 21. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance. Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within five (5) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 22. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for four years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours. 23. SEVERABILITY. If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion 417 47 enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 24. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged. 25. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf. 26. NOTICES: All notices permitted or required under this Agreement shall be in writing and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. 418 48 CITY OF HERMOSA BEACH 1315 Valley Drive Hermosa Beach, CA 90254 Attention: Project Manager CONTRACTOR: Attention: 27. DISPUTES: Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. Claims: For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of which is disputed by the CITY. A “Claim” does not include any demand for payment for which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until CONTRACTOR completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the CITY and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. 419 49 Supporting Documentation. The CONTRACTOR shall submit all claims in the following format: Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made List of documents relating to claim: Specifications Drawings Clarifications (Requests for Information) Schedules Other Chronology of events and correspondence Analysis of claim merit Analysis of claim cost Time impact analysis in CPM format If CONTRACTOR’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, CONTRACTOR shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq. City’s Response. Upon receipt of a claim pursuant to this Section, CITY shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide CONTRACTOR a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement. If CITY needs approval from its governing body to provide the CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, CITY shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion. 420 50 Within 30 days of receipt of a claim, CITY may request in writing additional documentation supporting the claim or relating to defenses or claims CITY may have against the CONTRACTOR. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of CITY and the CONTRACTOR. CITY’s written response to the claim, as further documented, shall be submitted to CONTRACTOR within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by CONTRACTOR in producing the additional information or requested documentation, whichever is greater. Meet and Confer. If the CONTRACTOR disputes CITY’s written response, or CITY fails to respond within the time prescribed, the CONTRACTOR may so notify CITY, in writing, either within 15 days of receipt of CITY’s response or within 15 days of CITY’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, CITY shall schedule a meet and confer conference within 30 days for settlement of the dispute. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, CITY shall provide the CONTRACTOR a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after CITY issues its written statement. Any disputed portion of the claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation, with CITY and CONTRACTOR sharing the associated costs equally. CITY and CONTRACTOR shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing unless the parties agree to select a mediator at a later time. If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. Unless otherwise agreed to by CITY and CONTRACTOR in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. The mediation shall be held no earlier than the date CONTRACTOR completes the Work or the date that CONTRACTOR last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation unless a new unrelated claim arises after mediation is completed. 421 51 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, CONTRACTOR must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time CONTRACTOR submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation. Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section: Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, CONTRACTOR must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the CITY. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by CONTRACTOR. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, CONTRACTOR shall be barred from bringing and maintaining a valid lawsuit against the CITY. A Government Code claim must be filed no earlier than the date the work is completed or the date CONTRACTOR last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. 422 52 Non-Waiver. CITY’s failure to respond to a claim from CONTRACTOR within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. CITY’s failure to respond shall not waive CITY’s rights to any subsequent procedures for the resolution of disputed claims. 28. NON-DISCRIMINATION: Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age, or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735. 29. TERMINATION: This Contract may be terminated by CITY at any time, either with or without cause, by giving CONTRACTOR three (3) days advance written notice. In the event of termination by CITY for any reason other than the fault of CONTRACTOR, CITY shall pay CONTRACTOR for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, CITY may terminate the Contract immediately without notice, may reduce payment to CONTRACTOR in the amount necessary to offset CITY’s resulting damages, and may pursue any other available recourse against CONTRACTOR. CONTRACTOR may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, CITY may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, CITY may require CONTRACTOR to provide all finished or unfinished documents, data, diagrams, drawings, materials, or other matter prepared or built by CONTRACTOR in connection with its performance of this Contract. 30. ANTI-TRUST CLAIMS: This provision shall be operative if this Contract Agreement is applicable to California Public Contract Code Section 7103.5. In entering into this Contract Agreement to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Agency all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract Agreement. This assignment shall be made and become effective at the time the Agency tenders final payment to Contractor, without further acknowledgment by the Parties. 31. NO THIRD-PARTY BENEFICIARY: This Contract and every provision herein are for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract. 32. TIME IS OF ESSENCE: Time is of the essence for each and every provision of the Contract Documents. 423 53 33. FORCE MAJEURE: If CONTRACTOR is delayed in the performance or progress of the work by a Force Majeure Event, then the CONTRACTOR shall be entitled to a time extension, as provided in the contract documents, when the work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be CONTRACTOR’s sole and exclusive remedy for such delays and the CONTRACTOR will not receive an adjustment to the contract price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the contract documents. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of CONTRACTOR and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. 34. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE: Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state, and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. 35. ACCEPTANCE OF FACSIMILE SIGNATURES: The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 36. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 424 54 IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California CONTRACTOR'S License No. CONTRACTOR By: Date TITLE CITY OF HERMOSA BEACH, CALIFORNIA By: Date MAYOR ATTEST: By: Date CITY CLERK CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time: ( ) APPROVED AS TO FORM: CITY ATTORNEY Date 425 Page 1 of 4 RES NO. 23- CITY OF HERMOSA BEACH RESOLUTION NO. 23-XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING THE CONSTRUCTION OF CIP 696 POLICE STATION IMPROVEMENTS PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6, SUSTAINING THE DETERMINATION OF NON- RESPONSIVENESS AND NON-RESPONSIBILITY, AND ESTABLISHING A PROJECT PAYMENT ACCOUNT WHEREAS, The City solicited competitive bids for the Police Station Improvements Project; and WHEREAS, Bids were received and opened publicly on November 2, 2023, and [R Dependable Const Inc.] was chosen as the lowest responsible bidder; WHEREAS, There was another bidder (Esparza Development) that submitted a lower bid than R Dependable Const Inc.; however after a bid protest, City staff determined that this bid was non-responsive and that the bidder was not responsible; WHEREAS, The City Council, desires to confirm City staff’s determination and award the construction contract to the lowest responsible bidder, [R Dependable Const Inc.] for the Police Station Improvements Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. On November 2, 2023 the City received a total of five (5) bids which are summarized below: BIDDER BID AMOUNT Esparza Development $ 136,000.00 R Dependable Const Inc. $ 148,790.00 Meyers Construction Co. $ 164,600.00 426 Page 2 of 4 RES NO. 23- ENL Building Service Inc. $ 167,000.00 CTG Construction, Inc. DBA C.T. Georgiou Painting Co $ 250,000.00 On November 13, 2023, the City received a formal bid protest from the second apparent low bidder (R Dependable Const Inc) with respect to CIP 696 Police Station Improvements Project. In pertinent, the bid protest noted that in the City’s instruction to bidders, the bid documents required that the Contractor demonstrate that it shall have a minimum of five (5) projects of similar type of construction and magnitude with other public agencies within the past five (5) years. Further, the bid protest pointed out that the bid by Esparza Development listed only one (1) project that ended in 2016 (i.e., did not list a minimum of five (5) projects of similar type of construction and magnitude with other public agencies within the past five (5) years). Per the Protest Procedures outlined in Section III of the Instruction to Bidders in the Project Contract Documents, the bid protest was sent to all parties that may be affected by the outcome of the protest. A deadline for submitting a response to the bid protest was established for Wednesday November 22, 2023, at 12 p.m. Esparza Development did not respond to the bid protest. As such, the City staff recommends sustaining the protest, determining that the apparent low bid is materially non-responsive as it did not list the required five (5) projects of similar type of construction and magnitude with other public agencies within the pas t five (5) years. Further, the lack of the required projects within the stated period of time results in a determination that the bidder is non-responsible pursuant to Public Contract Code § 1103 in that the bidder lacks the required experience to satisfactorily perform the public works contract. Thus, the City Council rejects the Esparza Development’s bid on the above bases and awards the construction contract to the lowest responsible bidder, [R Dependable Const Inc.] for the Police Station Improvements Project. SECTION 2. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regards to the plans and construction of the Project. The City Engineer finds that the plans are complete, and the Project may be constructed. SECTION 3. Design Immunity; Authorization 427 Page 3 of 4 RES NO. 23- A. The design, plans and vendor proposal for the Project are determined to be consistent with the City’s standards and are approved; B. The design approval set forth in this Resolution occurred before actual work on the Project construction commenced; C. The approval granted by this Resolution conforms with the City’s General Plan; D. The City Engineer, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the design and plans approved by this Resolution; and E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. SECTION 4. For purposes of the Contract Documents administering the Project, the City establishes an account containing sufficient monies from the current and following fiscal year budget to pay for the project. This Account is the sole sources of funds available for the Construction Sum as defined in the Contract Document administering the Project. SECTION 5. The Project is exempt under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 (Existing Facilities). The proposed work is a minor alteration of existing public structures or facilities involving negligible or no expansion of existing use. No exceptions to the CEQA exemption apply. SECTION 5. The City Clerk is directed to certify the adoption of this Resolution. SECTION 6. This Resolution will become effective immediately upon adoption. PASSED, APPROVED, and ADOPTED on this 12th day of December, 2023. 428 Page 4 of 4 RES NO. 23- Mayor Justin Massey PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Myra Maravilla, MPA, CMC Patrick Donegan, City Clerk City Attorney 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 IV. BID DO CUMENTS A.PRO PO SAL CIPNO.696 POLICE STATION IMPROVE MENTS CONTRA CTOR: ESPARZA DEVELOPMENT Date: 11/02/2023 TO: City of Hermosa Beach Honorable Mayor and Members of the City Council City Hall Hermosa Beach, California, 90254 Ladies and Gentlemen: The undersigned declares that he/she has carefully examined the location of the proposed work and that he/she has examined the Plans and Specifications, has read the Contract Documents, and hereby agrees to furnish all labor, materials, equipment, tools, transportation, and services to do all work required for: CIPNO.696 POLICE STATION IMPROVE MENTS In accordance with the Plans and Specifications prepared by the Engineer, in accordance with the Special Provisions, the Contract Documents, and in accordance with the Standard Specifications for Public Works Construction 2021, Unified Building Code for Construction (current edition) (except Sections 1-9), and the requirements of the Engineer under said documents, for the prices shown herein. The Contractor also certifies that he/she is registered with the Department oflndustrial Relations. All work shall be completed within thirty (30) working days from the date the Notice to Proceed is issued by the Engineer. 1001041605 PWCR Registration Number 16 455 ONE HUNDRED THIRTY SIX THOUSAND DOLLARS $136,000.00 136,000.00 136,000.00 THIRTEEN THOUSAND SIX HUNDRED 456 457 458 459 460 461 462 proper opening by the City. 8.The undersigned Bidder stated under penalty of perjury that the representations made in submitting this bid are, to the best of his/her knowledge, true, accurate, and complete. Respectfully submitted, ESPARZA DEVELOPMENT Contractor's Business Name P.O. BOX 2204, Business Address: Street POMONA, CA 91769 City State Classification 909-821-7591 Business Phone Number Zip MICHAEL ESPARZA -OWNER Name Title POMONA, CA 91769 City State Zip OWNER Contractor Signature Title MICHAEL ESPARZA -OWNER By Title 545816 - B Contractor's License No. and 11/02/2023 Date P.O. BOX 2204 Residence: Street 909-821-7591 Residence Phone Number Note: If the bid is made by an individual, it must be signed with the full name of the Bidder, whose address must be given: if it is made by a firm, it must be signed in the co partnership's name by a general partner thereof, who shall also sign his or her own name, and the name and full address of each member must be given; and if it is made by a corporation, it must be signed by a properly authorized officer, the corporate name shall be set forth, and the corporate seal shall be affixed. 23 463 464 465 466 467 468 469 470 471 472 473 474 475 476 ACKNOWLEDGEMENT OF ADDENDUM No. 1 CIP 696 -POLICE STATION IMPROVEMENTS CITY Of HERMOSA BEACH Complete and sign this acknowledgement form. Enclose the original copy of the acknowledgement in your bid. Failure to do so may result in the disqualification of your firm's bid. The undersigned acknowledges receipt of Addendum No. 1 dated October 24, 2023. ATTEST: Principal: Address: By: Title: Page3 1315 Valley Drive, Hermosa Beach, CA 90254 I hermosabeach.gov I (I @HermosaBeachCity W HermosaBchCity ACKNOWLEDGED 477 478 479 11/13/2023 City of Hermosa Beach, Public Works Department 1315 Valley Drive, Suite 100 Hermosa Beach, CA 92522 ATTN: Saad Malim, ATTN: City Manager Re: BID 23-008 - CIP 696 Police Station Improvements To whom it may concern: Pertaining to the above noted project R Dependable Const. Inc. is Protesting the bid of the apparent low bidder “Esparza Development”, for the following reasons: Esparza Development failed to comply with the instruction to bidders, Section III, page 11 – “Qualifications of Bidders”, which states, “Qualifications of Bidders: Each Bidder shall be skilled and regularly engaged in the general class or type of work called for under the Contract. A statement setting forth their experience shall be submitted by each Bidder on the References of Work form provided herein. Each Bidder shall possess valid active Contractor’s License issued by the Contractor’s State License Board at the time their bid is submitted. The class of license shall be applicable to the work specified in the Contract. Each Bidder shall also have no less than five (5) years’ experience in the magnitude and the character of the work bid. Pursuant to section 1103 of the Public Contract Code, City staff has determined that the following non-exhaustive experience is reasonably necessary to satisfactorily perform the public works Contract: The Contractor shall have a minimum of five (5) projects of similar type of construction and magnitude with other public agencies within the past five (5) years. The Contractor shall have been in the business under the same name and California Contractor’s License for a minimum of five (5) continuous years prior to the bid opening date for this project. Esparza Development listed only 1 project that ended in 2016, over 5 years ago. We made a public record request on 11/02/23 for review of bid documents, we received request #23- 439 on 11/09/23 at 5:32PM, after hours closing for the holiday weekend. We sent our protest ASAP. Based on this information R Dependable should be considered as the lowest responsible bidder. Respectfully Rosemary Padilla President 480 481 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0746 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 DISCUSSIONS AND DIRECTION TO CITY STAFF REGARDING REMOTE PARTICIPATION AT CITY MEETINGS AS WELL AS OTHER FORMAT AND OPERATIONAL CONCERNS RELATED TO CITY COUNCIL MEETINGS (City Attorney Patrick Donegan) Recommended Action: Staff recommends City Council discuss and provide direction regarding the continued use of remote (Zoom)public participation at City Council meetings,application of any remote public participation policies to other City Boards and Commissions,and any other format or meeting policies City Council would like to see implemented, modified, and/or removed. Executive Summary: Like other jurisdictions throughout the state,the City of Hermosa Beach monitored the use and efficacy of remote (Zoom)participation by the public at its various meetings since returning to in- person meetings post the COVID-19 pandemic. This item is presented to allow City Council to deliberate and direct staff on whether to continue use of remote public participation options at its meetings and whether to implement the results of that decision throughout all other City Boards and Commissions.The City Council should also consider whether other changes are necessary to the format and operations of its meetings so that the public’s business is conducted in a more efficient and transparent manner. Background: Consistent with social distancing mandates and other applicable health orders related to the COVID- 19 pandemic,Hermosa Beach City Council and other City Boards and Commissions conducted its meetings solely via the Zoom platform.Emerging from the pandemic,City Council first instituted hybrid meetings where Councilmembers could attend either in-person in City Hall Chambers or remotely.Members of the community and general public were also provided the option to attend either in-person or attend and participate via the remote option. At its August 10,2021 meeting,City Council authorized the continuation of a hybrid (in-person and virtual)format for meetings conducted by the City or held on City property in its continued response City of Hermosa Beach Printed on 12/11/2023Page 1 of 6 powered by Legistar™482 Staff Report REPORT 23-0746 virtual)format for meetings conducted by the City or held on City property in its continued response to the COVID-19 declared emergency. Now,almost four years later,City Council meets in-person,subject to the Brown Act’s remote attendance rules when applicable,but still allows members of the public to view and participate (i.e., provide public comments during the various portions of the meeting when called upon)remotely. However,no formal action or policy was adopted by either the City Council or any City Board or Commission related to the use and implementation of remote participation by the public extending beyond the COVID-19 pandemic. At its September 26,2023 City Council meeting,City Council was the target of a coordinated attack where multiple members of the public flooded the City’s Zoom meeting requesting to comment. These commenters proceeded to make hateful,bigoted,antisemitic,and sexist remarks intended to disrupt the meeting.These comments were not related to City business in any way and instead were vile attempts to stoke a reaction from City officials and disrupt the City Council’s public meeting. Unfortunately,Hermosa Beach was not alone in that other jurisdictions still allowing remote participation by the public were also victims of these coordinated “Zoom bombs”where similar racist, antisemitic, bigoted, and sexist comments were made in an attempt to disrupt the meeting. Since that September 26,2023 City Council meeting,the Zoom live comment function,allowing residents and members of the public to comment at meetings remotely has not been provided at City Board and Commission meetings.The suspension of this option was enacted for a variety of reasons,most notably the compounding toll on staff resources to manage the virtual public comment option,while ensuring that the technology needed to support Board Members,Commissioners,and staff during the meetings is managed effectively.Hosting virtual viewership through Zoom and toggling between public participation via Zoom,public participation in-person,PowerPoint presentations;and the Granicus software,which is the agenda management software,has become distracting and at times fraught with technical challenges. Members of the public are,of course,still able to submit written comments to these bodies,as well as attend in-person at the meetings.In the absence of any action by the City Council,the City Boards and Commissions were informed that each respective Board or Commission could set its own policy regarding remote participation, staff and City resources permitting. As of the date of this meeting,at least three subsidiary City bodies requested that the topic of remote participation by the public be placed on its respective agendas.However,as the City’s ultimate decision-maker the City Council has the discretion to set rules for all of its subsidiary bodies.Absent direction or action by the City Council,these bodies would be afforded the discretion to make its own polices subject to staffing and operational limitations. At its November 14,2023 meeting,Councilmember Jackson,Councilmember Detoy,and MayorCity of Hermosa Beach Printed on 12/11/2023Page 2 of 6 powered by Legistar™483 Staff Report REPORT 23-0746 At its November 14,2023 meeting,Councilmember Jackson,Councilmember Detoy,and Mayor Massey expressed support for an agenda item where remote public participation can be discussed. Further,the request included an option for other changes to the format and timelines for certain City Council items at City Council meetings also be considered during this item.These include,but are not limited to,options to ensure that items on the agenda are heard in a timely manner and are not delayed by numerous public comments that push the time these items are heard later and later into the night. Past Council Actions Meeting Date Description August 10, 2021 City Council authorized the continuation of a hybrid (in- person and virtual) format for meetings conducted by the City or held on City property in its continued response to the COVID-19 declared emergency. November 14, 2023 Request by Councilmembers Jackson and Detoy and Mayor Massey to place this item on a future agenda. Discussion: Remote Participation With City Council,and City Boards and Commissions,meeting in person in City Council Chambers, the Brown Act does not legally mandate that the public be allowed to participate remotely.Only if a member of the City Council attends the meeting under the remote participation rules under AB 2449 does the Brown Act require that the public also be allowed to attend and participate remotely.AB 2449,among other things,allows remote participation for “just cause”or “emergency circumstances” without identifying and making this remote location accessible to the public. The “old”Brown Act teleconferencing rules that require notice on the alternative location on the agenda and access to the public similarly does not require that the City allow remote participation by the public-unless they are physically present at the alternative location.However,nothing in the Brown Act would prohibit City Council from allowing remote public participation as a policy choice. Remote public participation was intended to allow busy City residents,and other members of the public,the ability to monitor and listen to City meetings.It also allows the public the ability to participate when an item of interest to them is called.The City was hopeful that remote participation would increase public input and allow a diverse group of public commenters,who otherwise had other obligations or plans that evening,the ability to participate in real time while running errands or fulfilling other commitments.Practically,wider participation has not come to fruition and the remote public comment section is often the arena for a small group of public commenters who make up the vast majority of all remote public comments. City of Hermosa Beach Printed on 12/11/2023Page 3 of 6 powered by Legistar™484 Staff Report REPORT 23-0746 Further,the technical responsibilities and the burden of hosting and running the remote participation via Zoom are not trivial.A dedicated staff member must monitor and run the hybrid meeting to ensure participation and the bandwidth required for the Zoom platform does tax the City’s computers, contributes to the City’s software freezing,and other technical issues.Finally,when a meeting is noticed such that it posits members of the public shall be allowed to attend and participate remotely, should the City’s ability to host and run the hybrid meeting be compromised,the meeting cannot continue. Remote public participation does allow those who cannot attend in person the ability to comment in real time when the item is heard.While written comments are always available to members of the public,remote participation does allow for a commenter to listen to the staff report and any questions the City Council may have and then make comments based on that information.While it has not been a medium that results in expanded public participation from a diverse group of members of the public, there is no guarantee that it cannot develop or evolve into that. City staff surveyed other jurisdictions and the City would not be alone in discontinuing remote public participation as standard operating procedure,although some jurisdictions still do allow it.The results of an informal survey conducted by City staff are included as Attachment 1. The basic findings of the survey indicate that out of 73 responding jurisdictions,including eight in the South Bay,66 indicated that they offered remote participation during the COVID-19 pandemic.A total of 25 jurisdictions has since discontinued the allowance of remote participation,but may still allow remote viewing and remote staff and elected members to participate.A total of seven jurisdictions indicated that while they do allow remote participation at the City Council level,they do not allow it for boards and commissions.Four respondents indicate that they only allow remote participation for its Planning Commission but not for other boards or commissions.The City of Redondo Beach recently voted to continue the practice of continuing remote participation.The cities of Manhattan Beach, Norwalk, and San Bernardino are actively reviewing the issue. Format and Structure of Meetings City Council has the discretion to set the structure and format of its meetings,provided these adhere to baseline constitutional requirements as well as the Brown Act.City Council meetings currently solicit general public comment,meaning public comment on items that are under the purview of the City Council but not on the night’s agenda,prior to items that are on the agenda.There is currently no time limit for this initial general public comment,which can result in numerous public commenters speaking on an item for over an hour that is not on the agenda.This,combined with the other items such as Proclamations/Presentations,City Councilmember Comments,and/or Consent Calendar Items pulled for general discussion can result in the Council’s Public Hearings not being heard until 8:30 p.m.or 9:00 p.m.This then causes the other items listed on the agenda to be heard later and later into the evening and has caused some members of the public to express frustration that theCity of Hermosa Beach Printed on 12/11/2023Page 4 of 6 powered by Legistar™485 Staff Report REPORT 23-0746 later into the evening and has caused some members of the public to express frustration that the actual items listed on the agenda are not heard for hours after the meeting starts. Staff examined how other jurisdictions attempt to balance the desire to allow general public comment,while still efficiently getting to the public’s business listed on the agenda at a reasonable hour.It is important so that those who are in attendance for an item are not forced to wait until the late hours to have their item heard.One possible solution is to bifurcate the general public comment item.The City Council could set a time limit for the initial general public comment (e.g.,15 minutes, 30,minutes 45 minutes,etc.)and then,if there are any remaining general public comments,inform the public that there will be another general public comment period at the end of the meeting.If this option is considered,City Council should consider the mechanics of such a system with direction to the City Clerk on who to call first during this initial period.Each city surveyed handles public comment in a unique way. Results garnered from the informal survey are included in Attachment 1. If there are any other modifications to the format and structure of City Council meetings,this is the time to raise them for discussion and direction to City staff.Similar to the remote participation item, City Council should also consider if any potential changes to meeting structure/format should apply to all City Boards and Commissions.To date,only the City Council has the issue of numerous general public comments pushing agenda items later into the evening.Other City Boards and Commissions have not experienced this issue. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Governance Element Goal 1. A high degree of transparency and integrity in the decision-making process. Policies: ·1.1 Open Meetings.Maintain the community’s trust by holding meetings in which decisions are being made,that are open and available for all community members to attend,participate, or view remotely. ·1.4 Consensus oriented. Strive to utilize a consensus-oriented decision-making process. Goal 2 The community is active and engaged in decision-making processes. Policy: ·2.3 Public participation guidelines.Establish parameters and guidelines to ensure public City of Hermosa Beach Printed on 12/11/2023Page 5 of 6 powered by Legistar™486 Staff Report REPORT 23-0746 participation is promoted through diverse methods. Fiscal Impact: There is no fiscal impact associated with the recommended action. Attachments: 1.Allowance of Remote Participation Survey 2.Link to August 10, 2021 City Council Staff Report 3.Link to November 14, 2023 City Council Agenda Respectfully Submitted by: Patrick Donegan, City Attorney Concur:Myra Maravilla, City Clerk Noted for Fiscal Schedule: Viki Copeland, Finance Director Legal Review: Patrick Donegan, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 12/11/2023Page 6 of 6 powered by Legistar™487 Page 1 of 7 Zoom Public Participation Survey Conducted by the Office of the City Clerk Introduction: The City Clerk’s office created a five-question survey to gage the use of Zoom as a public participation tool amongst California cities. The survey was sent to the South Bay City Clerks directly and separately sent to the Cal Cities City Clerk Listserv, a monitored email distribution, which includes member cities. The Cal Cities Listserv does not include non-member cities. We received 73 responses from unique cities, towns, and special districts as of December 6, 2023, the date on which this report was written. However, the survey will remain open until December 12, 2023 at noon. Supplemental entries received after the date this report is written will be added to the agenda as a supplemental item. Survey Start Date: November 27, 2023 at 2:30 p.m. Survey End Date: December 12, 2023 at 12:00 p.m. The list of respondents is found below. South Bay Cities are bolded. 1. Bakersfield 2. Berkeley 3. Brentwood 4. Buena Park 5. Carson 6. Citrus Heights 7. Coachella 8. Coronado 9. Costa Mesa 10. Cotati 11. Danville 12. Desert Water Agency 13. East Bay Regional Park District 14. El Centro 15. El Segundo 16. Emeryville 17. Fairfax 18. Farmersville 19. Firebaugh 20. Fremont 21. Fresno 22. Fullerton 23. Gardena 24. Glendora 25. Hesperia 26. Inland Empire Utilities Agency 27. Irwindale 28. Kingsburg 29. Laguna Beach 30. Laguna Hills 31. Lake Elsinore 32. Lakeport 33. Lawndale 34. Lemon Grove 35. Live Oak 36. Loomis 37. Los Angeles 38. Manhattan Beach 39. Monterey 40. Morgan Hill 41. Mt. Shasta 42. Napa 43. Newark 44. Norwalk 45. Oceanside 46. Patterson 47. Perris 48. Petaluma 49. Plymouth 50. Port Hueneme 51. Rancho Palos Verdes 52. Red Bluff 53. Redondo Beach 54. Rolling Hills 55. Salinas 56. San Anselmo 57. San Bernardino 58. San Bruno 59. San Dimas 60. San Fernando 61. San Jose 62. San Luis Obispo 63. San Rafael 64. Santa Cruz 65. Saratoga 66. Scotts Valley 67. Sebastopol 68. Sonoma 69. St. Helena 70. Sunnyvale 71. Thousand Oaks 72. Tulare 73. Victorville 488 Page 2 of 7 Question 1: Did your City Council and/or Boards & Commissions allow Zoom public participation during the COVID-19 emergency? Question 1 Responses: Response: No 1. Bakersfield 2. Hesperia 3. Kingsburg 4. Laguna Hills 5. Lemon Grove 6. San Bernardino 7. Tulare Response: Yes 1. Berkeley 2. Brentwood 3. Buena Park 4. Carson 5. Citrus Heights 6. Coachella 7. Coronado 8. Costa Mesa 9. Cotati 10. Danville 11. Desert Water Agency 12. East Bay Regional Park District 13. El Centro 14. El Segundo 15. Emeryville 16. Fairfax 17. Farmersville 18. Firebaugh 19. Fremont 20. Fresno 21. Fullerton 22. Gardena 23. Glendora 24. Inland Empire Utilities Agency 25. Irwindale 26. Laguna Beach 27. Lake Elsinore 28. Lakeport 29. Lawndale 30. Live Oak 31. Loomis 32. Los Angeles 33. Manhattan Beach 34. Monterey 35. Morgan Hill 36. Mt. Shasta 37. Napa 38. Newark 39. Norwalk 40. Oceanside 41. Patterson 42. Perris 43. Petaluma 44. Plymouth 45. Port Hueneme 46. Rancho Palos Verdes 47. Red Bluff 48. Redondo Beach 49. Rolling Hills 50. Salinas 51. San Anselmo 52. San Bruno 53. San Dimas 54. San Fernando 55. San Jose 56. San Luis Obispo 57. San Rafael 58. Santa Cruz 59. Saratoga 60. Scotts Valley 61. Sebastopol 62. Sonoma 63. St. Helena 64. Sunnyvale 65. Thousand Oaks 66. Victorville Yes 90% No 10% Did your City Council and/or Boards & Commissions allow Zoom public participation during the COVID-19 emergency? 489 Page 3 of 7 Question 2: Does your City Council currently allow for Zoom public participation? If so, is it audio only or video and audio? Question 2 Responses: Response: No 1. Bakersfield 2. Citrus Heights 3. Danville 4. El Segundo 5. Farmersville 6. Firebaugh 7. Fremont 8. Gardena 9. Hesperia 10. Irwindale 11. Kingsburg 12. Laguna Hills 13. Lake Elsinore 14. Lawndale 15. Lemon Grove 16. Morgan Hill 17. Napa 18. Newark 19. Oceanside 20. Patterson 21. Perris 22. Petaluma 23. Port Hueneme 24. Rolling Hills 25. San Bruno 26. San Dimas 27. San Rafael 28. Scotts Valley 29. St. Helena 30. Tulare 31. Victorville Response: Yes, audio and video 1. Berkeley 2. Buena Park 3. Carson 4. Coachella 5. Desert Water Agency 6. East Bay Regional Park District 7. El Centro 8. Fresno, CA 9. Glendora 10. Lakeport 11. Live Oak 12. Loomis 13. Norwalk 14. Plymouth 15. Rancho Palos Verdes 16. Red Bluff 17. San Jose 18. San Luis Obispo 19. Sebastopol 20. Sonoma 21. Thousand Oaks Response: Yes, audio only 1. Brentwood 2. Coronado 3. Costa Mesa 4. Cotati 5. Emeryville 6. Fairfax 7. Fullerton 8. Inland Empire Utilities Agency 9. Laguna Beach 10. Los Angeles 11. Manhattan Beach 12. Monterey 13. Mt. Shasta 14. Redondo Beach 15. Salinas 16. San Anselmo 17. San Bernardino 18. San Fernando 19. Santa Cruz 20. Saratoga 21. Sunnyvale 3121210 5 10 15 20 25 30 35 No Yes, audio and video Yes, audio only Does your City Council currently allow for Zoom public participation? If so, is it audio only or video and audio? 490 Page 4 of 7 Question 3 Analysis: Of the 66 jurisdictions that indicated they offered Zoom during the COVID-19 emergency, 25 have since discontinued the use of Zoom for public participation. Some jurisdictions that indicated they have discontinued the use of Zoom for public participation added, without being prompted, they continue to offer the Zoom platform as a viewing option and is available for staff and consultants to provide virtual staff presentations. One jurisdiction, unprompted, indicated they discontinued Zoom public participation option due to hate speech. Another jurisdiction, also unprompted, indicated they discontinued their use of Zoom public participation due to the threat of Zoom bombing. The City of Scotts Valley temporarily discontinued Zoom for Council meetings, but not for Boards and Commissions. They did not indicate the reason. The Cities of Brentwood and Saratoga only take in-person public comment at the beginning of the meeting for non-agenda items. They take Zoom comments at the end of their meetings for non-agenda items. Question 3: Do your Boards and Commissions currently allow for Zoom public participation? If so, is it audio only or video and audio? 37 16 18 1 1 0 5 10 15 20 25 30 35 40 No Yes, audio only Yes, audio and video No response As needed Do your Boards and Commissions currently allow for Zoom public participation? If so, is it audio only or video and audio? 491 Page 5 of 7 Question 3 Responses: Response: No 1. Bakersfield 2. Berkeley 3. Carson 4. Citrus Heights 5. Danville 6. El Segundo 7. Farmersville 8. Firebaugh 9. Fremont 10. Gardena 11. Hesperia 12. Inland Empire Utilities Agency 13. Irwindale 14. Kingsburg 15. Laguna Hills 16. Lake Elsinore 17. Lawndale 18. Lemon Grove 19. Morgan Hill 20. Napa 21. Newark 22. Oceanside 23. Patterson 24. Perris 25. Petaluma 26. Port Hueneme 27. Rolling Hills 28. Salinas 29. San Bernardino 30. San Bruno 31. San Dimas 32. San Luis Obispo 33. San Rafael 34. Santa Cruz 35. St. Helena 36. Tulare 37. Victorville Response: Yes, audio and video 1. Buena Park 2. Coachella 3. Desert Water Agency 4. East Bay Regional Park District 5. El Centro 6. Fresno 7. Glendora 8. Lakeport 9. Live Oak 10. Loomis 11. Norwalk 12. Plymouth 13. Rancho Palos Verdes 14. Red Bluff 15. San Anselmo 16. San Jose 17. Sebastopol 18. Sonoma Response: Yes, audio only 1. Brentwood 2. Coronado 3. Costa Mesa 4. Cotati 5. Emeryville 6. Fairfax 7. Fullerton 8. Laguna Beach 9. Manhattan Beach 10. Monterey 11. Mt. Shasta 12. Redondo Beach 13. San Fernando 14. Saratoga 15. Scotts Valley 16. Sunnyvale Response: No response 1. Los Angeles Response: As needed 1. Thousand Oaks Analysis: The Cities of Berkeley, Carson, San Luis Obispo, Inland Empire Utilities Agency, Salinas, San Bernardino, and Santa Cruz indicated they do allow Zoom public participation for City Council (or governing board) meetings (audio OR audio and video), but not for their Boards and Commissions. The Cities of Fairfax, Loomis, Morgan Hill, and Mt. Shasta indicated that only their Planning Commission allow for Zoom public participation. 492 Page 6 of 7 Question 4: If your City Council and/or Boards & Commissions currently allow Zoom public participation, are they looking to revert to in-person public comment only? Question 4 Responses: Response: No 1. Berkeley 2. Brentwood 3. Buena Park 4. Carson 5. Coachella 6. Coronado 7. Costa Mesa 8. Cotati 9. Desert Water Agency 10. East Bay Regional Park District 11. El Centro 12. Emeryville 13. Fairfax 14. Fresno 15. Fullerton 16. Glendora 17. Hesperia 18. Inland Empire Utilities Agency 19. Lakeport 20. Live Oak 21. Loomis 22. Los Angeles 23. Monterey 24. Mt. Shasta 25. Plymouth 26. Rancho Palos Verdes 27. Red Bluff 28. Redondo Beach 29. Salinas 30. San Anselmo 31. San Fernando 32. San Jose 33. San Luis Obispo 34. San Rafael 35. Santa Cruz 36. Saratoga 37. Scotts Valley 38. Sebastopol 39. Sonoma 40. Sunnyvale 41. Thousand Oaks Response: Not Applicable (In Person Only) 1. Bakersfield 2. Citrus Heights 3. Danville 4. El Segundo 5. Farmersville 6. Firebaugh 7. Fremont 8. Gardena 9. Irwindale 10. Kingsburg 11. Laguna Beach 12. Laguna Hills 13. Lake Elsinore 14. Lawndale 15. Lemon Grove 16. Morgan Hill 17. Napa 18. Newark 19. Oceanside 20. Patterson 21. Perris 22. Petaluma 23. Port Hueneme 24. Rolling Hills 25. San Bruno 26. San Dimas 27. St. Helena 28. Tulare 29. Victorville Response: Yes 1. Manhattan Beach 2. Norwalk 3. San Bernardino 0 10 20 30 40 50 Not Applicable (In Person Only) No Yes If your City Council and/or Boards & Commissions currently allow Zoom public participation, are they looking to revert to in-person public comment only? 493 Page 7 of 7 Analysis: City of Saratoga changed their practice after receiving hate speech to in person comments at the beginning of the meeting and Zoom public participation for non-agendized matters at the end of the meeting. They did not indicate the reason. City of Scotts Valley’s Planning and Parks and Recreation Commissions opted to continue using the Zoom option and not return to in-person only. The City Council and their other Boards and Commissions have opted to return to in-person meetings only. The Cities of Manhattan Beach, Norwalk, and San Bernardino are actively reviewing the option to revert to in-person meetings only. The City of Redondo Beach City Council recently voted to continue offering Zoom public participation option. Question 5: Please indicate when public participation is allowed. The vast majority of cities indicated they allowed Public Comment at the start of the meeting and after every item is heard. The following agencies indicated they only allowed Public Comment at the start of the meeting: Desert Water Agency, Cities of El Centro, El Segundo, Farmersville, Inland Empire Utilities Agency, San Bernardino, San Fernando. The following agencies indicated they allowed Public Comment after each item and general public comment was heard at the end of the meeting: Cities of Norwalk and Coachella. Coachella indicated they pause to take public comments if the meeting is going past 8:00 p.m. Also indicated under Analysis of Question 2: Cities of Brentwood and Saratoga indicated the Public Comment opportunity at the beginning of the meeting for non-agenda items is in-person only. At the end of the meeting, they allow for Zoom comments. 494 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 23-0735 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 CITY COUNCIL COMMITTEE REORGANIZATION DECEMBER 2023 (City Clerk Myra Maravilla) Recommended Action: Staff recommends City Council: 1.Re-assign committee delegates/alternates or re-affirm current appointments; 2.Adopt a resolution to reflect delegate/alternate changes,if any,to the South Bay Cities Council of Government (Attachment 2); and 3.Add and/or delete any committees or temporary subcommittees, as appropriate. Executive Summary: On an annual basis,City Council reviews and reorganizes its committees and subcommittees.In addition to modifying or confirming appointments,Council reviews its subcommittees for possible modifications. Background: At its October 5, 2023 special meeting, City Council acted to appoint the following: Mayor Justin Massey Mayor Pro Tempore Dean Francois L.A. County City Selection Committee Delegate Mayor South Bay Cities Sanitation District Delegate Mayor South Bay Cities Sanitation District Alternate Mayor Pro Tem The appointment of delegates and alternates for the remaining committee assignments,consistent with the Council’s policy to maintain permanent representatives whenever possible,was postponed to the December 12,2023 regular meeting.The list of current committee assignments (Attachment 1)will be updated to reflect all changes made. City of Hermosa Beach Printed on 12/11/2023Page 1 of 4 powered by Legistar™495 Staff Report REPORT 23-0735 Past Council Actions Meeting Date Description December 21, 2021 Decommissioned Public Asset Naming Subcommittee. Decommissioned North School Reconstruction Project Subcommittee. Provided direction to sunset the Economic Development Committee by December 2022 (last meeting was May 2, 2022). Appointed Mike Detoy and Ray Jackson to Finance Subcommittee with a decommission date of January 2024. Modified resolution to include Ray Jackson as Delegate and Vanessa Godinez as Alternate to Independent Cities Risk Management Association (City Council directed staff to transition from ICRMA to CJPIA on November 29, 2022). December 13, 2022 Appointed Dean Francois to replace Mary Campbell to serve on the Fiesta Hermosa Subcommittee with Ray Jackson. April 25, 2023 Formed Municipal Naming Subcommittee consisting of Rob Saemann and Dean Francois. May 9, 2023 Formed Joint-Use Park Amenities Subcommittee consisting of Rob Saemann and Mike Detoy. May 23, 2023 Formed Lifeguards Plaque Subcommittee consisting of Dean Francois and Rob Saemann. Discussion: A resolution is required for any delegate/alternate changes to the South Bay Cities Council of Governments (SBCCOG).A draft resolution is provided in the event of reassignment this evening (Attachment 2).City Council Committee information is also attached for Council review and modification as appropriate (Attachment 3). City Council may decommission or extend the decommission date for the following temporary City City of Hermosa Beach Printed on 12/11/2023Page 2 of 4 powered by Legistar™496 Staff Report REPORT 23-0735 City Council may decommission or extend the decommission date for the following temporary City Council Subcommittees: ·Fiesta Hermosa Subcommittee-decommission recommended due to completion of scope; ·Finance Subcommittee-extend the date; ·Municipal Naming Subcommittee-decommission recommended due to completion of scope; ·Joint-Use Park Amenities Subcommittee-decommission or extend the date; and ·Lifeguards Plaque Subcommittee-decommission or extend the date. The City Clerk’s office would notify the boards and committees of any changes to delegate and alternate assignments and the City Manager’s office will forward to Councilmembers the final committee assignment list with any revisions. General Plan Consistency: This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Governance Element Goal 4. A leader and partner in the region. Policies: ·4.1 Regional governance.Play an active role in the South Bay Cities Council of Governments,the Southern California Association of Governments and other regional agencies to protect and promote the interests of the city. ·4.2 Leadership in sustainability.Establish the City as a regional leader in sustainable development and encourage compact,walkable development patterns that conserve land resources,supports active transportation,reduces vehicle trips,improves air quality,and conserves energy and water. ·4.3 Collaboration with adjacent jurisdictions.Maintain strong collaborative relationships with adjacent jurisdictions and work together on projects of mutual interest and concern. ·4.4 Regional transportation and infrastructure decisions.Actively support regional transportation and infrastructure projects and investment decisions that benefit the city and the region. Fiscal Impact: There is no fiscal impact associated with the recommended action. Attachments: 1.City Council Committee List as of June 13, 2023 2.Draft Resolution City of Hermosa Beach Printed on 12/11/2023Page 3 of 4 powered by Legistar™497 Staff Report REPORT 23-0735 3.City Council Committee Information 4.Hermosa Beach Leader’s Guide-Governance Respectfully Submitted by: Ann Yang, Executive Assistant Concur: Myra Maravilla, City Clerk Noted For Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 12/11/2023Page 4 of 4 powered by Legistar™498 CITY OF HERMOSA BEACH CITY COUNCIL COMMITTEE DELEGATE AND ALTERNATE APPOINTMENTS Page 1 of 5 Appointment 12-13-22 Amended 6-13-23 Beach Cities Health District Delegate Detoy California Contract Cities Association Delegate Jackson (Board members meet 3rd Wed. of each month- Location varies) Alternate Detoy Clean Power Alliance Board Delegate Massey (Board members meet 1st Thurs. of each month, 2–4pm, 801 S. Grand Ave. Suite 400, Los Angeles, CA 90017 Alternate Doug Krauss or remote attendance at SBCCOG Office in Torrance) Hermosa Beach Sister City Association Delegate Saemann (1st Mon., 7pm, Community Center, Rm 9 or virtually) Alternate Detoy Independent Cities Association Delegate Jackson (Annual winter and summer seminars for delegates) [Board members meet 2nd Thurs. of each month, 7-8:30pm, Alternate Saemann Location varies each month and may be virtual] California Joint Powers Insurance Authority Delegate Jackson (Annual Board Meeting, 5:30 PM Dinner, 7:00 PM Meeting) 8081 Moody Street La Palma, California 90623) Alternate Saemann Alternate (staff) Godinez RESOLUTION NO. 23-7371 499 CITY OF HERMOSA BEACH CITY COUNCIL COMMITTEE DELEGATE AND ALTERNATE APPOINTMENTS Page 2 of 5 Appointment 12-13-22 Amended 6-13-23 KHHR Communities Network Committee Delegate Francois (2nd Wed. in Jan, Apr, Jul, Oct, 6pm, Hawthorne Memorial Center or Alternate Detoy Hawthorne Municipal Airport) League of California Cities – L.A. County Division Delegate Francois (1st Thurs. Jan./March/May - 6pm, locations vary but usually Luminarias Restaurant - Monterey Park or virtually, Alternate Saemann___and other League/Division/committee events as called) Los Angeles County/City Selection Committee (As called. Mayor must appoint alternate separately Delegate (Mayor) Jackson each time, when unable to attend meeting) Los Angeles County West Vector and Vector-Borne Control District Board (2nd Thurs. of odd numbered months, 7:30pm, Delegate Jim Fasola 6750 Centinela Ave., Culver City) Los Angeles International Airport Community Noise Roundtable Delegate Francois ___(2nd Wed. of odd numbered months, 6:30 pm, LAX) Alternate Detoy Metropolitan Transportation Authority City Selection Committee Delegate Massey (as called) Alternate Detoy 500 CITY OF HERMOSA BEACH CITY COUNCIL COMMITTEE DELEGATE AND ALTERNATE APPOINTMENTS Page 3 of 5 Appointment 12-13-22 Amended 6-13-23 South Bay Cities Council of Governments (SBCCOG) Delegate Massey (4th Thurs., 6pm, 2355 Crenshaw Blvd., Suite 125, Torrance, CA) Alternate Jackson RESOLUTION NO. 20-7267 SBCCOG Steering Committee Delegate/Alternate See above (2nd Mon., 12 p.m., 2355 Crenshaw Blvd., Suite 125, Torrance, CA) South Bay Cities Sanitation District (County Sanitation Districts of Los Angeles) Delegate (Mayor) Jackson (3rd Wed., 1:30 pm, Torrance City Hall, 3031 Torrance Blvd., Torrance, CA 90503 Alternate Massey Southern California Association of Governments Delegate Jackson (Annual, as called) Watershed Advisory Council of Santa Monica Bay Restoration Commission Delegate Francois (Meetings at least once a year, as called, usually afternoons at Dockweiler Youth Alternate Saemann Center, 12505 Vista del Mar, Los Angeles) West Basin Water Association Delegate Massey (1st Tues., 11:30 a.m., Carson Community Center or meet virtually) Alternate Detoy 501 CITY OF HERMOSA BEACH CITY COUNCIL COMMITTEE DELEGATE AND ALTERNATE APPOINTMENTS Page 4 of 5 Appointment 12-13-22 Amended 6-13-23 TEMPORARY CITY COUNCIL SUBCOMMITTEES Fiesta Hermosa [Formed 07/13/21] (Francois, Jackson) Target Decommission Date: November 1, 2023 The previous Fiesta Hermosa subcommittee, consisting of Councilmembers Armato and Detoy, was established on July 25, 2017. The subcommittee was decommissioned on December 17, 2019, as its original directives were to work with the community to develop a list of recommended improvements to the events for Council and Chamber of Commerce consideration. These recommendations were ultimately supported by the City Council and incorporated into the Fiesta Hermosa Agreement between the City and Chamber of Commerce (2019-2021). The Agreement further stipulates that the Chamber shall be involved in pre/post-event meetings with City Departments, coordinate an annual community survey in collaboration with the City (in-progress), and provide a yearly general update on Chamber programming and services to the City Council. The Fiesta Hermosa subcommittee was revived on July 13, 2021, consisting of Councilmembers Campbell and Jackson, to evaluate the Fiesta, provide staff with parameters to negotiate with the Chamber on a new contract for the Fiesta and evaluate the initial performance under that contract. On December 13, 2022, Councilmember Francois was appointed to replace former Councilmember Campbell to serve on the Fiesta Hermosa Subcommittee with Mayor Jackson. Finance Subcommittee [Formed 12/21/21] (Detoy, Jackson) Target Decommission Date: January 2024 The Finance Subcommittee will review and monitor events and issues that may affect the financial status of the City; review financial reports, annual and midyear budget recommendations, revenue and taxation proposals or other financial matters; and such other matters as the City Council may request from time-to-time. The Finance Subcommittee will meet quarterly or more frequently as needed. 502 CITY OF HERMOSA BEACH CITY COUNCIL COMMITTEE DELEGATE AND ALTERNATE APPOINTMENTS Page 5 of 5 Appointment 12-13-22 Amended 6-13-23 TEMPORARY CITY COUNCIL SUBCOMMITTEES Municipal Naming Subcommittee [Formed 4/25/23] (Saemann, Francois) Target Decommission Date: The Subcommittee will be retired following the formal review and consideration of the joint Subcommittees’ recommendations. The City Council Municipal Naming Subcommittee will consider two requests for the naming of specified public facilities and outdoor space as follows: 1. Naming a bike corral located on Hermosa Avenue and 10th Street in honor of late Public Works Commissioner and bicycling advocate Julian Katz (completed on May 9, 2023); and 2. Work jointly with the Parks, Recreation and Community Resources Advisory Commission Subcommittee consisting of Commissioners Horowitz and Moroney to provide a detailed analysis and recommendation regarding the request to rename the Community Garden at South Park in honor of former Mayor and Councilmember Jeff Duclos. Joint-Use Park Amenities Subcommittee [Formed 5/9/23] (Saemann, Detoy) Target Decommission Date: The Subcommittee will be retired following the formal review and consideration of the joint Subcommittees’ recommendations. The Hermosa Beach City Council Joint-Use Park Amenities Subcommittee will join with the Redondo Beach City Council Subcommittee consisting of Councilmembers Todd Loewenstein and Scott Behrendt to explore possible joint-use park amenities between the two cities. Lifeguards Plaque Subcommittee [Formed 5/23/23] (Francois, Saemann) Target Decommission Date: The Subcommittee will be retired following the formal review and consideration of the joint Subcommittees’ recommendations. The Lifeguards Plaque Subcommittee will work jointly with the Parks, Recreation and Community Resources Advisory Commission Subcommittee consisting of Commissioners Moroney and Lange to review the request to place a plaque on City property honoring Los Angeles County Lifeguards previously awarded Lifetime Achievement Recognition through the International Surf Festival’s Medal of Valor Ceremony. 503 CITY OF HERMOSA BEACH RESOLUTION No. 23-7395 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPOINTING A DELEGATE AND ALTERNATE TO SERVE AS THE CITY’S REPRESENTATIVE ON THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (SBCCOG) WHEREAS, the City of Hermosa Beach (“City”) desires to designate its representative to the South Bay Cities Council of Governments (SBCCOG). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That Councilmember __________________ is hereby appointed to serve as delegate and Councilmember _________________ is hereby appointed to serve as alternate on the South Bay Cities Council of Governments (SBCCOG). SECTION 2. That the City Manager is authorized to execute any documents which are necessary to effectuate these designations and which are consistent with this Resolution. SECTION 3. That a certified copy of this Resolution shall be provided to the South Bay Cities Council of Governments. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same in the book of original Resolutions of said City, and shall make minutes of the passage and adoption thereof in their records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED, and ADOPTED on this 12th day of December, 2023. Mayor Justin Massey PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ______________________________ ______________________________ Myra Maravilla Patrick Donegan City Clerk City Attorney 504 Page 1 of 3 Updated: 12‐10‐19 CITY COUNCIL COMMITTEE INFORMATION California Contract Cities Association (CCCA) CCCA is comprised of 75 member cities. The objective of the organization is to assist member cities by advocating and advancing the benefits of the contracting model, protecting local control, embracing public/private partnerships and providing educational opportunities for members. Annual events include a Municipal Seminar in May, a Fall Conference, and a Sacramento Legislative Tour in January. Board members meet the second Thursday of each month. Independent Cities Risk Management Association (ICRMA) The ICRMA is comprised of 20 member cities located in the Los Angeles and Orange counties of Southern California. Members pool their resources under a Joint Powers Agreement (JPA) to support their individual self-insurance programs. The JPA allows but does not require a Councilmember to represent the City on the ICRMA Governing Board, and the City Council has appointed staff members to serve as delegate and alternate (as many other member cities have done) since specific risk management expertise is desirable and the bi-monthly meetings occur during the day. League of California Cities – Los Angeles County Division The League of California Cities, comprised of several geographical divisions throughout the State, provides legislative advocacy on behalf of cities, specifically on matters of good government and maintaining local control. The League’s annual conference in September rotates between northern and southern California. The Los Angeles County Division, encompassing the 86 cities of Los Angeles County, holds meetings at 6 p.m. on the first Thursday of the month (OR during the months of January, March and May) in the Los Angeles metropolitan area (locations vary), providing members with the opportunity to exchange ideas/information and share the advantages of cooperative advocacy. Any Division member may also apply for a one-year appointment to one of eight policy committees, meeting a maximum of four times per year, to help set League priorities and policies. Los Angeles County/City Selection Committee This organization is comprised of mayors of Los Angeles County cities. Its function is to appoint city representatives to Boards/Commission/Agencies (as required by law) such as South Coast Air Quality Management District, LAFCO, L.A. City Hazardous Waste Management Advisory Committee, L.A. County Metropolitan Transportation Authority, and to nominate for appointment members to the California Coastal Commission. 505 Page 2 of 3 Updated: 12‐10‐19 Meetings take place as called. Unlike other committees that have both an assigned delegate and alternate, the mayor must separately appoint an alternate to attend each meeting that he or she is unable to attend. Metropolitan Transportation Authority/City Selection Committee The MTA is charged with conducting hearings and setting fares for established operating organizational units and the approval of transportation zones, final rail corridor selections, and approval of contracts for construction and transit equipment acquisition. The 14-member agency (which meets at 9:30 a.m. on the 4th Thursday of the month at the MTA, One Gateway Plaza, 3rd floor, L.A.) includes four city councilmembers. Each city within four sectors of the County (defined by the League of California Cities, L.A. County Division), may vote to nominate one or more candidates from that particular sector for consideration for appointment to the MTA by the L.A. County City Selection Committee (see above). This committee meets on an “on called” basis. South Bay Cities Council of Governments and Steering Committee The SBCCOG is a joint powers authority of 16 cities and L.A. County of that provides a forum for local government efforts to work collaboratively on programs and studies directed at improving the environment, preserving natural resources, advocating for regional efforts to expand transportation alternatives, and increasing awareness for effective policies for a sustainable community and economic development. Meetings are at 6 p.m. on the 4th Thursday of each month, at 20285 Western Avenue in Torrance. The Steering Committee serves as the executive committee of SBCCOG – its members are the officers and committee chairs, as well as the chairs of the working groups and a representative from the South Bay City Managers’ group. Meetings take place on the 2nd Monday of each month at 12 noon, at the South Bay Environmental Services Center, 20285 S. Western Avenue, Suite 100, Torrance. South Bay Cities Sanitation District (County Sanitation Districts of Los Angeles) The Sanitation Districts of Los Angeles are a partnership of special districts formed to protect public health and the environment through innovated cost-effective wastewater/ solid waste management and to convert waste into resources such as recycled water/ materials and energy. The South Bay Sanitation District board meetings take place at 1:30 p.m. on the 3rd Wednesday of each month at Torrance City Hall. Southern California Associations of Government SCAG is a joint powers authority established to provide a network for members to identify and address common community problems – the region encompasses six counties and 191 cities, covering more than 38,000 square miles. The agency develops long-range regional transportation plans including sustainable community strategy and 506 Page 3 of 3 Updated: 12‐10‐19 growth forecast components, transportation improvement programs, regional housing needs allocation, and a portion of the South Coast Air Quality management plans. A general assembly is convened at least once a year (usually in April or May). Watershed Advisory Council of Santa Monica Bay Restoration Commission The Santa Monica Bay Restoration Commission was established by the California Legislature in 2002 to monitor, assess, coordinate and advise the activities of state programs, and to oversee funding that affects the beneficial uses, restoration and enhancement of Santa Monica Bay and its watersheds. The Watershed Advisory Council serves as an advisory body to the Governing Board of the Santa Monica Bay Restoration Commission. Representatives serving on the Council include local, state and federal elected officials, public agencies responsible for protecting the resources and water quality of the Bay, the business community, along with environmental and other community groups. The Watershed Advisory Council meetings take place in the afternoon (usually 1-4 p.m.) at least once per year, as called (usually February, March or April), at Dockweiler Youth Center, 12505 Vista del Mar, Los Angeles. West Basin Water Association This Association is concerned the problems associated with the existing deficiency in the supply of groundwater in the West Basin – its purpose is to investigate problems, formulate and disseminate factual and educational data in order to provide the West Basin inhabitants with a dependable supply of water to meet present and future needs. Meetings take place at 11:30 a.m. on the first Tuesday of each month at the Carson Community Center. Sister City Association, Inc. In 1967 the City of Hermosa Beach formed a “sister city” relationship with the City of Loreto, Baja California, Mexico – Council action on 3/21/67 initiated contact with Loreto government officials to establish a Sister City Program. The City Council adopted Resolution N.S. 2744 on 11/7/67, which welcomed Loreto, noted the official visit to Loreto by the Hermosa Beach City Council and Sister City Committee, and stipulated that an elected City official be appointed as a representative to help carry out the Program, which now includes a student exchange and paramedic training. Meetings take place at 7 p.m. on the first Monday of the month in Room 9 of the Community Center. 507 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 99 SECTION 7 GOVERNANCE: REFINEMENT 508 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 100 Mayor – Council Success Criteria 1. Collaborating to solve problems, and to creating the future community 2. Accomplishing defined projects and tasks 3. Having/using the Vision/Goals as the Mayor – Council deliberates 4. Addressing community input and using in decision making 5. Respecting each other: Mayor/Council, City Management and Employees 6. Agreeing to disagree, moving on to the next issue 7. Being mindful of Hermosa Beach as a diverse community 8. Looking for opportunities, thinking creatively, taking/supporting innovation actions 9. Being open to new ideas: each others, staff, community 10. Having short, effective meetings 11. Having a safe community 12. Moving the City forward 13. Having a sustainable community 14. Having cost-effective city government providing quality services 509 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 101 Mayor – Council Desired Image 1. Working as a Team: City, Mayor – Council 2. Respect for Others 3. Collaborating to Address Issues, to Solve Problems 4. Responsive to Community Needs 5. Open to Community Input 6. Support for City Staff 7. Focus on Governing – Apolitical 8. Listening to Ideas/Suggestions from Others 9. Advocacy for City 10. Ambassador for City with Passion 11. Thoughtful, Open Deliberations 12. Creative Thinking, Support for Innovative Actions 13. Effective, Efficient Use of Time 14. Embodiment of Hermosa Beach: Representing Community Values 510 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 102 Governance Guiding Principles Mayor and City Council City of Hermosa Beach 1. Respect others as we want to be respected: Councilmember, City Staff and Public. 2. Listen with an open mind to others and strive to understand, before stating an opinion or judging. 3. Work collaboratively as a “City Team”. 4. After a majority vote, agree to disagree move on to the next issue. 5. Represent the Council decisions and policy direction. 6. Negotiate with each other; look for ways to common ground and compromise. 7. Focus on the issue, avoid personal attacks and accusations 8. Ok not to talk 511 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 103 Mayor and City Council Protocols: Operating Guidelines for City Council and City Manager City of Hermosa Beach Protocol 1 Simple Information • Contact Department Director or City Manager. • If Department Director is contacted, copy City Manager. • Department Head will contact City Manager. • Council members should share expectations and your preferred form of communications. • Acknowledge within 24 hours Protocol 2 Council Requests Key Issues: A. Expectation immediate knowledge – let me check into it and get back to you with a complete answer B. Expectation immediate response – drop current work project and handle this request C. Responsiveness of Staff Expectations: A. Share expectations and timeframe B. 24 hour acknowledge inquiry C. Inform on citizen request – do you want notification before or after action D. Staff response on questions goes to all Mayor and City Council Action: Topic for Action • Contact City Manager. • Council may research a topic and bring information to the City Manager. • If research requires more than 1 hour; the topic will be taken to Council for direction. • Council can bring up topic during “Other Matters” for direction. • Information reports may be shared with Council at the discretion of the City Attorney and City Manager. 512 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 104 Action: Citizen Service Request A. First Contact • Refer to City Manager and/or Department Head. • Council members should share expectations of further communication on actions or city follow up • Acknowledge within 24 hours B. Unsatisfactory Contact • Refer to City Manager. • City Manager will inform Council on follow up actions by the City. Protocol 3 Council Reports Key Issues: A. Report bias B. Complete reports with multiple options C. Recommendations D. Use of Decision Making Tool Expectations: A. Options presented B. Council share concerns, issues and expectations without specific wording C. Present the context D. Have an open mind Action: Topic for Action • Link to vision, goals, mission and decision making tools • Review “best practices” from other cities (similar cities) • Provide thorough analysis • Evaluate options and alternatives • Objective Report • Provide strong professional recommendation(s) • Frame discussion topic/question • Avoid lobbying through others Protocol 4 Employee Contact A. Employee initiated • Report contact to City Manager on topics: employment, management or policy direction. • Refer employee to supervisor or Department Head. B. Council initiated • Social contact only. • If a community issue of performance, contact the City Manager and not direct the City employee. 513 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 105 Protocol 5 Email Guidelines • Communication from Council to Council majority sent to Clerk. • For private communications, Council should use phone or personal email address. • Avoid “Reply to All”. • Use FYI for share information no reply. • Hermosa Beach address is a public record. • No weekend email needed, unless an emergency situation. Protocol 6 New Ideas • Contact City Manager. Protocol 7 Commission Communications • Commission communications is through responsible Department Director. Protocol 8 Spokesperson on City Matters • Official communication (including press release) through the Public Information Officer; Tested Mayor/Pro Tem. • Mayor and City Manager reflect the City Policy • Circulate to Councilmembers Protocol 9 Performance Problem • Go to the City Manager • Avoid discussion at Council meeting Protocol 10 Communications: Council and Staff • City Manager will share the same information at the same time with all Councilmembers. • City Manager will use Council as a resource. • City Council and staff should avoid surprises or last minute items/information. • City Manager should inform Councilmember on topic of potential impact. 514 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 106 Protocol 11 Agenda Process A. Placing an item • Contact City Manager • Place on “Other Matter” for Council direction. • Two Councilmembers will determine the placement on a future Council agenda for initial discussion with brief staff report. (1 page) B. Question on item • Contact (email or call) Department Director, with a copy to City Manager. • Presentation will incorporate the questions. • Information will be shared with all Councilmembers. C. Agenda Preview • Identify topics for next Council agenda. D. The City Manager will review the Council meeting agenda with the Mayor and Mayor ProTem Protocol 12 Council Agenda Key Issues: A. Items on “Consent Agenda” B. Minutes C. Pulling a number of items Criteria for Consent Agenda Item: A. Routine item requiring Council action B. Items in approved budget C. Items with prior Council decision or direction D. Items with no public input E. Expenditure threshold: $100,000 Action: When pulling an item from the Consent Agenda 1. Pull item. 2. State reason for pulling item. 3. If opposed to item, comment on the item and your position. Item will not be pulled, but your opposition is noted in the minutes – a “No” vote. 4. Written comments may be submitted on Consent Agenda items. 5. Pulled items will be referred to “Other Matters” on the Agenda. 515 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 107 Protocol 13 Council Meetings - Management Key Issues: A. Long meeting going late into the night, early morning B. Long agendas C. Actual meetings starting after 9 pm D. Overload study sessions E. Recycling, repetitive Council comments F. Pulling items from “Consent Agenda” G. Need an additional meeting? Suggestions: A. City Manager 1 on 1 meetings to discuss agenda, respond to questions B. Start public hearing at designated times C. Limit “Recognitions and Presentations” to 3 (10 minutes each) D. Public input 1. Have public sign up 2. Have next speaker identified as “queued” up 3. Avoid commenting or engaging the public 4. Split comments on Agenda Items Early; and General Comments at the end of the meeting 5. Limit speakers: 2 minutes E. Council comments and discussion focus on the issues F. Follow Roberts Rules G. Council comments: Time H. Mayor summarizes before action Actions: A. Use first names at the Council meeting B. Allow brief discussion before making the motion C. Ask questions before the Council meeting D. Public input: have individual sign in after presentation; be ready to speak; 3 minutes to speak E. Council Presentations: avoid reading reports or overheads F. Brief staff/consultant presentation (10 minutes); 1 minute for announcing events G. Discourage applause, boos or emotional reactions H. Clarifying direction from Mayor at end of discussion, before the vote I. Designate time for hearings 516 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 108 Protocol 14 Study Session Key Issues: A. Adequate time for Council discussion B. Feeling “rushed” with time deadline C. Providing clarity of direction to City Staff Suggestions: A. Separate Study Session from Council Meeting – 1st Wednesday, 6 – 9 pm B. Staff provides complete reports prior to meeting C. Mayor and Council read reports D. Staff Brief Presentation with identified questions needing direction E. Limit topics (1 – 3) Actions: A. Separate Study Session (7 pm – 9 pm) B. Quarterly or as needed C. Limited topics D. Time for Council discussion E. Brief Presentation F. Background material sent to Mayor – Council ahead of meeting Protocol 15 Meeting Minutes Key Issues: A. Action Minutes or Transcript Suggestions: A. Name of presenters B. Brief sentence: comment, summary, and position C. Avoid significant time impact on Staff Actions: A. Time stamp on agenda B. Maintain Action Minutes 517 Leader’s Guide 2016 Final Report/Mayor and City Council/Hermosa Beach, California Copyright © 2016: Lyle Sumek Associates, Inc. Project 160303 109 Protocol 16 City Bidding and RFP Process Key Issues: A. Efficient process B. Systematic approach to recurring contracts C. “Best qualified” contract D. 3 – 5 year renewals E. Competitive prices F. More transparency process G. Length of RFP process Actions: A. Notification to Mayor – Council of upcoming contract B. Avoid surprises Protocol 17 City Manager Notification The City Manager will inform Mayor – City Council through: e-mail Mayor – Council Reports 518 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 23-0745 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 12, 2023 TENTATIVE FUTURE AGENDA ITEMS Attached is the current list of tentative future agenda items for Council’s information. Attachment: Tentative Future Agenda Items City of Hermosa Beach Printed on 12/7/2023Page 1 of 1 powered by Legistar™519 December 7, 2023 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council December 12, 2023 TENTATIVE FUTURE AGENDA ITEMS NO MEETING DECEMBER 26, 2023 (DARK) NO MEETING JANUARY 9, 2024 (DARK) JANUARY 23, 2024 @ 5:00 PM INITIAL DATE CLOSED SESSION JANUARY 23, 2024 @ 6:00 PM PRESENTATIONS RECOGNIZING LEARNED LUMBER’S 100TH YEAR OF BUSINESS IN HERMOSA BEACH ANNOUNCEMENT OF THE WINNER OF THE 14TH ANNUAL PARKING PERMIT ART CONTEST PRESENTATION FROM CLEAN POWER ALLIANCE HERMOSA BEACH CHAMBER OF COMMERCE PRESENTS REVIEW OF 2023 PROGRAMS AND VISION FOR 2024 CITY MANAGER REPORTS Police Chief Update CITY COUNCILMEMBER COMMENTS Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Revenue Report, Expenditure Report, and CIP Report by Project for November and December 2023 Finance Director Ongoing City Treasurer’s Report and Cash Balance Report for November and December 2023 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing Capital Improvement Program Status Report Public Works Director Ongoing Action Minutes of the Public Works Commission Meeting of November 15, 2023 Public Works Director Ongoing Action Minutes of the Civil Service Board Meeting of November 15, 2023 Human Resources Manager Ongoing Action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 5, 2023 Community Resources Manager Ongoing Action Minutes of the Planning Commission Meeting of December 11, 2023 Community Development Director Ongoing Planning Commission Tentative Future Agenda Community Development Director Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report for November 2023 Emergency Management Coordinator Ongoing PUBLIC HEARINGS – 6:30 PM City-Initiated Request for Conditional Use Permit (CUP) Amendment (CUP 23-12/Ape 23-08) to Modify a CUP by Incorporating Additional Conditions of Approval Related to Service of Alcohol (Beer and Wine) for an Existing Restaurant at 1332 Hermosa Avenue (Pedone’s Pizza and Fine Foods) in the General Commercial (C-2) Zone; and Determine That the Project is Categorically Exempt from the California Environmental Quality Act (CEQA). Community Development Director Council Direction Nov. 28, 2023 520 2 JANUARY 23, 2024 @ 5:00 PM INITIAL DATE (CONTINUED) MUNICIPAL MATTERS Award of Contract for Sound and Stage Production Services for the Hermosa Beach Concert Series to Vox Productions Community Resources Manager Staff Request Nov. 27, 2023 Ordinance to Discuss Policies Around e-Bikes and Bikes City Attorney Council Direction Oct. 10, 2023 Approval of Amendments to Agreements with 4Leaf, Inc. and Willdan Engineering for On-Call Staff Augmentation Services for Community Development Community Development Director Staff Request Nov. 21, 2023 Fee Schedule Update for CUP Amendments Community Development Director Staff Request Nov. 14, 2023 Economic Development Strategy Progress Report Community Development Director Biannual Clark Building Renovations Public Works Director Staff Request Nov. 30, 2023 Civic Facilities City Manager Council Direction Nov. 29, 2023 FUTURE AGENDA ITEMS – CITY COUNCIL Future Agenda Items City Manager Ongoing SATURDAY, FEBRUARY 10, 2024 (8:00 AM – 5:00 PM) CITY COUNCIL RETREAT NO MEETING FEBRUARY 13, 2024 (DARK) 521 3 FEBRUARY 27, 2024 @ 5:00 PM INITIAL DATE CLOSED SESSION FEBRUARY 27, 2024 @ 6:00 PM PRESENTATIONS PROCLAMATION DECLARING FEBRUARY AS BLACK HISTORY MONTH CITY MANAGER REPORTS Police Chief Update CITY COUNCILMEMBER COMMENTS Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Revenue Report, Expenditure Report, and CIP Report by Project for January 2024 Finance Director Ongoing City Treasurer’s Report and Cash Balance Report for January 2024 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing Capital Improvement Program Status Report Public Works Director Ongoing Action Minutes of the Civil Service Board Meeting of December 20, 2023 Human Resources Manager Ongoing Action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of January 8, 2024 Community Resources Manager Ongoing Action Minutes of the Planning Commission Meeting of January 16, 2024 Planning Commission Tentative Future Agenda Community Development Director Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report for December 2023 Emergency Management Coordinator Ongoing South Bay Workforce Investment Board Quarterly Summary (2 nd Qtr for 2023-24) Chris Cagle Quarterly MUNICIPAL MATTERS Midyear Budget Review 2023-24 Finance Director Annual FUTURE AGENDA ITEMS – CITY COUNCIL Future Agenda Items City Manager Ongoing WEDNESDAY, MARCH 6, 2024 STUDY SESSION PLACEHOLDER 522 4 PENDING STRATEGIC PLAN ITEMS STATUS / TENTATIVE MEETING DATE Beach Policy/Regulations (Continued from meeting of October 27, 2016) Community Resources Manager This item will be addressed through the creation of the Volleyball Court Use Policy, to be reviewed by City Council in 2023 (date to be determined) Alternative Fuel Transportation Report, Nov. 2016 Environmental Analyst PENDING NEW ITEMS STATUS / TENTATIVE MEETING DATE Approval of the Municipal Lease Policy Initiated by: Staff Request Jun. 12, 2018 Community Resources Manager Landscape and Street Lighting District Assessment Adjustment (mail-in election authorization) Initiated by: Council Direction Jul. 9, 2019 Public Works Director To be included in Revenue Strategy Study Session (March 3, 2022). PW staff has funding to prepare an assessment adjustment study and will advance that effort – it is anticipated that the study will take approximately 2 to 3 months to complete. If council agrees to advance the adjustment, it will need to go to a city-wide ballot. The annual assessment is required to go to council each year for approval and may need to go to council separately before the ballot vote. It was last approved at the 7/13/2021 council meeting. Pavement Condition Index Update Initiated by: Staff Request Sept. 23, 2019 Public Works Director The new pavement management plan report is being prepared and is anticipated to be completed in approximately 2 to 3 months. PW staff will prepare a staff report with the updated document and have our consultant available to present the item to council. Public Records Request Guidelines Initiated by: Staff Request Oct. 14, 2019 City Clerk Emergency Services Municipal Code Chapter 2.56 Update Emergency Management Coordinator Waiting for State to review proposed language changes Return to Council to discuss a full ban on tobacco sales and to include all available data related to other communities who have adopted complete bans Initiated by: Council Direction Jan. 28, 2020 Community Development Director Staff to work with BCHD to consider appropriate timing to return to consider a full ban Consideration of licensing agreement/fees for use of City logo Initiated by: Council Direction Jun. 9, 2020 City Attorney The City will develop a licensing agreement for commercial uses of the City logo as part of a comprehensive Administrative Memorandum (AM) on City Branding and Logo Use by City Staff. City staff will begin drafting the AM after finalizing the City’s 523 5 style guide and filing its “Intent to Use” trademark application for the City logo with the USPTO. As part of developing a Licensing Agreement for the Commercial Use of the City Logo, staff will establish a process for reviewing and handling these requests. This process will likely include the negotiation of royalties and as well as the preparation of a staff report to obtain Council approval to enter into the agreement. Only once after the City receives the issuance of a Notice of Allowance from the USPTO can it begin approving applications for commercial uses of the logo. Follow-up on Mayor’s Pledge Initiated by: Council Direction August 25, 2020 City Manager’s Office/Police Chief City to provide events for the Mayor’s Pledge criteria Ordinance to regulate nuisance Outdoor Lighting Initiated by: Staff Request June 3, 2021 Community Development Director Council referred to Planning Commission at June 2021 meeting, tentatively scheduled for Planning Commission, February 2022 An Ordinance of the City of Hermosa Beach, California, adding Chapter 12.42 to the Hermosa Beach Municipal Code to require property owners to repair the sidewalk area abutting their real property Initiated by: Staff Request June 12, 2021 City Attorney PLAN Hermosa 5-year check-in on milestones (Supported by Massey, Campbell, Armato, Jackson) Initiated by: Council Direction October 26, 2021 Community Development Director/Environmental Program Manager The next update to City Council will be in 2026 Consideration of Non-Profit Grant Program Initiated by: Council Direction March 9, 2022 Deputy City Manager Report on whether the Blue Star Marker Program would be applicable in Hermosa Beach (supported by Detoy, Jackson and Saemann) Initiated by: Council Direction May 23, 2023 Community Resources Manager Staff waiting to hear back from the Hermosa Garden Club Consideration of rules that would govern operation of off-sale alcohol establishments in downtown and consideration of queuing for on -sale alcohol establishments. (supported by Massey, Saemann and Detoy) Initiated by: Council Direction June 13, 2023 Community Development/Police Chief/Deputy City Manager Ordinance to be established to address items Review of Los Angeles Metro C Line (Green) Extension to Torrance (supported by Jackson, Detoy and Francois) Initiated by: Council Direction September 26, 2023 City Manager Information Item: Discussion of the City's COVID-19 requirements for employment and the City's position on the vaccination requirement (supported by Saemann and Francois) Initiated by: Council Direction November 28, 2023 Human Resources Manager/City Manager/City Attorney 524 Pg 1 of 7 #23-1468 CITY OF HERMOSA BEACH ORDINANCE NO. 23-1468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING ZONE TEXT AMENDMENT 23-04, TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO SHORT-TERM VACATION RENTALS IN COMMERCIAL ZONES AND DETERMINE THE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONEMNTAL QUALITY ACT (CEQA) THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. On December 14, 2021, City Council adopted Ordinance No. 21- 1440, extending the Short-Term Vacation Rental Pilot Program an additional two years from the program’s adoption in 2019, and implemented revisions to clarify existing requirements. SECTION 2. The City Council held a duly noticed public hearing on September 12, 2023 to consider a text amendment to portions of Hermosa Beach Municipal Code Title 17. SECTION 3. Under Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the ordinance qualifies as a “common sense exemption” as CEQA only applies to projects which have the potential for causing a significant effect on the environment. SECTION 4. The City Council finds the proposed amendments are consistent with the City’s General Plan. The ordinance will also comply with State requirements. The amendments will not impede the City’s ability to meet its General Plan goals, and the amendments are necessary to carry out the purposes of the Zoning Ordinance, including the orderly planned use of land resources. SECTION 5. Section 17.40.230 (short-term vacation rentals) of Chapter 17.40 (Conditional Use Permits and Other Permit Standards) of Title 17 (Zoning) is repealed as the substantive provisions in this section are being relocated to Section 17.42.180. DocuSign Envelope ID: B69993A4-F873-4CEF-B9A1-79C8BD619391 301525 Pg 2 of 7 #23-1468 SECTION 6. Section 17.42.180 (Advertising of short-term rentals prohibited) of Chapter 17.42 (General Provisions, Conditions and Exceptional Uses) of Title 17 (Zoning) is amended to read as follows: 17.42.180 Short-Term Vacation Rentals. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation or consideration a residential dwelling, a dwelling unit or a room in a dwelling for less than 30 consecutive days and for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than 30 consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or consideration except for short- term vacation rentals in nonconforming residential dwelling units in certain commercial zones in compliance with the following requirements. No person or entity shall maintain any advertisement of a short-term rental in violation of this section, in any zone. This section sets forth requirements for the establishment and operation of short- term vacation rentals in nonconforming residential dwelling units in certain commercial zones. A. Permit and Operational Requirements. The approval of operation of a short- term vacation rental shall be subject to the following requirements: 1. Administrative Permit Required. Short-term vacation rentals may be established and operated only after an administrative permit has been approved in compliance with Chapter 17.55. The administrative permit for a short-term vacation rental shall be valid for one calendar year from the date of issuance and must be renewed annually thereafter; provided, that this section remains in effect and has not expired. a. Prior to approval or renewal of an administrative permit for operation of a short-term vacation rental, the premises shall be inspected by the building official or their designee for compliance with all applicable building and safety codes, as well as compliance with any applicable Municipal Code regulations regarding short-term vacation rentals. If the building official or their designee conducts more than two (2) inspections to verify compliance due to outstanding corrections, the applicant is subject to a reinspection fee for those additional inspections. DocuSign Envelope ID: B69993A4-F873-4CEF-B9A1-79C8BD619391 302526 Pg 3 of 7 #23-1468 b. An application for a new or renewal of an administrative permit shall include payment of all required and outstanding administrative fees. c. The application submittal shall include a list of the Uniform Resource Locations (URL) where the property is listed online, and the applicant shall keep the list current at all times. d. Short-term vacation rentals established under this section shall have no vested right to continued existence. 2. Location. Short-term vacation rentals shall only be permitted in nonconforming residential dwellings on properties zoned C-2, C-3, SPA 7, SPA 8, or SPA 11. a. For purposes of this section, a "nonconforming residential unit" shall mean a residential dwelling unit that was lawfully established and maintained as a dwelling unit as of October 24, 2019. If the unit is converted into a nonresidential use, then it shall be deemed the termination of the existing nonconforming residential use, and thereby the unit loses any nonconforming status as a residential use and loses any right to operate as a short-term vacation rental. 3. Management and Operations Plan. In addition to any other requirements for an application for an administrative permit, or any conditions of approval contained therein, the application to establish and operate a short-term vacation rental shall be accompanied by a management plan, which shall establish, to the satisfaction of the community development director (director), or their designee, the following: a. The reasonably prudent business practices that owner or owner’s authorized agent will use to ensure that the short-term vacation rental unit is used in a manner that complies with all applicable laws, rules, regulations, and permits. b. An identification plaque posted and maintained at all times, within plain view of and legible to the general public, not exceeding six square feet in size, and containing address of premises and permit number, and telephone number of Hermosa Beach Police Department dispatch for complaints regarding condition, operation or conduct of occupants of the unit. The director may alter the size requirement to ensure the plaque is legible from the adjacent public right-of-way. c. The name, address, and telephone number of a local contact person who shall be available 24 hours per day, seven days per week for the purpose of responding to City staff calls pertaining to complaints regarding the condition, operations, or conduct of DocuSign Envelope ID: B69993A4-F873-4CEF-B9A1-79C8BD619391 303527 Pg 4 of 7 #23-1468 occupants of the short-term vacation rental or their guests, and if directed by City staff, to personally proceed on site within 30 minutes from the call to resolve the problem. d. The owner or the owner’s authorized agent shall, upon notification that any occupant or guest of the short-term vacation rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit, respond in a timely and appropriate manner to immediately halt or prevent a recurrence of such conduct. Failure of the owner or the owner’s authorized agent to respond to such calls or complaints regarding the condition, operation, or conduct of the occupants and/or guests of the short-term vacation rental unit in a timely and appropriate manner shall subject the owner to all administrative, legal, and equitable remedies available to the City. e. The owner and/or the owner’s authorized agent shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short- term vacation rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct or illegal activity, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit. f. The owner and/or the owner’s authorized agent shall use reasonably prudent business practices to ensure that the short-term vacation rental unit is used for overnight accommodations purposes only. This shall include using all prudent business practices to prohibit the rental to commercial party businesses. g. Prior to occupancy of a short-term vacation rental unit, the owner or the owner’s authorized agent shall: i. Obtain the contact information of the renter. ii. Provide a copy of the City’s "Good Neighbor" brochure containing these requirements to the renter. iii. Require the renter to execute a formal acknowledgement they are legally responsible for compliance by all occupants of the short- term vacation rental unit and their guests with all applicable laws, rules, and regulations pertaining to the use and occupancy of the short-term vacation rental unit. iv. The information required in subsections (A)(3)(g)(i) and (A)(3)(g)(iii) of this subsection shall be maintained by the owner or the owner’s authorized agent for a period of three years and be made available upon request to any officer of the City responsible for the enforcement of any provision of the Municipal DocuSign Envelope ID: B69993A4-F873-4CEF-B9A1-79C8BD619391 304528 Pg 5 of 7 #23-1468 Code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short- term vacation rental unit. h. The property shall be maintained free of litter and debris. Trash and refuse shall not be left or stored within public view, except in proper containers for the purpose of collection by the City’s authorized waste hauler on scheduled trash collection days. Trash receptacles must be maintained within an enclosure and placed for pick up to comply with the provisions of HBMC 8.12.220 and 8.12.230. The size or number of containers and/or frequency of pick-up (if permitted by the City’s authorized waste hauler) shall be increased if needed to accommodate the amount of trash generated by all uses on the site. i. On-site parking shall be allowed on approved driveway, garage and/or carport areas only. Parking shall comply with all current City parking regulations. Parking of oversized vehicles must comply with the provisions of Chapter 10.32, Stopping, Standing and Parking, of the Municipal Code. j. Approved on-site parking space(s), including all enclosed garages, shall be kept free and clear to accommodate vehicular parking for renters/guests during all times the unit is in use as a short-term vacation rental. k. The number of adult occupants allowed to occupy any given short-term vacation rental unit shall be limited to two (2) per bedroom/sleeping area. l. The director shall have the authority to impose additional conditions on the use of any given short-term vacation rental to ensure that any potential secondary effects unique to the subject short-term vacation rental unit are avoided or adequately mitigated. m. The owner or owner’s authorized agent shall post the current short-term vacation rental permit number, a photograph of the front of the property where the short-term vacation rental unit is located, as well as the number of approved on-site parking spaces available, in any written publication or on any website that promotes the availability or existence of a short-term vacation rental unit. 4. The owner shall comply with all requirements related to a business license under Chapter 5.04, Business Licenses Generally, of the Municipal Code, and related to the transient occupancy tax under Chapter 3.32, Transient Occupancy Tax, of the Municipal Code for the operation of the short-term vacation rental. B. Development Standards. Short-term vacation rentals shall conform to the following standards: 1. On-site parking shall be provided as required under Chapter 17.44. DocuSign Envelope ID: B69993A4-F873-4CEF-B9A1-79C8BD619391 305529 Pg 6 of 7 #23-1468 2. A private kitchen area, shower, and toilet facilities, and at least one room/area designated as a sleeping area shall be provided in each unit. C. Violations. Violations of this section are subject to the following standards. 1. Any violation of this section shall result in issuance of an administrative citation pursuant to Chapter 1.10, Administrative Citations, Penalties, or any other legal methods of enforcement, of the Municipal Code. 2. More than three violations of this section or any of the City’s quality of life ordinances, such as noise violations, disturbing the peace, or creating a public nuisance, within a 12-month period shall be grounds for revocation of the business license and administrative permit, in accordance with provisions of the Code, provided the three violations have been affirmed by a hearing officer in the event they are appealed. D. Sunset Clause. The provisions in this section shall become inoperative on October 24, 2025, and shall be considered repealed on that date, unless the City Council of Hermosa Beach enacts a new ordinance that becomes effective on or before October 24, 2025, and which deletes or extends that date. No new or renewals of administrative permits and/or business licenses for short-term vacation rentals shall be issued after October 24, 2025, and no permitted short-term vacation rental shall have a right to operate beyond the term of the permit. SECTION 7. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof. SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days after its passage and adoption pursuant to California Government Code section 36937. DocuSign Envelope ID: B69993A4-F873-4CEF-B9A1-79C8BD619391 306530 Pg 7 of 7 #23-1468 SECTION 9. Certification. The City Clerk is directed to certify the passage and adoption of this ordinance; cause it to be entered into the City’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED and ADOPTED on this 26th day, September 2023. Mayor Raymond A. Jackson PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: Myra Maravilla, MPA, CMC Patrick Donegan, City Clerk City Attorney DocuSign Envelope ID: B69993A4-F873-4CEF-B9A1-79C8BD619391 307531 State of California ) County of Los Angeles ) ss City of Hermosa Beach ) October 10, 2023 Certification of Council Action ORDINANCE NO. 23-1468 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA APPROVING ZONE TEXT AMENDMENT 23-04, TO AMEND PORTIONS OF TITLE 17 OF THE HERMOSA BEACH MUNICIPAL CODE RELATING TO SHORT-TERM VACATION RENTALS IN COMMERCIAL ZONES AND DETERMINE THE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONEMNTAL QUALITY ACT (CEQA) I, Myra Maravilla, City Clerk of the City of Hermosa Beach, California, do hereby certify that the above and foregoing Ordinance No. 23-1468 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 26th day of September 2023 and passed by the following vote: AYES: MAYOR JACKSON, MAYOR PRO TEM MASSEY, COUNCILMEMBERS SAEMANN, FRANCOIS, AND DETOY NOES: NONE ABSTAIN: NONE ABSENT: NONE _____________________________ Myra Maravilla, MPA, CMC City Clerk DocuSign Envelope ID: B69993A4-F873-4CEF-B9A1-79C8BD619391 308532