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Home My WebLink About12-08-2020 - Agenda Pkg - CC Regular MeetingCity Council City of Hermosa Beach Regular Meeting Agenda - Final City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Mayor Justin Massey Mayor Pro Tem Michael Detoy Councilmembers Hany S. Fangary Stacey Armato Mary Campbell 5:00 PMTuesday, December 8, 2020 Closed Session - 5:00 PM Regular Meeting - 6:00 PM Duly Posted on December 3, 2020 at 10:50 p.m. by E.S. 1 December 8, 2020City Council Regular Meeting Agenda - Final VIEWING OPTIONS FOR PUBLIC MEETINGS Public meetings are broadcast live on Spectrum Channel 8 and Frontier Channel 31 in Hermosa Beach. Additional viewing options are provided as a courtesy. ZOOM: Join the meeting link if available or participate by phone YOUTUBE CHANNEL: www.youtube.com/channel/UCaiZxw06ue-Tgc8DmXYzh2Q CITY WEBSITE: www.hermosabeach.gov and visit the Agendas/Minutes/Videos page ***PLEASE NOTE: IF YOU EXPERIENCE TECHNICAL DIFFICULTIES WHILE VIEWING THE MEETING ON ONE OF THESE PLATFORMS, PLEASE TRY ONE OF THE OTHER VIEWING OPTIONS*** Page 2 City of Hermosa Beach Printed on 3/27/2024 2 December 8, 2020City Council Regular Meeting Agenda - Final 5:00 P.M. - CLOSED SESSION CALL TO ORDER ROLL CALL PUBLIC COMMENT ON THE CLOSED SESSION AGENDA JOIN THE VIRTUAL MEETING AT: https://us02web.zoom.us/j/87032785286?pwd=RGVVZnduNGVIVGJLOFlvaFNuYTBlUT09 OR PARTICIPATE BY PHONE: •Toll Free: 877-853-5257 •Meeting ID: 870 3278 5286, then # •Passcode: 513185 ATTENDEES WILL BE MUTED UNTIL THE PUBLIC PARTICIPATION PERIOD IS OPENED. If you are joining by phone, press * 6 to unmute your line. Comments from the public are limited to 3 minutes per speaker. RECESS TO CLOSED SESSION 1.20-0788 MINUTES: Approval of minutes of Closed Session held on November 24, 2020. 2.20-0787 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City’s designated representative: Mayor, Justin Massey Unrepresented Employee: City Manager ADJOURNMENT OF CLOSED SESSION Page 3 City of Hermosa Beach Printed on 3/27/2024 3 December 8, 2020City Council Regular Meeting Agenda - Final 6:00 P.M. - REGULAR AGENDA PUBLIC PARTICIPATION City Hall will be closed to the public until further notice. Virtual Meetings are held pursuant to Executive Order N-29-20 issued by Governor Gavin Newsom on March 17, 2020. Members of the public may email comments to Esarmiento@hermosabeach.gov or submit eComments until 3:00 p.m. on the meeting date. Members of the public may also participate by phone. JOIN THE VIRTUAL MEETING AT: https://us02web.zoom.us/j/87032785286?pwd=RGVVZnduNGVIVGJLOFlvaFNuYTBlUT09 OR PARTICIPATE BY PHONE: •Toll Free: 877-853-5257 •Meeting ID: 870 3278 5286 •Participant ID: 513185 ATTENDEES WILL BE MUTED UNTIL THE PUBLIC PARTICIPATION PERIOD IS OPENED. If you are joining by phone, press * 6 to unmute your line. Comments from the public are limited to 3 minutes per speaker. Oral and 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 the written materials to the City Manager's office by email (esarmiento@hermosabeach.gov) or in person by noon of the Tuesday, one week before the meeting date. Written materials pertaining to matters listed on the posted agenda received after the agenda has been posted will be added as supplemental materials under the relevant agenda item on the City's website at the same time as they are distributed to the City Council by email. Supplemental materials may be submitted via eComment (instructions below) or emailed to esarmiento@hermosabeach.gov. Supplemental materials must be received before 4:00 p.m. on the date of the meeting to ensure Council and staff have the ability to review materials prior to the meeting. Supplemental materials submitted after 4:00 p.m. on the date of the meeting or submitted during the meeting will be posted online the next day. Submit Supplemental eComments in three easy steps: Note: Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information (i.e. phone numbers, addresses, etc) that you do not want to be published. 1. Go to the Agendas/Minutes/Video webpage and find the meeting you’d like to submit comments on. Click on the eComment button for your selected meeting. 2. Find the agenda item for which you would like to provide a comment. You can select a specific agenda item/project or provide general comments under the Oral/Written Communications item. 3. Sign in to your SpeakUp Hermosa Account or as a guest, enter your comment in the field provided, provide your name, and if applicable, attach files before submitting your comment. Page 4 City of Hermosa Beach Printed on 3/27/2024 4 December 8, 2020City Council Regular Meeting Agenda - Final 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 change the order in which it takes up items on this agenda, remove and/or continue agenda items and pull items from the consent calendar for separate consideration. VII. PROCLAMATIONS / PRESENTATIONS a.20-0775 COVID-19 HEALTH UPDATE FROM BEACH CITIES HEALTH DISTRICT b.20-0789 HOME SHARE SOUTH BAY PROGRAM VIII. CITY MANAGER REPORT - The City Manager and staff may provide brief reports on pending City business. Longer oral reports to be provided are as follows: a.20-0776 COVID-19 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 not on this agenda, on items on this agenda as to which public comment will not be taken (City Manager Reports, City Councilmember Reports 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 City Manager Reports, City Councilmembers Reports, 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 Municipal Matters. Page 5 City of Hermosa Beach Printed on 3/27/2024 5 December 8, 2020City Council Regular Meeting Agenda - Final All comments from the public under this agenda item are limited to three minutes per speaker, but this time allotment may be reduced due to time constraints. The City Council acknowledges receipt of the written communications listed below. 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. X. CITY COUNCILMEMBER COMMENTS: Councilmembers may briefly respond to public comments, may ask a question for clarification or make a brief announcement or report on his or her own activities or meetings attended. a.20-0777 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 prior to the vote on the consent calendar. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar, either under Approval of the Agenda or under this item prior to the vote on the consent calendar. Items removed will be considered under Agenda Item XII (12), with public comment permitted at that time. The title is deemed to be read and further reading waived of any ordinance listed on the consent calendar for introduction or adoption. a.REPORT 20-0778 CITY COUNCIL MEETING MINUTES (City Clerk Eduardo Sarmiento) Recommendation:Staff recommends that the City Council approve the following minutes: 1. November 24, 2020 Regular Meeting b.REPORT 20-0767 CHECK REGISTERS (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council ratify the following check registers. c.REPORT 20-0785 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF NOVEMBER 5, 2020. Recommendation:Staff recommends that the City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of November 5, 2020. Page 6 City of Hermosa Beach Printed on 3/27/2024 6 December 8, 2020City Council Regular Meeting Agenda - Final d.REPORT 20-0772 LOS ANGELES COUNTY FIRE SERVICES AND AMBULANCE MONTHLY REPORT FOR OCTOBER 2020 (Emergency Management Coordinator Brandy Villanueva) Recommendation:Staff recommends that the City Council receive and file the October 2020 Fire and Ambulance monthly report. e.REPORT 20-0771 APPROVAL OF A FIRST AMENDMENT TO THE SPYDER SURFBOARD’S ANNUAL “SURF FEST” SPECIAL EVENT AGREEMENT (Community Resources Manager Kelly Orta) Recommendation:Staff recommends that the City Council approve the proposed first amendment to the Spyder Surfboard's annual "Spyder Surf Fest" special event agreement to extend it by one year, expiring in April 2023, due to the event cancelation in 2020 as a result of COVID-19 precautionary measures. f.REPORT 20-0770 AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HERMOSA BEACH, THE CITY OF MANHATTAN BEACH, THE CITY OF TORRANCE, THE CITY OF REDONDO BEACH, AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT REGARDING THE ADMINISTRATION AND COST-SHARING FOR COORDINATION AND IMPLEMENTATION OF THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) (Environmental Programs Manager, Douglas Krauss) Recommendation:Staff recommends that City Council approve Amendment No. 1 to the Memorandum of Understanding (MOU) between the City of Torrance, the City of Hermosa Beach, the City of Manhattan Beach, and the City of Redondo Beach and the Los Angeles County Flood Control District regarding the administration and cost sharing for coordination and implementation of the coordinated integrated monitoring program (CIMP). 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 prior to Council deliberation and action on each item pulled from the Consent Calendar. XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M. Page 7 City of Hermosa Beach Printed on 3/27/2024 7 December 8, 2020City Council Regular Meeting Agenda - Final a.REPORT 20-0769 TA 20-3 CITY COUNCIL CONSIDERATION OF AMENDMENTS TO SECTION 17.42.190 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING THE CITY’S LIMITED LIVE ENTERTAINMENT PERMIT PILOT PROGRAM AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Community Development Director Ken Robertson) Recommendation:The Planning Commission recommends that the City Council: 1. Hold a public hearing to consider TA 20-3 Text Amendment to extend the Limited Live Entertainment Permit Pilot Program and revise the Standards and Limitations to allow minor temporary floor plan changes with Community Development Director approval; 2. Introduce, on first reading, the proposed ordinance approving TA 20-3 text amendments; and 3. Determine the project is exempt from the California Environmental Quality Act. XIV. MUNICIPAL MATTERS a.REPORT 20-0779 RECEIVE VERBAL REPORT ON EMERGENCY ENFORCEMENT MEASURES TO ENSURE COMPLIANCE WITH PANDEMIC-RELATED HEALTH ORDERS FROM BOTH THE CITY AND THE COUNTY OF LOS ANGELES HEALTH DEPARTMENT (City Manager Suja Lowenthal and Police Chief Paul LeBaron) b.REPORT 20-0786 ADOPTION OF AN URGENCY ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE TEMPORARY MORATORIUM ON RESIDENTIAL EVICTIONS TO PREVENT PREMATURE EVICTIONS IN ADVANCE OF REMODEL/DEMOLITION DURING THE COVID-19 PANDEMIC AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY (City Attorney Michael Jenkins) (Assistant City Attorney Lauren Langer) Recommendation:Staff recommends that the City Council adopt Urgency Ordinance No. 20-1422U of the City of Hermosa Beach to amend provisions of the moratorium on residential evictions and setting forth the facts constituting such urgency (Attachment 1). The urgency ordinance requires four-fifths vote of the city council and if approved, will take effect immediately. Page 8 City of Hermosa Beach Printed on 3/27/2024 8 December 8, 2020City Council Regular Meeting Agenda - Final c.REPORT 20-0774 APPROVAL OF A THREE-YEAR AGREEMENT EXPIRING JULY 12, 2023 WITH EAS ENTERPRISES, LLC (“AVP”) FOR ITS ANNUAL “HERMOSA BEACH OPEN” EVENT (Community Resources Manager Kelly Orta) Recommendation:Staff recommends that the City Council approve a three-year agreement expiring July 12, 2023 with EAS Enterprises, LLC ("AVP") for its annual "Hermosa Beach Open" event. d.REPORT 20-0766 AXON ENTERPRISE INC. AGREEMENT (Chief Paul LeBaron) Recommendation:Staff recommends that the City Council approve a five-year agreement with Axon Enterprise, Inc. to purchase 40 TASER Model 7 Conducted Electrical Weapons and related equipment/software, with initial payment of $30,394.80 and annual payments of $21,024 for years two through five, for total contract amount of $114, 490.80. e.REPORT 20-0784 APPOINTMENT OF CITY REPRESENTATIVE TO THE LOS ANGELES COUNTY WEST VECTOR AND VECTOR-BORNE CONTROL DISTRICT BOARD (City Clerk Eduardo Sarmiento) Recommendation:Staff recommends that the City Council appoint a representative to the Los Angeles County West Vector and Vector-Borne Control District Board for the January 1, 2021 through December 31, 2022 two-year term. f.REPORT 20-0783 CITY COUNCIL COMMITTEE REORGANIZATION DECEMBER 2020 (City Clerk Eduardo Sarmiento) Recommendation:Staff recommends that City Council reorganize the Council Committee assignments and take the following actions: 1. Re-assign committee delegates/alternates or re-affirm current appointments; 2. Adopt the attached resolution to reflect delegate/alternate changes (if any) to the South Bay Cities Council of Government (SBCCOG); and 3. Add and/or delete any committees or temporary subcommittees, as appropriate. g.REPORT 20-0773 CITY COUNCIL MEETING SCHEDULE FOR 2021 (City Manager Suja Lowenthal) Recommendation:Staff recommends that City Council: 1. Review and provide direction on the proposed Special Meeting dates; and 2. Approve the City Council meeting schedule for 2021 (Attachment 1). Page 9 City of Hermosa Beach Printed on 3/27/2024 9 December 8, 2020City Council Regular Meeting Agenda - Final XV. FUTURE AGENDA ITEMS - Requests from Councilmembers for possible future agenda items and questions from Councilmembers regarding the status of 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. Councilmembers should consider the city's work plan when considering new items. The existing list of future agenda items below is for information only. a.20-0782 TENTATIVE FUTURE AGENDA ITEMS XVI. ADJOURNMENT Page 10 City of Hermosa Beach Printed on 3/27/2024 10 December 8, 2020City Council Regular Meeting Agenda - Final FUTURE MEETINGS AND CITY HOLIDAYS CITY COUNCIL MEETINGS: December 22, 2020 - Tuesday - No Meeting (Dark) BOARDS, COMMISSIONS AND COMMITTEE MEETINGS: December 15, 2020 - Tuesday - 7:00 PM - Planning Commission Meeting Page 11 City of Hermosa Beach Printed on 3/27/2024 11 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0788 Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of December 08, 2020 MINUTES:Approval of minutes of Closed Session held on November 24, 2020. City of Hermosa Beach Printed on 3/27/2024Page 1 of 1 powered by Legistar™12 December 7, 2020 Hermosa Beach City Council RE: Approval of Minutes of Closed Session 11.24.220 - Conflict of Interest Mayor Justin Massey Dear City Council, This letter is to notify you of a violation of the Political Reform Act by Mayor Justin Massey at the 11.24.2020 Hermosa Beach City Council closed session meeting. At the meeting, the City Council voted to appeal the 10.30.2020 State Court ruling in Hermosa Fitness LLC v. City of Hermosa Beach, Case Number: 18STCP02840. Mayor Massey discussed, deliberated and voted on this decision in which he has a disqualifying conflict of interest. Over the more than two years of hearings and litigation, Mayor Massey has recused himself from participating in all public discussions, deliberations and hearings related to Hermosa Fitness, LLC. Mayor Massey’s recusal is required by the Political Reform Act due to his financial interest in real property within 500 feet of the real property interest held by Hermosa Fitness, LLC. The FPPC presumes a conflict of interest in such cases, and only allow for an elected official to participate if he provides “clear and convincing evidence that the decision would not have any measurable impact on his property” and a recommended advice letter from the FPPC. Given the fact that Mayor Massey recused himself for the two and a half year period before the meeting of 11.24.2020, he either was unable to provide such clear and convincing evidence to the FPPC or he agreed that there was a conflict and chose not to seek a FPPC determination. At the last City Council closed session meeting, Attorney Jenkins announced that Mayor Massey no longer has a conflict of interest related to Hermosa Fitness, LLC by virtue of proximity (500 feet) because the “gym” is no longer open. He noted that his conclusion was based on his “own research” and his “examination of FPPC opinions”. This sudden revelation comes over eighteen months and sixty City Council meetings since the City became aware of the “gym” being closed, yet the Mayor continued to recuse himself and the City Attorney never advised otherwise. Only now, a year and a half later, when a critical discussion and vote would be needed to appeal judgment in favor of Hermosa Fitness, LLC did the City Attorney provide this unusual advice and Mayor Massey chose to rely on in using his official position to influence this decision. The Political Reform Act Regulation 18702.2(a)11 states “the reasonably foreseeable financial effect of a governmental decision on a parcel of real property in which an official has a financial interest is material whenever the governmental decision would consider any decision affecting real property value located within 500 feet of the property line of the official's real property.” The regulation refers only to “real property” (not “businesses” or “gyms”) and Hermosa Fitness, LLC’s 13 continues to maintain a long-term interest in the real property at 725 Cypress. Mayor Massey’s participation in voting to appeal the State Courts decision to set aside Resolution 18-7141, which required significant building modifications and use restrictions for gyms at this location, if successful, will affect both the short and long term real property in which Hermosa Fitness, LLC has an interest. Unless Mayor Massey not longer has an interest in his property, he continues to have a conflict of interest in this respect. In addition to his violation of PRA regulation 18702.2(a)11, Mayor Massey has also inserted himself in a decision which will affect the financial interest of a person who has supported him. The very purpose of the Political Reform Act is to ensure officials perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of personal who have supported them. Stacey Armato actively and publicly supported Massey’s City Council campaigns in 2015 and 2019. This relationship and personal bias helps to explain why Councilmember Massey has only now decided to participate in meetings after an adverse ruling against both the City and Councilmember Armato that will expose both to significant liability. It seems the City Attorney and Mayor are willing to apply the Political Reform Act only when it is convenient or beneficial to the City’s position. Fortunately, the Political Reform Act applies regardless of what the City Attorney thinks and is not conditioned upon Mayor Massey’s apparent change-of-heart about participating in the case. Mayor Massey should have not participated in the deliberation or decision-making because the location of the properties has not changed since the litigation began. Given his prior recusals, now obvious violation of the Political Reform Act, and his relationship with Councilmember Armato make the appearance of a conflict of interest unavoidable. His participation in the case also potentially exposes him to liability. Mayor Massey should be prohibited from participating or using his position to influence any decision regarding Hermosa Fitness, LLC’s property and the balance of the eligible City Council members should re-hear this item for a fair and legitimate vote. Respectfully, Jed W. Sanford 14 15 16 17 December 7, 2020 Hermosa Beach City Council RE: Approval of Minutes of Closed Session 11.24.20 - Conflict of Interest Councilmember Armato Dear City Council, This letter is to notify you of Councilmember Stacey Armato continuing bias and disqualifying financial conflict of interest in participating in decisions related to Hermosa Fitness, LLC. She should cease participation in matters related to Hermosa Fitness, LLC and the City should re-vote on the closed session matters in which she illegally participated. As you know, on October 30, 2020 the Superior court granted Hermosa Fitness, LLC’s petition for writ of mandate and directed the City to set aside Resolution No. 18-7141. The court found an unacceptable probability that Councilmember Armato was biased against Hermosa Fitness, LLC. Specifically, the court found “communications, in conjunction with other concrete facts, show an unacceptable probability that, during the more than two years of City investigation prior to the abatement hearing, Armato became biased in favor of the complaining residents and against the Gym”. The judge also stated, “Armato should have recused herself” and instructed, “any further hearing should also be conducted in light of the fairness arguments discussed above.” Armato’s continued discussion, deliberation regarding Hermosa Fitness, LLC seems to be in direct violation of Judge Strobel’s order. Further, common law conflict of interest is premised on the basic presumption that a “public officer is impliedly bound to exercise the powers conferred on her with disinterested skill, zeal and diligence and primarily for the benefit of the public. Thus, a decision-maker should not be tempted by her own personal or pecuniary interest, and applies to situations involving a nonfinancial personal interest.” With the recent judgment finding Councilmember Armato had an unacceptable probability of bias against Hermosa Fitness, LLC, there is no doubt that she should not be deliberating, voting or otherwise using her influence regarding issues in this case. The Political Reform Act also prohibits a public servant from being involved in governmental decisions when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the public servant, or on a member of his or her immediate family. Financial effects on a public servant’s personal finances are deemed material if the public servant, or his or her family member, will receive a measureable financial benefit or loss from the decision. 18 In this case, Councilmember Armato was named individually and in her personal capacity in the federal litigation involving civil rights violations against Hermosa Fitness, LLC. Given the State Court’s ruling and the direct correlation of those issues to the pending federal case in which she is personally named, she has significant personal financial liability. There is no question she is participating and using her official position to influence a governmental decision that will likely have a substantial effect on her personal finances. Councilmember Armato is inextricably tied-up in both cases, judicially determined to be biased in one and financially liable in the other, and her further participation in either is therefore improper. Councilmember Armato must recuse herself from any future deliberation, vote, or attempts influence decisions related to Hermosa Fitness, LLC and her own personal finances. Any City Council votes taken with Councilmember Armato’s participation – including the closed-session votes on 11.24.2020 - are illegitimate and tainted by Armato’s participation. Issues involving the litigation against Hermosa Fitness, LLC must be decided without her involvement. Accordingly, we demand that any actions at the Council’s prior closed-session meeting related to Hermosa Fitness, LLC be immediately cured and corrected, and that Councilmember Armato be excluded from further participation in matters related to this litigation. Respectfully, Jed W. Sanford 19 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0787 Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of December 08, 2020 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City’s designated representative:Mayor, Justin Massey Unrepresented Employee:City Manager City of Hermosa Beach Printed on 3/27/2024Page 1 of 1 powered by Legistar™20 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report City of Hermosa Beach Printed on 3/27/2024Page 1 of 1 powered by Legistar™21 Toys are given to the children serviced by local charities such as: Due to COVID-19, the Toy Wrapping Party will be Cancelled for 2020. You can still participate in the Annual Beach Cities Toy Drive, please DONATE UNWRAPPED NEW TOYS and bring them to any of the locations listed below: For further information: beachcitiestoydrive@gmail.com or Pete Tucker (310) 218-7239 (Hermosa Beach) or Richard Montgomery (310) 780-3577 (Manhattan Beach). •The Salvation Army •Harbor - UCLA Child Crisis Center •1736 Family Crisis Center •Richstone Family Center •Special Needs Network, Inc. •Good Shepherd Center •The Midnight Mission •Los Angeles County Toy Loan Program •South Central Family Health Center •Toys for Champions • Los Angeles County Fire Station No. 100 540 Pier Avenue, Hermosa Beach • Hermosa Beach Police Department 540 Pier Avenue, Hermosa Beach (open 24 hours) @BeachCitiesToyDrive beachcitiestoydrive.weebly.com 28th Annual Hermosa Beach & Manhattan Beach Donate Toys by December 19, 2020! The Cities of Hermosa Beach and Manhattan Beach are proud to announce the commencement of the 28th Annual Beach Cities Toy Drive. The Beach Cities Toy Drive is held in cooperation with the Cities of Hermosa Beach and Manhattan Beach during the Holiday Season. You can also participate by DONATING UNWRAPPED NEW TOYS and bring them to one of the Drive-Thru's: • Hermosa Beach City Hall Parking Lot December 5 and December 12, 2020 10:00 AM - 2:00 PM 540 Pier Avenue, Hermosa Beach 22 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0775 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 08, 2020 COVID-19 HEALTH UPDATE FROM BEACH CITIES HEALTH DISTRICT City of Hermosa Beach Printed on 3/27/2024Page 1 of 1 powered by Legistar™23 BCHD COVID-19 Health Update December 8, 2020 24 25 State of COVID-19 26 State of COVID-19 27 State of COVID-19 28 Regional Stay at Home Order Regional Stay at Home Order goes to effect for a minimum of 3 weeks when region’s ICU bed availability fall below 15% Southern California:Imperial, Inyo, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, Ventura 29 In any region that triggers a Regional Stay Home Order because it drops below 15% ICU capacity all operations in the following sectors must be closed (except to the extent that their operations fall within critical infrastructure): • Indoor and outdoor playgrounds • Hair salons and barbershops • Personal care services • Museums, zoos, and aquariums • Movie theaters (except drive-in) • Wineries, bars, breweries, and distilleries • Family entertainment centers • Cardrooms and satellite wagering • Limited services • Live audience sports • Amusement parks Stay at Home Order 30 The following sectors will have additional modifications in addition to 100% masking and physical distancing: •Outdoor recreational facilities:Allow outdoor operation only for the purpose of facilitating physically distanced personal health and wellness through outdoor exercise, without any food, drink or alcohol sales. Additionally, overnight stays at campgrounds will not be permitted. •Retail:Allow indoor operation at 20% capacity, and 35% of capacity for standalone grocery stores, with entrance metering and no eating or drinking in the stores. Additionally, special hours should be instituted for seniors and others with chronic conditions or compromised immune systems. •Shopping centers: Allow indoor access at 20% capacity with entrance metering and no eating or drinking in the stores. Additionally, special hours should be instituted for seniors and others with chronic conditions or compromised immune systems. •Hotels and lodging:Allow for COVID-19 mitigation and containment measures, treatment measures, provide accommodation for essential workers, or providing housing solutions, including measures to protect homeless populations. •Restaurants:Allow only for take out or delivery. •Offices:Allow remote only except for critical infrastructure sectors where remote working is not possible. •Places of worship and political expression:Allow outdoor activities only. •Entertainment production:Industries, studios, and other related establishments such as establishments that provide content for professional broadcast can operate without live audiences. Stay at Home Order 31 http://file.lacounty.gov/SDSInter/dhs/1073975_HospitalCOVIDAssessment2020-WEEKLY.pdf 32 http://file.lacounty.gov/SDSInter/dhs/1073975_HospitalCOVIDAssessment2020-WEEKLY.pdf 33 Hospitalization Data 34 COVID-19 Testing •Who is eligible to get tested at the LA County test sites? –Anyone with symptoms consistent with COVID-19 –Those who have had close contact in the past 14 days with someone known to be infected with COVID-19 –Those who live or work in a high-risk congregate setting (such as skilled nursing facilities or homeless shelter). There are a limited number of tests also available for those who are asymptomatic and an essential worker who is in frequent contact with the public •Where do I sign up for a test? –If you have insurance and a provider, contact your medical provider –https://covid19.lacounty.gov/testing 35 During this time of heightened health concern, BCHD is available to offer help and support. If you or someone you know in the Beach Cities needs assistance with errands, health-related information or referrals, please call our Assistance, Information & Referral line at 310-374-3426 ext. 256, Monday - Friday, 8:30 a.m. – 5 p.m. Assistance, Information & Referrals 36 Wednesday, December 9th 5:00-6:00pm Register at www.bchd.org/coronavirus Topics include COVID-19 Vaccines, Support and resilience during the holidays, and adapting our behaviors during the pandemic 37 COVID-19 Vaccine Candidates Pfizer/BioNTech Moderna AstraZeneca/Oxford Preliminary results show 95% efficacy Preliminary results show 94.5% efficacy Preliminary results show 70% efficacy Requires 2 doses, 21 days apart Requires 2 doses, 28 days apart Requires 2 doses, 30 days apart Stored at Ultra Low Temperatures -80 C (range -80C to -60C). Can be refrigerated 5 days and room temperature for 6 hours Stored at frozen temps -20C (range - 20 to -15C). Can be refrigerated for 28 days and kept at room temperature for 12 hours Stored at normal refrigeration (2 to 8C). Can be refrigerated for 6 months No serious adverse events reported Side Effects: mostly mild, pain at injection site, fatigue common, more reactions after 2nd dose No serious adverse events reported Side Effects: mostly mild, pain at injection site, fatigue and headache common with chills, fever, myalgia presenting after the 2nd dose Two adverse reactions reported, details unknown FDA EUA application submitted 11/20/20. Granted authorization in the UK on 12/2/20 FDA EUA application submitted 11/30/20 Approval timelines TBD 38 Phased approach to COVID-19 Vaccination California COVID-19 Vaccination Plan, California Department of Public Health, 10/16/2020, version 1.0 39 Phase 1 Sequence Phase 1A: • Health care personnel • Long Term Care Facility residents Phase 1B • Essential Workers • Education Sector, Food & Agriculture, Utilities, Police and Fire, Corrections Officers, Transportation Phase 1C • Adults with high-risk medical conditions • Adults 65+ Workgroup Proposed Interim Phase 1 Sequence. ACIP committee meeting recommendations, November 2020 40 Phase 1 Sequence—Possible timeline Los Angeles County Vaccine Workgroup, Dec 2020 41 Phase 1a: Health Care personnel and long-term care facility residents Phase 1a include persons at risk of exposure to SARS-CoV-2 through their work in any role in direct health care or long-term care settings (including non-clinical roles). Tier 1 • Acute care, psychiatric and correctional facility hospitals • Skilled nursing facilities, assisted living facilities, and similar settings for older or medically vulnerable individuals—residents and staff • Paramedics, EMTs and others providing emergency medical services • Dialysis centers Tier 2 • Intermediate care, for persons who need non-continuous nursing supervision and supportive care. • Home health care and in-home supportive services • Community health workers, including promotoras • Public health field staff • Primary care clinics including Federally Qualified Health Centers, Rural Health Centers, correctional facility clinics, and urgent care clinics Tier 3 • Other settings and health care workers, including: • Specialty clinics • Laboratory workers • Dental / oral health clinics • Pharmacy staff not working in settings at higher tiers California Drafting Guideline Workgroup and Community Advisory Committee recommendations 42 What does rollout look like? Initial doses for healthcare workers will be through acute care hospital settings Long term care facilities will be supported through federal partnership with pharmacies. CVS and Walgreens will have vaccines shipped directly to them ◦LA County: potential delay in having pharmacies be activated by state and because of high risk in LA County SNFs, the County will provide vaccinations directly. Different strategies for Phase 1B and onward—potentially walk up/drive-up approach LA County Dept. of Public teams assessing various sites, smaller point of dispensing (POD) set ups in the beginning ◦Manhattan Beach and Hermosa Beach have signed MOUs with LA County for their MPODs. Redondo is in processing for Performing Arts Center ◦Not looking at drive through model—need to wait 15-30 minutes after vaccination before you can leave. Need space for parking and walkups 43 Vaccine Hesitancy 44 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0789 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 8, 2020 HOME SHARE SOUTH BAY PROGRAM City of Hermosa Beach Printed on 3/27/2024Page 1 of 1 powered by Legistar™45 A homesharing program designed to assist the growing number of older residents who may need support to remain living in their homes, as well as aid individuals close to homelessness due to high rents and low wages. Introduction to 46 Funding Measure H Innovation Funds •SBCCOG received funds for regional-focused programs, including the Home Sharing pilot. Purpose Support activities that align with LA County Homeless Initiative Approved Strategies to Combat Homelessness. Homesharing is a prevention strategy. Home Share South Bay Pilot program to match homeowners with compatible housematesto assist the growing number of older residents who may be close to homelessness due to high rents and low wages or fixed income. •Limited FREE membership for homeowners for six months •Limited FREE background checks Goal Facilitate finding potential homeowners and home seekers to match through collaboration with local senior villages,service providers, and faith based and community organizations. Complete at least 15 matches by June 30, 2021 South Bay Cities Council of Governments (SBCCOG) Role 47 Homesharingis NOT a New Concept Homesharing services are the classic example of a “sharing economy” platform. Homesharing programs come in different shapes and sizes •LA Family Housing –SF Valley programoffers severaltypes of shared housing, including intergenerational arrangements, matching senior participants with senior participants, matching seniors with community members, or participants with senior community members. •Affordable Living for the Aging -Los Angeles program matches two or more unrelated people to share a home in exchange for rent or services such as cleaning or cooking.This program is growing in popularity and the average match lasts 2.5 years. •Home Share Oregon -non-profit organization of Oregon Harbor of Hope that combines Silvernest technology and partnerships with many community nonprofits to best serve Oregon’s community with a mission to prevent foreclosure and homelessness through homesharing. •Home Share South Bay is NOT Airbnb, VRBO, HomeAway, Flipkey, Homestay, etc. 48 Why is Home Sharing So Important Now? Homesharing is an increasingly important component in the quest to use existing housing stock more efficiently. It creates more affordable room rental options, while at the same time addresses increasing crises in our rapidly aging society. Over the next ten years, the number of households aged 65-74 with “severe” rent burdens (where expenditures on housing account for above ½ of household income) are projected to rise by 42% (Housing America’s Older Adults, Harvard Joint Center for Housing Studies, 2014). Increasing homelessness among older adults is one consequence of this trend; the number of homeless older adults is estimated to increase by 33% from 2010 to 2020 (Healthy Aging Begins at Home, Bipartisan Policy Center, 2016). 2020 Homeless Count indicated 13% of people experiencing homelessness in South Bay are 62+. 49 The Home Share South Bay Online Landing Page https://silvernest.com/SouthBay 50 Home Share South Bay - SBCCOG Partners with Silvernest Silvernest is an online service to facilitate home sharing including: MATCH and SCREEN -Matches homeowners and housemates with a unique compatibility score. They also verify everyone's identity at signup. CONNECT -Private and secure in-app messaging lets you interview and get to know each other with confidence. NEST EASY -Provides a lease creator, automated rent payments, and homesharing insurance coverage in one streamlined package. HOMESHARE HAPPILY EVER AFTER -Coordinating with the SBCCOG, ongoing support is provided. 51 List A Profile Enter the preferences for the space that you have or are looking for Find Your Match Securely message and agree to home-share Prepare To Share Build your lease and set auto rent payments Manage The Relationship Access home-sharing guidance Home Sweet Shared Home® Homeowners can earn on average $10,000/yr (National Average) How It Works – So Easy 52 Benefits of Homesharingto Homeowners •Empowers older homeowners to thrive in their chosen homes & communities. •FREE to sign up, match & message – Membership Fee (to Silvernest) only starts after rent is collected (monthly fee is 5% of monthly rent). •FREE home insurance coverage up to $100,000 – no deductible. •The ability to create flexible & customized rental agreements with support to assist with the matching process. •Help homeowners who may be: o Seeking companionship o Desiring to age in their home and maintain independence o Living on a fixed income o Needing help with daily tasks like grocery shopping, transportation, or home repairs 53 Benefits of Homesharing to Home Renters •Can help prevent those with economic challenges from becoming homeless. o Many may be a paycheck or two away from losing their home. •Addresses the lack of readily available affordable housing. •Provides affordable opportunity to secure stable housing quickly and safely. •Provides FREE insurance up to $10,000 for home renter’s belongings. •It’s FREE to sign up, match & message. •Save on rent. o Silvernest estimates their renters save up to $9,000 per year on average, compared to market rent rates. (Based on national average) 54 Benefits of Homesharing to BOTH Homeowners &Home Renters •Creates income for homeowners and rent savings for renters. o Silvernest homeowners earn $850/month on average by homesharing.(Based on national average) o Silvernest renters save $750/month on average compared to market rent rates.(Based on national average) •Allows more flexibility than traditional rent arrangements, including short or unconventional lease terms and option of reduced rent in exchange for help around the house. •Creates immediate access to housing inventory that’s typically much more affordable than market-rate rentals. 55 How COVID is Affecting Seniors Exacerbated Loneliness Social isolation has long been a major concern for older Americans. The pandemic has only made it worse. Being homebound and isolated from others can have unhealthy effects. Chronic loneliness can worsen memory in older adults and cause other declines in mental and physical health. Financial Fallout for Older Americans Financial hardships created by the COVID-19 pandemic will push between 1.4 and 2.1 million more older Americans into poverty. Mortgage payments may not be in jeopardy— yet— but money for food, healthcare and other necessary expenses may be getting tight. The pandemic is making it very hard for many people to cover their housing costs. 56 Addressing COVID Concerns Minimizing Risk of Exposure to the Virus with Homesharing People need more ways to earn or save money each month, ease their social disconnection and somehow do both while minimizing their risk of exposure to the virus. The profile includes questions related to adhering to COVID guidelines. Homeowners can communicate with potential housemates to discuss additional safety concerns. Interviews and home inspections can be conducted virtually. Profile COVID related questions to start the conversation •When around non-household members, do you wear a mask? •What are your expectations of a roommate in terms of mask-wearing and other pandemic safety behaviors? •What does your current social/work life look like? •What are your Covid house rules? 57 Artwork Available to Assist in Outreach Efforts pdf format is available for websites, newsletters, and hard copy fliers jpg format is available for all social media platforms 58 Frequently Asked Questions Q: Are the home seekers in this program people who are currently living on the streets now with possible drug or alcohol use problems? A: NO. The program focus is on individuals who are self-sufficient, gainfully employed, but may be close to becoming homeless due to economic hardship such as rent increases, medical expenses, etc. Q: How can a homeowner know how much to charge for renting a room? A: Home Share South Bay profiles includes a suggested rent amount to charge based on the homeowner's information on the room size, available shared amenities, and geographic location. 59 Frequently Asked Questions Q: Is this program designed for short term or long-term rentals? A: The lease can be set up as month to month for short term, or longer if desired. The online lease process is very user-friendly with many options to customize to the needs of the participants. Long-term leases will be encouraged. Q: What if an older adult does not have access to a computer or understand how to do this online? A: At this time, the program is only online so adults may need assistance with the process from a relative, friend, or senior center. 60 Contact Us for More Information Grace Farwell Grace@southbaycities.org Laurie Jacobs Laurie@southbaycities.org 61 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0776 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 08, 2020 COVID-19 UPDATE City of Hermosa Beach Printed on 3/27/2024Page 1 of 1 powered by Legistar™62 Page 1 of 2 DECEMBER 8, 2020 CITY MANAGER COVID-19 UPDATE Please note that statement delivered during Council Meeting may vary due to frequent changes in COVID-19 information and restrictions. As you have heard, the South Bay has seen a significant increase in COVID-19 diagnoses and hospitalizations in recent weeks. The number of people being diagnosed with the virus in Hermosa Beach each week has grown substantially since Thanksgiving. As of yesterday, 74 additional Hermosa Beach residents had been diagnosed with COVID-19 since Thanksgiving. We are in a very critical time, especially with families and friends wishing to gather during the Winter Holidays. We ask everyone to protect themselves and their loved one s by staying home as much as possible and gathering online or over the phone with anyone outside your immediate household. This is the only way we can keep healthy and preserve the capacity in our health care system. The Intensive Care Units in Southern California are filling up. They only had 10.9 percent of their capacity left on Sunday. That is why the State imposed a new Regional Stay-at-Home Order late Sunday. If trends continue, we could reach a point where there won’t be an ICU bed or the staffing available for you or your loved one, should you become seriously ill or have a serious accident. The COVID-19 vaccine is several months away. We need to continue to be vigilant and take the necessary precautions to get us to the point where the vaccine can protect us. So please stay home and interact only with your immediate household. Please wear a face covering over your mouth and nose when you do go out for essential services and, if you are exposed to the virus or you feel ill, please quarantine. Remember for some, COVID acts like a cold so it is important that if you feel sick, stay home and connect with your medical provider. We have heard the community’s concerns about people experiencing homelessness and wanted to invite you to a Virtual Community meeting from 7 to 8:30 p.m. on Thursday to introduce you to the South Bay Beach Cities Homelessness Partnership. The Cities of Hermosa Beach, Manhattan Beach and Redondo Beach will provid e information about the local response and partnerships they’re forming to support people experiencing homelessness. A panel of agency representatives will share their experiences and provide information on how we can all work together, as neighbors, to strengthen our community and address homelessness. Please see the City’s website for more information about the event. You may also RSVP and learn more on the City’s Facebook Events Page. 63 Page 2 of 2 With the Regional Stay at Home orders and other COVID-19 restrictions, many of us are walking more – and walking our dogs more. Let’s please try to keep things pleasant by picking up after our pets, keeping them on their leashes and keeping them off the beach. Picking up after your pets keeps the sidewalks and streets clean – and helps prevent more ocean pollution. Since we are not meeting again until January, we want to let everyone know that the City will take a holiday break in street sweeping enforcement. There will be no street sweeping enforcement from December 24 to January 3. Street sweeping enforcement will resume on Monday, Jan. 4, 2021. We extend our best wishes to everyone during this holiday season and our hopes for a Happy and Healthy New Year. 64 VIRTUAL COMMUNITY MEETING INTRODUCTION TO THE SOUTH BAY BEACH CITIES HOMELESSNESS PARTNERSHIP DECEMBER 10, 2020 • 7PM – 8:30PM VIA ZOOM MEETING ID: 985 2883 3975 ONLINE https://citymb-info.zoom.us/j/98528833975 CALL-IN +1 669 900 6833 US Learn more about the regional partnership on homless outreach in the South Bay beach cities of Manhattan Beach, Hermosa Beach and Redondo Beach. A panel of agency representatives will discuss their City’s involvement with addressing homelessness. Attendees are encouraged to submit their questions in advance, as a limited question and answer period will be provided during their meeting. Please send all your follow up comments or questions to Outreach@harborinterfaith.org www.citymb.info/homelessness65 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 20-0777 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 08, 2020 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES City of Hermosa Beach Printed on 3/27/2024Page 1 of 1 powered by Legistar™66 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0778 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 08, 2020 CITY COUNCIL MEETING MINUTES (City Clerk Eduardo Sarmiento) Recommended Action: Staff recommends that the City Council approve the following minutes: 1.November 24, 2020 Regular Meeting Due to staffing shortages in the City Clerk’s office, the following minutes will be provided as soon as they become available. 1.April 28, 2020 Regular Meeting 2.May 12, 2020 Regular Meeting 3.May 21, 2020 Special Meeting 4.May 26, 2020 Special Meeting 5.June 9, 2020 Regular Meeting 6.June 23, 2020 Special Meeting 7.September 29, 2020 Joint Meeting of the City Council and Parks, Recreation and Community Resources Advisory Commission Respectfully Submitted by: Eduardo Sarmiento, City Clerk Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 3/27/2024Page 1 of 1 powered by Legistar™67 Hermosa Beach City Council Adjourned Regular Meeting Minutes Tuesday, November 24, 2020 Closed Session 5:00 P.M Regular Session 6:00 P.M. Virtual Meeting via Zoom City Council Justin Massey, Mayor Michael Detoy, Mayor Pro Tem Stacy Armato, Councilmember Mary Campbell, Councilmember Hany Fangary, Councilmember I. CALL TO ORDER The City Council Regular Meeting of the City of Hermosa Beach met via a virtual meeting held pursuant to Executive Order N-29-20 issued by Governor Gavin Newsom March 17, 2020 on the above date. Meeting was called to order by Mayor Massey at 6:02 p.m. II. PLEDGE OF ALLEGIANCE The pledge of allegiance was led Mayor Massey III. ROLL CALL Present: Councilmembers Armato, Campbell, Fangary, Mayor Pro Tem Detoy, and Mayor Massey Absent: None IV. CLOSED SESSION REPORT City Attorney Michael Jenkins reported that Closed session was called to order at 5 p.m. with no members of the public providing public comment. Attorney Jenkins shared that Mayor Massey was no longer required to recuse himself from item #2 of the closed session agenda due to the elimination of the bases requiring recusal from the item. Council voted unanimously on item #2a of the closed session agenda to file an appeal 68 with Councilmember Campbell recused from the vote. There were no other actionable items from Closed Session. V. ANNOUNCEMENTS Mayor Massey announced the Tri-Cities Homelessness Partnership Community Roundtable coming Thursday, December 10th from 7 -8:30pm. A flyer is attached to this agenda for information on how to participate and how to submit questions. The Mayor announced that the 28th Annual Beach Cities Toy Drive will continue this year. The community can donate unwrapped new toys to our local Fire Station or Police Department as well as at the drive-thru events scheduled for December 5 and December 12 at the Hermosa Beach City Hall Parking Lot from 10am-2pm. An event flyer is attached to the meeting agenda. Beach Cities Health District is asking the community to assist with its 22nd Annual Holiday Gift Bag Program by coloring and decorating a holiday card to be inserted in each bag. Holiday card templates can be downloaded at www.bchd.org/holidaygiftbags. location. Lastly, the Mayor announced that local resident, Jessica Accamando, has created a Hermosa Beach Local Gift Exchange to encourage shopping local. Please visit https://www.elfster.com/gift-exchanges/865c5092-c42f-480b-b6d6- dff5edd90bdc/?join=ody1 for more information. (Complete audio and video is available upon request at the City Clerk’s office or can be accessed by clicking the following link. 11-24-20 Regular City Council Meeting VI. APPROVAL OF AGENDA MOTION: Councilmember Armato moved to approve the agenda, seconded by Councilmember Campbell. Motion carried by unanimous consent. AYES: Councilmembers Armato, Campbell, Fangary, Mayor Pro Tem Detory, and Mayor Massey ABSENT: None VII. PROCLAMATIONS / PRESENTATIONS a. COVID-19 HEALTH UPDATE FROM BEACH CITIES HEALTH DISTRICT b. RECOGNIZING CLEAN BAY RESTAURANTS c. HERMOSA BEACH KIWANIS CLUB PRESENTS CHECK TO CITY 69 d. PROCLAMATION DECLARING NOVEMBER 30 – DECEMBER 6, 2020 AS “UNITED AGAINST HATE WEEK” IN HERMOSA BEACH (Complete audio and video is available upon request at the City Clerk’s office or can be accessed by clicking the following link. 11-24-20 Regular City Council Meeting VIII. CITY MANAGER REPORTS City Manager Suja Lowenthal provided a COVID-19 update, specifically relating to restaurants and retail establishments. Ms. Lowenthal reminded the community to be careful during the holidays and limit large family gatherings. She also announced the return of John Cordova as the City’s Public Works Superintendent. Ms. Lowenthal reported on an Information Item concerning the Safer Prospect project which aims to test concepts to improve safety along Prospect Avenue. A virtual community meeting will be held December 2nd at 5:30pm. More information is available on the City’s website. Lastly, the City Manager welcomed the City’s delegate to the County Vector Control District Jim Fasola to provide an update. IX. PUBLIC COMMUNICATIONS/ORAL AND WRITTEN COMMUNICATIONS The following members of the public provided public comment: 1. Laura Pina 2. Gilbert David Orozco 3. John David MOTION: Councilmember Armato moved to receive and file the written communications, seconded by Councilmember Campbell. Motion carried by unanimous consent. AYES: Councilmembers Campbell, Armato, Fangary, Mayor Pro Tem Detoy, and Mayor Massey ABSENT: None (Complete audio and video is available upon request at the City Clerk’s office or can be accessed by clicking the following link. 11-24-20 Regular City Council Meeting X. CITY COUNCIL COMMENTS a. UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING COMMITTEE DELEGATES/ALTERNATES 70 Mayor Pro Tem Detoy gave an update on his attendance at a recent Sanitation District meeting. (Complete audio and video is available upon request at the City Clerk’s office or can be accessed by clicking the following link. 11-24-20 Regular City Council Meeting XI. CONSENT CALENDAR MOTION: Councilmember Armato moved to approve the consent calendar, seconded by Councilmember Campbell. Motion carried by unanimous consent. AYES: Councilmembers Armato, Campbell, Fangary, Mayor Pro Tem Detoy, and Mayor Massey ABSENT: None a. CITY COUNCIL MEETING MINUTES b. CHECK REGISTERS c. REVENUE REPORT, EXPENDITURE REPORT, COVID-19 REVENUE TRACKING REPORT, AND CIP REPORT BY PROJECT OCTOBER 2020 d. CITY TREASURER’S REPORT AND CASH BALANCE REPORT e. CANCELATION OF CERTAIN CHECKS f. ACTION MINUTES OF THE PUBLIC WORKS COMMISSION MEETING OF SEPTEMBER 16, 2020 g. CAPITAL IMPROVEMENT PROGRAM STATUS REPORT AS OF NOVEMBER 17, 2020 h. PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS i. ACTION SHEET OF THE PLANNING COMMISSION MEETING OF NOVEMBER 17, 2020 j. SOUTH BAY WORKFORCE INVESTMENT BOARD QUARTERLY SUMMARY k. LIST OF REGULAR AND ONGOING CITY BOARD AND COM ISSION APPOINTIVE TERMS THAT WILL EXPIRE DURING THE 2021 CALENDAR YEAR 71 l. APPROVAL OF THE COMMENCEMENT OF SPECIAL EVENT LONG-TERM AGREEMENT NEGOTIATIONS WITH FRIENDS OF THE PARKS FOR ITS ANNUAL EVENTS INCLUDING: “PETS IN THE PARK” HELD AT VALLEY PARK; “PUMPKINS IN THE PARK” HELD AT EDITH RODAWAY FRIENDSHIP PARK; AND “MOVIES AT THE BEACH” HELD SOUTH OF THE PIER m. REQUEST FOR APPROVAL OF SPONSORSHIP DONATION TO THE BEACH CITIES HEALTH DISTRICT’S 22ND ANNUAL HOLIDAY GIFT BAG PROJECT n. ORDINANCE NO. 20-1419 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING TEXT AMENDMENT 20-02, CONSIDERATION OF AMENDMENTS TO CHAPTER 17.44, “OFF-STREET PARKING” OF THE HERMOSA BEACH MUNICIPAL CODE TO ALLOW PARKING PROVIDED WITH MECHANICAL VEHICLE LIFTS TO COUNT TOWARDS THE REQUIRED NUMBER OF PARKING SPACES AND TO SET STANDARDS FOR THE PERMITTING AND US OF MECHANICAL VEHICLE LIFTS XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION NONE XIII. PUBLIC HEARINGS – TO COMMENCE AT 6:30 P.M. None XIV. MUNICIPAL MATTERS a. RECEIVE VERBAL REPORT ON EMERGENCY ENFORCEMENT MEASURES TO ENSURE COMPLIANCE WITH PANDEMIC-RELATED HEALTH ORDERS FROM BOTH THE CITY AND THE COUNTY OF LOS ANGELES HEALTH DEPARTMENT Chief LeBaron provided an update on enforcement and reported more compliance and lower numbers of contacts made by enforcement officers due to the colder weather. (Complete audio and video is available upon request at the City Clerk’s office or can be accessed by clicking the following link. 11-24-20 Regular City Council Meeting 72 b. CONSIDERATION OF A TEMPORARY SUSPENSION OF HERMOSA BEACH MUNICIPAL CODE REGULATION OF OUTDOOR STEREO SPEAKERS AT COMMERCIAL ESTABLISHMENTS MOTION: Councilmember Campbell moved to approve the item with modifications to the dates and addition of retail and personal services es tablishments, seconded by Councilmember Armato. Motion carried by unanimous consent. AYES: Councilmembers Campbell, Armato, Fangary, Mayor Pro Tem Detoy, and Mayor Massey ABSENT: None (Complete audio and video is available upon request at the City Clerk’s office or can be accessed by clicking the following link. 11-24-20 Regular City Council Meeting c. ADOPTION OF AN URGENCY ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE TEMPORARY MORATORIUM ON COMMERCIAL EVICTIONS TO PREVENT PREMATURE EVICTIONS IN ADVANCE OR REMODEL/DEMOLITION DURING THE COVID-19 PANDEMIC AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY MOTION: Councilmember Armato moved to adopt Urgency Ordinance 1420U, seconded by Councilmember Campbell. Motion carried by unanimous consent. AYES: Councilmembers Campbell, Armato, Fangary, Mayor Pro Tem Detoy, and Mayor Massey ABSENT: None (Complete audio and video is available upon request at the City Clerk’s office or can be accessed by clicking the following link. 11-24-20 Regular City Council Meeting MOTION: Councilmember Armato moved to have staff bring back a similar item at the December 8th Council meeting that covers residential properties, seconded by Mayor Pro Tem Detoy. Motion carried by unanimous consent. AYES: Councilmembers Campbell, Armato, Fangary, Mayor Pro Tem Detoy, and Mayor Massey ABSENT: None 73 d. AUTHORIZATION OF CITY CLERK TO CONTINUE ADVERTISING AND REQUESTING APPLICATIONS FOR A REPRESENTATIVE TO THE LOS ANGELES COUNTY WEST VECTOR AND VECTOR-BORNE CONTROL DISTRICT BOARD MOTION: Councilmember Armato moved to direct the City Clerk to not to continue advertising and requesting application for the Vector-Borne Control Board and , seconded by Councilmember Campbell. Motion carried by unanimous consent. AYES: Councilmembers Campbell, Armato, Fangary, Mayor Pro Tem Detoy, and Mayor Massey ABSENT: None (Complete audio and video is available upon request at the City Clerk’s office or can be accessed by clicking the following link. 11-24-20 Regular City Council Meeting XV. FUTURE AGENDA ITEMS a. TENTATIVE FUTURE AGENDA ITEMS Mayor Massey spoke to items that have been paused due to the City’s focus on pandemic response and that these items should be re-addressed. (Complete audio and video is available upon request at the City Clerk’s office or can be accessed by clicking the following link: 11-24-20 Regular City Council Meeting ADJOURNMENT Mayor Massey adjourned the City Council meeting to Wednesday December 2, 2020 at 5:30 p.m. for a safer prospect community meeting. The City Council meeting ended at 9:08 p.m. Eduardo Sarmiento, City Clerk 74 December 7, 2020 Hermosa Beach City Council RE: Approval of Minutes of Closed Session 11.24.220 - Conflict of Interest Mayor Justin Massey Dear City Council, This letter is to notify you of a violation of the Political Reform Act by Mayor Justin Massey at the 11.24.2020 Hermosa Beach City Council closed session meeting. At the meeting, the City Council voted to appeal the 10.30.2020 State Court ruling in Hermosa Fitness LLC v. City of Hermosa Beach, Case Number: 18STCP02840. Mayor Massey discussed, deliberated and voted on this decision in which he has a disqualifying conflict of interest. Over the more than two years of hearings and litigation, Mayor Massey has recused himself from participating in all public discussions, deliberations and hearings related to Hermosa Fitness, LLC. Mayor Massey’s recusal is required by the Political Reform Act due to his financial interest in real property within 500 feet of the real property interest held by Hermosa Fitness, LLC. The FPPC presumes a conflict of interest in such cases, and only allow for an elected official to participate if he provides “clear and convincing evidence that the decision would not have any measurable impact on his property” and a recommended advice letter from the FPPC. Given the fact that Mayor Massey recused himself for the two and a half year period before the meeting of 11.24.2020, he either was unable to provide such clear and convincing evidence to the FPPC or he agreed that there was a conflict and chose not to seek a FPPC determination. At the last City Council closed session meeting, Attorney Jenkins announced that Mayor Massey no longer has a conflict of interest related to Hermosa Fitness, LLC by virtue of proximity (500 feet) because the “gym” is no longer open. He noted that his conclusion was based on his “own research” and his “examination of FPPC opinions”. This sudden revelation comes over eighteen months and sixty City Council meetings since the City became aware of the “gym” being closed, yet the Mayor continued to recuse himself and the City Attorney never advised otherwise. Only now, a year and a half later, when a critical discussion and vote would be needed to appeal judgment in favor of Hermosa Fitness, LLC did the City Attorney provide this unusual advice and Mayor Massey chose to rely on in using his official position to influence this decision. The Political Reform Act Regulation 18702.2(a)11 states “the reasonably foreseeable financial effect of a governmental decision on a parcel of real property in which an official has a financial interest is material whenever the governmental decision would consider any decision affecting real property value located within 500 feet of the property line of the official's real property.” The regulation refers only to “real property” (not “businesses” or “gyms”) and Hermosa Fitness, LLC’s 75 continues to maintain a long-term interest in the real property at 725 Cypress. Mayor Massey’s participation in voting to appeal the State Courts decision to set aside Resolution 18-7141, which required significant building modifications and use restrictions for gyms at this location, if successful, will affect both the short and long term real property in which Hermosa Fitness, LLC has an interest. Unless Mayor Massey not longer has an interest in his property, he continues to have a conflict of interest in this respect. In addition to his violation of PRA regulation 18702.2(a)11, Mayor Massey has also inserted himself in a decision which will affect the financial interest of a person who has supported him. The very purpose of the Political Reform Act is to ensure officials perform their duties in an impartial manner, free from bias caused by their own financial interests or the financial interests of personal who have supported them. Stacey Armato actively and publicly supported Massey’s City Council campaigns in 2015 and 2019. This relationship and personal bias helps to explain why Councilmember Massey has only now decided to participate in meetings after an adverse ruling against both the City and Councilmember Armato that will expose both to significant liability. It seems the City Attorney and Mayor are willing to apply the Political Reform Act only when it is convenient or beneficial to the City’s position. Fortunately, the Political Reform Act applies regardless of what the City Attorney thinks and is not conditioned upon Mayor Massey’s apparent change-of-heart about participating in the case. Mayor Massey should have not participated in the deliberation or decision-making because the location of the properties has not changed since the litigation began. Given his prior recusals, now obvious violation of the Political Reform Act, and his relationship with Councilmember Armato make the appearance of a conflict of interest unavoidable. His participation in the case also potentially exposes him to liability. Mayor Massey should be prohibited from participating or using his position to influence any decision regarding Hermosa Fitness, LLC’s property and the balance of the eligible City Council members should re-hear this item for a fair and legitimate vote. Respectfully, Jed W. Sanford 76 77 78 79 December 7, 2020 Hermosa Beach City Council RE: Approval of Minutes of Closed Session 11.24.20 - Conflict of Interest Councilmember Armato Dear City Council, This letter is to notify you of Councilmember Stacey Armato continuing bias and disqualifying financial conflict of interest in participating in decisions related to Hermosa Fitness, LLC. She should cease participation in matters related to Hermosa Fitness, LLC and the City should re-vote on the closed session matters in which she illegally participated. As you know, on October 30, 2020 the Superior court granted Hermosa Fitness, LLC’s petition for writ of mandate and directed the City to set aside Resolution No. 18-7141. The court found an unacceptable probability that Councilmember Armato was biased against Hermosa Fitness, LLC. Specifically, the court found “communications, in conjunction with other concrete facts, show an unacceptable probability that, during the more than two years of City investigation prior to the abatement hearing, Armato became biased in favor of the complaining residents and against the Gym”. The judge also stated, “Armato should have recused herself” and instructed, “any further hearing should also be conducted in light of the fairness arguments discussed above.” Armato’s continued discussion, deliberation regarding Hermosa Fitness, LLC seems to be in direct violation of Judge Strobel’s order. Further, common law conflict of interest is premised on the basic presumption that a “public officer is impliedly bound to exercise the powers conferred on her with disinterested skill, zeal and diligence and primarily for the benefit of the public. Thus, a decision-maker should not be tempted by her own personal or pecuniary interest, and applies to situations involving a nonfinancial personal interest.” With the recent judgment finding Councilmember Armato had an unacceptable probability of bias against Hermosa Fitness, LLC, there is no doubt that she should not be deliberating, voting or otherwise using her influence regarding issues in this case. The Political Reform Act also prohibits a public servant from being involved in governmental decisions when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the public servant, or on a member of his or her immediate family. Financial effects on a public servant’s personal finances are deemed material if the public servant, or his or her family member, will receive a measureable financial benefit or loss from the decision. 80 In this case, Councilmember Armato was named individually and in her personal capacity in the federal litigation involving civil rights violations against Hermosa Fitness, LLC. Given the State Court’s ruling and the direct correlation of those issues to the pending federal case in which she is personally named, she has significant personal financial liability. There is no question she is participating and using her official position to influence a governmental decision that will likely have a substantial effect on her personal finances. Councilmember Armato is inextricably tied-up in both cases, judicially determined to be biased in one and financially liable in the other, and her further participation in either is therefore improper. Councilmember Armato must recuse herself from any future deliberation, vote, or attempts influence decisions related to Hermosa Fitness, LLC and her own personal finances. Any City Council votes taken with Councilmember Armato’s participation – including the closed-session votes on 11.24.2020 - are illegitimate and tainted by Armato’s participation. Issues involving the litigation against Hermosa Fitness, LLC must be decided without her involvement. Accordingly, we demand that any actions at the Council’s prior closed-session meeting related to Hermosa Fitness, LLC be immediately cured and corrected, and that Councilmember Armato be excluded from further participation in matters related to this litigation. Respectfully, Jed W. Sanford 81 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0767 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 8, 2020 CHECK REGISTERS (Finance Director Viki Copeland) Recommended Action: Staff recommends that the City Council ratify the following check registers. Attachments: 1.Check Register 11/19/2020 Respectfully Submitted by: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 3/27/2024Page 1 of 1 powered by Legistar™82 11/19/2020 Check Register CITY OF HERMOSA BEACH 1 5:24:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 96213 11/19/2020 ADAMI, CYROUS PO 35589 DISMISSED ADMIN CITATION 5481 REFUND22125 001-3305 100.00 Total : 100.0022125 96214 11/19/2020 AMGRAPH GROUP, INC 9603011 VETERAN'S DAY/FLAG INSTALL/REMOVE17965 001-1101-4319 2,814.00 Total : 2,814.0017965 96215 11/19/2020 AMUNDSEN, JACK PO 35593 CITES 34015373/34015319/35015937 REFUND22107 001-3302 134.00 Total : 134.0022107 96216 11/19/2020 AT&T 310 796-6526 991 3 PD COMPUTER CIRCUITS/NOV2000321 001-2101-4304 125.92 Total : 125.9200321 96217 11/19/2020 AT&T MOBILITY 2870161141723X111420 PW ADMIN/FANGARY/CELL PHONES/OCT2013361 001-1101-4304 59.09 001-4202-4304 173.49 PD/CSO/CELLS/TRUNK MODEMS/OCT20287298411168X1110202 001-2101-4304 477.39 001-3302-4304 169.20 EMERGENCY MANAGER CELL/OCT20287301168383X1110202 001-1201-4304 49.12 Total : 928.2913361 96218 11/19/2020 ATHENS SERVICES 9452684 PD SHREDDING/NOV2016660 001-2101-4309 45.00 PD SHREDDING/LATE FEE REFUND9452684 001-2101-4201 -9.00 001-2026 -9.00 001-2027 9.00 Total :36.0016660 96219 11/19/2020 BARNETT, JOHN PO 35594 VOIDED ADMIN CITATION 5683 REFUND22112 001-3305 100.00 Total : 100.0022112 96220 11/19/2020 BRAUN LINEN SERVICE 1641479 thru 1644850 PRISONER LAUNDRY/OCT2000163 2b 83 11/19/2020 Check Register CITY OF HERMOSA BEACH 2 5:24:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 96220 11/19/2020 (Continued)BRAUN LINEN SERVICE00163 001-2101-4306 179.66 Total : 179.6600163 96221 11/19/2020 CANON BUSINESS SOLUTIONS, INC 4033705484 PW ADMIN COPIER/MAY20-AUG20/BAL DUE10838 715-1208-4201 4.02 COPIER USAGE 7/10/20-10/9/204034476608 715-1208-4201 930.10 715-2101-4201 167.47 715-1201-4201 376.27 Total : 1,477.8610838 96222 11/19/2020 CDWG 1775574 MAT REQ 791258/PRINTER TONER09632 001-2101-4305 391.45 MAT REQ 649690/PRINTER TONER2472120 715-1206-4305 1,546.28 MAT REQ 649692/PRINTER TONER2493409 715-1206-4305 490.06 MAT REQ 649691/PRINTER TONER2534542 715-1206-4305 365.97 MAT REQ 791275/WIFI ADAPTER3993571 001-2101-4305 56.63 Total : 2,850.3909632 96223 11/19/2020 CONTINENTAL MAPPING SERVICE 110620 PUBLIC NOTICE SERVICE/NOV2020398 001-4101-4201 1,000.00 Total : 1,000.0020398 96224 11/19/2020 COUNTY OF LOS ANGELES C0009621 FIRE PROTECTION SERVICES/DEC2020781 001-2202-4251 458,519.00 180-2202-4251 3,589.00 001-2202-5601 30,306.00 001-2202-4111 10,630.00 Total : 503,044.0020781 96225 11/19/2020 DEPARTMENT OF JUSTICE 476446 MAT REQ 791411/FINGERPRINTING/OCT2000364 001-1203-4201 198.00 Total : 198.0000364 96226 11/19/2020 DEWEY PEST CONTROL Account 759408 PEST CONTROL/CITY BLDGS/NOV2011449 84 11/19/2020 Check Register CITY OF HERMOSA BEACH 3 5:24:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 96226 11/19/2020 (Continued)DEWEY PEST CONTROL11449 001-4204-4201 749.00 Total : 749.0011449 96227 11/19/2020 DEWEY PEST CONTROL Account 1233239 SEWER RAT ABATEMENT/NOV2011449 160-3102-4201 272.00 Total : 272.0011449 96228 11/19/2020 DOMINICK, HANNAH Receipt 2002572.003 CLASS 8990 REGISTRATION REFUND22133 001-2111 465.00 Total : 465.0022133 96229 11/19/2020 DURATRAC FLOORING PO 35596 60 BEACH TILES21740 301-8602-4201 7,317.88 Total : 7,317.8821740 96230 11/19/2020 FAMILY THEATRE INC PO 35611 INSTRUCTOR PMT/CLASSES 9072/98/910316932 001-4601-4221 2,782.50 INSTRUCTOR PAYMENT/CLASSES 9105/9099PO 35612 001-4601-4221 1,753.50 Total : 4,536.0016932 96231 11/19/2020 FEDERAL EXPRESS CORP 7-167-43029 REQ 479063/OVERNIGHT TO JONES HALL01962 001-1201-4305 45.81 Total : 45.8101962 96232 11/19/2020 FILE KEEPERS, LLC 03120-AMI0047-0004 LARGE FORMAT PLAN SCANNING/OCT2021096 001-4201-4201 1,811.62 Total : 1,811.6221096 96233 11/19/2020 FIRE INFORMATION SUPPORT SERV 1240 SUBPOENA RECORD PULL/1727 MONTEREY08422 001-1201-4201 75.00 Total : 75.0008422 96234 11/19/2020 FRONTIER 209-188-4669-0714985 LANDLINES/COMPUTER LINKS/NOV2019884 001-3302-4304 74.70 001-4204-4321 230.09 001-4202-4304 60.19 001-4201-4304 169.58 001-3304-4304 62.13 85 11/19/2020 Check Register CITY OF HERMOSA BEACH 4 5:24:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 96234 11/19/2020 (Continued)FRONTIER19884 001-1204-4304 58.04 001-2101-4304 717.09 PD COMPUTER CIRCUITS/NOV20209-190-0013-1206175 001-2101-4304 894.14 EOC ANALOG LINES/NOV20310-318-0113-1203155 715-1206-4304 1,218.59 CASHIER TAPS LINE/NOV20310-318-8751-0128095 001-1204-4304 56.79 JAIL BREATHALZYER/NOV20310-318-9210-0827185 001-2101-4304 69.83 CHAMBERS EOC ANALOG LINES/NOV20310-318-9800-1204155 715-1206-4304 1,458.32 PERSONNEL FAX LINE/NOV20310-372-6373-0311045 001-1203-4304 58.04 EOC CABLE & INTERNET/NOV20323-159-2268-0924145 001-1201-4304 291.20 Total : 5,418.7319884 96235 11/19/2020 GENERAL INDUSTRIAL SUPPLY 1182080-02 MAT REQ 791458/DRILL BATTERY15406 001-6101-4309 173.92 Total : 173.9215406 96236 11/19/2020 GENTRY GENERAL ENGINEERING 1336 EMERGENCY SEWER LATERAL REPAIRS21463 160-8421-4201 4,450.00 Total : 4,450.0021463 96237 11/19/2020 GERBER, PEARL PO 35599 DISMISSED ADMIN CITATION 6076 REFUND22127 001-3305 100.00 Total : 100.0022127 96238 11/19/2020 GERBER, ZANE PO 35600 DISMISSED ADMIN CITATION 5855 REFUND22126 001-3305 100.00 Total : 100.0022126 96239 11/19/2020 GOLDEN WEST COLLEGE RBC162-2 BLUMENFELD/SHOOTING RANGE TRAINING09058 001-2101-4317 250.00 Total : 250.0009058 96240 11/19/2020 GOVERNMENTJOBS.COM, INC.CM2254 DUPL BILL REF/INV-13871 & INV-1267320497 86 11/19/2020 Check Register CITY OF HERMOSA BEACH 5 5:24:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 96240 11/19/2020 (Continued)GOVERNMENTJOBS.COM, INC.20497 001-1203-4201 -1,575.00 JOB AD SERVICE SUBSCRIP/DEC20-DEC21INV-17126 001-1203-4201 6,809.25 Total : 5,234.2520497 96241 11/19/2020 GROH, MARK LEE HB-010 CITATION HEARING EXAMINER/NOV2021597 001-1204-4201 216.00 Total : 216.0021597 96242 11/19/2020 GUERRERO, ROBERT J.PO 35387 BACKGROUND INVESTIGATION/OCT20-NOV2020669 001-2101-4201 1,527.80 Total : 1,527.8020669 96243 11/19/2020 HDL COREN & CONE SIN04400 PROPERTY TAX AUDIT SERVICES/OCT20-DEC2003131 001-1202-4201 1,375.00 Total : 1,375.0003131 96244 11/19/2020 JENKS, JEFF Rcpts 2002581/2.003 TENNIS COURT RESERVATION REFUND22135 001-2111 32.00 Total : 32.0022135 96245 11/19/2020 JOHNSON, SUNDAY LOUVELLE PO 35602 REDUCED ADMIN CITATION 5883 REFUND22115 001-3305 75.00 Total : 75.0022115 96246 11/19/2020 MCCORMICK AMBULANCE 247561 AMBULANCE TRANSPORT SERVICES/OCT2020898 001-1201-4201 22,360.00 Total : 22,360.0020898 96247 11/19/2020 MCGOVERN, AMBER Receipt 2002575.003 CLASS 9075 DUPLICATE REGISTRATION REFUND22029 001-2111 154.00 Total : 154.0022029 96248 11/19/2020 MERCHANTS LANDSCAPE SERVICES 56934 PIER AVE TREE GRATE LEVELING18071 001-6101-4201 1,750.00 CITYWIDE PARK LANDSCAPING/OCT2056949 001-6101-4201 21,200.00 CITYWIDE MEDIAN LANDSCAPING/OCT2056950 105-2601-4201 3,600.00 87 11/19/2020 Check Register CITY OF HERMOSA BEACH 6 5:24:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 26,550.00 96248 11/19/2020 MERCHANTS LANDSCAPE SERVICES18071 96249 11/19/2020 OFFICE DEPOT 132253605001 PW ADMIN/OFFICE SUPPLIES13114 001-4202-4305 78.41 Total : 78.4113114 96250 11/19/2020 PARKS COFFEE CALIFORNIA, INC.70043253 PD COFFEE SERVICE/OCT2022071 001-2101-4305 74.65 001-2101-4306 74.66 Total : 149.3122071 96251 11/19/2020 PH&S PRODUCTS LLC 0013608-IN 3 CASES OF NITRILE EXAM GLOVES17130 001-2101-4306 405.60 Total : 405.6017130 96252 11/19/2020 PLUMBERS DEPOT INC PD-46324 SEWER SNAKE FOR CITY BLDGS15103 160-3102-4201 2,950.00 160-3102-4201 280.25 Total : 3,230.2515103 96253 11/19/2020 PROSUM TECHNOLOGY SERVICES SIN026804A NETWORK UPGRADE HARDWARE11539 715-1206-5405 20,714.96 715-1206-5405 2,536.13 FIREWALL UPGRADE PROJECT LABORSIN028938 715-1206-5405 6,000.00 Total : 29,251.0911539 96254 11/19/2020 SHERWIN-WILLIAMS 55870 & 48611 PAINTING SUPPLIES/OCT2017903 001-3104-4309 764.42 Total : 764.4217903 96255 11/19/2020 SOCAL GAS Acct 011 004 5767 8 YARD BLDGS/NATURAL GAS/OCT2000170 001-4204-4303 21.71 YARD CNG STATION/VEHICLE FUEL/OCT20Acct 170-781-32879 715-6101-4310 48.16 715-4204-4310 48.16 715-3104-4310 48.17 Total : 166.2000170 96256 11/19/2020 SOTHERAN, SARAH Receipt 2002571.003 CLASS 9093 REGISTRATION REFUND22134 88 11/19/2020 Check Register CITY OF HERMOSA BEACH 7 5:24:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 96256 11/19/2020 (Continued)SOTHERAN, SARAH22134 001-2111 60.00 Total : 60.0022134 96257 11/19/2020 SOUTH BAY FORD 302297 & 302983 VEHICLE REPAIR/MAINT PARTS/OCT2010532 715-2101-4311 96.92 715-4601-4311 49.03 Total : 145.9510532 96258 11/19/2020 SOUTH BAY SHELL AND CAR WASH Mat Req 791264 CAR WASHES/JUL20-SEP2018595 715-2101-4311 396.00 715-3302-4311 84.00 Total : 480.0018595 96259 11/19/2020 SOUTHERN CALIFORNIA AUDIO 10656 REQ 791177/WINDOW TINT/K9 VEHICLE18178 715-2101-5403 261.15 Total : 261.1518178 96260 11/19/2020 SOUTHERN CALIFORNIA EDISON CO 2-00-989-7315 ELECTRICITY/OCT2000159 001-3104-4303 540.64 105-2601-4303 2,912.86 001-4204-4303 1,568.47 ELECTRICITY/OCT202-01-414-3994 160-3102-4201 55.83 ELECTRICITY/OCT202-09-076-5850 105-2601-4303 126.34 ELECTRICITY/OCT202-19-024-1604 001-4204-4303 586.94 ELECTRICITY/OCT202-20-128-4825 001-3304-4303 1,757.95 ELECTRICITY/OCT202-20-984-6369 105-2601-4303 57.39 Total : 7,606.4200159 96261 11/19/2020 SRK PROMOTIONAL ADVERTISING 4496 CUSTOM PARKING METER PAPER ROLLS15398 001-3302-4309 445.00 001-3302-4309 38.00 Total : 483.0015398 96262 11/19/2020 STAPLES ADVANTAGE 8056882284 REQ 773789/OFFICE SUPPLIES/REFUND09532 89 11/19/2020 Check Register CITY OF HERMOSA BEACH 8 5:24:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 96262 11/19/2020 (Continued)STAPLES ADVANTAGE09532 001-1202-4305 -40.50 REQ 874188/COIN COUNTER/REFUND8059424269 001-2101-4309 -87.48 MAT REQ 791262/OFFICE SUPPLIES/RECORDS8060033312 001-2101-4305 79.57 MAT REQ 791262/OFFICE SUPPLIES/RECORDS8060102459 001-2101-4305 13.68 MAT REQ 791056/OFFICE SUPPLIES8060344250 001-1202-4305 7.98 001-1208-4305 83.13 Total : 56.3809532 96263 11/19/2020 UNDERGROUND SERVICE ALERT 1020200316 DIG ALERTS/OCT2008207 161-3109-4201 132.10 DIG ALERTS/STATE FEES/OCT20dsb20195932 161-3109-4201 42.66 Total : 174.7608207 96264 11/19/2020 VERIZON BUSINESS SERVICES 71436445 VOIP PHONES/CREDIT FOR OVERPAYMENT18666 001-1101-4304 -4.32 001-1121-4304 -6.81 001-1132-4304 -2.04 001-1141-4304 -4.08 001-1201-4304 -16.73 001-1202-4304 -10.20 001-1203-4304 -8.16 001-1204-4304 -12.24 001-1208-4304 -0.76 001-2101-4304 -91.71 001-4101-4304 -14.98 001-4201-4304 -16.44 001-4202-4304 -20.40 001-4204-4321 -2.04 160-3102-4201 -2.04 715-1206-4304 -2.05 VOIP PHONES/BASE 3/SEP2071631769 001-3302-4304 108.58 VOIP PHONES/YARD/SEP2071631775 90 11/19/2020 Check Register CITY OF HERMOSA BEACH 9 5:24:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 96264 11/19/2020 (Continued)VERIZON BUSINESS SERVICES18666 001-4202-4304 144.79 VOIP PHONES/BARD/SEP2071631865 001-3302-4304 69.74 VOIP PHONES/CITY HALL/PD/SEP2071631874 001-1101-4304 38.32 001-1121-4304 60.47 001-1132-4304 18.13 001-1141-4304 36.22 001-1201-4304 148.41 001-1202-4304 90.49 001-1203-4304 72.40 001-1204-4304 108.59 001-1208-4304 6.75 001-2101-4304 813.81 001-4101-4304 132.95 001-4201-4304 145.90 001-4202-4304 181.03 001-4204-4321 18.11 160-3102-4201 18.10 715-1206-4304 18.11 Total : 2,015.9018666 96265 11/19/2020 VILLANUEVA, BRANDY PO 35607 REIMB/ALTERNATE EOC KIT SUPPLIES20204 001-1201-5401 199.85 REIMB/5 COMMUNICATION SUPPLY BOXESPO 35623 001-1201-5401 476.53 Total : 676.3820204 Bank total : 642,282.35 53 Vouchers for bank code :boa 642,282.35Total vouchers :Vouchers in this report 53 91 11/19/2020 Check Register CITY OF HERMOSA BEACH 10 5:24:25PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 10 inclusive, of the check register for 11/19/2020 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 11/25/2020 92 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0785 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 8, 2020 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF NOVEMBER 5, 2020. Recommended Action: Staff recommends that the City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of November 5, 2020. Attachments: Minutes of November 5, 2020 Approved: Kelly Orta, Community Resources Manager City of Hermosa Beach Printed on 3/27/2024Page 1 of 1 powered by Legistar™93 MINUTES REGULAR MEETING of the PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION November 5, 2020 – Council Chambers, City Hall 1315 Valley Drive – 7:00 P.M. Parks, Recreation and Community Resources Advisory Commission Lauren Pizer Mains, Chairperson Barbara Ellman, Vice Chairperson Jani Lange Jessica Guheen Traci Horowitz ************************************************************************************************************************ THIS MEETING IS HELD PURSUANT TO EXECUTIVE ORDER N-29-20 ISSUED BY GOVERNOR GAVIN NEWSOM ON MARCH 17, 2020. ANY OR ALL COMMISSIONERS MAY ATTEND AND PARTICIPATE BY TELECONFERENCE/VIRTUAL MEETING. MEMBERS OF THE PUBLIC MAY PARTICIPATE BY TELECONFERENCE. ************************************************************************************************************************ Parks, Recreation and Community Resources Advisory Commission agendas and staff reports are available for review on the City’s web site at www.hermosabch.org Written materials distributed to the Parks, Recreation and Community Resources Advisory Commission within 72 hours of the meeting are available for public inspection immediately upon distribution in the Community Resources Department during normal business hours from Monday through Thursday, 7:00 a.m. - 6:00 p.m. 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Present: Commissioners Pizer Mains, Ellman, Lange, Guheen and Horowitz. Senior Recreation Supervisor Lisa Nichols, and Community Resources Manager Kelly Orta 4. Announcements 5. Presentations A. None 6. Miscellaneous Items and Reports – Community Resources Manager A. Updates Regarding Items Previously on the Commission’s Agenda B. 2020 Special Event Calendar C. COVID-19 Updates D. Clark Facility Renovation – Community Forum E. Veterans Day 2020 Celebrations Motion by Commissioner Ellman to allow Item C. to switch places on the agenda with Item. B. Commissioner Guheen seconded the motion. Motion passed with a 5-0 vote. 94 7. Public Comment Anyone wishing to address the Commission on items pertaining to parks and recreation that are not listed on the agenda may do so at this time. The Brown Act generally prohibits the Commission from taking action on any matter not listed on the posted agenda. Comments from the public are limited to three minutes per speaker. Coming forward to address the Commission at 7:49pm (00:49:50): Laura Leventhal, Friends of the Parks President 8. Correspondence A. Letter from Tony Higgins (dated October 14, 2020) 9. Consent Calendar A. Approval of the Regular Meeting Action Minutes of October 6, 2020 Motion by Commissioner Ellman to approve Item A on the Consent Calendar. Commissioner Lange seconded the motion. Motion passed with a 5-0 vote. 10. Items Removed from the Consent Calendar for Separate Discussion None. 11. Public Hearings A. None 12. Matters for Commission Consideration A. Recommendation to City Council to Approve the Commencement of Long-term Agreement Negotiations with Friends of the Parks for its Annual Events Including: “Pets in the Park” Held at Valley Park; “Pumpkins in the Park” Held at Edith Rodaway Friendship Park; and “Movies at the Beach” Held South of the Pier Recommendation: Staff recommends that the Parks, Recreation and Community Resource’s Advisory Commission recommend to City C ouncil the commencement of negotiations for long-term agreements with Friends of the Parks for the following annual events: • “Pets in the Park” held at Valley Park; • “Pumpkins in the Park” held at Edith Rodaway Friendship Park; and • “Movies at the Beach” held on the south side of the Pier. Motion by Commissioner Horowitz to approve the commencement of Long-term Agreement negotiations with Friends of the Parks for its annual events including: “Pets in the Park” held at Valley Park; “Pumpkins in the Park” held at Edith Rodaway Friendship Park; and “Movies at the Beach” held south of the Pier. Commissioner Lange seconded the motion. Motion passed with a 5-0 vote. 13. Commissioner’s Reports A. Sub-committees i. Special Event (Lange and Ellman) ii. Community Theatre (Lange and Pizer Mains) iii. Municipal Leases (Pizer Mains and Horowitz) iv. Community Resources Department Use Policies (Ellman and Guheen) v. Clark Building Improvements (Ellman and Pizer Mains) vi. Naming Policy (Horowitz and Guheen) B. Commission Liaison Roles i. Surfers Walk of Fame (Lange) ii. South Park (Guheen) iii. Access Hermosa (Ellman) – on hold 14. Items Requested by Commissioners 95 A. None 15. Other Matters 16. Adjournment Commissioner Pizer-Mains adjourned the meeting at 8:16pm (1:16:52). 96 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0772 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 8, 2020 LOS ANGELES COUNTY FIRE SERVICES AND AMBULANCE MONTHLY REPORT FOR OCTOBER 2020 (Emergency Management Coordinator Brandy Villanueva) Recommended Action: Staff recommends that the City Council receive and file the October 2020 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 and McCormick Ambulance information and continues to be uploaded to the website.The following report provides details for the services provided for the month of October 2020. Background: At the February 11,2020 Council meeting,City Council requested to have the monthly reports placed onto the City Council agenda under the consent calendar.On the July 14,2020 Council agenda,the monthly reports for February through May 2020 were provided and accompanied by a detailed staff report explaining the change.This report reflects the services for September 2020.At the February 11,2020 Council meeting,City Council requested to have the monthly reports placed onto the City Council agenda under the consent calendar.On the July 14,2020 Council agenda,the monthly reports for February through May 2020 were provided and accompanied by a detailed staff report explaining the change. This report reflects the services for October 2020. Discussion: The October 2020 monthly report provides an overview of services provided by LACoFD and McCormick Ambulance (Attachment 1: October 2020 LACoFD and McCormick Ambulance Monthly Report). General Plan Consistency: City of Hermosa Beach Printed on 3/27/2024Page 1 of 2 powered by Legistar™97 Staff Report REPORT 20-0772 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. Policies: ·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.LACoFD and McCormick Ambulance Monthly Report-October 2020 Respectfully Submitted by: Brandy Villanueva, Emergency Management Coordinator Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 3/27/2024Page 2 of 2 powered by Legistar™98 E100 S100 Total FIRE, EXPLOSION 130 ‐ Mobile property (vehicle) fire, other 2 2 4 1.80% 151 ‐ Outside rubbish, trash or waste fire 1 1 2 0.90% FIRE, EXPLOSION Total 3 3 6 2.70% RESCUE, EMS 300 ‐ Rescue, EMS incident, other 4 3 7 3.15% 311 ‐ Medical assist, assist EMS crew 1 1 2 0.90% 320 ‐ Emergency medical service, other 2 2 4 1.80% 321 ‐ EMS call, excluding vehicle accident with injury 64 56 120 54.05% RESCUE, EMS Total 71 62 133 59.90% HAZARDOUS CONDITION 440 ‐ Electrical wiring/equipment problem, other 1 1 0.45% HAZARDOUS CONDITION Total 1 1 0.45% SERVICE CALL 520 ‐ Water problem, other 1 1 0.45% 521 ‐ Water evacuation 1 1 0.45% 522 ‐ Water or steam leak 2 2 0.90% 552 ‐ Police matter 1 1 0.45% 553 ‐ Public service 3 3 1.35% 554 ‐ Assist invalid 1 1 0.45% SERVICE CALL Total 9 9 4.05% SPECIAL OR OTHER INCIDENT TYPE 911 ‐ Citizen complaint 1 1 0.45% SPECIAL OR OTHER INCIDENT TYPE Total 1 1 0.45% GOOD INTENT CALL 600 ‐ Good intent call, other 36 12 48 21.62% 611 ‐ Dispatched and cancelled en route 12 7 19 8.56% GOOD INTENT CALL Total 48 19 67 30.18% FALSE ALARM, FALSE CALL 730 ‐ System malfunction, other 1 1 0.45% 735 ‐ Alarm system sounded due to malfunction 2 2 0.90% 736 ‐ CO detector activation due to malfunction 1 1 0.45% 740 ‐ Unintentional transmission of alarm, other 1 1 0.45% FALSE ALARM, FALSE CALL Total 5 5 2.25% Grand Total 138 84 222 100.00% Note: Data based on fireview report. Hermosa Beach units respponses. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF OCTOBER 2020 Incident Type UNIT RESPONSES Percentage Submitted by Brandy Villanueva, Emergency Management Coordinator 1 99 DAY OF THE WEEK E100 S100 Total Sunday 28 14 42 Monday 11 5 16 Tuesday 15 11 26 Wednesday 18 9 27 Thursday 24 16 40 Friday 23 16 39 Saturday 19 13 32 Grand Total 138 84 222 Note: Data based on fireview report. Hermosa Beach units responses. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF OCTOBER 2020 UNIT RESPONSES ‐ 5 10 15 20 25 30 E100 S100 Submitted by Brandy Villanueva, Emergency Management Coordinator 2 100 TIME OF THE DAY E100 S100 Total 00:00:00 TO 00:59:59 7 5 12 01:00:00 TO 01:59:59 7 5 12 02:00:00 TO 02:59:59 4 2 6 03:00:00 TO 03:59:59 3 2 5 04:00:00 TO 04:59:59 ‐ ‐ ‐ 05:00:00 TO 05:59:59 ‐ ‐ ‐ 06:00:00 TO 06:59:59 3 1 4 07:00:00 TO 07:59:59 4 1 5 08:00:00 TO 08:59:59 8 4 12 09:00:00 TO 09:59:59 7 6 13 10:00:00 TO 10:59:59 8 6 14 11:00:00 TO 11:59:59 10 8 18 12:00:00 TO 12:59:59 7 5 12 13:00:00 TO 13:59:59 9 5 14 14:00:00 TO 14:59:59 5 3 8 15:00:00 TO 15:59:59 8 6 14 16:00:00 TO 16:59:59 6 4 10 17:00:00 TO 17:59:59 7 3 10 18:00:00 TO 18:59:59 3 3 19:00:00 TO 19:59:59 7 4 11 20:00:00 TO 20:59:59 9 5 14 21:00:00 TO 21:59:59 7 5 12 22:00:00 TO 22:59:59 6 2 8 23:00:00 TO 23:59:59 3 2 5 Grand Total 138 84 222 Note: Data based on fireview report. Hermosa Beach units responses. LOS ANGELES COUNTY FIRE DEPARTMENT HERMOSA BEACH FOR THE MONTH OF OCTOBER 2020 UNIT RESPONSES ‐ 2 4 6 8 10 12 00:00:00 TO 00:59:5901:00:00 TO 01:59:5902:00:00 TO 02:59:5903:00:00 TO 03:59:5904:00:00 TO 04:59:5905:00:00 TO 05:59:5906:00:00 TO 06:59:5907:00:00 TO 07:59:5908:00:00 TO 08:59:5909:00:00 TO 09:59:5910:00:00 TO 10:59:5911:00:00 TO 11:59:5912:00:00 TO 12:59:5913:00:00 TO 13:59:5914:00:00 TO 14:59:5915:00:00 TO 15:59:5916:00:00 TO 16:59:5917:00:00 TO 17:59:5918:00:00 TO 18:59:5919:00:00 TO 19:59:5920:00:00 TO 20:59:5921:00:00 TO 21:59:5922:00:00 TO 22:59:5923:00:00 TO 23:59:59E100 S100 Submitted by Brandy Villanueva, Emergency Management Coordinator 3 101 Ad Hoc Report: Name:Hermosa Call Answer Time Date:11/1/2020 Description:Oct-20 Los Angeles County Fire Seizure Date Seizure Time ALI City Answer Secs CallTypeId ALI Class 10/2/2020 09:05:47 HERMOSA BEACH 2 911 Calls WPH2 10/2/2020 21:33:41 HERM BCH 25 911 Calls WPH2 10/3/2020 10:08:04 HMB 2 911 Calls WPH2 10/3/2020 11:31:20 HMB 17 911 Calls WPH2 10/3/2020 11:34:17 HERM BCH 2 911 Calls WPH2 10/3/2020 22:45:40 HERM BCH 2 911 Calls WPH2 10/4/2020 15:31:43 HERM BCH 2 911 Calls WPH2 10/4/2020 20:27:33 HERM BCH 31 911 Calls WPH2 10/4/2020 23:59:33 HERM BCH 2 911 Calls WPH2 10/5/2020 12:08:52 HERM BCH 2 911 Calls WPH2 10/5/2020 19:55:49 HERM BCH 2 911 Calls WPH2 10/6/2020 10:46:56 HERM BCH 2 911 Calls WPH2 10/6/2020 10:47:00 HERM BCH 4 911 Calls WPH2 10/6/2020 10:47:07 HMB 2 911 Calls WPH2 10/6/2020 11:44:58 HERM BCH 149 911 Calls WPH2 10/6/2020 13:35:41 HERMOSA BEACH 94 911 Calls VOIP 10/6/2020 18:07:38 HERM BCH 5 911 Calls WPH2 10/7/2020 07:24:13 HERMOSA BEACH 3 911 Calls WPH2 10/7/2020 12:14:29 HMB 2 911 Calls WPH2 10/7/2020 15:44:38 HERMOSA BEACH 2 911 Calls RESD 10/7/2020 18:08:16 HERM BCH 19 911 Calls WPH2 10/8/2020 09:30:06 HERMOSA BEACH 3 911 Calls RESD 10/8/2020 10:41:52 HERMOSA BEACH 2 911 Calls BUSN 10/8/2020 22:24:18 HMB 22 911 Calls WPH2 10/9/2020 13:15:38 HERM BCH 2 911 Calls WPH2 10/10/2020 16:13:42 HERM BCH 2 911 Calls WPH2 10/11/2020 00:14:46 HERM BCH 2 911 Calls WPH2 10/11/2020 09:07:25 HERMOSA BEACH 2 911 Calls BUSN 10/11/2020 10:08:59 HERMOSA BEACH 2 911 Calls RESD 10/12/2020 21:22:46 HERM BCH 2 911 Calls WPH2 10/14/2020 08:24:56 HERM BCH 2 911 Calls WPH2 10/15/2020 07:35:40 HERM BCH 2 911 Calls WPH2 10/15/2020 10:50:19 HERM BCH 2 911 Calls WPH2 10/15/2020 14:37:45 HMB 2 911 Calls WPH2 10/15/2020 15:07:35 HMB 75 911 Calls WPH2 10/16/2020 13:03:44 HERMOSA BEACH 2 911 Calls RESD 10/18/2020 06:32:35 HERM BCH 2 911 Calls WPH2 10/18/2020 09:17:10 HERMOSA BEACH 2 911 Calls RESD 10/18/2020 09:35:26 HERMOSA BEACH 2 911 Calls W911 10/18/2020 21:36:57 HERM BCH 7 911 Calls WPH2 10/23/2020 15:20:19 HERM BCH 2 911 Calls WPH2 10/23/2020 19:50:45 HERM BCH 2 911 Calls WPH2 10/23/2020 19:52:53 HERMOSA BEACH 4 911 Calls RESD 10/23/2020 19:56:00 HERMOSA BEACH 32 911 Calls RESD 10/23/2020 22:50:35 HMB 32 911 Calls WPH2 10/24/2020 00:47:22 HMB 3 911 Calls WPH2 10/25/2020 09:02:01 HMB 2 911 Calls WPH2 Submitted by Brandy Villanueva, Emergency Management Coordinator 4 102 10/25/2020 11:53:51 HMB 2 911 Calls WPH2 10/26/2020 13:17:02 HERM BCH 3 911 Calls WPH2 10/27/2020 13:26:46 HMB 2 911 Calls WPH2 10/28/2020 11:23:11 HERM BCH 3 911 Calls WPH2 10/28/2020 21:29:40 HMB 2 911 Calls WPH2 10/28/2020 22:10:24 HERM BCH 2 911 Calls W911 10/29/2020 02:54:21 HERMOSA BEACH 2 911 Calls RESD 10/29/2020 02:54:40 HERMOSA BEACH 2 911 Calls RESD 10/29/2020 20:43:55 HERMOSA BEACH 2 911 Calls WPH2 10/30/2020 15:29:46 HERMOSA BEACH 2 911 Calls RESD 10/31/2020 06:46:07 HMB 2 911 Calls WPH2 10/31/2020 08:11:34 HERM BCH 2 911 Calls WPH2 Average Answer Time (Seconds)10 Submitted by Brandy Villanueva, Emergency Management Coordinator 5 103 McCormick Ambulance October 2020 Total Number of Dispatched Calls Dispatched Calls Totals Transported 52 Cancelled 41 Grand Total 93 NOTE: None 52, 56% 41, 44% Total Dispatched Calls Transported Cancelled Submitted by Brandy Villanueva, Emergency Management Coordinator 6 104 Calls per the day of the week Day of the Week Completed Cancelled Total Sunday 11 7 18 Monday 3 2 5 Tuesday 5 6 11 Wednesday 8 6 14 Thursday 12 7 19 Friday 5 9 14 Saturday 8 4 12 Grand Total 52 41 93 0 2 4 6 8 10 12 14 Completed Canceled Submitted by Brandy Villanueva, Emergency Management Coordinator 7 105 Response by the Time of Day Time of Day Total Response 00:00:00 TO 00:59:59 5 01:00:00 TO 01:59:59 6 02:00:00 TO 02:59:59 2 03:00:00 TO 03:59:59 2 04:00:00 TO 04:59:59 0 05:00:00 TO 05:59:59 0 06:00:00 TO 06:59:59 1 07:00:00 TO 07:59:59 2 08:00:00 TO 08:59:59 6 09:00:00 TO 09:59:59 7 10:00:00 TO 10:59:59 7 11:00:00 TO 11:59:59 6 12:00:00 TO 12:59:59 7 13:00:00 TO 13:59:59 6 14:00:00 TO 14:59:59 3 15:00:00 TO 15:59:59 6 16:00:00 TO 16:59:59 4 17:00:00 TO 17:59:59 4 18:00:00 TO 18:59:59 2 19:00:00 TO 19:59:59 3 20:00:00 TO 20:59:59 5 21:00:00 TO 21:59:59 6 22:00:00 TO 22:59:59 1 23:00:00 TO 23:59:59 2 Grand Total 93 0 1 2 3 4 5 6 7 8 00:00:00 TO 00:59:5901:00:00 TO 01:59:5902:00:00 TO 02:59:5903:00:00 TO 03:59:5904:00:00 TO 04:59:5905:00:00 TO 05:59:5906:00:00 TO 06:59:5907:00:00 TO 07:59:5908:00:00 TO 08:59:5909:00:00 TO 09:59:5910:00:00 TO 10:59:5911:00:00 TO 11:59:5912:00:00 TO 12:59:5913:00:00 TO 13:59:5914:00:00 TO 14:59:5915:00:00 TO 15:59:5916:00:00 TO 16:59:5917:00:00 TO 17:59:5918:00:00 TO 18:59:5919:00:00 TO 19:59:5920:00:00 TO 20:59:5921:00:00 TO 21:59:5922:00:00 TO 22:59:5923:00:00 TO 23:59:59Time of Day Responses Submitted by Brandy Villanueva, Emergency Management Coordinator 8 106 Response Times Within Allowable Time Delayed Response Cancelled Total Code 3: Response Time of 8:59 or less 11 0 0 11 Code 2: Response Time of 15:00 or less 41 0 0 41 Cancelled Responses 0 0 41 41 Grand Total 52 0 41 93 Submitted by Brandy Villanueva, Emergency Management Coordinator 9 107 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0771 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 8, 2020 APPROVAL OF A FIRST AMENDMENT TO THE SPYDER SURFBOARD’S ANNUAL “SURF FEST” SPECIAL EVENT AGREEMENT (Community Resources Manager Kelly Orta) Recommended Action: Staff recommends that the City Council approve the proposed first amendment to the Spyder Surfboard’s annual “Spyder Surf Fest”special event agreement to extend it by one year,expiring in April 2023, due to the event cancelation in 2020 as a result of COVID-19 precautionary measures. Executive Summary: At its regular meeting on January 14,2020,the City Council approved a three-year agreement with Spyder Surfboards to produce its annual “Surf Fest”event.This event includes action sports vendor tents along Pier Plaza providing giveaways to the community as well as live performances by local bands.Due to the outbreak of the coronavirus (COVID-19)and its designation as a global pandemic, the “Surf Fest”event,scheduled for April 25,2020,was canceled.Due to the cancellation of large gatherings and events in 2020,the Commission recommended a one-year extension to the Special Event Long-term Agreement Policy (Attachment 1),thus having the Commission review the policy in 2022 instead of in 2021.The three-year policy pilot program would be completed in 2023,at which time the Commission would recommend its permanent implementation or modifications.The City Council approved the Commission’s recommendation at its October 27,2020 regular meeting.The proposed first amendment to the Spyder Surfboards special event agreement provides this one-year extension and would expire in April 2023. Background: At its regular meeting on January 14,2020,the City Council approved a three-year agreement with Spyder Surfboards to produce its annual “Surf Fest”event on Pier Plaza.The event,which immediately follows the City’s annual “Surfers Walk of Fame Induction Ceremony,”has been produced by Spyder Surfboards for a number of years as a celebration of the rich history of surfing in Hermosa Beach,and to extend the celebration for each year’s inductees,their families,and the community.It includes action sports vendor tents providing giveaways to the community as well as live performances by local bands.Due to the outbreak of the coronavirus (COVID-19)and its designation as a global pandemic in March 2020,the “Surf Fest”event,scheduled for April 25,2020, City of Hermosa Beach Printed on 3/27/2024Page 1 of 3 powered by Legistar™108 Staff Report REPORT 20-0771 designation as a global pandemic in March 2020,the “Surf Fest”event,scheduled for April 25,2020, was canceled. Considering the comprehensive cancellation of large gatherings and events in 2020,the Commission made a recommendation at its August 4 meeting to extend the special event long-term agreement policy pilot program by one year,thus having the Commission review the policy in 2022,instead of in 2021.The three-year policy pilot program would be completed in 2023,at which time the Commission would recommend its permanent implementation or modifications.The City Council approved the Commission’s recommendation at its October 27, 2020 regular meeting. Discussion: Included as Attachment 2 is the special event agreement with Spyder Surfboards for its annual “Spyder Surf Fest”event.Consistent with the City Council’s recent action,included as Attachment 3 is a proposed first amendment to the agreement with Spyder Surfboards to extend its special event agreement by one year, expiring in April 2023. General Plan Consistency: PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.The “Spyder Surf Fest” supports several PLAN Hermosa goals and policies that are listed below. Governance Element Goal 1. A high degree of transparency and integrity in the decision-making process. Policies: ·1.6 Long-term considerations.Prioritize decisions that provide long-term community benefit and discourage decisions that provide short-term community benefit but reduce long-term opportunities. Parks and Open Space Element Goal 3. Community parks and facilities encourage social activity and interaction. Policies: ·3.1 Community-friendly events.Encourage,permit,and support community group, nonprofit,or business organized events on City property that support physical activity, beach culture, and family-friendly social interactions. ·3.2 Social and cultural events.Design and program parks and open space to accommodate unique social and cultural events to foster connectedness and interaction. ·3.3 Commercial use of facilities.Regulate and enforce commercial use of City parks and open spaces to ensure activities do not impact general use and enjoyment. City of Hermosa Beach Printed on 3/27/2024Page 2 of 3 powered by Legistar™109 Staff Report REPORT 20-0771 Fiscal Impact: As noted in the Agreement (Attachment 2),estimated annual event fees would total $713 based on the December 1,2020 Master Fee Schedule,plus necessary costs for inspections.Therefore,these fees would be extended by one year and included in the Fiscal Year 2022-23 budget as special event revenue. Attachments: 1.Special Event Long-term Agreement Policy 2.Agreement with Spyder Surfboards 3.Proposed First Amendment with Spyder Surfboards Respectfully Submitted by: Kelly Orta, Community Resources Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 3/27/2024Page 3 of 3 powered by Legistar™110 Special Event Long-term Agreement The City of Hermosa Beach recognizes the value in hosting a variety of beloved community events that help create a balanced and enjoyable events calendar for its residents. To support and develop a long- term approach to the scheduling of events, eligible events can qualify for a long-term agreement (LTA) with the City. ELIGIBILITY In order for an organization to be eligible for consideration of a long-term agreement, its event(s) must satisfactorily meet at least three of the following: □ The event(s) must qualify as an Impact Level II or III (per the Impact Worksheet), and at least one of the following: o Have a combined estimated total of 5,000 people in attendance; or o The event must be at least two (2) consecutive days (including setup and teardown). □ Have held its event in Hermosa Beach for at least three consecutive years and can demonstrate a positive and differentiated impact to the city including substantive and measurable economic and community benefits; □ The event must be produced by an organization that serves, involves, and/or promotes Hermosa Beach’s coastal lifestyle, its residents, schools, and/or businesses; and □ The organization or event producer must be able to demonstrate how its programs (outside of those provided at the event) provide a positive impact to the City including enhancements to quality of life to the Hermosa Beach community; or the offering of recreational, cultural, social, and/or educational activities of interest to the community. Upon request of an organization whose event does not satisfy one or more of the above eligibility criteria, the City Council may at a regular Council meeting authorize such organization to apply for an LTA where its event provides a demonstrable or differentiated benefit to the community or a service that the City would otherwise be unable to provide. TERM LIMITS LTA’s shall be for no less than two (2) years but shall not exceed a maximum of three (3) years unless otherwise determined by the City Council. PROCEDURES The following steps are required to guide the development and implementation of an LTA: 1. Submittal of an LTA Application and corresponding letter to the Community Resources Department explaining the organization’s qualifications (as outlined above). 2. Review and recommendation for City Council approval by the Parks, Recreation and Community Resources Advisory Commission (Commission). 3. Review and approval by the City Council to begin LTA negotiations with Staff. 4. LTA negotiations and development. 5. Presentation of the final LTA to the City Council for approval. 111 AGREEMENT OBLIGATIONS Organizations whose event(s) are approved through an LTA are required to provide a formal presentation to the Commission at one of its regular monthly meetings no more than 60-days prior AND 60-days following its event(s). The pre-event presentation shall include a general event overview including anticipated number of attendees; an overview of the event footprint and individualized setup; and its anticipated impact(s) to the community, etc. The post-event presentation shall include a general overview including the actual number of attendees; actual impact(s) to the community; and any event struggles and successes, etc. 112 Surf Fest Agreement 2020 - 2022 1 AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND SPYDER SURFBOARDS TO PROVIDE SPYDER SURF FEST THIS AGREEMENT is made this ________ day of _________________, 2020, by and between the City of Hermosa Beach (hereinafter called “CITY”), and Spyder Surfboards (hereinafter called “SPYDER”). RECITALS A. SPYDER desires to organize, coordinate, produce and oversee the annual Spyder Surf Fest (“Event”) in the City on City-owned property for the term of this Agreement. B. The CITY desires to extend its celebration of the annual Surfers Walk of Fame Induction Ceremony with the Spyder Surf Fest immediately following the induction ceremony. C. The CITY is willing to make its property available for the Event due to the benefit it provides to the community. NOW, THEREFORE, the parties agree as follows: Section 1. Term of Agreement. The term of this Agreement shall be for three years commencing on April 25, 2020 and terminating April 24, 2022, unless earlier terminated as provided herein. Section 2. SPYDER’s Duties: a. Event. SPYDER may organize, coordinate, produce and oversee the Event on Pier Plaza and in parking Lot B immediately following the CITY annual Surfer’s Walk of Fame Induction Ceremony. The event must remain open to the public. Event days included as part of this Agreement shall be: April 25, 2020; April 24, 2021; and April 23, 2022. SPYDER must annually inform the CITY of its intent to produce the Event, including confirmation of event dates and event times, no later than six months prior to the event dates. Should Spyder desire to reschedule an event date(s) from the dates outlined in this Agreement, it must do so in writing no later than six months prior to the requested event date(s). CITY will review the request against other activities and events booked on Pier Plaza. While approval of a date change will not be unreasonably withheld, already scheduled activities or events will have priority. Use of additional location(s) in proximity of Pier Plaza may be approved as mutually agreed upon between the CITY and SPYDER provided SPYDER informs the CITY of this request at least six months prior to the Event. b. Event Permits and Agreements. SPYDER shall obtain permits from CITY for each Event and shall enter into and comply with all agreements for such permits as required by CITY, including but not limited to the provision of adequate insurance and indemnification of DocuSign Envelope ID: 17A926E1-E458-4700-AF64-91EFF7D16F59 March24th 113 Surf Fest Agreement 2020 - 2022 2 CITY, its officers, agents, volunteers, employees, and attorneys as outlined in the Special Event Permit. Exhibit A includes a sample Special Event Permit. c. Insurance. SPYDER shall provide comprehensive general liability insurance with a combined single limit of not less than $2,000,000.00 per occurrence. Such insurance shall (a) name the City, its appointed and elected officials, officers, employees and agents as insured’s; and (b) be primary with respect to any insurance or self-insurance programs maintained by the City; and (c) contain standard cross-liability provisions. SPYDER shall furnish properly executed certificates of insurance to City, which certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to City; and further, shall provide that if SPYDER fails to pay any required deductible or self-insured retention, City may do so at SPYDER’s expense. d. Fee to CITY. SPYDER shall pay CITY all direct costs associated with each Event within 30 days after each event. Such costs shall include but not be limited to the provision of CITY Staff time dedicated to the Event; Amplified Sound Permit; parking fees; and building inspection fees. Indirect costs shall be waived including the annual special event application fee, Pier Plaza use fee, and co-sponsor fees. e. Annual Review. Within 60 days prior to and after each Event, SPYDER shall provide an annual overview to the Parks, Recreation and Community Resources Advisory Commission in the form of an agendized presentation. The pre-event presentation shall highlight: a general event overview including anticipated number of attendees; an overview of the event footprint and individualized setup; and anticipated impacts to the community as a result of the event. The post-event presentation shall include: a general overview including the actual number of attendees; actual impact(s) to the community as a result of the event; and any event struggle(s) and success(es). f. Environmental Sustainable Measures. SPYDER shall implement the CITY’s environmental sustainability measures, including but not limited to: i. (v) Electric and Bio-diesel Generators Generators on the venue shall be electric or operated with a 50% blend of bio- diesel fuel, or equivalent or lower emissions sources. ii. (vv) Plastic Bags Use of plastic bags to deliver, provide, or hand merchandise or Event-related items is prohibited. iii. (vi) SPYDER shall additionally implement all sustainability measures in City’s Green Matrix through its conduct of the Event and shall ensure vendor compliance. DocuSign Envelope ID: 17A926E1-E458-4700-AF64-91EFF7D16F59 114 Surf Fest Agreement 2020 - 2022 3 iv. (viii) SPYDER shall: (1) Incorporate sustainability requirements into vendor agreements, and advertise green measures and rules in event advertising and online; (2) prohibit the use of single-use plastic straws, stirrers, and utensils beginning July 1, 2020 (per HBMC 8.64); limit single-use paper, packaging, and décor items; use appropriately sized plates, containers and cups; and limit use of handouts, flyers and giveaways; (4) enact a no-idling requirement for vehicles associated with the loading and unloading of event-related equipment; and (5) provide onsite personnel to ensure that litter and trash are minimized, and recycling is maximized. v. (x) SPYDER shall participate in pre-event and post-event reviews of compliance with sustainability measures. g. Private Security Standards. SPYDER shall work in concert with the Hermosa Beach Police Department to determine private security standards that are appropriate for the Event. SPYDER shall seek to employ CITY’s preferred private security firm provided its costs are competitive. The private security standards will be in addition to the minimum police services, which will be determined by the Hermosa Beach Police Department. h. Logistical Meetings. SPYDER is required to participate in logistical and planning meetings with relevant CITY departments as requested by the City. i. Stage. SPYDER shall provide a stage and sound system from a licensed production company, including all staffing necessary to execute all aspects of the Event. The CITY shall have access to the stage, equipment, and the necessary Event staff to hold its annual Surfer’s Walk of Fame Induction Ceremony, prior to SPYDER’S Event, as mutually agreed upon by SPYDER and the CITY. Use of this equipment and staff will be at no cost to the CITY and will be borne by SPYDER. j. Stage Programming. SPYDER shall secure, compensate, and program community-friendly entertainment for the Event, subject to approval by the City Manager. Approval of stage programming will not be unreasonably withheld. SPYDER must provide the CITY with its programming schedule no later than seven days prior to each Event. k. Booth Space. SPYDER shall offer booth space to vendors in the action sports industry along Pier Plaza. A diagram showing placement of all booths must be mutually agreed upon between the CITY and SPYDER and submitted at least seven days prior to each Event. SPYDER shall assign booth space to the CITY at no cost in a prominent location within the event footprint as mutually agreed by the CITY and SPYDER. The CITY or its assignee may utilize these booth(s) to distribute public information and/or promote community programs and services to attendees. DocuSign Envelope ID: 17A926E1-E458-4700-AF64-91EFF7D16F59 115 Surf Fest Agreement 2020 - 2022 4 Section 3. CITY’s Duties. a. Event Permits. CITY shall provide event permits to SPYDER for each Event unless CITY determines in its sole discretion that it would not be in the public interest or that it would be averse to the public health, safety, or welfare. b. Event Fee Invoicing. CITY shall provide SPYDER with initial estimates for indirect CITY costs associated with each Event 90 days in advance of each event. Such costs shall be those noted in section 1(d). These amounts are intended as estimations, as final costs billed to SPYDER may change due to public safety staffing availability and various other factors. c. Event Equipment. CITY shall provide SPYDER the use of A-frame traffic parade barricades to be used for each Event and returned no later than the Monday following each event. SPYDER shall coordinate use of this equipment with the Public Works Department. d. No Parking Signs. The CITY shall post No Parking signs in Lot B at least 72 hours prior to the start of event setup. Section 4. Assignment. This agreement may not be assigned in whole or in part by either party, without the prior written consent of the other party. Section 5. Independent Contractor. SPYDER will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute SPYDER as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and SPYDER. Section 6. Termination. CITY may terminate this Agreement upon 30 days written notice to SPYDER if CITY determines in its sole discretion that continuation of this Agreement would not be in the public interest, that it would be adverse to the public health, safety, or welfare, or that a substantial portion of CITY’s property is unavailable due to construction activity. Prior to termination on the ground that a substantial portion of CITY’s property is unavailable due to construction activity, CITY shall provide SPYDER an opportunity to propose adjustments to the venue or an alternative location for the event. SPYDER’s proposed adjustments or alternative shall be provided within 30 days of written notice from CITY and is subject to approval of the City Council, in its sole discretion, in a public meeting. Upon termination of the Agreement, any events subsequent to the termination will no longer be the responsibility of SPYDER. Section 7. Notice. Any notice required to be given shall be deemed duly and properly given upon delivery, if sent postage prepaid or if personally delivered as follows: DocuSign Envelope ID: 17A926E1-E458-4700-AF64-91EFF7D16F59 116 Surf Fest Agreement 2020 - 2022 5 For SPYDER : Spyder Surfboards 2461 Pacific Coast Highway Hermosa Beach, California 90254 (310) 374-8276 Attention: Dennis Jarvis, Owner For CITY: City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 (310) 318-0216 Attention: Suja Lowenthal, City Manager Section 8. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and SPYDER, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. The parties anticipate that, in addition to this Agreement, they will enter into an event agreement for each Fiesta setting forth precise terms and conditions applicable to that Fiesta. EXECUTED the day and year first above stated. SPYDER SURFBOARDS By:____________________________________ Dennis Jarvis, Owner CITY OF HERMOSA BEACH By:___________________________________ Mary Campbell, Mayor APPROVED AS TO FORM ATTEST By:_________________________________ By:_________________________________ Michael Jenkins, City Attorney City Clerk DocuSign Envelope ID: 17A926E1-E458-4700-AF64-91EFF7D16F59 Eduardo Sarmiento 117 Surf Fest Agreement 2020 - 2022 6 EXHIBIT A Special Event Permit CITY OF HERMOSA BEACH SPECIAL EVENT PERMIT I. Permit CITY OF HERMOSA BEACH (“City”) hereby grants approval to the ______________ EVENT PLANNER”) for use of the ____________ (the “SITE”) as the location for the _________________ (the “EVENT”). The permission granted herein for conduct of the EVENT on the SITE, shall commence from ________ and terminate at __________, including set up and tear down, on _________________________. This Permit is revocable at any time for violation of conditions of approval, the Hermosa Beach Municipal Code or any applicable regulation or law. II. Event Planner’s Obligations (checked boxes denote applicable obligations) 1. Not more than 60 days and not less than 30 days in advance of the EVENT, EVENT PLANNER shall: ☐ a) Damage deposit: Post a bond, cashier's check or letter of credit, in the amount of $_______________ as compensation for any damage that may occur to physical property or other costs arising from EVENT PLANNER’S use of the SITE. The bond or other surety shall provide that in the event the EVENT PLANNER fails or refuses to clean up and restore the SITE to its original condition or fails or refuses to compensate City for other physical damage, City may, at its option, make demand upon the surety for such cash payment as is required to perform such work. ☐ b) Insurance: Provide to City a policy of comprehensive general liability insurance with a combined single limit of not less than $2,000,000.00 per occurrence. Such insurance shall (a) name the City, its appointed and elected officials, officers, employees and agents as insured’s; and (b) be primary with respect to any insurance or self - insurance programs maintained by the City; and (c) contain standard DocuSign Envelope ID: 17A926E1-E458-4700-AF64-91EFF7D16F59 118 Surf Fest Agreement 2020 - 2022 7 cross-liability provisions. EVENT PLANNER shall furnish properly executed certificates of insurance to City, which certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to City; and further, shall provide that if the EVENT PLANNER fails to pay any required deductible or self -insured retention, City may do so at EVENT PLANNER’s expense. ☐ c) Event fees: EVENT PLANNER shall tender any outstanding fees associated with the City’s Special Event Application process a minimum of 30 days prior to the EVENT unless non-profit, per participant fees apply for payment immediately following the event. ☒ d) Permits and approvals: EVENT PLANNER shall obtain all necessary permits and approvals for the EVENT as set forth in the completed Special Event Application or otherwise required by the City (e.g., business license, street banner approval, light pole banner requests, etc.). ☐ e) Provide City with the name and event day telephone number of its designated representative for the event, and/or the names of designated representatives who will be physically on the property for the entire duration of the EVENT if different from that stated on the Special Event Permit Application; ☐ f) Notify all residents and businesses within a 300 foot radius of the SITE. The notice shall be in writing and shall include the date and time of the EVENT, and the telephone number of the designated representative. Said written notice shall be provided to the City through electronic copy not less than 1 week prior to distribution for review and approval; 2. Commencing with the date and time this permit authorizes the use by the EVENT PLANNER for the EVENT, EVENT PLANNER shall: ☐ a) Fence the entire EVENT area; ☐ b) Provide adequate portable restroom facilities for the EVENT according to standards as outlined by City for Special Events; ☐ c) Provide adequate first aid facilities and staff; ☐ d) Secure its own telephones and telephone lines for the EVENT; DocuSign Envelope ID: 17A926E1-E458-4700-AF64-91EFF7D16F59 119 Surf Fest Agreement 2020 - 2022 8 ☐ e) Install a protective barrier around the perimeter of the EVENT not later than _______________. EVENT PLANNER shall be responsible for removal of the barrier upon completion of the EVENT. Said barrier(s) shall structurally and aesthetically fulfill the City’s requirements for said barrier(s); ☐ f) Ensure that the EVENT includes adequate access and seating to reasonably accommodate the needs of the disabled; ☐ g) Provide its staff and designated City representatives with proper credentials and identification for access to the EVENT and SITE area; ☐ h) Clean, restore, resurface and make operational the SITE to the satisfaction of the City (notwithstanding the clean-up activities described in Section III.7) upon completion of the EVENT and no later than the post- event walk-through (if applicable) described in Section III.9.; ☐ i) Maintain six (6) posted volleyball courts on the north side of the Pier for recreational use; ☐ j) Install and maintain six (6) posted, temporary volleyball courts on the south side of the Pier for recreational use. ☐ k) Pay to City the total sum of costs for all personnel, materials, equipment, and disposal fees incurred by City in connection with SITE preparation and clean-up activities and associated repairs described in Section III.7., including overhead and indirect costs. Payment shall be made within 60 days of receipt of invoice from City; ☐ h) DO NOT EXTEND PAST NOBLE PARK WITH ANY EVENT RELATED EQUIPMENT, SUPPLIES, OR SET UP. 3. Conduct the EVENT in accordance with all materials included in the complete Special Event Application for the EVENT approved by the City, including but not limited to the EVENT Site Plan, Parking Plan, Safety/Security Plan, Green Matrix, and Accessibility Plan. If information on any Special Event Application materials has changed from that which was approved by the City, EVENT PLANNER shall notify the City within 24 hours of any such change. DocuSign Envelope ID: 17A926E1-E458-4700-AF64-91EFF7D16F59 120 Surf Fest Agreement 2020 - 2022 9 4. EVENT PLANNER’s obligations shall be completed in the time periods set forth above and notice of items not completed to City’s satisfaction shall be given to EVENT PLANNER in writing. EVENT PLANNER shall have seven days from receipt of notice to complete the obligation, except in the event of an emergency. Any obligations not completed within the dates set forth above may be completed by City and EVENT PLANNER shall reimburse City on a time and materials basis. III. Services to be Provided by City ☐ 1. Representatives of the City, including any required police and fire officials necessary to complete required inspections, and EVENT PLANNER shall perform a walk-through of the SITE on _______________, at which time the condition of the SITE shall be duly noted in writing by said representatives, and shall specifically identify any existing damage or other abnormalities and City shall repair anything identified as a potential hazard or liability prior to EVENT PLANNER taking possession of the SITE. ☐ 2. Facilitate closing of streets impacted by the SITE, including _______________, during the hours of _______________. ☐ 3. Approve text of notices as required by Section II. f. above. ☐ 4. Provide, at no additional cost, the following: a) _____ collection containers with a storage capacity of not less than twenty-five (25) gallons each; b) Collection vehicle and crew to empty the cans on the SITE; c) Street sweepers. ☐ 5. Ensure that, to the best of the City’s knowledge, all other organized activities will be excluded from the SITE during the EVENT. ☐ 6. Provide a 24-hour contact person who shall be available in the event of emergency during the time EVENT PLANNER maintains possession of the SITE. ☐ 7. Perform clean-up at cost to EVENT PLANNER as established in the Special Event Permit Application for the EVENT, or in accordance with DocuSign Envelope ID: 17A926E1-E458-4700-AF64-91EFF7D16F59 121 Surf Fest Agreement 2020 - 2022 10 actual cost if the amount of clean-up exceeds the EVENT fees, which shall include but is not limited to: ☐ a. Removal and disposal from public property all no-parking signs, litter and debris located at the SITE at cost to EVENT PLANNER; ☐ b. Steam cleaning of sidewalks, garages and hardscape surfaces as required at the SITE at cost to EVENT PLANNER; ☐ c. Repair of any irrigation damage to landscaped medians, planter beds, lawn areas and the SITE grounds; ☐ d. Renovation of all turf and shrubs on landscaped medians, planter beds, lawn areas on the SITE; ☐ e. Removal and disposal of trash receptacles placed on public areas of the SITE; ☐ f. Restoration of all public areas impacted by the EVENT, including public streets, to the same conditions prior to the EVENT. 8. The City shall submit itemized invoices to EVENT PLANNER for all work described above within 90 days of the EVENT. Said invoices shall include an itemized breakdown of costs associated with the cleanup of SITE. In addition, the City will provide an itemized invoice listing all time and materials used in the repair of City facilities. 9. Subsequent to the EVENT, and after EVENT PLANNER completed its cleanup process of the premises, a post-event walk-through shall be conducted by the representatives of the City and EVENT PLANNER, at which time any damages or other abnormalities which may have arisen as a result of the use of the premises by EVENT PLANNER shall be duly noted in writing by said representatives, it being understood that the City (1) shall undertake to repair and/or replace any damaged property; and (2) shall bill EVENT PLANNER for the cost thereof. The foregoing notwithstanding, EVENT PLANNER shall remain responsible for any later-discovered damage that was not reasonably visible during the walk-through. Walk thru to be held no later than _______________. DocuSign Envelope ID: 17A926E1-E458-4700-AF64-91EFF7D16F59 122 Surf Fest Agreement 2020 - 2022 11 IV. Notices All notices and communications shall be sent to the parties at the following addresses: The City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 V. Indemnification EVENT PLANNER shall hold harmless, defend and indemnify the City and County of Los Angeles, its officers, employees and volunteer from and against any and all liability, loss, damage expense, and costs (including without limitation costs and fees of litigation), of every nature arising out of or in connection with production and performance of the EVENT or its failure to comply with any of its obligations contained in this Permit except such loss or damage which was caused by the sole negligence or willful misconduct of the City. EVENT PLANNER shall pay promptly any judgment rendered against City and County of Los Angeles, their respective officers, agents or employees, for any such claims, damages, penalties, obligations and/or liabilities. VI. Authority The person executing this Permit for EVENT PLANNER certifies that s/he has full authority to sign on behalf of EVENT PLANNER and to bind EVENT PLANNER to the foregoing conditions. VII. Revocation EVENT PLANNER hereby accepts all of the foregoing conditions and understands and acknowledges that City may revoke this permit at any time upon finding that any of the foregoing conditions have not been satisfied. EVENT PLANNER further acknowledges that this permit ma y be revoked and the EVENT ordered concluded at any time during the course of the EVENT by the highest ranking City police officer or fire personnel on duty at the time upon determination that the EVENT is causing a violation of State law or upon a determination that the EVENT has become a threat to public safety. DocuSign Envelope ID: 17A926E1-E458-4700-AF64-91EFF7D16F59 123 Surf Fest Agreement 2020 - 2022 12 VIII. Miscellaneous Provisions This permit is personal to the EVENT PLANNER and may not be transferred, assigned or otherwise conveyed without the consent of the City. Neither party will use the other party’s name, logos, trademarks or service marks in any manner without the other party’s prior written approval. This permit grants permission solely for the EVENT described above on the day(s) and time(s) indicated on the SITE. Nothing in this permit shall be construed as creating a partnership, joint enterprise or other contractual arrangement between City and EVENT PLANNER. The EVENT is a privately sponsored event; it is not a City event and is not sponsored by the City. APPROVED BY: City: Signature Date Address: Telephone No. Applicant: Signature Event Planner Representative Print Name Address: Telephone No DocuSign Envelope ID: 17A926E1-E458-4700-AF64-91EFF7D16F59 124 SPYDER “Surf Fest” Agreement – Amendment I - page 1 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND SPYDER SURFBOARDS TO PROVIDE SPYDER SURF FEST This First Amendment to the Spyder Surf Fest Event Agreement (“First Amendment”) is entered into by and between the City of Hermosa Beach, a municipal corporation (hereinafter called “CITY”) and Spyder Surfboards (hereinafter called “SPYDER”) as of December _____, 2020. RECITALS A. CITY and SPYDER are parties to that Spyder Surf Fest Event Agreement dated ____________ (the “Agreement”). B. The parties desire to amend the Agreement to provide SPYDER a one-year extension to its Agreement due to event cancelations in 2020 in response to COVID-19 precautionary measures. NOW, THEREFORE, in consideration of the foregoing, the Agreement is amended as follows: 1. Section 2 (a) of the Agreement entitled “Event” is amended to read as follows: Event. SPYDER may organize, coordinate, produce and oversee the Event on Pier Plaza and in parking Lot B immediately following the CITY annual Surfer’s Walk of Fame Induction Ceremony. The event must remain open to the public. Event days included as part of this Agreement shall be: April 24, 2021; April 23, 2022; and April 22, 2023. SPYDER must annually inform the CITY of its intent to produce the Event, including confirmation of event dates and event times, no later than six months prior to the event dates. Should Spyder desire to reschedule an event date(s) from the dates outlined in this Agreement, it must do so in writing no later than six months prior to the requested event date(s). CITY will review the request against other activities and events booked on Pier Plaza. While approval of a date change will not be unreasonably withheld, already scheduled activities or events will have priority. Use of additional location(s) in proximity of Pier Plaza may be approved as mutually agreed upon between the CITY and SPYDER provided SPYDER informs the CITY of this request at least six months prior to the Event. Except as above modified, in all other respects the Agreement is hereby reaffirmed in full force and effect. [Signatures on following page] 125 SPYDER “Surf Fest” Agreement – Amendment I - page 2 SPYDER SURFBOARDS Dennis Jarvis, Owner CITY OF HERMOSA BEACH By Suja Lowenthal, City Manager ATTEST: Eduardo Sarmiento, City Clerk 126 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0770 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 8, 2020 AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HERMOSA BEACH, THE CITY OF MANHATTAN BEACH, THE CITY OF TORRANCE, THE CITY OF REDONDO BEACH, AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT REGARDING THE ADMINISTRATION AND COST-SHARING FOR COORDINATION AND IMPLEMENTATION OF THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) (Environmental Programs Manager, Douglas Krauss) Recommended Action: Staff recommends that City Council approve Amendment No. 1 to the Memorandum of Understanding (MOU) between the City of Torrance, the City of Hermosa Beach, the City of Manhattan Beach, and the City of Redondo Beach and the Los Angeles County Flood Control District regarding the administration and cost sharing for coordination and implementation of the coordinated integrated monitoring program (CIMP). Executive Summary: This first amendment to the existing MOU for CIMP implementation would allow the City of Hermosa Beach and its partners in the Beach Cities Watershed Management Group to continue required stormwater monitoring activities to ensure compliance with applicable storm water laws. The MOU also includes coordination of the member agencies with regular meetings and administration of the watershed management plan. Background: The National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit (MS4 Permit) identifies conditions, requirements, and programs that municipalities must meet to protect regional water resources from adverse impacts associated with pollutants in stormwater and urban runoff as mandated by the Federal Clean Water Act and the California Porter-Cologne Act. These requirements include a monitoring and reporting program as described in Attachment E of the current MS4 Permit applicable to City of Hermosa Beach and the other parties to the MOU. The monitoring program requirements described in Attachment E of the Permit provide the flexibility for permittees to coordinate monitoring efforts on a watershed basis to increase cost-efficiency and effectiveness and to align the Coordinated Integrated Monitoring Program (CIMP) with the Enhanced City of Hermosa Beach Printed on 3/27/2024Page 1 of 4 powered by Legistar™127 Staff Report REPORT 20-0770 Watershed Management Program (EWMP). The Cities of Hermosa Beach, Manhattan Beach, Redondo Beach, Torrance, and the Los Angeles County Flood Control District (Beach Cities Group) entered into an MOU to cost share the development of the EWMP and CIMP in 2013 (Attachment 1). After approval of the EWMP and CIMP by the Water Board in 2016, the Beach Cities Group executed an MOU for the joint implementation of the CIMP in order to carry out the monitoring and reporting program requirements of the Permit (Attachment 2). These activities include sampling of stormwater during storm events, analysis of samples, investigations of possible illicit discharges and preparation of required reports. The MOU also includes regular administration of the EWMP and coordination of the member agencies for meetings, regular communications, and regulatory compliance. The proposed amendment to the MOU would continue this CIMP implementation and EWMP administration for the Beach Cities Group. The current MOU expired in 2018 and has been extended annually since by consensus of the member agencies. A separate MOU for a comprehensive update of the EWMP was approved by Council October 27, 2020. Discussion: The CIMP Implementation MOU would allow the hiring of a: •CIMP Implementation Consultant to accomplish the CIMP, and •CIMP Coordination Consultant to assist the Beach Cities Group in watershed planning and coordination. The CIMP MOU further provides that the parties to the MOU would contribute funds to the City of Manhattan Beach, who will act on behalf of the group to contract with the respective CIMP Coordination consultant and CIMP implementation consultant. Manhattan Beach received a proposal for these services from McGowan Consulting (Coordination) and Geosyntec (Implementation). Both these consultants have served in these capacities for the Beach Cities Group since 2016. Their familiarity with the Beach Cities Group’s EWMP and CIMP makes them well-qualified consultants to perform these professional services. The City of Manhattan Beach staff was able to get approval from its City Council to proceed with this MOU which includes a 10% fee for administering the contracts. The basis for cost-sharing of CIMP Implementation and Coordination is illustrated in Tables 1 and 2 in Exhibit A of the MOU (Attachment 3). Having no jurisdiction over land use, but in consideration of its role as a co-Permittee and its responsibility for operation of significant portions of the storm drain system, the Los Angeles County Flood Control District (LACFCD) has agreed to assume a 5% share of the CIMP Implementation Total Costs. This is consistent with the County’s CIMP cost-sharing agreements with other watershed management groups. Each of the cities in the Beach Cities Group is allocated a percentage share of the remaining total cost, after subtraction of the LACFCD 5% cost- share, based on each city’s respective land area within the CIMP area. For the City of Hermosa City of Hermosa Beach Printed on 3/27/2024Page 2 of 4 powered by Legistar™128 Staff Report REPORT 20-0770 Beach, this share is approximately 5.5% of the remaining total cost, as shown in Table 2 of Exhibit A of the MOU. These costs would not exceed $26,035 in FY20-21, $26,007 in FY21-22 and $31,024 in FY22-23. The increase in costs in FY 22-23 is to accommodate potential contingencies associated with the anticipated new NPDES Permit. The final draft Amendment No. 1 to the CIMP Implementation MOU provided for Council consideration was reviewed by the City Attorney and approved as to form. Past Council Actions Meeting Date Description November 26, 2013 Approved an MOU to develop an EWMP with the Beach Cities WMG February 9, 2016 Approved an MOU to implement a CIMP with the Beach Cities WMG General Plan Consistency: This report and associated recommendations have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below: Infrastructure Goal 5. The stormwater management system is safe, sanitary, and environmentally and fiscally sustainable. Policies: 5.7 Stormwater permits. Strictly implement, enforce, and monitor MS4 National Pollutant Discharge Elimination Systems (NPDES) Permit requirements through stormwater ordinances. Fiscal Impact: The proposed MOU amends and extends the existing MOU for three additional years at a not to exceed total cost of $83,066 for the three years. The City of Hermosa Beach’s cost share for the MOU is approximately $26,035 for the first year of the amendment and sufficient Storm Drain funds are appropriated in the 2020-21 Budget. The amounts for the second and third year would be appropriated with the 2021-22 and 2022-23 Budgets. Attachments: 1. Original EWMP/CIMP MOU 2. Current CIMP MOU 3. Draft CIMP MOU Amendment Respectfully Submitted by: Douglas Krauss, Environmental Programs Manager City of Hermosa Beach Printed on 3/27/2024Page 3 of 4 powered by Legistar™129 Staff Report REPORT 20-0770 Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 3/27/2024Page 4 of 4 powered by Legistar™130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 Page 1 of 12 AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MANHATTAN BEACH, THE CITY OF TORRANCE, THE CITY OF REDONDO BEACH, THE CITY OF HERMOSA BEACH, AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT REGARDING THE ADMINISTRATION AND COST SHARING FOR COORDINATION AND IMPLEMENTATION OF THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP) FOR THE BEACH CITIES WATERSHED MANAGEMENT GROUP This First Amendment (“Amendment No. 1”) to that certain Memorandum of Understanding (MOU) by and between the CITY OF MANHATTAN BEACH, a California municipal corporation, the CITY OF TORRANCE, a California municipal corporation, the CITY OF REDONDO BEACH, a chartered municipal corporation, the CITY OF HERMOSA BEACH, a California municipal corporation, and THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT (LACFCD), a body corporate and politic, collectively known as the “PARTIES” or individually as “PARTY”, is hereby entered into as of July 1, 2020 (“Effective Date”). WITNESSETH WHEREAS, on April 12, 2016 the PARTIES entered into an MOU to cooperatively fund CIMP coordination and CIMP implementation and to coordinate the payment and performance of CIMP coordination and reporting services and CIMP monitoring and reporting services ; and WHEREAS, the term of the MOU was extended for two additional years by the unanimous written concurrence of all PARTIES and will expire on December 28, 2020 unless hereby amended; and WHEREAS, the MS4 Permit became effective on December 28, 2012, and requires that the LACFCD, the County of Los Angeles, and 84 of the 88 cities (excluding Avalon, Long Beach, Palmdale, and Lancaster) within Los Angeles County comply with the prescribed elements of the MS4 Permit until the next MS4 Permit becomes effective; and WHEREAS, the next MS4 Permit, anticipated to be adopted by the Los Angeles Regional Water Quality Control Board (REGIONAL BOARD), may require that the PARTIES prepare and submit a revised CIMP for review and approval by the REGIONAL BOARD; and WHEREAS, the next MS4 Permit may require that the PARTIES continue with the existing CIMP Implementation until a revised CIMP has been approved by the REGIONAL BOARD; and WHEREAS, the PARTIES now desire to amend the MOU to add additional services to the Scope of Services, authorize increased costs, and extend the term. 207 Page 2 of 12 NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOU, the PARTIES agree as follows: Section 1. Section 5 of the MOU is hereby revised to extend the term of the MOU through December 31, 2023 with the option to further extend the term in increments of one calendar year at a time, up to two additional years, by unanimous written concurrence of all PARTIES. If the MOU term is further extended, the total annual cost to the PARTIES under this MOU for each extension year shall not exceed Fiscal Year 2022-2023 costs as estimated in Table 1 of Exhibit A, adjusted April to April by the Consumer Price Index, Urban Wage Earners and Clerical Workers’ for Los Angeles County per cost of living adjustment. Upon unanimous written concurrence of all PARTIES, the term of the MOU shall be automatically extended. Section 2. The Parties acknowledge and agree that the funds previously paid to the CITY OF MANHATTAN BEACH pursuant to Section 8.a of the MOU have resulted in a surplus (the “Account Surplus”). Commencing with the invoice of July 1, 2020, each Party shall be credited a percentage share of the Account Surplus towards payment of that invoice and all future invoices for services performed pursuant to this MOU, until the Account Surplus is eliminated. The percentage share for calculating each City Party’s credit shall be that set forth in Table 2 of Exhibit A as the “% of Total CIMP Area”, less a proportionate share of the 5% to be paid to LACFCD . Section 3. EXHIBIT A to the MOU (Beach Cities Watershed Funding Contributions for CIMP Implementation and Coordination), is hereby replaced by EXHIBIT A to this Amendment No. 1. Section 4. EXHIBIT B to the MOU (Beach Cities Watershed Management Group Responsible Agencies’ Representatives), is hereby replaced by EXHIBIT B to this Amendment No. 1 Section 5. EXHIBIT C to the MOU (CIMP Implementation Scope of Services), is hereby amended to add the Scope of Services attached to this Amendment No.1 as EXHIBIT C Section 6. EXHIBIT D to the MOU (CIMP Coordination Scope of Services) is hereby replaced by EXHIBIT D to this Amendment No. 1. Section 7. Except as specifically amended by this Amendment No. 1, all other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the PARTIES hereto have caused this Amendment No. 1 to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES: [SIGNATURE PAGES FOLLOW] 208 Page 3 of 12 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT By: Date: MARK PESTRELLA, Chief Engineer APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By: Deputy 209 Page 4 of 12 CITY OF MANHATTAN BEACH By: Date: Bruce Moe City Manager ATTEST: By: Liz Tamura City Clerk APPROVED AS TO FORM: By: Quinn M. Barrow City Attorney 210 Page 5 of 12 CITY OF TORRANCE By: Date: Patrick J. Furey Mayor ATTEST: By: Rebecca Poirier City Clerk APPROVED AS TO FORM: By: Patrick Sullivan City Attorney 211 Page 6 of 12 CITY OF REDONDO BEACH By: Date: Bill Brand Mayor ATTEST: By: Eleanor Manzano City Clerk APPROVED AS TO FORM: By: Michael W. Webb City Attorney 212 Page 7 of 12 CITY OF HERMOSA BEACH By: Date: Justin Massey Mayor ATTEST: By: Elaine Doerfling City Clerk APPROVED AS TO FORM: By: Michael Jenkins City Attorney 213 Page 8 of 12 EXHIBIT A Beach Cities Watershed Funding Contributions for CIMP Implementation and Coordination Table 1. CIMP Implementation and Coordination Total Costs Task #(a) Description FY 20/21 Cost FY 21/22 Cost FY 22/23 Cost 1 Project Management, Communications, Meetings $48,504 $48,504 $48,504 2 Health and Safety Plan/Traffic Control Plan/Permits $10,296 $12,132 $0 3 Receiving Water Monitoring $80,324 $80,324 $110,324 4 Stormwater Outfall Monitoring $67,692 $67,692 $73,692 5 Non-Stormwater Outfall Monitoring $36,420 $36,420 $66,940 6 Data Assessment and Reporting $69,378 $69,378 $91,462 7(b) CIMP Coordination $99,190 $96,900(c) $99,790(c) CIMP Implementation Subtotal $411,804 $411,350 $490,712 Administrative Cost(d) $45,298 $45,249 $53,978 Contingency Factor 1.1 1.1 1.1 CIMP Implementation Total Cost $498,283 $497,734 $593,762 LACFCD Allocation (5%)(e) $24,914 $24,887 $29,688 Total Cost (to be distributed among remaining agencies)(f)(g) $473,369 $472,847 $564,073 (a) Except where noted, “Task #” refers to the CIMP Implementation Consultant’s scope of work. (b) CIMP Coordination costs based on Task 7 of the executed contract between The City of Manhattan Beach and McGowan Consulting. (c) Costs may increase annually by CPI, subject to written agreement by all parties to this MOU. (d) Administrative costs are 10% of the CIMP Implementation Subtotal (e) LACFCD allocation is 5% of the CIMP Implementation Total Cost (f) Total Cost to be distributed among remaining agencies includes CIMP Implementation Total Cost less LACFCD allocation (g) Remaining agencies include the Cities of Manhattan Beach, Redondo Beach, Hermosa Beach, and Torrance 214 Page 9 of 12 Table 2. Distributed Total Costs(a) Participating Agency Area Distributed Total Cost Total CIMP Area % of Total CIMP Area FY2021 FY2122 FY2223 City of Redondo Beach 3,831 25.2% $119,289 $119,157 $142,147 City of Manhattan Beach 2,428 15.9% $75,266 $75,183 $89,688 City of Hermosa Beach 832 5.5% $26,035 $26,007 $31,024 City of Torrance 8,126 53.4% $252,035 $252,500 $301,215 LACFCD(b) N/A N/A $24,914 $24,887 $29,688 Total 15,217 100% $498,283 $497,734 $593,762 (a) Distributed Total Cost is based on percentage of CIMP area and includes CIMP Implementation Total Cost (including contingency and administration) less LACFCD for all agencies except LACFCD. (b) LACFCD allocation is 5% of the CIMP Implementation Total Cost (including contingency and administration). 215 Page 10 of 12 EXHIBIT B BEACH CITIES WATERSHED MANAGEMENT GROUP Responsible Agencies’ Representatives 1 City of Redondo Beach  Department of Public Works, Engineering Division 415 Diamond Street  Redondo Beach, CA 90266 Geraldine Trivedi  E-mail: Geraldine.Trivedi@redondo.org Phone: (310) 318-0661 x2036 Fax: (310) 374-4828 2 City of Hermosa Beach Department of Public Works 1315 Valley Drive  Hermosa Beach, CA 90254 Doug Krauss E-mail: dkrauss@hermosabeach.gov Phone: (310) 750-3603  Fax: (310) 372-6186 3 City of Manhattan Beach Department of Public Works 1400 Highland Avenue Manhattan Beach, CA 90266   Shawn Igoe  E-mail: sigoe@citymb.info Phone: (310) 802-5315 Fax: (310) 802-5314   4 City of Torrance Department of Public Works 20500 Madronna Avenue Torrance, CA 90503 John C. Dettle, P.E.  E-mail: jdettle@TorranceCA.gov Phone: (310) 618-3059  Fax: (310) 781-6902 5 Los Angeles County Flood Control District Department of Public Works Storm Water Quality Division, 11th Floor 900 South Fremont Avenue Alhambra, CA 91803  Paul Alva E-mail: palva@dpw.lacounty.gov Phone: (626) 458-4325  216 Page 11 of 12 EXHIBIT C BEACH CITIES WATERSHED MANAGEMENT GROUP CIMP IMPLEMENTATION SCOPE OF SERVICES 217 Page 12 of 12 EXHIBIT D BEACH CITIES WATERSHED MANAGEMENT GROUP CIMP COORDINATION SCOPE OF SERVICES 218 6167 Bristol Parkway Suite 390 Culver City, CA 90230 PH 310.957.6100 www.geosyntec.com Proposal for CIMP Implementation - 2020-2025 Date: March 10, 2020 To: Shawn Igoe, City of Manhattan Beach From: Geosyntec Consultants Subject: Beach Cities CIMP Implementation Proposed Scope and Budget for Extended Implementation 2020-2025 This proposal was prepared for the City of Manhattan Beach by Geosyntec Consultants (Geosyntec) in support of the Beach Cities Watershed Management Group Coordinated Integrated Monitoring Program (CIMP). The focus of this letter proposal is to present a scope of work and budget for Geosyntec to conduct CIMP Implementation for the following Reporting Years: • Year 5 (July 1 2020 – June 30 2021) • Year 6 (July 1 2021 – June 30 2022) • Year 7 (July 1 2022 – June 30 2023) • Year 8 (July 1 2023 – June 30 2024) • Year 9 (July 1 2024 – June 30 2025) It is understood that Year 8 and Year 9 are optional at this time, to be conducted only following approval by the City of Manhattan Beach. SCOPE OF WORK Task 1: Project Management and Permitting As under the existing CIMP Implementation contract, the Geosyntec Team will provide project management services so that work deliverables are provided on or ahead of schedule and within budget. Subtasks will include the following: • Monthly Meetings: The Geosyntec Team will prepare for and attend monthly meetings of the Beach Cities WMG. For monthly meetings, Geosyntec will provide presentations and/or other relevant material, as requested. For cost saving 219 Beach Cities CIMP Implementation March 10, 2020 Page 2 Proposal for CIMP Implementation - 2020-2025 purposes, some meetings will be attended via telephone call, unless otherwise requested. • Other Meetings: The Geosyntec Team will attend, participate in, and/or support the Beach Cities WMG in meetings with other watershed management program groups, Regional Board staff, City Councils, County staff, stakeholders, and/or other consultants as necessary to deliver the Project. • Permitting and Traffic Control: The Geosyntec Team will obtain the necessary permits for access to the various sampling locations. Based on the CIMP, it is anticipated that one encroachment/access Permit from the Los Angeles County Flood Control District (LACFCD) will be required for monitoring at various outfalls. As with previous years, permitting and access requirements are expected to be minimal. Geosyntec will coordinate with respective cities to confirm that appropriate protocol is adhered to when sampling at locations within that city. • Health and Safety Planning: The Site Health and Safety Plan (SHSP), which is already in place and being implemented under current CIMP monitoring efforts, will continue to be implemented under this proposed scope as a “living” document, to be updated as often as is necessary to provide the most helpful and accurate information for field personnel. The Geosyntec Project Manager, who is also the Geosyntec Los Angeles Health and Safety Coordinator, will confirm that field personnel communicate any and health and safety related issues directly to him so that the SHSP can be amended promptly. • Additional Project Management: The Geosyntec Team will perform project management duties, including regular communication with the City on the state of the scope, schedule, and budget; coordination of the Project Team, WMG, and Watershed Coordination Consultant; and organization of Team coordination calls. For cost control purposes, the Geosyntec project manager will track earned value relative to budget spent on a weekly basis throughout the Project duration to confirm that the Project stays on schedule and budget and that deviations are identified, communicated, and mitigated early. Task 1 Deliverables • Material for up to twelve Beach Cities WMG meetings per year, as requested. • Material for up to two additional meetings per year, as requested. • An updated HASP, as requested. 220 Beach Cities CIMP Implementation March 10, 2020 Page 3 Proposal for CIMP Implementation - 2020-2025 TASK 2: REVISED CIMP PER NEW MS4 PERMIT With the anticipated release of a new MS4 Permit in Fall 2020, CIMP modifications will be necessary to incorporate changes set forth in the new Permit. It is assumed that CIMP revisions will begin in Year 1 (2020-2021), the revised CIMP will be finalized and submitted to the Regional Board in Year 2 (2021-2022), and the revised CIMP will begin to be implemented in Year 3 (2022-2023). CIMP revisions may include the following: • Removing/adding pollutants required to be monitored; • Modifying analysis methods to meet new reporting limits (RLs); • Updating sample figures; • Altering monitoring frequencies; and • Revising reporting requirements. Costs for revising the CIMP are only present for Years 5 (2020-2021) and 6 (2021-2022), since it is assumed the CIMP will be finalized prior to the end of Year 6. As a result of the CIMP revisions, the implementation approach for Tasks 3 - 6 (herein) will be altered starting in Year 7 and continuing through Year 9. Details of these changes are set forth in the task descriptions below. Task 2 Deliverables • Draft and Draft Final CIMP, revised based on Beach Cities WMG comments. • One Final CIMP, revised based on Regional Board comments. TASK 3: RECEIVING WATER MONITORING Geosyntec will continue to conduct Receiving Water Monitoring per the approved Beach Cities CIMP. For Year 5 (2020-2021) and Year 6 (2021-2022), this means sampling in accordance with the currently established means and methods in the CIMP, including: • Near-shore receiving water monitoring at sites RW-BCEG-01 and RW-BCEG- 02; and • Santa Monica Bay Bacteria TMDL Shoreline Monitoring. This will include weekly monitoring for fecal indicator bacteria (FIB) consistent with the SMBBB TMDL, conducted at seven (7) coordinated shoreline monitoring locations. Sampling will continue to be conducted on Monday mornings. Additional accelerated monitoring will be conducted on subsequent days when trigged in 221 Beach Cities CIMP Implementation March 10, 2020 Page 4 Proposal for CIMP Implementation - 2020-2025 response to exceedance of the single-sample bacteria objectives, as described in the SMBBB TMDL Coordinated Shoreline Monitoring Plan (CSMP). Bacterial parameters analyzed will include Total Coliform, Fecal Coliform, and Enterococcus. Beginning in Year 7 (2022-2023), the following changes are anticipated to impact receiving water monitoring: • Reporting Levels (RLs) for all sampled parameters will be significantly reduced, resulting in an increased laboratory fee; • The “core monitoring constituents” required to be sampled will be required for the first three events of the year, rather than just the first. This will result in a significantly higher laboratory fee; and • Toxicity sampling will require the use of three different test species for the first year. Following this, the most sensitive species can be used. This too will result in a higher laboratory fee. Although there is the possibility that the number of SMBBB monitoring locations is reduced based on the proposed changes to the SMBBB TMDL, this change has not been accounted for at this time. Task 3 Deliverables No Task 3 deliverables, as reporting is handled under Task 6. TASK 4: STORMWATER OUTFALL MONITORING Geosyntec will continue to conduct Stormwater Outfall Monitoring per the approved Beach Cities CIMP. As with receiving water monitoring, Year 5 (2020-2021) and Year 6 (2021-2022) will be sampled in accordance with the currently established means and methods in the CIMP. This will include: • Sampling at outfalls OF-BCEG-1, OF-BCEG-2, OF-BCEG-6, and OF-BCEG-7 in Year 5; and • Sampling at outfalls OF-BCEG-4a, OF-BCEG-5, and OF-BCEG-7 in Year 6. Beginning in Year 7 (2022-2023), the following changes are anticipated to impact outfall monitoring: 222 Beach Cities CIMP Implementation March 10, 2020 Page 5 Proposal for CIMP Implementation - 2020-2025 • Reporting Levels (RLs) for all sampled parameters will be significantly reduced, resulting in an increased laboratory fee; and • The increase to required receiving water sampling constituents will likely result in a larger number of required outfall sampling constituents. This will result in a significantly higher laboratory fee; Task 4 Deliverables No Task 4 deliverables, as reporting is handled under Task 6. TASK 5: NON-STORMWATER OUTFALL MONITORING Non-stormwater outfall monitoring will continue to be implemented per the Beach Cities CIMP during Year 5 and Year 6. This sampling will include two sample events per year at the two outfalls currently monitored. Beginning in Year 7, the following changes are anticipated to be made to the Non- Stormwater Outfall Monitoring Program: • A re-screening of all Beach City-Owned outfalls will be conducted by the Geosyntec Team, in order to evaluate where significant non-stormwater discharges are occurring. This screening is assumed to be necessary in the Dominguez Channel Watershed only, since all known major outfalls in the SMB Watershed are diverted or otherwise do not discharge. • Sampling will increase to four times per year, in accordance with the new Permit. • As with stormwater outfall sampling, laboratory analyses coupled with the number of constituents required to be sampled are expected to increase. Task 5 Deliverables • A technical memorandum summarizing screening results. • Post-event sampling memoranda (two per year) summarizing the results of the non-stormwater monitoring. • Annual updates of the MS4 Outfall GIS database. TASK 6: DATA ASSESSMENT AND REPORTING Geosyntec will continue with all necessary data assessment and reporting to help the Beach Cities comply with the MS4 Permit and their CIMP. Specific items covered under this task include: 223 Beach Cities CIMP Implementation March 10, 2020 Page 6 Proposal for CIMP Implementation - 2020-2025 • SMBBB TMDL Shoreline Monitoring reporting, including weekly, monthly, and annual submittals; • Sample event summaries, including laboratory analyses, QA/QC results, rainfall/runoff analyses, etc; • Semi-Annual data submission, in compliance with requirements specific in the Permit. This assessment will continue to include data from outside agencies, including City of Los Angeles and County of Los Angeles; and • Annual Integrated Monitoring Compliance Report, for inclusion in the WMG’s Annual Report. (Beginning in Year 7, it is assumed that this report will be required twice per year.) Task 6 Deliverables • 52 weekly SMBBB TMDL shoreline monitoring data submittals, per year. • 12 monthly SMBBB TMDL shoreline monitoring data submittals, per year. • Two Semi-Annual Data Reports, per year. • Integrated Monitoring Compliance Reports, as required, each including submittal of a draft and final version. SCOPE ASSUMPTIONS: General • All memoranda and reports, unless otherwise specified, include one round of review from the Beach Cities WMG, with consolidated electronic comments provided to Geosyntec to be incorporated into the final version. Receiving Water Monitoring • Two (2) near-shore receiving water monitoring sites are assumed to be monitored during three (3) wet-weather events, per year. • Two (2) wet-weather aquatic toxicity samples are assumed per year at each selected near-shore receiving water monitoring location. • No toxicity identification evaluations (TIEs) are assumed at this time, based on results to-date. • Boat captain will be responsible for assessing open ocean water conditions to guard the safety of Geosyntec Team personnel prior to mobilization from the harbor. 224 Beach Cities CIMP Implementation March 10, 2020 Page 7 Proposal for CIMP Implementation - 2020-2025 • SMBBB TMDL Shoreline Monitoring is assumed at seven (7) sample locations. Labor includes site observations at sample locations as well as eight (8) storm drain outfalls. Collection includes use of a 4x4 vehicle and a trained technician based on City requirements for access and driving on City beach property. No weekend or holiday surcharges are included in the cost proposal. • A total of sixteen (16) repeat sample events are assumed for the SMBBB TMDL Shoreline Monitoring per year. • No additional permitting is assumed to be required for receiving water monitoring. Stormwater Outfall Monitoring • Up to four (4) outfalls are assumed to be monitored during three (3) wet-weather events, per year. • No wet-weather aquatic toxicity samples or TIE analyses are assumed at this time, based on results to-date. • Traffic control from California Barricade is assumed at two locations (OF-BCEG- 5, and OF-BCEG-6). Other traffic control is assumed to be minor (i.e., not requiring lane closure), and will be provided by the Geosyntec Team. • A LACFCD encroachment/access permit is assumed to be necessary for monitoring. The fee for this permit is assumed to be waived. Non-Stormwater Outfall Monitoring • Two (2) outfalls are assumed to require monitoring twice per year due significant non-stormwater discharges. • No dry-weather aquatic toxicity samples are assumed at this time. • Traffic control by California Barricade is assumed to not be required for non- stormwater outfall monitoring. SCHEDULE The proposed scope of work covers five full monitoring years, from July 1, 2020 through June 30, 2025. It is understood that the last two years of this proposal are optional extensions. BUDGET Geosyntec’s cost estimate for the above-described CIMP Implementation is provided in the following table. A detailed cost breakdown is available upon request. 225 Beach Cities CIMP Implementation March 10, 2020 Page 8 Proposal for CIMP Implementation - 2020-2025 Task Year 5 (2020-2021) Year 6 (2021-2022) Year 7 (2022-2023) Year 8 (2023-2024) Year 9 (2024-2025) Task 1 – Project Management $48,504 $48,504 $48,504 $48,504 $48,504 Task 2 – Revised CIMP $10,296 $12,132 - - - Task 3 – Receiving Water Monitoring $80,324 $80,324 $110,324 $96,324 $96,324 Task 4 – Stormwater Outfall Monitoring $67,692 $67,692 $73,692 $73,692 $73,692 Task 5 – Non-Stormwater Outfall Monitoring $36,420 $36,420 $66,940 $56,900 $56,900 Task 6 – Data Assessment and Reporting $69,378 $69,378 $91,462 $91,462 $91,462 Total Per Year $313,226 $314,450 $390,922 $366,882 $366,882 Total (Year 5 – Year 7) $1,017,987 Total (Year 5 – Year 9) $1,751,752 226 MCGOWAN CONSULTING, LLC 412 Olive Avenue, #189, Huntington Beach, CA 92648 310-213-4979 Kathleen@McGowan.Consulting April 1, 2020 Stephanie Katsouleas, P.E., Director of Public Works Shawn Igoe, Utilities Division Manager City of Manhattan Beach 3621 Bell Avenue Manhattan Beach, CA 90266 RE: PROPOSAL FOR BEACH CITIES WMG COORDINATION SERVICES Dear Ms. Katsouleas and Mr. Igoe: McGowan Consulting, LLC, is pleased to provide this proposal to the City of Manhattan Beach (City) to coordinate and implement watershed activities for the Beach Cities Watershed Management Group (WMG). McGowan Consulting provides environmental consulting services focused on stormwater quality and watershed protection to municipalities in the south Santa Monica Bay. Our two senior staff members have more than 25 years of combined experience in municipal stormwater consulting. We are adept at tracking and coordinating joint activities and in synthesizing complex technical and regulatory issues into cogent analysis on which clients can rely for decision-making and policy setting. McGowan Consulting has been providing these watershed coordination services to the Beach Cities WMG for the past five years and we have an in-depth understanding of the particular needs and technical challenges faced by this group and the watershed area it manages. The Scope and Cost of Services in this proposal have been developed to provide support to the Beach Cities WMG based on the proposed tasks and needed services discussed with and previously approved by the representatives of the Beach Cities WMG. Given that the schedule for adopting the 5th term MS4 Permit has been delayed with a revised target of Fall 2020, the representatives understand that the proposed scope of services and budgets for FY2122 and FY2223 are estimated based on our best professional judgement. CIMP Coordination Services are identified and authorized as Task 7 in the Beach Cities CIMP Memorandum of Understanding (CIMP MOU), and accordingly this Scope of Services is organized into Tasks 7.1 through 7.9. Excluded from this Scope of Services is effort to carry out the Beach Cities CIMP Implementation scope of work, i.e., Tasks 1 through 6 of the Beach Cities CIMP MOU, including preparation of the Integrated Monitoring Compliance Report, which is contracted separately by the City with the CIMP Implementation Consultant on behalf of the Beach Cities WMG. 227 BEACH CITIES WATERSHED COORDINATION SERVICES Page 2 Scope of Services This Scope of Services provides for McGowan Consulting to serve as the Coordinated Integrated Monitoring Program (CIMP) Coordination Consultant for the Beach Cities WMG for fiscal years 2020- 21(FY2021), 2021-22 (FY2122), and 2022-23 (FY2223). The scope and assumptions for Tasks 7.1 through 7.9 are outlined below. Task 7.1 Meeting Planning, Agendas and Minutes Plan, revise and distribute the Beach Cities WMG agendas and minutes for monthly meetings. Arrange for guest speakers as needed. A level of effort of four (4) hours per month is assumed based on previous experience. Task 7.2 Meeting Preparation, Attendance, Coordination Prepare materials for information, discussion and decision-making at the Beach Cities WMG meetings. Attend and coordinate the meetings, take notes during the meeting for documentation in the minutes, and follow up on action items from each meeting. A level of effort of eight (8) hours per month is assumed based on one staff person attending in-person and running the meeting with a second staff person calling in and taking notes during the meeting. Task 7.3 WMG Coordination Activities Project management, planning and scheduling of group activities. As directed by the Beach Cities WMG, provide support to the group in carrying out required activities, including maintaining an up- to-date schedule of WMG implementation activities, milestones and deadlines, and other as-needed assistance. In FY2223 additional effort is provided to amend the CIMP MOU for approval by the Beach Cities WMG governing boards prior to its expiration. Task 7.4 Support for Adaptive Management Since a second Adaptive Management Report including re-run of the RAA and revision of the EWMP is required for submittal by June 2021, effort in this task for FY2021 is to finalize an MOU for EWMP/RAA Update, to review and comment on deliverables provided by the EWMP Consultant, and to provide supporting information as-needed. Also in FY2021, a Time Schedule Order (TSO) request is anticipated to be needed to obtain a time extension prior to the final wet weather Santa Monica Bay Beaches Bacteria TMDL deadline of July 15, 2021. The TSO request will be prepared by McGowan Consulting in coordination with the Beach Cities WMG for submittal to the Regional Board by April 15, 2021 (90 days prior to the final TMDL deadline). Effort during FY2122 will include support for responding to comments from Regional Board staff on the revised EWMP/RAA, and possible presentations to the Regional Board. This effort may also include further negotiations with Regional Board staff on the TSO. Increased allocation in FY22-23 is provided to account for new EWMP Implementation support following EWMP approval and to prepare notifications as-needed to the Regional Board for minor EWMP revisions to reflect progress on the Beach Cities WMG implementation actions. Task 7.5 CIMP Review & Support Provide technical and regulatory review of data and reports prepared by CIMP Implementation Consultant, including: semi-annual data reports, microbial source tracking deliverables, and periodic 228 BEACH CITIES WATERSHED COORDINATION SERVICES Page 3 memos. During FY2021 this will also include review and comment on the revised CIMP as prepared by CIMP Implementation Consultant to conform to the requirements in the next Regional Permit. In FY2122 this may also include assistance in responding to Regional Board comments on the revised CIMP. Task 7.6 Develop & Manage Joint Outreach Development of joint public outreach materials utilizing contract services for graphic layout and illustration. Management of ongoing website content and hosting utilizing contracted services from the Environmental Services Center staff of the South Bay COG. In FY2021, effort is anticipated to include: the finalization of the South Bay Rainwater Harvesting Guide, development of revised webpage content and layout for the existing Environmentally Friendly Landscaping, Gardening and Pest Control webpages, and development of new South Bay Rainwater Harvesting webpage content/layout including the development of a QR code to be incorporated into existing print outreach materials. In FY2122, this effort is anticipated to include the development of short narrative pieces on rainwater harvesting to be distributed via existing digital networks. In FY2122 and FY2223, the effort is anticipated to include aligning outreach efforts to address new MS4 Permit objectives such as including the development of metrics to track Outreach Program effectiveness. Where possible outreach efforts will leverage work done through the South Santa Monica Bay WASC. Subcontracted work to be performed by staff of the South Bay Cities Council of Governments (COG) will include continued website hosting, preparation of website analytics for annual reporting, and updating the webpages with additional content as directed by McGowan Consulting. Subcontracted work to be performed by Christine Barnicki/Desktop Design during FY2021 will include completion of the South Bay Rainwater Harvesting Guide based on comments provided by the Beach Cities WMG. Other graphic design/layout assistance may be needed for short narrative pieces and/or a new outreach piece following adoption of the Regional MS4 Permit. As in previous years, it is assumed that McGowan Consulting’s level of effort and supporting subcontracted services for joint outreach will be offset by 50% through combined work for the Peninsula WMG. Task 7.7 Permit/Region-wide Coordination Participation in Los Angeles region-wide WMG Coordination and Regional Board meetings and workshops on behalf of the Beach Cities WMG. During FY2021 this task includes an allocation of time to represent the WMG and participate in Los Angeles region-wide WMG Coordination and Permit negotiation meetings, Regional Board meetings and workshops assuming two (2) Regional Board meetings or workshops plus three (3) Region-wide WMG coordination calls with effort cost- shared between Beach Cities WMG and Peninsula WMG. Additional time is also included for meeting preparation and/or preparation of brief statements of testimony but excludes preparation of formal visual presentations for Regional Board meetings. During FY2122 and FY2223 the effort will be utilized to coordinate as needed with other WMGs and permittees in implementing the new Regional Permit requirements for CIMPs and WMPs, which may include participating in meetings to negotiate revisions to the annual reporting templates. 229 BEACH CITIES WATERSHED COORDINATION SERVICES Page 4 Task 7.8 Regional Project Funding Assistance Assistance aligning joint projects for funding opportunities as directed by the Beach Cities WMG, such as assistance with: presentations to South Bay WASC or submittal of a joint project into the SCW online project module for scoring or for technical resources funding; representation at South Bay Steering Committee meetings of the Greater Los Angeles Integrated Regional Water Management Program (IRWMP) for the final round of Prop 1 IRWM; and coordination between the Beach Cities WMG and other entities such as Industrial sites on potential joint regional projects. Note that the allocation of effort in this task is not sufficient to prepare a full grant proposal. Task 7.9 Watershed Annual Report Preparation of the Beach Cities WMG Watershed Annual Report. This subtask also includes review and coment on the Integrated Monitoring Compliance Report (IMCR) prepared by the CIMP Implementation Consultant for incorporation into the Watershed Annual Report. During FY2021 a level of effort is assumed consistent with previous efforts under the 2012 LA MS4 Permit. An increased effort is assumed for FY2122 and FY2223 to account for new reporting requirements and forms as required following adoption of the Regional MS4 Permit. Cost of Services McGowan Consulting will conduct the work effort as outlined in the above Scope of Services during the period from July 2020 through June 2023 for an amount not to exceed $295,880 as detailed in the attached Budget Table and Rate Schedule. Labor rates for FY2021 are shown in the attached Rate Schedule include automobile mileage, parking fees, and routine printing and copying; labor rates for FY2122 and FY2223 will be adjusted annually based on increases in the Consumer Price Index for the Los Angeles area as calculated by the U.S. Department of Labor – Bureau of Labor Statistics. Other direct costs chargeable to the project may include: subcontracted graphic design, illustration, website design and hosting services; translation services; report reproduction and binding; courier services; and other direct project costs not specifically included in labor rates. An allocation for other direct costs such as for subcontracted graphic design, website updates and hosting services is included as a separate line item in the Budget Table. McGowan Consulting will adhere to the Scope of Services and inform City staff and Beach Cities WMG representatives of changing requirements and emerging issues as part of regular communication. In order to provide a measure of flexibility to best meet the needs of the Beach Cities WMG, it is understood that reallocation of level-of-effort and cost between tasks and subtasks and if necessary between fiscal years may occur so long as the total contract amount is not exceeded.It is the nature of regulatory and monitoring-driven programs to be subject to uncertainty such as unforseen technical issues, new regulatory requirements, or regulatory enforcement action. If it becomes necessary to provide additional consulting services to meet the needs of the Beach Cities WMG and at City of Manhattan Beach staff’s direction, McGowan Consulting will submit an authorization request for a change to the Scope and Cost of Services. 230 BEACH CITIES WATERSHED COORDINATION SERVICES Page 5 Please do not hesitate to contact me if you have any questions or require additional information or clarification regarding this proposal. Thank you for the opportunity and privilege of continuing to provide watershed coordination services for the City of Manhattan Beach and the Beach Cities Watershed Management Group. Sincerely, Kathleen C. McGowan, P.E., ENV SP Principal/Owner McGowan Consulting, LLC Attachments: Budget Table Rate Schedule 231 BEACH CITIES WATERSHED COORDINATION SERVICES Page 6 *Indicates tasks that incorporate cost/labor savings due to work performed in common for two watershed groups Budget Table – Beach Cities Watershed Coordination Services FY20-21 FY21-22 FY22-23 Task Description Labor Hours Estimated Cost Labor Hours Estimated Cost Labor Hours Estimated Cost 7.1 WMG Meeting Agendas and Minutes 48 $6,960 48 $7,200 48 $7,440 7.2 WMG Meeting Preparation and Attendance/Chairing 96 $14,400 96 $14,880 96 $15,360 7.3 WMG Coordination Activities 50 $7,250 50 $7,500 60 $ 9,300 7.4 Adaptive Management 120 $18,000 60 $9,300 70 $11,200 7.5 CIMP Review & Support 30 $4,500 30 $4,650 30 $4,800 7.6 Develop & Manage Joint Outreach* 50 $7,250 60 $9,000 60 $9,300 7.7 Permit/Region-wide Coordination* 60 $9,000 60 $9,300 40 $6,400 7.8 Regional Project Funding Assistance 44 $6,600 44 $6,820 44 $7,040 7.9 Watershed Annual Report 124 $17,980 140 $21,000 140 $21,700 Other Direct Costs Includes subcontracted website hosting by SBCCOG and graphic design and layout for outreach materials* $7,250 $7,250 $7,250 Total All Tasks + Other Direct Costs 622 $99,190 588 $96,900 588 $99,790 Grand Total: July 2020 through June 2023 $295,880 232 BEACH CITIES WATERSHED COORDINATION SERVICES Page 7 McGowan Consulting, LLC Labor Rates Fiscal Year 2020-20211 Professional/Staff Rates Principal $167 per hour Sr. Scientist $138 per hour Staff Scientist $60 per hour Expenses Labor rates include: automobile mileage within greater Los Angeles and Orange County area, parking, routine printing and copying Other direct costs chargeable to the project include: graphic layout and illustration, webpage design and hosting, translation services, report reproduction and binding, courier services, blueprint services, graphics services, project-specific publications, and any other direct project costs not included in the labor rates. 1 Labor rates to be adjusted annually based on increases in the Consumer Price Index for the Los Angeles area as calculated by the U.S. Department of Labor Bureau of Labor Statistics 233 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0769 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 8, 2020 TA 20-3 CITY COUNCIL CONSIDERATION OF AMENDMENTS TO SECTION 17.42.190 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING THE CITY’S LIMITED LIVE ENTERTAINMENT PERMIT PILOT PROGRAM AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Community Development Director Ken Robertson) Recommended Action: The Planning Commission recommends that the City Council: 1.Hold a public hearing to consider TA 20-3 Text Amendment to extend the Limited Live Entertainment Permit Pilot Program and revise the Standards and Limitations to allow minor temporary floor plan changes with Community Development Director approval; 2.Introduce, on first reading, the proposed ordinance approving TA 20-3 text amendments; and 3.Determine the project is exempt from the California Environmental Quality Act. Executive Summary: The proposed text amendments would continue the Limited Live Entertainment Pilot Program for two additional years, for a total of four years from the ordinance effective date on December 13, 2018 and would slightly modify the Standards and Limitations to allow for minor temporary floor plan changes with approval of the Community Development Director to encourage more business participation. Background: The initial request for a Short Term Entertainment Permit (STEP)was proposed by local advocacy group,THRIVE Hermosa.The stated goal was for a simple,inexpensive permit to allow low impact, family-friendly entertainment in order to increase business during off-peak hours in all commercial zones. City of Hermosa Beach Printed on 3/27/2024Page 1 of 6 powered by Legistar™234 Staff Report REPORT 20-0769 City of Hermosa Beach Printed on 3/27/2024Page 2 of 6 powered by Legistar™235 Staff Report REPORT 20-0769 Since the implementation of the Limited Live Entertainment Pilot Program,only one Limited Live Entertainment Permit has been issued.This permit was issued to The Deck,located at 1272 The Strand, on June 12, 2019. Analysis Text Amendment 20-3 HBMC 17.42.190.B.1 Extension of Pilot Program The text amendments approved through TA 18-2 were established by ordinance and approved by City Council, at the Planning Commission’s request , the City Council approved Limited Live Entertainment Permits as a two-year pilot program as indicated in the Zoning Code in italics below. 17.42.190 B. Administrative Permit Required. 1. Limited live entertainment allowed pursuant to this section may be permitted with an administrative permit pursuant to Chapter 17.55 <https://www.codepublishing.com/CA/HermosaBeach/> in the C-1, C-2 and C-3 zones. No permit term shall extend past two (2) years from the effective date of the ordinance codified in this section. The proposed text amendment extends the Limited Live Entertainment Pilot Program as a four-year pilot program as indicated in the Zoning Code in italics below. 17.42.190 B. Administrative Permit Required. 1. Limited live entertainment allowed pursuant to this section may be permitted with an administrative permit pursuant to Chapter 17.55 <https://www.codepublishing.com/CA/HermosaBeach/>in the C-1, C-2 and C-3 zones. No permit term shall extend past four (4) years from the effective date of the ordinance codified in this section, which was December 13, 2018. HBMC 17.42.190.C.4 Revision of Standards and Limitations for Minor Temporary Floor Plan Change Only one Limited Live Entertainment Permit has been issued during the initial two year pilot program. There were other permit inquiries, but requests to alter existing, approved floorplans were seen as a deterrent to potential permit issuance. The recommended text amendment is expected to result in more business applications for a Limited Live Entertainment Permit. City of Hermosa Beach Printed on 3/27/2024Page 3 of 6 powered by Legistar™236 Staff Report REPORT 20-0769 The existing Zoning Code section, part of the Ordinance approved to establish Limited Live Entertainment on September 18, 2028, is shown below. 17.42.190 C. Standards and Limitations. 4. Operations/Seating. The activity must be confined to completely enclosed premises and does not result in the need for additional seating or change in an approved floor plan to accommodate the limited live entertainment and/or accommodate a stage for the entertainment, dancing or hosting of an activity or event. The proposed text amendment allows minor temporary floor plan changes upon approval of the Community Development Director. The proposed text to be added is indicated in the Zoning Code in italics below. 17.42.190 C. Standards and Limitations. 4. Operations/Seating. The activity must be confined to completely enclosed premises and does not result in the need for additional seating or change in an approved floor plan to accommodate the limited live entertainment and/or accommodate a stage for the entertainment, dancing or hosting of an activity or event.A minor temporary floor plan change may be allowed upon approval of the Community Development Director for the duration of the Limited Live Entertainment, but must be returned to the approved floor plan after the Limited Live Entertainment activity is completed. The Planning Commission adopted Resolution No. 20-27 on November 17, 2020 to recommend that the City Council adopt the Limited Live Entertainment Permit text amendments. General Plan Consistency: PLAN Hermosa, the City’s General Plan, was adopted by the City Council in August 2017. The Text Amendment supports PLAN Hermosa goals and policies that are listed below. Land Use Element 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. 1.7 Compatibility of Uses. Ensure the placement of new uses does not create or exacerbate nuisances between different types of land uses. City of Hermosa Beach Printed on 3/27/2024Page 4 of 6 powered by Legistar™237 Staff Report REPORT 20-0769 Goal 2. Neighborhoods provide for diverse needs of residents of all ages and abilities, and are organized to support healthy and active lifestyles. Policies: 2.9 Neighborhood-serving retail. Support the retention of existing neighborhood-serving retail and services in key locations throughout the City Goal 3. A series of unique, destination-oriented districts throughout Hermosa Beach . ·3.3 Diverse retail and office centers. Provide incentives to transform existing single-use commercial properties that are accessible into retail destinations by adding a diversity of uses, providing new pedestrian connections to adjacent residential areas, reducing the visual prominence of parking lots, making the centers more pedestrian-friendly and enhancing the definition and character of street frontage and associated streetscapes. Environmental Analysis The project is exempt from the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code Section 21080(b)(1), because CEQA does not apply to ministerial projects proposed to be carried out or approved by public agencies. The project is statutorily exempt from CEQA in that it allows for approval of limited events within approved businesses only. Additionally, the zone text changes are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 of the CEQA Guidelines. Section 15061 states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. No possibility exists that the proposed zone text amendments would have a significant effect on the environment because the zone text amendments would continue and modify standards for Limited Live Entertainment Permits. Fiscal Impact There is no fiscal impact associated with the recommended action. Attachments: 1.Proposed Ordinance 2.Link to November 17, 2020 Planning Commission Meeting 3.Planning Commission Resolution 20-27 Recommending City Council Approval November 17, 2020 4.Link to October 20, 2020 Planning Commission Meeting 5.Link to October 23, 2018 City Council Meeting 6.Ordinance 18-1388 Approved October 23, 2018 7.Link to September 18, 2018 Planning Commission Meeting 8.Planning Commission Resolution 18-25 Recommending City Council Approval September 18, 2018 City of Hermosa Beach Printed on 3/27/2024Page 5 of 6 powered by Legistar™238 Staff Report REPORT 20-0769 Respectfully Submitted by: Christy Teague, Senior Planner Concur: David Blumenthal, Senior Planner Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 3/27/2024Page 6 of 6 powered by Legistar™239 1 ORDINANCE NO. 20-xx AN ORDINANCE REGARDING LIMITED LIVE ENTERTAINMENT PERMITS AMENDING THE HERMOSA BEACH MUNICIPAL CODE AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA The City Council of the City of Hermosa Beach does ordain as follows: Section 1. Section 17.42.190 of Chapter 17.42 of Title 17 of the Hermosa Beach Municipal Code is amended: B. Administrative Permit Required. 1. Limited live entertainment allowed pursuant to this section may be permitted with an administrative permit pursuant to Chapter 17.55 in the C-1, C-2 and C-3 zones. No permit term shall extend past four (4) years from the effective date of the ordinance codified in this section, which was December 13, 2018. Section 2. Section 17.42.190 of Chapter 17.42 of Title 17 of the Hermosa Beach Municipal Code is amended: C. Standards and Limitations. 4. Operations/Seating. The activity must be confined to completely enclosed premises and does not result in the need for additional seating or change in an approved floor plan to accommodate the limited live entertainment and/or accommodate a stage for the entertainment, dancing or hosting of an activity or event. A minor temporary floor plan change may be allowed upon approval of the Community Development Director for the duration of the Limited Live Entertainment, but must be returned to the approved floor plan after the Limited Live Entertainment activity is completed. Section 3. The proposed amendments to Title 17 of the Hermosa Beach Municipal Code are to continue the Limited Live Entertainment Pilot Program . The amendments will not impede the City’s ability to meet its General Plan goals and the amendments are necess ary to carry out the purposes of the Zoning Ordinance, including the orderly planned use of land resources. Section 4. On November 17, 2020, the Planning Commission approved Resolution 20-27 recommending TA 20-3 Text Amendment to the City Council. Section 5. On December 8, 2020, the City Council conducted a public hearing to consider TA 20-3 Text Amendment and introduced this ordinance regarding Limited Live Entertainment Permits and amending the Hermosa Beach Municipal Code. 240 2 Section 6. The City Council of the City of Hermosa Beach hereby finds, determines, and declares the recitals and findings above are true and correct and are adopted as findings by the City Council. Section 7. The City Council of the City of Hermosa Beach hereby further finds, determines, and declares the project is exempt from the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code Section 21080(b)(1), because CEQA does not apply to ministerial projects proposed to be carried out or approved by public agencies. The project is statutorily exempt from CEQA in that it allows for approval of limited events within approved businesses only. Additionally, the zone text changes are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 of the CEQA Guidelines. Section 15061 states that CEQA applies only to projects that have the potential for causing a significant effect on the environment.. No possibility exists that the proposed zone text amendments will have a significant effect on the environment because the zone text amendments will continue and modify standards for Limited Live Entertainment Permits. Section 8. The City Council of the City of Hermosa Beach hereby further finds, determines, and declares the Text Amendment is consistent with the goals and policies of PLAN Hermosa (the City’s combined General Plan and Local Coastal Program) adopted in August 2017. The Text Amendment supports PLAN Hermosa goals and policies that are listed below. Specifically, the Text Amendment will implement, in part, the following policies in the Land Use Element of the General Plan: 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.  1.7 Compatibility of Uses. Ensure the placement of new uses does not create or exacerbate nuisances between different types of land uses. Goal 2. Neighborhoods provide for diverse needs of residents of all ages and abilities, and are organized to support healthy and active lifestyles. Policies:  2.9 Neighborhood-serving retail. Support the retention of existing neighborhood-serving retail and services in key locations throughout the city. Goal 3. A series of unique, destination-oriented districts throughout Hermosa Beach.  3.3 Diverse retail and office centers. Provide incentives to transform existing single-use commercial properties that are accessible into retail destinations by adding a diversity of uses, providing new pedestrian connections to adjacent residential areas, reducing the visual prominence of parking lots, making the centers more pedestrian-friendly and enhancing the definition and character of street frontage and associated streetscapes. 241 3 PASSED, APPROVED, and ADOPTED this ____ day of _____________, 2020 _______________________________________ MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: __________________________ _________________________ City Clerk City Attorney 242 1 RESOLUTION P.C. 20-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HERMOSA BEACH RECOMMENDING CITY COUNCIL APPROVAL OF TEXT AMENDMENTS TO MUNICIPAL CODE TITLE 17.42.190 FOR LIMITED LIVE ENTERTAINMENT PILOT PROGRAM, AND DETERMINING THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The Planning Commission of the City of Hermosa Beach does hereby resolve as follows: SECTION 1. The Planning Commission held a duly noticed public hearing on November 17, 2020 consider a text amendment to Municipal Code Title Section 17.42.190, as described in the proposed ordinance attached as Exhibit A. SECTION 2. The project is exempt from the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code Section 21080(b)(1), because CEQA does not apply to ministerial projects proposed to be carried out or approved by public agencies. The project is statutorily exempt from CEQA in that it allows for approval of limited live entertainment within approved businesses only. Additionally, the zone text changes are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 of the CEQA Guidelines. Section 15061 states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. No possibility exists that the proposed zone text amendments will have a significant effect on the environment because the zone text amendments include standards for limited live entertainment permits. SECTION 3. The Planning Commission finds that the proposed amendments to the Municipal Code to allow Limited Live Entertainment are consistent with the City’s General Plan vision to support the vibrant local economy and Land Use Policy 1.4 for Diverse Commercial Areas. The ordinance also furthers the general purpose of the zoning ordinance to address and review standards and criteria to assure compatibility as accessory uses within existing businesses. 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. 243 2 SECTION 4. The Planning Commission hereby recommends City Council approval of the proposed ordinance attached hereto as Exhibit A. VOTE: AYES: NOES: ABSTAIN: ABSENT: CERTIFICATION I hereby certify that the foregoing Resolution P.C. 20-xx 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 17, 2020. ___________________________________ _________________________ Rob Saemann, Chairperson Ken Robertson, Secretary Date 244 3 Exhibit A ORDINANCE NO. _______ AN ORDINANCE REGARDING LIMITED LIVE ENTERTAINMENT PERMIT AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the City of Hermosa Beach does ordain as follows: Section 1. Section 17.42.190 of Chapter 17.42 of Title 17 Section of the Hermosa Beach Municipal Code is amended: 17.42.190 B. Administrative Permit Required. 1. Limited live entertainment allowed pursuant to this section may be permitted with an administrative permit pursuant to Chapter 17.55 in the C-1, C-2 and C-3 zones. No permit term shall extend past December 13, 2022. Section 2. Section 17.42.190 of Chapter 17.42 of Title 17 of the Hermosa Beach Municipal Code is amended: 17.42.190 C. Standards and Limitations. 4. Operations/Seating. The activity must be confined to completely enclosed premises and does not result in the need for additional seating or permanent change in an approved floor plan to accommodate the limited live entertainment and/or accommodate a stage for the entertainment, dancing or hosting of an activity or event. A minor temporary floor plan change may be allowed upon approval of the Community Development Director for the duration of the Limited Live Entertainment, but must be returned to the approved floor plan after the Limited Live Entertainment activity is completed. Section 3. The proposed amendments to Title 17 of the Hermosa Beach Municipal Code are to continue the Limited Live Entertainment Pilot Program. 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. 245 246 247 248 249 250 251 252 253 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0779 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 08, 2020 RECEIVE VERBAL REPORT ON EMERGENCY ENFORCEMENT MEASURES TO ENSURE COMPLIANCE WITH PANDEMIC-RELATED HEALTH ORDERS FROM BOTH THE CITY AND THE COUNTY OF LOS ANGELES HEALTH DEPARTMENT (City Manager Suja Lowenthal and Police Chief Paul LeBaron) City of Hermosa Beach Printed on 3/27/2024Page 1 of 1 powered by Legistar™254 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 1 DATE ORDINANCE/RESOLUTION EXPIRATION DATE March 16, 2020 Resolution No. 20-7230 Confirming the Proclamation of a Local Emergency. Pursuant to Section 5: Pursuant to the authority prescribed by Hermosa Beach Municipal Code Section 2.56.090, the City Council hereby orders as follows (the “Order”), to take effect immediately and remain in effect until March 28, 2020, unless extended by the City Council or City Manager: A. All restaurants, alcohol beverage establishments and snack shops in the City are hereby ordered closed to onsite patronage; provided, however, that take-out orders and delivery of meals are permitted provided that take-out orders are picked up by a single person and the establishment maintains social distance in any necessary queuing of patrons. B. All formal and informal organized and group activities, games and sports, with the exception of family outings, are hereby prohibited in all City parks and the beach; C. The City shall prohibit access to play structures at all City parks; D. The City shall post signs at all City parks advising that: i. COVID-19 is known to survive on various surfaces such as children’s play equipment, bathroom surfaces, tables, benches, railings, and other fixtures, for 72 or more hours; and ii. Park users shall maintain social distance as prescribed by Beach Cities Health District, as provided in Exhibit 1 attached hereto; iii. Park users with symptoms consistent with COVID-19 infection are encouraged to isolate themselves at home and contact their health care provider or, if they do not have a health care provider, the Los Angeles County Department of Health to assist with receiving prompt diagnosis and care. Section 5 requirements: until March 28, 2020, unless extended by the City Council or City Manager. No expiration date set for Section 6 Measures. 255 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 2 Pursuant to Section 6: A. Commercial landlords in the City are hereby prohibited from (I) charging rent and (II) evicting commercial tenants for nonpayment of rent with respect to tenants whose businesses are subject to the Order or are otherwise limited or closed (voluntarily or by mandate) to prevent or reduce the spread of COVID-19 and who demonstrate lost income and inability to pay rent as a result of such limitation or closure. A landlord knows of a tenant’s lost income and inability to pay rent within the meaning of this Order if the tenant, within 30 days after the date rent is due, notifies the landlord in writing of the lost income and inability to pay rent due to a limitation or closure of the tenant’s business related to COVID- 19, with appropriate supporting documentation. If a tenant suffers only a partial loss of income, the tenant shall pay the pro-rated share of their rent that corresponds to the income they generated during the period of loss. B. Residential landlords in the City are hereby prohibited from (I) charging rent and (II) evicting residential tenants for nonpayment of rent with respect to tenants whose income is reduced or eliminated as a result of efforts to prevent or reduce the spread of COVID-19 and who demonstrate lost income and inability to pay rent as a result of such loss. A landlord knows of a tenant’s lost income and inability to pay rent within the meaning of this Order if the tenant, within 30 days after the date rent is due, notifies the landlord in writing of the lost income and inability to pay rent due to such loss, with appropriate supporting documentation. If a tenant suffers only a partial loss of income, the tenant shall pay the pro-rated share of their rent that corresponds to the income they generated during the period of loss. March 24, 2020 Urgency Ordinance No. 20-1406U, Temporary Moratorium on Evictions for Nonpayment of Rent by Residential Tenants and Commercial Tenants, and Temporary Suspension on Residential and Commercial Foreclosures This Moratorium replaced the eviction moratorium in Resolution No. 20-7230 May 31, 2020 256 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 3 April 14, 2020 Urgency Ordinance No. 20-1407U, To Amend the Temporary Moratorium on Foreclosures and Evictions Due to Non-Payment of Rent by Residential and Commercial Tenants Impacted by COID-19. Amended the Eviction Moratorium in 20-1406U in its entirety in light of Governor Newsom’s Financial Relief Package announced on March 25, 2020. May 31, 2020 April 22, 2020 City Manager/Director of Emergency Services Executive Order No. 2020-01 Pursuant to Section 2: 1. Cancellation of non-essential large public events, senior and community programs, and limitations on public access to some City facilities (effective March 12, 2020). 2. Cancellation of P.A.R.K. After School Program (effective March 13, 2020). 3. Closure of City Hall (effective March 16, 2020). 4. Cancellation of Wednesday Farmers Market (effective March 18, 2020) and Friday Farmers Market (effective March 20, 2020). 5. Business License renewal dates extended to May 31, 2020 (effective March 25, 2020). 6. Parking Permit renewal dates extended to May 31, 2020 (effective March 25, 2020). 7. Parking citation unbilled late fees delayed until May 31, 2020 (effective March 25, 2020). 8. Parking citation DMV holds delayed until May 31, 2020 (effective March 25, 2020). Shall continue until the earlier to occur of: (1) the conclusion of the local emergency; (2) its termination is ordered by the City Manager/Director of Emergency Services; or (3) it is duly terminated by the City Council. The Order may also be superseded by a duly enacted ordinance or order of the City Council expressly superseding this Order. 257 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 4 9. Temporary banner permit requirements waived through May 31, 2020 (effective March 25, 2020). 10. Closure of beach and Strand (effective March 27, 2020). 11. Closure of City parks on Easter Sunday (effective April 9, 2020). *This order was confirmed at the April 28th meeting. April 27, 2020 City Manager/Director of Emergency Services Executive Order No. 2020-02 Pursuant to section 2: 1. The ten cents ($0.10) per recycled paper carryout bag charged to customers by affected retail establishments provided by Hermosa Beach Municipal Code Section 8.68.040 is hereby suspended. 2. All restaurants, snack shops and similar businesses that serve food (and, optionally, groceries) and alcohol via delivery, pick-up or drive-thru shall not provide any alcohol to a customer prior to providing the entire food/meal order; i.e. all alcohol shall be provided to the customer concurrently with the delivery of food. All such establishments shall monitor customers waiting for food to ensure that no one is consuming alcohol on or adjacent to the premises. *This Order was confirmed at the May 12th meeting. Shall continue until the earlier to occur of: (1) the conclusion of the local emergency; (2) its termination is ordered by the City Manager/Director of Emergency Services; or (3) it is duly terminated by the City Council. The Order may also be superseded by a duly enacted ordinance or order of the City Council expressly superseding this Order. May 14, 2020 City Manager/Director of Emergency Services Executive Order No. 2020-03 Pursuant to Section 2: Consistent with the provisions of the County Health Officer’s May 13, 2020 Revised Order, the beach will be open from 6:00 a.m. to 9:00 p.m. subject to the following: Shall continue until the earlier to occur of: (1) the conclusion of the local emergency; (2) its termination is ordered by the City Manager/Director of Emergency Services; or (3) it is duly terminated by the City Council. The Order may 258 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 5 1. Only the following limited activities are allowed: i. Individual or household ocean activities such as surfing, swimming, kayaking, paddle boarding, and body surfing. ii. Individual or household active recreation and exercise such as walking and running where the participants do not remain in a stationary location. 2. The following activities are prohibited: i. Sunbathing, sitting, lying on the sand and other stationary activities (such as yoga, calisthenics, or meditation). ii. Picnicking. iii. Use of chairs, canopies or coolers. iv. Biking. v. Group or organized sports such as volleyball vi. Gatherings or events. vii. Fishing. 3. Individuals/households must exit the beach immediately after they recreate. 4. All beachgoers must follow the following safety requirements: i. Maintain more than 6 feet physical distance from others at all times (except between members of same household). ii. Wear face coverings, when out of the water and around others (except for children under age 2 and children with breathing problems). 5. All City parks and the beach are closed daily from 9:00 p.m. to 6:00 a.m. 6. The Strand and Pier remain closed. 7. City parking facilities are subject to the following regulations, subject to further modification by the City Manager/Director of Emergency Services also be superseded by a duly enacted ordinance or order of the City Council expressly superseding this Order. 259 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 6 as may be required to maintain public safety and order and to enforce the City’s emergency orders: i. All, or parts of, Lot A, Lot B, Lot C, and Lot D will be closed. ii. Temporary short-term parking spaces will be established in Lot A and Lot D. iii. Monthly permit parking spaces will be provided in Lot D. iv. Temporary parking spaces will be designated at various locations on City streets. 8. Consistent with the provisions of the County Health Officer’s May 13, 2020 Revised Order, all Lower Risk retail Businesses that sell goods and services to the public may only provide these goods and services to the public via curbside, doorside, or other outdoor or outside pickup, or via delivery. Members of the public are not permitted inside a retail Low-Risk Retail Business. Lower Risk Businesses may set up a table or shade structure in a manner to accommodate pickup, provided that patrons practice social distancing as provided in the May 13, 2020 Revised Order and provided that minimum 5-foot clearance is maintained along public walkways. Outdoor display of merchandise is prohibited. 9. In addition to enforcement remedies available to the City as provided in the Hermosa Beach Municipal Code, emergency executive orders issued by the City Manager/Director of Emergency Services and emergency resolutions adopted by the City Council shall be enforceable by way of: i. Imposing an administrative citation pursuant to HBMC Chapter 1.10. ii. Prosecuting a misdemeanor, punishable by a fine of not to exceed one thousand ($1,000) dollars or by imprisonment for not to exceed six months, or both. *This Order was confirmed during the May 26th meeting as amended by Resolution 7236. 260 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 7 May 21, 2020 City Manager/Director of Emergency Services Executive Order No. 2020-04 Pursuant to Section 3. The City Manager and Director of Emergency Services now seeks to extend the duration of the emergency orders listed in Section 5 of Resolution No. 20-7230, as revised and restated below. The following emergency orders are issued effective as of the date set forth below and shall supersede any previous emergency orders inconsistent herewith: A. All restaurants, alcohol beverage establishments and snack shops in the City are hereby ordered closed to onsite patronage; provided, however, that (i) take-out orders and delivery of meals are permitted, provided that take-out orders are picked up by way of a drive-through window or by a single person and the establishment maintains social distance in any necessary queuing of patrons, and (ii) outdoor dining will be permitted upon issuance of and as provided in Executive Order 2020-05. B. All gyms and fitness centers are hereby ordered closed in accordance with the March 16, 2020 Order of the Health Officer of the Los Angeles County Department of Public Health. C. All formal and informal organized and group activities of any size, including but not limited to all games and sports, with the exception of family outings and use of the City’s tennis and pickleball courts in accordance with City regulations, are hereby prohibited in all City parks, the beach, Pier Plaza and other public spaces. D. Access to play structures and exercise equipment in all City parks, the beach, and the Greenbelt is hereby prohibited. E. The City shall post signs at all City parks, the Greenbelt, the beach, Pier Plaza and the Strand advising that: I. COVID-19 is known to survive on various surfaces such as children’s play equipment, bathroom surfaces, tables, benches, railings and other fixtures, for 72 or more hours; The Order may be superseded by a duly enacted ordinance or order of the City Council expressly superseding this Order. 261 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 8 II. Users of public spaces shall maintain social distance as prescribed by Beach Cities Health District, as provided in Exhibit 1 attached hereto; and III. Users of public spaces with symptoms consistent with COVID-19 infection are encouraged to isolate themselves at home and contact their health care provider, or if they do not have a health care provider, the Los Angeles County Department of Health to assist with receiving prompt diagnosis and care. Pursuant to Section 4: In addition to the emergency orders listed in Section 3 above, the City Manager and Director of Emergency Services further orders that: A. The enforcement of City street sweeping restrictions suspended on March 16, 2020, as a part of the City’s effort to combat COVID-19, shall resume on June 8, 2020. *This Order was confirmed at the May 26th meeting. May 21, 2020 Resolution No. 7236, Rescinding Portions of Executive Order Nos. 2020-01 and 2020-03 to reopen the Strand: Pursuant to Section 2:The Strand is re-open for public use effective 6:00 a.m. on Saturday, May 23, 2020; Section 2, paragraph 10 of Executive Order No. 2020-01 and Section 2, paragraph 3 of Executive Order No. 2020-03 are hereby rescinded. No expiration date stated. May 26, 2020 Urgency Ordinance No. 20-1409U, Extending the Temporary Moratorium on Evictions Pursuant to Section 2: Ordinance No. 20-1407U will remain in effect until July 31, 020. All other provisions of Ordinance No. 20-1407U remain the same. Eviction Moratorium Period extended to July 31, 2020. 262 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 9 May 26, 2020 Executive Order No. 2020-05, Implementing a Temporary Permit for Outdoor Dining/Seating and Outdoor Retail Display to Assist in the Reopening of Restaurants, and Food and Retail Establishments. Pursuant to Section 2: A. Established a temporary permit program for outdoor dining/seating. B. Established a temporary permit program to permit City businesses to display merchandise on the street. C. Provisions of HBMC §§ 17.26.050(B), (C),and 17.44.030. *This Order was confirmed at the June 9th meeting. Shall continue until the earlier to occur of: (1) the conclusion of the local emergency; (2) its termination is ordered by the City Manager/Director of Emergency Services; or (3) it is duly terminated by the City Council. The Order may also be superseded by a duly enacted ordinance or order of the City Council expressly superseding this Order. June 9, 2020 Urgency Ordinance No. 1410U, Implementing a Temporary Permit for Outdoor Dining/Seating and Outdoor Retail Display to Assist in the Reopening of Restaurants, Food, and Retail: Section 2 reiterates subsection (A) and (C) in Executive Order No. 2020-05 above, and suspends these additional HBMC §§ 17.38.550(B), 12.16.090 and 12.16.100. No expiration date stated. June 15, 2020 City Manager/Director of Emergency Services Order No. 2020-06 Pursuant to Section 2. The following emergency order shall supersede Section 2, paragraphs 1 and 2 (only as applied to the beach) of Executive Order No. 2020-03: The beach will be open from 6:00 a.m. to 12:00 a.m. subject to the following: a. The following activities are allowed: i. Individual or household ocean activities such as surfing, swimming, kayaking, paddle boarding, and body surfing. ii. Individual or household active recreation and exercise such as walking and running. Shall continue until the earlier to occur of: (1) the conclusion of the local emergency; (2) its termination is ordered by the City Manager/Director of Emergency Services; or (3) it is duly terminated by the City Council. The Order may also be superseded by a duly enacted ordinance or order of the City Council expressly superseding this Order. 263 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 10 iii. Sitting, lying, picnicking or otherwise congregating or engaging in stationary activities (such as yoga, calisthenics, or meditation on the sand individually or with members of the same household. iv. Use of chairs, canopies or coolers. b. The following activities are prohibited: v. Group or organized sports such as volleyball. vi. Gatherings or events. c. All beachgoers must follow the following safety requirements: i. Maintain more than 6 feet physical distance from others at all times (except between members of same household) ii. Wear face coverings, when out of the water and in contact with others who do not belong to the same household (except for children under age 2 and children with breathing problems). Pursuant to Section 3. The following emergency order shall supersede Section 2, paragraph 3 of Executive Order No. 2020-03: The City Pier will re-open on June 15, 2020 for normal operational hours of 6:00 AM to 10:00 PM. Pier users must maintain physical distance, avoid gatherings and wear a face covering when physical distance cannot be maintained. Pursuant to Section 4. The following emergency order shall supersede Section 2, paragraph 5 of Executive Order No. 2020-03 and Section 3, paragraph A of Executive Order No. 2020-04: A. Lower risk retail businesses may open for business in accordance with Appendix B of the June 11 Revised Order. 264 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 11 B. Non-retail lower risk manufacturing and logistics sector business that supply low-risk retail business may open for business in accordance with Appendix C of the June 11 Revised Order. C. Non-essential office-based businesses may open for business in accordance with Appendix D of the June 11 Revised Order. D. Hair salons and barbershops may open for business in accordance with Appendix H of the June 11 Revised Order. E. Art galleries and museums may open for business in accordance with Appendix M of the June 11 Revised Order. Pursuant to Section 5. Section 3, Paragraph B of Executive Order No. 2020-04 pertaining to gyms and fitness centers is rescinded and those businesses may re- open in compliance with Gym and Fitness Establishments Protocols (Appendix L) of the June 11 Revised Order. Pursuant to Section 6. Notwithstanding the provisions of Section 3, paragraph C of Executive Order No. 2020-04 to the contrary: A. Day Camps and Camp Permits. City run and City-permitted day camps are permitted to resume operations. Camp operators must comply with the Los Angeles County Health Department Day Camp Protocol (Appendix K) and submit the completed protocol checklist to the City prior to issuance of a permit. B. Outdoor Fitness Permits. Outdoor fitness instruction will be permitted to resume only for activities that are specifically allowed within the June 11 Revised Order. Operators must comply with the Los Angeles County Public Health Department Gym and Fitness Protocol (Appendix L) and submit the completed protocol checklist to the City prior to issuance of a permit. Pursuant to Section 7. Notwithstanding the provisions of Section 2, paragraph 4 of Executive Order No. 2020-03 to the contrary: 265 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 12 A. Parking Lot A is reopened for use for non-permit holders with a new time limit of 3 hours per day, and for use by monthly permit holders. B. Parking Lot B is reopened for use for non-permit holders. C. Parking Lot D temporary restrictions are removed. *This Order was confirmed at the June 23rd meeting. June 24, 2020 City Manager/Director of Emergency Services Executive Order No. 2020-07 Pursuant to Section 2. The following emergency order shall supersede Section 3, paragraph A of Executive Order No. 2020-04: Bars, wineries and brewery tasting rooms may open for business in accordance with Appendix S of the County Health Officer’s June 18, 2020 Revised Order. Shall continue until the earlier to occur of: (1) the conclusion of the local emergency; (2) its termination is ordered by the City Manager/Director of Emergency Services; or (3) it is duly terminated by the City Council. The Order may also be superseded by a duly enacted ordinance or order of the City Council expressly superseding this Order. June 29, 2020 City Manager/Director of Emergency Services Executive Order No. 2020-08. Pursuant to Section 2: Bars, wineries, breweries and wine tasting rooms are closed in accordance with paragraph 7, subsections (b) and (c) of the Revised Order (Revised Order refers to LA County Health June 29, 2020 Health Order) Pursuant to Section 3: Restaurants and food facilities must abide by paragraph 18, subsection (l) of the County Health Officer’s Revised Order and Appendix I, to establish a “reservation only” system to notify patrons of seating availability and to allow for the collection of contact information to be utilized for contact-tracing if needed. Shall continue until the earlier to occur of: (1) the conclusion of the local emergency; (2) its termination is ordered by the City Manager/Director of Emergency Services; or (3) it is duly terminated by the City Council. The Order may also be superseded by a duly enacted ordinance or order of the City Council expressly superseding this Order. 266 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 13 *This Order was confirmed at the July 1st meeting. July 1, 2020 Resolution No. __, Temporarily Suspending for the Duration of the Fourth of July Holiday Weekend Specified City Manager Orders and City Council Resolutions Pursuant to Section 2: A. Notwithstanding Section 2(4) of Executive Order No. 2020-03, the following City parking facilities are closed from12:01 a.m. July 3, 2020 through 5:00 a.m. on the morning of July 6, 2020: a. Parking Lot A; and b. Parking Lot B spaces will be reassigned for use by monthly permit holders only. B. Notwithstanding Executive Order No. 2020-05 and any ordinance or permit entitlement to the contrary, all dine-in restaurants in the City shall close for business at 11:00 p.m. each evening until 5:00 a.m. the following morning from July 3, 2020 to and including July 5, 2020. C. Notwithstanding any ordinance or permit entitlement to the contrary, all off-sale alcohol establishments, including but not limited to liquor stores and grocery stores, shall cease all sales of alcoholic beverages at 11:00 p.m. each evening until 6:00 a.m. the following morning from July 3, 2020 to and including July 5, 2020. D. Lower Pier Plaza is closed from 12:01 a.m. through 5:00 a.m. the same morning from July 4, 2020 to and including July 6, 2020. These are temporary measures and shall expire on the BOLD dates to the left. July 17, 2020 City Manager/Director of Emergency Services Executive Order No. 2020-09, Implementing Emergency Measures to Temporarily Permit Gyms, Fitness Facilities, Hair Salons and Barbershops to Operate Outdoors During the COVID-19 Crisis. Shall continue until the earlier to occur of: (1) the conclusion of the local emergency; (2) its termination is ordered by the City Manager/Director of Emergency 267 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 14 Pursuant to Section 2: • Hermosa Beach Municipal Code sections 17.26.050(B), 17.44.030 and 17.38.550 are temporarily suspending during the term of City State and LA County COVID-19 emergency orders to temporarily permit gyms, fitness facilities, hair salons and barbershops to operate outdoors. *This Order was confirmed at the July 28th meeting. Services; or (3) it is duly terminated by the City Council. The Order may also be superseded by a duly enacted ordinance or order of the City Council expressly superseding this Order. July 28, 2020 Urgency Ordinance No. 20-1415U, Temporarily Suspending Local Zoning to Permit Specified Businesses to Operate Outdoors, Permit Certain Home occupations to Operate without a Commercial Business Location and Require Members of the Public to wear a Face Covering. Pursuant to Section 2. Hermosa Beach Municipal Code Sections 17.26.050 (B), 17.44.030, 17.38.550(B) and 17.08.020(D)(14) regarding uses permitted within commercial zones, off-street parking requirements for commercial and business uses within commercial zones, and home occupation permits are temporarily suspended to allow for the implementation of items A and B below on a temporary basis during the term of the City, State and Los Angeles County COVID-19 emergency orders: A. Gyms, fitness centers, hair salons, barbershops and personal care establishments (to the extent permitted by the State Board of Barbering and Cosmetology) may operate outdoors to assist in their economic recovery in accordance with the “Outdoor Commercial Uses Operational Standards” attached hereto as Exhibit A and incorporated herein by reference. B. Consistent with the Los Angeles County Health Officer Reopening Protocol for Personal Care Establishment in Appendix R, “personal care services” shall include: nail salons, tanning salons, esthetician, skin care, cosmetology services and massage therapy (in a non-healthcare setting). Electrology, tattooing, microblading, permanent make-up and piercing may not operate outdoors because they are invasive procedures that require a controlled hygienic environment to be performed safely. Mobile or in-home personal care services are not allowed. The measures adopted in Section 2, are temporary and shall continue during the term of the City, State and Los Angeles County COVID-19 emergency orders No specific expiration date set for Section 3. No specific expiration date set for Section 4. 268 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 15 C. Professional offices, including but not limited to the healing arts, law, accounting, real estate, clergy, insurance and similar professional or semiprofessional offices may render their services from their residence with a home occupation permit regardless if they comply with Municipal Code section 17.08.020(D)(14), to allow them to continue to operate and pursue their livelihoods while complying with California and Los Angeles County Health orders in response to COVID-19. Pursuant to Section 3. The following emergency measures are adopted: A. All persons shall wear a face covering over both the nose and mouth whenever they are present in the following locations within the City: a. The Beach. b. Downtown Hermosa Beach, defined as (i) the area bounded by the southerly edge of the 10th Street right-of-way on the south, the northerly edge of the 14th Street right-of-way on the north, the easterly edge of the Strand on the west and the easterly edge of the Hermosa Avenue right-of-way on the east, and (ii) Upper Pier Avenue (inclusive of sidewalks) from Hermosa Avenue to Valley Drive. c. The Greenbelt. d. All City parks. e. Pier Plaza. f. The Strand. B. All persons shall wear a face covering over both the nose and mouth whenever they leave their place of residence and are or can be in contact with or walking near or past others who are non-household members in both public and private places whether indoors or outdoors, in all locations in the City other than those locations described in and subject to the proscription set forth in paragraph A of this Section 3. C. Paragraphs A and B of this Section 3 shall not apply to: a. Persons younger than two years old; 269 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 16 b. Persons who have been instructed by a medical provider not to wear a face covering due to a medical condition, mental health condition, or disability that prevents wearing a face covering; c. Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication; d. Persons who are swimming or engaged in other water-based activities; and e. Healthcare workers, first responders, and others whose work requires close contact with people who are ill. D. For purposes of this Ordinance, “face covering” shall mean: fabric coverings, such as cloth masks, scarves, bandanas, tightly woven fabric such as cotton t-shirt, and some types of towels that cover the nose and mouth. Medical- grade masks and N-95 respirators are not required. E. Persons who are seated at a restaurant or other establishment that offers food or beverage service shall wear a cloth face covering over both the nose and mouth unless they are eating or drinking. F. With respect to persons on the beach, this Ordinance supersedes Section 2(c)(ii) of City Manager Executive Order No. 2020-06. G. The provisions of this Section 3 shall be enforced by way of issuance of administrative citations pursuant to HBMC Chapter 1.10. Pursuant to Section 4. In addition to enforcement remedies available to the City as provided in the Hermosa Beach Municipal Code, emergency executive orders issued by the City Manager/Director of Emergency Services and confirmed by City Council, and emergency ordinances, orders and resolutions adopted by the City Council shall be enforceable by way of: A. Imposing an administrative citation pursuant to HBMC Chapter 1.10. 270 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 17 B. Prosecuting a misdemeanor, punishable by a fine of not to exceed one thousand ($1,000) dollars or by imprisonment for not to exceed six months, or both. July 28, 2020. Urgency Ordinance No. 2020-1414U, Extending the Temporary Moratorium on Evictions During the COVID-19 Pandemic Pursuant to Section 2. A. During the moratorium period declared in response to COVID-19, no landlord shall endeavor to evict a tenant for nonpayment of rent if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts related to COVID-19. The moratorium period is March 16, 2020 through September 30, 2020. B. Nothing in this ordinance shall relieve the tenant of liability for the unpaid rent, which the landlord may seek after expiration of the moratorium period and the tenant must repay within six months of the expiration of the moratorium period. A landlord may not charge or collect a late fee or interest for rent that is delayed for the reasons stated in this ordinance; nor may a landlord seek rent that is delayed for the reasons stated in this ordinance through the eviction process. A landlord shall not commence an eviction during the six months after the end of the moratorium period so long as the tenant pays rent in a timely manner after the moratorium period and is repaying the past due rent that accrued during the moratorium period. Nonpayment of rent in accordance with the terms of this ordinance shall not be grounds for eviction of a tenant even after expiration of the moratorium period. Pursuant to Section 3. A. During the moratorium period declared in response to COVID-19, no commercial landlord shall endeavor to evict a tenant for nonpayment of rent if the tenant demonstrates that the tenant’s businesses is subject to the Orders referenced in Section 1 of this Ordinance or is otherwise limited or closed (voluntarily or by mandate) to prevent or reduce the spread of COVID-19 and the tenant demonstrates lost income and inability to pay rent as a result of such Moratorium period for both commercial and residential tenants is March 16 through September 30, 2020 271 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 18 limitation or closure or other demonstrated financial impact related to COVID-19. The moratorium period is March 16, 2020 through September 30, 2020. B. Nothing in this ordinance shall relieve the tenant of liability for the unpaid rent, which the landlord may seek after the expiration of the moratorium period and the tenant must pay within six months of the expiration of the moratorium period. A landlord may not charge or collect a late fee or interest for rent that is delayed for the reasons stated in this ordinance; nor may a landlord seek rent that is delayed for the reasons stated in this ordinance, through the eviction process during or after the moratorium period. A landlord shall not commence an eviction during the six months after the end of the moratorium period for non- payment of rent, so long as the tenant pays rent in a timely manner after the moratorium period and is repaying the past due rent that accrued during the moratorium period. Nonpayment of rent in accordance with the terms of this ordinance shall not be grounds for eviction of a tenant even after expiration of the moratorium period. Pursuant to Section 4. A. For mortgagors that are not eligible for financial relief under Governor Newsom’s Financial Relief Package, no foreclosure action against a property owner shall be initiated or proceed during the moratorium period in the City for any mortgagor with a demonstrated financial impact related to COVID-19. Nothing in this ordinance shall relieve the mortgagor of liability for any unpaid mortgage payments, which the mortgagee may seek after expiration of the moratorium period and the mortgagor must pay within six months of the expiration of the moratorium period unless a different time is agreed to between the parties. A mortgagee may not charge or collect a late fee or penalty for payments that are delayed for the reasons stated in this ordinance. The moratorium period is March 16, 2020 through September 30, 2020. August 13, 2020 City Manager\Director of Emergency Services Executive Order No. 2020-10, Implementing Emergency Measures to Temporarily Permit Places of Worship to Operate outdoor During the COVID-19 Pandemic. Shall continue until the earlier to occur of: (1) the conclusion of the local emergency; (2) its termination is ordered by the City 272 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 19 Pursuant to section 2. The provisions of Hermosa Beach Municipal Code Sections 17.26.050 (B), 17.44.030, 17.38.550(B) and 17.40.020 regarding uses permitted within commercial zones, off-street parking requirements and uses for which a conditional use permit is required are hereby temporarily suspended, to the extent they conflict with this Order, to allow for the implementation of item A below on a temporary basis during the term of the City, State and Los Angeles County COVID-19 emergency orders: A. Places of worship and providers of religious services and cultural ceremonies (referred to collectively as “Places of Worship”), may operate outdoors in accordance with Appendix F of the County’s July 18th Order, as that protocol may be updated from time to time by the County Health Officer. *This Order was confirmed at the Aug. 25th meeting. Manager/Director of Emergency Services; or (3) it is duly terminated by the City Council. The Order may also be superseded by a duly enacted ordinance or order of the City Council expressly superseding this Order. August 25, 2020 Urgency Ordinance No. 1416U, to Temporarily Permit Places of Worship to Operate Outdoors During the COVID-19 Pandemic. Pursuant to section 2. The provisions of Hermosa Beach Municipal Code Sections 17.26.050 (B), 17.44.030, 17.38.550(B) and 17.40.020 regarding uses permitted within commercial zones, off-street parking requirements and uses for which a conditional use permit is required are hereby temporarily suspended, to the extent they conflict with this Ordinance, to allow for the implementation of item A below on a temporary basis during the term of the City, State and Los Angeles County COVID-19 emergency orders: A. Places of worship and providers of religious services and cultural ceremonies (referred to collectively as “Places of Worship”), may operate outdoors in accordance with Appendix F of the County’s Health Officer Order, as that protocol may be updated from time to time by the County Health Officer. On a temporary basis during the term of the City, State and Los Angeles County COVID-19 emergency orders: August 25, 2020 City Manager Executive Order No. 2020-11, Implementing Temporary Lane Closures on Hermosa Ave. to Facilitate Outdoor Recreation and Economic Recovery in Accordance with Health officer Orders for Control of COVID-19. 1. Beginning August 20, 2020, the City in consultation with the City’s traffic consultant, may temporarily close to vehicular traffic the northbound and The duration of each measure is specified in BOLD to the left. 273 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 20 southbound # 2 travel lanes (closest to the curb) on Hermosa Avenue from the 800 block at 8th Street to the 1300 block at 14th street. Lane closures will continue for 6 months following the complete implementation of the traffic control measures approved by the City Council on Aug. 11, unless the closures are extended for a longer period or sooner terminated by the City Council or Director of Emergency Services. 2. Beginning Aug. 20, 2020, the City in consultation with the City’s traffic consultant, may temporarily close to vehicular traffic the right turn lanes from westbound Greenwich Village to northbound Hermosa Ave. and the part of Hermosa Ave. immediately adjacent to 2626 Hermosa Ave. The lanes may remain closed until Jan 13, 2021, unless the closures are extended for a longer period or sooner terminated by the City Council. 3. The City shall post signs giving notice of these temporary measures. 4. Use of the closed lanes or parking spaces for any commercial purpose requires a Temporary Permit for Outdoor Dining/Seating and Outdoor Retail Display, as set out in the recitals of this Order. *This Order was confirmed at the Aug. 25th meeting September 10, 2020 City Manager Executive Order No. 2020-12, Implementing Emergency Measures to Temporarily Defer Payment of City Business Taxes During the COVID-19 Pandemic Pursuant to Section 2: Hermosa Beach Municipal Code Sections 5.04.190, 5.04.200 and 5.04.240 regarding City business taxes are hereby temporarily suspended to the extent they conflict with this Order, to allow for implementation of the following: A. The business tax due and payable on and after March 31, 2020 shall be deferred and interest and penalties waived for any business that ceased all business operations between March 16 and 31, 2020, has been entirely closed and remains closed as of the date of this Order due to the COVID-19 pandemic. B. Business taxes deferred pursuant to paragraph A above are deferred until the business resumes operation, at which time the tax due will be prorated Shall continue until the earlier to occur of: (1) the conclusion of the local emergency; (2) its termination is ordered by the City Manager/Director of Emergency Services; or (3) it is duly terminated by the City Council. The Order may also be superseded by a duly enacted ordinance or order of the City Council expressly superseding this Order. 274 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 21 until the business’ next tax payment anniversary date. C. In order to be eligible for the deferral provided for in paragraph A above, the business owner must sign a statement under penalty of perjury that provides dates of closure supported by documentation of the closure satisfactory to the City. If the foregoing statement is found to be untrue, the past due business tax, including penalties and interest, shall become payable immediately. D. A business that is eligible for the deferral provided for in paragraph A and that paid a business tax on or after March 31, 2020 is entitled to and may apply to the City for a refund of the tax. * This order was confirmed at the Sep. 22nd meeting September 22, 2020 Urgency Ordinance No. 20-1417U, Clarifying the Temporary Moratorium on Evictions During the COVID-19 Pandemic Pursuant to Section 2. A. During the moratorium period declared in response to COVID-19, no commercial landlord shall endeavor to evict a tenant for nonpayment of rent if the tenant demonstrates that the tenant’s businesses is subject to the Orders referenced in Section 1 of this ordinance or is otherwise limited or closed (voluntarily or by mandate) to prevent or reduce the spread of COVID-19 and the tenant demonstrates lost income and inability to pay rent as a result of such limitation or closure or other demonstrated financial impact related to COVID-19. For purposes of this Section 2, the moratorium period is March 16, 2020 through January 31, 2021. B. A landlord knows of a tenant’s lost income and inability to pay rent within the meaning of this Section 2 if the tenant, within 30 days after the date rent is due, notifies the landlord in writing of the lost income and inability to pay rent due to a limitation or closure of the tenant’s business related to COVID-19, and provides appropriate supporting documentation within 30 days of providing the notice. If a tenant suffers only a partial loss of net income, the tenant shall pay the pro-rated share of their rent that corresponds to the net income they generated during the period of loss. For commercial tenants, the eviction moratorium period for commercial tenants is March 16, 2020 through January 31, 2021. For residential tenants, the “repayment period” for deferred rent that came or will come due between March 1, 2020 through January 31, 2021 inclusive, is October 1, 2020 through March 31, 2021. 275 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 22 C. Nothing in this Section 2 shall relieve the tenant of liability for the unpaid rent, which the landlord may seek after expiration of the moratorium period, and which tenant must pay within six months of the expiration of the moratorium period (i.e. no later than July 31, 2021). A landlord may not charge or collect a late fee or interest for rent that is delayed for the reasons stated in this Section 2; nor may a landlord seek rent that is delayed for the reasons stated in this Section 2, through the eviction process during or after the moratorium period. A landlord shall not commence an eviction during the six months after the end of the moratorium period for non-payment of rent, so long as the tenant pays rent in a timely manner after the moratorium period and is repaying the past due rent that accrued during the moratorium period Pursuant to Section 3. A. With respect to residential evictions for non-payment of rent due to financial impacts from COVID-19, the following applies: 1. The “repayment period” for deferred rent that came or will come due between March 1, 2020 through January 31, 2021 (defined under the Act as “COVID-19 rental debt”), inclusive, is October 1, 2020 through March 31, 2021. 2. For the period of time of March 16, 2020 through September 30, 2020 (the “moratorium period”), no residential landlord shall endeavor to evict a tenant for nonpayment of rent, if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts related to COVID-19, subject to subparagraphs (a) and (b) of Section 3(A)(2) of this Ordinance. A landlord shall not commence an eviction during the six months after the end of the moratorium period, so long as the tenant pays rent in a timely manner after the moratorium period and is repaying the past due rent that accrued during the moratorium period. A landlord may not charge or collect a late fee or interest for rent that is delayed for the reasons stated in this Paragraph 2. October 27, 2020 *Not yet adopted Resolution No. __, Implementing Emergency Measures to Prevent Customers Queuing for Outdoor Dining at Sit-Down Restaurants Shall remain in effect until repealed or superseded. 276 65270.00001\33411336.1 City of Hermosa Beach COVID-19 Related Resolutions\Ordinances Good thru 10/27/2020 23 Pursuant to Section 2. A. No dine-in restaurant shall permit the congregating or lining up of customers in any public right-of-way. The congregating or lining up of customers outside a dine-in restaurant, in any manner, on sidewalks or other public rights of way is prohibited. B. Unless no table is available, a dine-in restaurant must immediately seat customers in its outdoor dining area if the customer is dining on-site. In the event no table is available, the restaurant staff shall ask the customer to wait in a vehicle or at a location away from the restaurant premises. C. Dine-in restaurants shall implement a phone reservation or call-back system that notifies customers via text, phone call, or other method once a table has become available. No customer shall be permitted in the dining area until the customer has been notified by the restaurant that he or she can be seated. D. Restaurant staff shall be responsible for instructing dine-in customers not to form lines or congregate in abutting public areas while waiting to be seated. 277 From:noreply@granicusideas.com To:City Council; Eduardo Sarmiento; Ann Yang Subject:New eComment for City Council Virtual Meeting Closed Session - 5:00 PM=0ARegular Meeting - 6:00 PM=0ADuly Posted on December 3, 2020 at 10:50 p.m. by E.S. Date:Sunday, December 6, 2020 9:02:55 AM SpeakUpNew eComment for City Council Virtual MeetingClosed Session - 5:00 PM Regular Meeting - 6:00PM Duly Posted on December 3, 2020 at 10:50p.m. by E.S. Tracy Hopkins submitted a new eComment. Meeting: City Council Virtual Meeting Closed Session - 5:00 PM Regular Meeting - 6:00 PM Duly Posted on December 3, 2020 at 10:50 p.m. by E.S. Item: a. REPORT 20-0779 RECEIVE VERBAL REPORT ON EMERGENCY ENFORCEMENT MEASURES TO ENSURE COMPLIANCE WITH PANDEMIC-RELATED HEALTH ORDERS FROM BOTH THE CITY AND THE COUNTY OF LOS ANGELES HEALTH DEPARTMENT (City Manager Suja Lowenthal and Police Chief Paul LeBaron) eComment: Opposed to tighter Covid 19 restrictions “Policy makers must not penalize residents for earning a livelihood, safeguarding their mental health, or enjoying our most cherished freedoms.” O.C. Sheriff Don Barnes statement on the pandemic enforcement limits: https://www.facebook.com/952132034985509/posts/1489448064587234/ Constituent's respond to Sheriff Barnes: Thank you for being such a great leader and example for more than the people of OC but for Californians and Americans alike! You protect and serve in the best ways possible. Thank you for bringing more than hope to us, you make so many families and citizens feel safer. Truly blessed to have you as our sheriff! Thank you Sheriff Barnes for your continued support and protection of our constitutional rights. We appreciate your common sense and courageous leadership. Don't let threats of not getting funding guide you, instead, allow truth and your oath of office to guide you. Thank you View and Analyze eComments This email was sent from https://granicusideas.com. Unsubscribe from future mailings 278 279 From:Scott Brogi To:Eduardo Sarmiento; Suja Lowenthal; Mayor Justin Massey; Councilmember Stacey Armato; Councilmember Mary Campbell; Councilmember Hany Fangary; Mayor Pro Tem Michael Detoy Cc:Douglas Krauss; Ann Yang; Tanesha Hudson; Tina Brogi Subject:Tonight"s City Council MeetingDate:Tuesday, December 8, 2020 3:45:45 PM Here is a picture from Hermosa View park earlier today when the City reinstalled fencing, after locking the swings up earlier this week. You’ll note the young child clutching at the fence, simply wanting to swing. You’ll also see the American Flag, flying in the background, which to me indicates we still live in America. When will this group wake up to the needs of our children and our community? Eduardo, I will attend tonight’s meeting and I’d like to speak in the public comments, please share this image so that people can understand. From as a 25 year resident of Hermosa Beach and a father of 3. Scott Brogi1126 19th StreetHermosa Beach, California 90254(310) 619-9999 On May 26, 2020, at 2:04 PM, Douglas Krauss <dkrauss@hermosabeach.gov> wrote: Thank you for your input concerning the Summer Streets Information Item on the agenda of the upcoming City Council meeting of May 26, 2020. There will be no discussion or action taken on this update at this meeting. This update is provided at the request of the Council from the May 12, 2020 meeting. At that meeting, Council provided direction to City Staff regarding the Summer Streets Program agenda item and requested that an update be brought to Council. This Information Item provides an update on the program and City Staff’s progress on the Council’s directions, as described in the Information Item. Thank you again for your input and feel free to reach out to me with any additional questions about the Summer Streets program. Douglas Krauss Environmental Programs Manager | City of Hermosa Beach Phone: 310.750-3603 | Email: dkrauss@hermosabeach.govCOVID-19 updates: hermosabeach.gov/coronavirus As of Monday March 16, 2020, the City of Hermosa Beach has significantly altered City operations to slow the spread of the novel coronavirus (COVID-19). We have canceled and postponed major events, suspended senior center and community programs and are limitingpublic access to City offices including City Hall and the Community Center. We are making these changes in compliance with Gov. Gavin Newsom’s and public health experts’ recommendations to cancel large gatherings and practice social distancing indefinitely.City staff and services will be transitioning to make services available by phone, email or online and there may be a delay in responding to your email as we work to make the transition. A list of City services and department contact information is available on the City Directory page of the website. Hermosa Beach police and other City staff that provideessential services outside City Hall – such as street repairs and other public works functions – will continue their work in the community, while taking additional precautions to reduce the risk of spread.We continue to evaluate impacts and changes to services from the City and our partners and will do our best to keep you updated about changes as information is made available. We appreciate your patience as we work through these changes and encourage you to check back frequently on our website to confirm the status of City services and events at:https://www.hermosabeach.gov/coronavirus. 280 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0786 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 08, 2020 ADOPTION OF AN URGENCY ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE TEMPORARY MORATORIUM ON RESIDENTIAL EVICTIONS TO PREVENT PREMATURE EVICTIONS IN ADVANCE OF REMODEL/DEMOLITION DURING THE COVID-19 PANDEMIC AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY (City Attorney Michael Jenkins) (Assistant City Attorney Lauren Langer) Recommended Action: Staff recommends that the City Council adopt Urgency Ordinance No.20-1422U of the City of Hermosa Beach to amend provisions of the moratorium on residential evictions and setting forth the facts constituting such urgency (Attachment 1). The urgency ordinance requires four-fifths vote of the city council and if approved,will take effect immediately. Executive Summary In response to the devastating economic impacts of COVID-19,the City passed an Urgency Ordinance on March 24,2020,which instituted an eviction moratorium covering nonpayment of rent due to COVID-19 retroactive to March 16,2020.The Urgency Ordinance currently in effect allows residential tenants to avoid eviction for non-payment of rent due to financial impacts related to COVID-19 through January 31,2021,so long as they satisfy enumerated requirements.Residential tenants may still be evicted when a landlord intends to demolish or substantially remodel the residential property leased by the tenant.The proposed ordinance would prohibit residential landlords from terminating a residential tenancy in order to demolish or substantially remodel the property unless and until they obtain all permits necessary to commence the work. Background: On March 4,2020,California Governor Gavin Newsom declared a State of Emergency to address the global pandemic caused by a respiratory disease which has been named “COVID-19”.On March 15,2020,the Mayor of the City of Hermosa Beach (“City”),Mayor Mary Campbell,declared a state of local emergency.At a special meeting on March 16,2020,the City Council approved and ratified the City of Hermosa Beach Printed on 3/27/2024Page 1 of 3 powered by Legistar™281 Staff Report REPORT 20-0786 declaration of local emergency. On March 24,2020,the City passed an Urgency Ordinance,which instituted an eviction moratorium covering nonpayment of rent due to COVID-19 retroactive to March 16,2020.The eviction moratorium was extended and modified through a series of amendments to respond to the changing nature of the COVID-19 pandemic and various laws enacted at the state and county level. The Urgency Ordinance currently in effect (Ordinance No.20-1417U)allows residential tenants to avoid eviction for non-payment of rent due to financial impacts related to COVID-19 until January 31, 2021,so long as they pay 25%of total rent that came due from October 2020 through January 2021 and satisfy other requirements.The existing eviction moratorium therefore only protects residential tenants that are unable to pay rent due to COVID-19 economic impacts. Residential tenants may be evicted when a landlord intends to demolish or substantially remodel the residential property leased by the tenant.This creates a potential situation where a landlord evicts a tenant,and then delays in starting the demolition or remodeling work.Such a delay could result in premature evictions that leave families without shelter for a longer than necessary period of time. There is no limit on how long a landlord has to begin work once the tenant is evicted. Effective November 30,2020,the Los Angeles County Public Health Department enacted its latest stay-at-home order requesting individuals remain in their homes as much as possible and to avoid crowding and mingling with non-household members.The order comes after many Americans gathered and traveled over the Thanksgiving holiday in the midst of a winter surge of COVID-19 cases and deaths.According to the County Health Department,daily peaks are now more than double the County’s peak of daily cases during the summer surge. Therefore,additional protections are needed to ensure that residential tenants are not victims of premature evictions and scrambling to find shelter during a dramatic surge in COVID-19 cases that is predicted to grow worse in the coming months. Analysis Proposed Urgency Ordinance The proposed ordinance would prohibit residential landlords from terminating a residential tenancy in order to demolish or substantially remodel the property unless and until they obtain all permits necessary to commence the work.The ordinance does not prevent landlords from evicting tenants from residential property they want to demolish or substantially remodel;it merely changes the sequence of steps needed before they may do so.“Substantially remodel”means to make a modification of the property that requires a permit from the City.This proposed ordinance applies to tenancy termination notices,and eviction notices,and unlawful detainer actions based on such City of Hermosa Beach Printed on 3/27/2024Page 2 of 3 powered by Legistar™282 Staff Report REPORT 20-0786 tenancy termination notices,and eviction notices,and unlawful detainer actions based on such notices,served or filed on or before the effective date of this ordinance;but,where the time to vacate the property has not passed.To the extent applicable,landlords must provide relocation assistance and satisfy other requirements in accordance with the Tenant Protection Act of 2019 (Cal.Civil Code § 1946.2)for a no-fault just cause eviction.The ordinance would expire on January 31,2021,the end date of the statewide residential eviction moratorium, AB 3088. The degree of the health and economic impact of the pandemic is unprecedented and unknown. Millions of people have filed for unemployment and are struggling to meet such basic needs as rent. The City has been hit hard economically.By preventing premature evictions,the proposed ordinance ensures that residents remain housed for as long as possible,promotes compliance with the County’s latest stay-at-home order,and helps to curb the spread of COVID-19 during the winter surge of COVID-19 cases. In light of the foregoing,the proposed ordinance should be adopted on an urgency basis,taking effect immediately pursuant to Government Code section 36937,for the preservation of the public peace,health,and safety of residents living within the City,based on the facts described herein and set forth in the Urgency Ordinance. Fiscal Impact: There is not anticipated to be a direct fiscal impact from this ordinance.The City of Hermosa Beach initially incurs all costs related to the City’s response to the COVID-19 Pandemic,but will submit requests for cost recovery to the California Office of Emergency Services (CalOES). Attachments: 1.Urgency Ordinance No.20-1422U to amend provisions of the moratorium on residential evictions and setting forth the facts constituting such urgency. Respectfully Submitted by: Michael Jenkins, City Attorney Lauren Langer, Assistant City Attorney Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 3/27/2024Page 3 of 3 powered by Legistar™283 ORDINANCE NO. 20-1422U AN URGENCY ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING THE TEMPORARY MORATORIUM ON RESIDENTIAL EVICTIONS DURING THE COVID-19 PANDEMIC AND SETTING FORTH THE FACTS CONSTITUTING SUCH URGENCY The City Council of the City of Hermosa Beach does ordain as follows: SECTION 1. Findings. A. The findings set forth in Ordinance No. 20-1407U, 20-1409U, 20-0414U, and 20-0417U are still applicable and incorporated herein by reference. B. Effective November 30, 2020, the Los Angeles County Public Health Department enacted a new stay-at-home order requesting individuals to remain in their homes as much as possible and to avoid crowding and mingling with non-household members. The order comes after many Americans gathered and traveled over the Thanksgiving holiday in the midst of a winter surge of COVID-19 cases and deaths. According to the County Health Department, daily peaks are now more than double the County’s peak of daily cases during the summer surge. C. Existing law prohibits the eviction of residential tenants for non-payment of rent through January 31, 2021 if the tenant is unable to pay full rent due to financial impacts of COVID- 19 and satisfies requirements set forth in the City’s Temporary Moratorium on Residential Evictions (Ordinance No. 20-0417U), which incorporates the Tenant Relief Act of 2020 added by AB 3088. D. Residential tenants remain subject to eviction for reasons other than non -payment of rent due to COVID-19 financial distress, including a landlord’s desire to demolish or substantially remodel residential real property. E. When residential landlords evict tenants too far in advance of commencing demolition or substantial remodeling, individuals and families are forced to vacate their homes earlier than absolutely necessary, increasing the chance of homelessness. F. To ensure residents are sheltered in their existing homes for as long as possible during the winter surge of COVID-19 cases, the City Council finds that residential landlords should not be able to evict tenants before obtaining all necessary approvals and permits to perform the work. G. This Ordinance is adopted pursuant to the City's police powers and powers afforded to the City in the time of a national, state, county and local emergency during a dire economic downturn during an unprecedented health pandemic, such powers being afforded by the State Constitution, State law and HBMC Chapter 2.56 to protect the peace, health, and safety of the public. The Hermosa Beach City Council finds that this ordinance is necessary for the preservation of the public peace, health, and safety of residents living within the City 284 and finds urgency to approve this ordinance immediately based on the facts described herein and detailed in the staff report. Under Government Code Section 8634, this ordinance is necessary to provide for the protection of health, life and property. SECTION 2. Section 3 of Ordinance No. 20-1417U (The Temporary Moratorium on Evictions for Non-Payment of Rent by Residential Tenants Impacted by the COVID-19 Crisis) is amended by adding Paragraph 7 to Subsection A to read as follows. All other provisions of Subsection A remain unchanged. 7. Starting on the effective date of this ordinance through January 31, 2021, no residential landlord shall terminate a tenancy to demolish or substantially remodel the residential real property unless and until the landlord secures all permits necessary to perform the work. For purposes of this Section, “substantially remodel” means to make a modification of the property that requires a permit from the City. This ordinance shall apply to tenancy termination notices, notices to quit and other eviction notices, and the unlawful detainer actions based on such notices, served or filed on or before the effective date of this ordinance; but, where the time to vacate the property has not passed. (a) To the extent applicable, landlords must provide relocation assistance and satisfy other requirements in accordance with the Tenant Protection Act of 2019 (Cal. Civil Code § 1496.2) for a no-fault just cause eviction. (b) No other legal remedies available to landlords are affected by this Paragraph 7. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this Ordinance. SECTION 4. Environmental Review. The City Council finds that adoption and implementation of this ordinance is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) sections 15061(b)(3), and 15378(b)(5). The effect of the proposed amendment will be to maintain the status quo. No new development will result from the proposed action. No impact to the physical environment will result. The City Council also alternatively finds that the adoption and implementation of this ordinance is exempt from the provisions of CEQA as an administrative activity by the City of Hermosa Beach, in furtherance of its police power, that will not result in any direct or indirect physical change in the environment, per sections 15061(b)(3), and 15378(b)(5) of the CEQA Guidelines, as well as CEQA Guidelines section 15064(e) (economic regulations). SECTION 5. Urgency Declaration; Effective Date. The City Council finds and declares that the adoption and implementation of this ordinance is necessary for the immediate preservation and protection of the public peace, health and safety as detailed above and as the City and public would potentially suffer potentially irreversible 285 displacement of residential tenants due to premature evictions by landlords during the COVID-19 crisis. During this ongoing local emergency, and in the interest of protecting life, property, and the public health, it is imperative to avoid the premature eviction of residential tenants to stabilize the housing market, support compliance with the County’s stay-at-home order, and prevent the spread of COVID-19 during the winter case surge when cold weather increases contagiousness. Under Government Code Section 8634 and HBMC Chapter 2.56, this ordinance is necessary to provide for the protection of life and property for the reasons set out herein. The Council therefore finds and determines that the immediate preservation of the public peace, health and safety, and protection of life and property, require that this Ordinance be enacted as an urgency ordinance pursuant to Government Code section 36937 and take effect immediately upon adoption by four-fifths of the City Council SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published or posted in the manner required by law. PASSED, APPROVED AND ADOPTED this 8th day of December 2020. ____________________________ Mayor ATTEST: _____________________________ City Clerk (seal) Date: _______________________ APPROVED AS TO FORM: _____________________________ City Attorney 286 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 20-0774 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of December 8, 2020 APPROVAL OF A THREE-YEAR AGREEMENT EXPIRING JULY 12, 2023 WITH EAS ENTERPRISES, LLC (“AVP”) FOR ITS ANNUAL “HERMOSA BEACH OPEN” EVENT (Community Resources Manager Kelly Orta) Recommended Action: Staff recommends that the City Council approve a three-year agreement expiring July 12,2023 with EAS Enterprises, LLC (“AVP”) for its annual “Hermosa Beach Open” event. Executive Summary: At its regular meeting on January 14,2020,the City Council approved the Parks,Recreation and Community Resources Advisory Commission’s (Commission)recommended Long-Term Agreement Policy for special events.Following Council’s adoption of the policy,staff initiated discussions with EAS Enterprises,LLC (“AVP”)to develop a three-year agreement for implementation of its annual “Hermosa Beach Open”event held on the beach north and south of the Pier as well as on Pier Plaza. As proposed,this event would take place two weeks prior to its traditional event days to solve other scheduling concerns with youth volleyball events as well as future conflicts with the scheduling of the Olympic Games every four years for consistency purposes.The proposed agreement would also require AVP to pay all applicable special event fees with the exclusion of the annual application fee, which would no longer be necessary.Therefore,staff supports approving the proposed agreement with AVP for its event commencing in July 2021. Background: At its regular meeting on January 14,2020,the City Council approved the Parks,Recreation and Community Resources Advisory Commission’s (Commission)recommended Long-Term Agreement Policy for special events,which includes guidelines for the determination of an event’s eligibility to enter into a long-term agreement with the City.Following Council’s adoption of the policy,staff initiated discussions with EAS Enterprises,LLC (“AVP”)to develop a three-year agreement for implementation of its annual “Hermosa Beach Open”event held on the beach north and south of the Pier as well as on Pier Plaza.This event is a national professional beach volleyball tour that would be returning to Hermosa Beach for its fourth year in 2021.The event was not held in 2020 as a result of precautionary measures related to the COVID-19 pandemic that forced the cancelation of group City of Hermosa Beach Printed on 3/27/2024Page 1 of 6 powered by Legistar™287 Staff Report REPORT 20-0774 precautionary measures related to the COVID-19 pandemic that forced the cancelation of group gatherings and events. Discussion: Included as Attachment 1 is the recommended agreement with AVP for its annual “Hermosa Beach Open”event.Since 2017,this event has been held in Hermosa Beach and included as part of the company’s professional volleyball tour that includes events across the country.The “Hermosa Beach Open”includes the top 32 professional volleyball teams as well as a one-day qualifier that is open to any local competitors.AVP would also be interested in holding a youth component to the event that would be a combination of clinics or tournament play.AVP expects 500 participants and up to 4,000 spectators daily with a combined total of approximately 40,000 people throughout its event. Agreement Details The proposed agreement (Attachment 1)would commence with AVP’s event in 2021 and expire following its event in 2023.This is consistent with the Council’s recent action at its October 27,2020 meeting where it extended the special event long-term agreement policy pilot program by one year due to event cancelations in 2020 as a result of COVID-19 precautionary measures.It is important to mention that the proposed dates are two weeks prior to AVP’s traditional event dates in Hermosa Beach and are proposed as such to eliminate future date conflicts with the Olympic Games held every four years.Additionally,this shift also allows the other traditional events held in July to continue to take place in their desired back-to-back model to maintain participation of youth athletes and their families from one event to the next.Further discussion regarding the proposed dates is included in the following section of this report. Additional agreement terms include: ·AVP’s commitment to paying all direct and indirect special event fees.The only fee that would be waived is the annual special application fee,which would no longer be necessary due to the long-term agreement approach versus the annual review and approval process. ·AVP’s presentation to the Commission prior to and immediately following its annual event,as required in the Long-Term Agreement Policy; and ·A commitment from AVP to allow the City to utilize the event’s infrastructure,as available,for supplemental programs or events. Table 1 includes a comprehensive listing of all applicable annual special event fees that would be AVP’s responsibility,as proposed in the agreement.These fees are based on event fees calculated as part of AVP’s 2019 event. Table 1: “Hermosa Beach Open” Estimated Event Fees Fee Cost Calculation Total Direct Fees Amplified Sound Permit $166 Flat fee $166 Parks and Rec. Staff $339 per day X 3 days $1,017 Parking $1.25 per hour/space Flat fee $18,182.50 HBPD Varies 60 hours total $9,428.16 TOTAL Direct Fees $28,793.66 Indirect Fees Category IV Fee $5,394 per event day X 4 days $21,576 Setup Fee $255 per day X 5 days $1,125 Tear Down Fee $255 per day X 3 days $675 Filming $2,823 per filming day X 1 day $2,823 TOTAL Indirect Fees $26,199 GRAND TOTAL $54,992.66 City of Hermosa Beach Printed on 3/27/2024Page 2 of 6 powered by Legistar™288 Staff Report REPORT 20-0774 Fee Cost Calculation Total Direct Fees Amplified Sound Permit $166 Flat fee $166 Parks and Rec. Staff $339 per day X 3 days $1,017 Parking $1.25 per hour/space Flat fee $18,182.50 HBPD Varies 60 hours total $9,428.16 TOTAL Direct Fees $28,793.66 Indirect Fees Category IV Fee $5,394 per event day X 4 days $21,576 Setup Fee $255 per day X 5 days $1,125 Tear Down Fee $255 per day X 3 days $675 Filming $2,823 per filming day X 1 day $2,823 TOTAL Indirect Fees $26,199 GRAND TOTAL $54,992.66 Lastly,the agreement includes a 60-day no compete clause as noted in Section 3(d).This is a standard term that AVP has in other jurisdictions’agreements including its event held in Manhattan Beach.Although this is not something the City has included in other special event long-term agreements,the AVP event is the only professional-level event on the City’s special event calendar and AVP requests a layer of protection from other competing events that may desire to be in Hermosa Beach in the future.Ultimately,this clause serves to protect the quality of the “Hermosa Beach Open”event from other event organizers scheduling a similar event too close on the calendar, thus causing conflicts with potential event sponsors and media partners.Currently,no other events on the City’s traditional calendar would be affected by this clause. Conflicts and Importance of July Since AVP’s return to Hermosa Beach in 2017,there has been conflicting date requests between AVP and other youth volleyball events that all desire to hold their individual events in the month of July.July is a prime window for youth volleyball events since it falls between national school schedules and garners the most participation from athletes across the country.Conversely,July is currently the only month available for the AVP event to be held in Hermosa Beach due to its commitments with other locations in its tour.As proposed and previously noted,the dates for the “Hermosa Beach Open”would be two weeks earlier than the event’s traditional dates commencing in 2021.This would allow consistency on the July calendar considering future date conflicts with the Olympic Games every four years if the “Hermosa Beach Open”were to be held during the event’s traditional weekend in the latter part of the month.It is virtually impossible for the “Hermosa Beach Open”to maintain the same quality of event if it is forced to be held during the same weekend as the Olympic Games due to athlete participation conflicts,overlapping broadcast coverage and sponsor City of Hermosa Beach Printed on 3/27/2024Page 3 of 6 powered by Legistar™289 Staff Report REPORT 20-0774 interests in both events. Prior to the COVID-19 pandemic,AVP requested to hold its 2020 event one week prior to its traditional dates due to an anticipated conflict with the 2020 Olympic Games beginning July 24.As a result of concerns related to the impacts that youth volleyball events have experienced in the past since the return of the AVP event in 2017,the Council awarded AVP its traditional event dates.The COVID-19 pandemic forced the Olympic Games as well as the AVP event to cancel in 2020,so the full impact of both events taking place at the same time was not experienced.However,the “Hermosa Beach Open”,if held,would have been drastically modified in many ways and would have changed the overall experience for attendees as well as participating athletes.Prior to the cancelation of these events,it was confirmed that the double-scheduling would have impacted media coverage and the live broadcasting of the final matches.This would not have been possible since media coverage would have been focused on the Olympic Games. Scheduling Benefits The proposed dates for the three-year term,including load in and loadout for the “Hermosa Beach Open”, would include: ·June 30-July 14, 2021 ·June 29-July 13, 2022 ·June 28-July 12, 2023 The proposed schedule offers the following benefits:would allow the AVP event to begin its load-in prior to the 4th of July holiday;matches and competitive play would begin as early as the following Wednesday;and the main matches would take place on the second weekend of the month.Event load-out would be completed immediately after.This model mirrors previous years’load-in and load -out schedule except for the two additional load-in days,which would be necessary due to logistical challenges in working around the 4th of July holiday so as not to impact anticipated crowds and gatherings during the holiday weekend.This was previously discussed with the Police Department and there is confidence that AVP and staff can work together to mitigate these anticipated impacts. Further,this shift in dates to earlier in the month would provide an opportunity for the City and AVP to work collectively to utilize the event infrastructure on the holiday weekend if the City desires to do so.Although this would not be required by either party in the agreement,it demonstrates AVP’s commitment to enhancing the event in ways that support the City,its residents and businesses while also personalizing the “Hermosa Beach Open.” The coordination of shifting AVP to two weeks earlier would allow the other two youth volleyball events,traditionally held during the first two weeks of the month,to continue to be coupled together if they desire to do so later in the month.This was a large concern during last year’s deliberations due to the two event’s shared athletes and the convenience for families who participate in both City of Hermosa Beach Printed on 3/27/2024Page 4 of 6 powered by Legistar™290 Staff Report REPORT 20-0774 due to the two event’s shared athletes and the convenience for families who participate in both events,staying locally in hotels and visiting restaurants during that time.Additionally,it would allow time for both events to take place prior to the final week of July,which has been noted by the organizations as being too late in the month for competing school schedules across the nation. Alternate Scheduling Option with Manhattan Beach A solution for the crowded July calendar that has been previously discussed is the option to switch AVP event dates with Manhattan Beach,which hosts its event each August.This would eliminate the multiple event conflicts in July and provide additional dates for the many youth volleyball events that desire Hermosa Beach for its event location.Staff reached out to Manhattan Beach to request this consideration.Unfortunately,there is no interest currently to move their annual event to July.This is mainly due to the consistency of holding its event in August and the community’s familiarity with it being held during that time each year. Although the proposed dates would require the rescheduling of events traditionally held on the City’s special event calendar,staff supports this approach and remains committed to working with all event producers to find alternate dates and opportunities for the youth volleyball events to continue to be held in Hermosa Beach.The “Hermosa Beach Open”is a distinguishable event on the City’s calendar due to it being the only professional event.In 2019,Hermosa Beach hosted a series of five different youth volleyball events on the beach totaling 40 event days versus the 13 days requested by AVP for its professional-level event.It is evident that the City supports the sport of volleyball and values its rich history in Hermosa Beach.By taking steps towards entering into a long-term agreement with AVP,it would help ensure a better diversification and level of events on the City’s calendar for the community to enjoy.Following years of conflict with competing date requests for the month of July, putting the City and event producers in a difficult position,the proposed agreement with AVP would provide certainty of dates for those events that would be held each July. General Plan Consistency: PLAN Hermosa,the City’s General Plan,was adopted by the City Council in August 2017.The “Hermosa Beach Open”agreement supports several PLAN Hermosa goals and policies that are listed below. Governance Element Goal 1. A high degree of transparency and integrity in the decision-making process. Policies: ·1.6 Long-term considerations.Prioritize decisions that provide long-term community benefit and discourage decisions that provide short-term community benefit but reduce long-term opportunities. City of Hermosa Beach Printed on 3/27/2024Page 5 of 6 powered by Legistar™291 Staff Report REPORT 20-0774 Parks and Open Space Element Goal 3. Community parks and facilities encourage social activity and interaction. Policies: ·3.1 Community-friendly events.Encourage,permit,and support community group, nonprofit,or business organized events on City property that support physical activity, beach culture, and family-friendly social interactions. ·3.2 Social and cultural events.Design and program parks and open space to accommodate unique social and cultural events to foster connectedness and interaction. ·3.3 Commercial use of facilities.Regulate and enforce commercial use of City parks and open spaces to ensure activities do not impact general use and enjoyment. Fiscal Impact: As proposed in the agreement,estimated annual event fees would total approximately $54,992.66. The estimated amount of annual fee waivers consisting of the application fee would total approximately $582.The actual fees and fee waiver amounts would be based on the current master fee schedule at the time of the event. Attachments: 1. Proposed Agreement with EAS Enterprises, LLC Respectfully Submitted by: Kelly Orta, Community Resources Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 3/27/2024Page 6 of 6 powered by Legistar™292 1 AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND ASSOCIATION OF VOLLEYBALL PROFESSIONALS TO PROVIDE HERMOSA BEACH OPEN THIS AGREEMENT is made this day of , 2020, by and between the City of Hermosa Beach (hereinafter called “CITY”), and EAS Enterprises, LLC, a California limited liability company (hereinafter called “AVP”). RECITALS A. AVP desires to organize, coordinate, produce and oversee the annual Hermosa Beach Open (“Event”) in the City on City-owned property for the term of this Agreement. B. The CITY and AVP desire to hold the Event on an annual basis. C. The CITY is willing to make portions of Pier Plaza, Schumacher Plaza and on the beach available for the Event due to the benefit that the prestigious Hermosa Open provides to the community. NOW, THEREFORE, the parties agree as follows: Section 1. Term of Agreement. The term of this Agreement shall be for three years commencing on the execution date of this Agreement and terminating July 12, 2023, unless earlier terminated as provided herein. Section 2. AVP’s Duties: a. Event Location. The event may be held on mutually agreed upon portions of Pier Plaza, Schumacher Plaza and the commercial area of the beach as depicted in the diagram attached hereto as Exhibit A and incorporated herein by reference (“Event Location”). b. Event. AVP may organize, coordinate, produce and oversee the Event. Event, setup and tear down days included as part of this Agreement shall include: • June 30 - July 14, 2021 • June 29 – July 13, 2022 • June 28 – July 12, 2023 c. Annual Event Confirmation. AVP must annually inform the CITY of its intent to produce the Event, including confirmation of event dates and event times, no later than three months prior to the event dates. Should AVP desire to reschedule an event date(s) from the dates outlined in this Agreement, it must do so in writing no 293 2 later than three months prior to the requested event date(s). CITY will review the request against other activities and events booked at the Event Location. While approval of a date change will not be unreasonably withheld, already scheduled activities or events will have priority. Use of additional location(s) in proximity of the Event Location may be approved as mutually agreed upon between the CITY and AVP provided AVP informs the CITY of this request at least three months prior to the Event. The CITY or AVP may cancel an Event within 30-days written notice without penalty due to COVID-19 precautionary measures or other pandemic-related health orders that would deem the Event unsafe or temporarily prohibited. CITY reserves the right in its sole discretion at any time or times to close and suspend the use of the Event Location subject to this Agreement for any duration in order to protect public health and safety. Any such closure will not constitute a breach or a default of this Agreement. CITY shall have no liability whatever to AVP for the effect of such suspension and closure on its Event, nor shall CITY have any responsibility to provide AVP with substitute Event locations. AVP’s rights under this Agreement are subject and subordinate to CITY’s police and emergency powers in addition to CITY’s rights to manage its municipal facilities including outdoor public spaces and its contractual rights as described in this Agreement. d. Event Permits and Agreements. AVP shall obtain permits from CITY for each Event and shall enter into and comply with all agreements for such permits as required by CITY, including but not limited to the provision of adequate insurance and indemnification of CITY, its officers, agents, volunteers, employees, and attorneys as outlined in the Special Event Permit. Exhibit B includes a sample Special Event Permit. e. Insurance. AVP shall provide comprehensive general liability insurance with a combined single limit of not less than $2,000,000.00 per occurrence. Such insurance shall (a) name the City, its appointed and elected officials, officers, employees and agents as insured’s; and (b) be primary with respect to any insurance or self-insurance programs maintained by the City; and (c) contain standard cross-liability provisions. AVP shall furnish properly executed certificates of insurance to City, which certificates shall clearly evidence all coverage required above and provide that such insurance shall not be materially changed, terminated or allowed to expire except on thirty (30) days prior written notice to City; and further, shall provide that if AVP fails to pay any required deductible or self-insured retention, City may do so at AVP’s expense. f. Fee to CITY. AVP shall pay CITY all direct and indirect costs associated with each Event within 30 days after each event. Such costs shall include but not be limited to permits including filming and amplified sound; Category IV event fees; use of Pier Plaza; reimbursement of city staff time; and use of parking spaces in city - owned lot(s). The annual special event application fee will be waived. 294 3 g. Promotion of Responsible Alcohol Consumption. AVP shall encourage and promote responsible consumption of alcohol, appropriate taxi and ride share options for event patrons, and City designated taxi and ride share pick-up and drop-off locations in event signage, marketing, and throughout the Event area. AVP must obtain the required permit to serve alcoholic beverages by the Alcohol and Beverage Control office for locations where this activity is permitted to take place per Chapters 12.20.040 and 12.20.300 of the Hermosa Beach Municipal Code. h. Annual Review. Within 60 days prior to and after each Event, AVP shall provide an annual overview to the Parks, Recreation and Community Resources Advisory Commission in the form of an agendized presentation. The pre-event presentation shall highlight: a general event overview including anticipated number of attendees; an overview of the event footprint and individualized setup; and anticipated impacts to the community as a result of the event. The post-event presentation shall include: a general overview including the actual number of attendees; actual impact(s) to the community as a result of the event; and any event struggle(s) and success(es). i. Environmentally Sustainable Measures. AVP shall implement the CITY’s environmental sustainability measures, including but not limited to: i. Electric and Bio-diesel Generators. Generators on the venue shall be electric or operated with a 50% blend of bio- diesel fuel, or equivalent or lower emissions sources. ii. Food Service Containers. AVP has read, understands and accepts responsibility for ensuring implementation of the CITY’s food packaging prohibitions in Section 8.64.030 of the Municipal Code, which reads as follows: 8.64.030(C). No Person shall use or distribute Polystyrene Food Service Ware at City- sponsored events, City-managed concessions and City meetings open to the public. This subsection shall apply to the function organizers, agents of the organizers, City Contractors, Food Providers and any other Person that enters into an agreement with one or more of the function sponsors to sell or distribute Prepared Food or otherwise provide a service related to the function. Biodegradable food service containers shall be used by vendors in the food court and beer garden. iii. Plastic Bags. Use of plastic bags to deliver, provide, or hand merchandise or Event-related items is prohibited. 295 4 iv. AVP shall additionally implement all sustainability measures included in City’s Green Matrix, included as Exhibit C, through its conduct of the Event and shall ensure vendor compliance. v. A V P shall: (1) Incorporate sustainability requirements into vendor agreements, and advertise green measures and rules in event advertising and online; (2) prohibit the use of single-use plastic straws, stirrers, and utensils beginning July 1, 2020 (per HBMC 8.64); limit single-use paper, packaging, and décor items; use appropriately sized plates, containers and cups; and limit use of handouts, flyers and giveaways; (4) enact a no-idling requirement for vehicles associated with the loading and unloading of event-related equipment; and (5) provide onsite personnel to ensure that litter and trash are minimized, and recycling is maximized. vi. AVP shall participate in pre-event and post-event reviews of compliance with sustainability measures as requested by the CITY and at a date and time mutually agreed upon. j. Private Security Standards. AVP shall work in concert with the Hermosa Beach Police Department to determine private security standards that are appropriate for the Event. AVP shall seek to employ CITY’s preferred private security firm provided its costs are competitive. The private security standards will be in addition to the minimum police services, which will be determined by the Hermosa Beach Police Department. AVP shall fully reimburse the CITY for all Hermosa Beach Police services dedicated to its Event as further outlined in Section 2(f). k. Logistical Meetings. AVP is required to participate in logistical and planning meetings with relevant CITY departments as requested by the City and at date(s) and time(s) as mutually agreed upon. AVP shall provide the CITY with comprehensive site plan(s), event timeline including set-up and teardown activities, and vendor information further noted in Section 2(j) and 2(k). l. Booth Space on Pier Plaza and Schumacher Plaza. AVP may offer booth space on Pier Plaza and Schumacher Plaza to those volleyball and sports industry vendors that have been pre-approved by the CITY. A diagram showing placement of all booths must be mutually agreed upon between the CITY and AVP and submitted at least fourteen days prior to each Event. Vendors may provide samples or product information but are not allowed to sell merchandise. AVP shall assign booth space to the CITY at no cost in a prominent location as mutually agreed by the CITY and AVP. The CITY or its assignee may utilize these booth(s) to distribute public information and/or promote community programs and services to attendees. m. Booth Space on the Beach. AVP may offer booth space on the beach to those volleyball, sports industry and food vendors that have been pre-approved by the CITY. In accordance with HBMC Section 12.20.300, the sale of food, non-alcoholic beverages, or branded merchandise from the event producer are allowed. The sale 296 5 of any other commodity, merchandise, wares, products, or service on the beach or the strand is not allowed. A diagram showing placement of all booths must be mutually agreed upon between the CITY and AVP and submitted at least fourteen days prior to each Event. n. Parking Spaces. The CITY shall coordinate AVP’s use of public parking spaces as needed for the parking of event-related vehicles; storage of essential event-related equipment and supplies; and other event-related structures. Use of these spaces must be mutually agreed upon between the CITY and AVP following submittal of a site plan outlining the use of the parking space(s) at least seven days prior to each Event. AVP shall provide cleaning services for all parking spaces used prior to the conclusion of each Event load-out to ensure the spaces are clean from debris, sand and other materials that were collected as a result of event -related activities. o. Filming Permit. AVP shall complete and obtain a CITY-issued film permit for all event-related filming activities following the CITY’s film permit process and procedures. The location and placement of all film-related equipment shall be discussed during pre-event logistical meetings, as noted in Section 2 (i), and included on the final site plan. Section 3. CITY ’s Duties . a. Event Permits. CITY shall provide event permits to AVP for each Event unless CITY determines in its sole discretion that it would not be in the public interest or that it would be averse to the public health, safety, or welfare. b. Event Fee Invoicing. CITY shall provide AVP with initial estimates for indirect CITY costs associated with each Event 90 days in advance of each event consistent with the event details known at that time. Such costs shall be those noted in section 2(f). These amounts are intended as estimations as final costs billed to AVP may change due to public safety staffing availability and various other factors. c. No Parking Signs. The CITY shall post No Parking signs in those parking spaces mutually agreed upon for AVP’s use as outlined in Section 2(k) at least 72 hours prior to the start of event setup. Fees for use of these spaces will be charged consisted with section 2(f). d. Other Events. CITY will not permit any other men’s or women’s volleyball event(s) paying more than $30,000 (or other benefits equaling more than $30,000 in prize money within 60 days before or after the Event, unless approved in writing by AVP. 297 6 Section 4. Use of Event Infrastructure. AVP will allow the CITY use of its event infrastructure for CITY-produced programming and events when not in use for AVP Event-related activities. These activities will be mutually agreed upon at least fourteen days prior to the start of the AVP event. Section 5. Representations and Warranties. CITY represents and warrants to AVP that (i) CITY has the full right and authority to enter into and perform its obligations under this Agreement, (ii) the rights granted to AVP hereunder will not violate the rights of any third party and the full right to exercise the same have in no way been limited, diminished, or impaired; and (ii) the execution, delivery and performance of this Agreement will not violate the provision of any agreement to which CITY is a party or by which it is bound. AVP represents and warrants to CITY that (i) it has the full right and authority to enter into and perform its obligations under this Agreement; (ii) the rights granted to CITY hereunder will not violate the rights of any third party and the full right to exercise the same have in no way been limited, diminished, or impaired; (iii) the execution, delivery and performance of this Agreement will not violate the provision of any agreement to which either is a party or by which they may be bound Section 6. Assignment. This agreement may not be assigned in whole or in part by either party, without the prior written consent of the other party. Section 7. Independent Contractor. AVP will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute AVP as an agent, servant, or employee of CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and AVP. Section 8. Termination. AVP may terminate this Agreement upon 60 days written notice to CITY. CITY may terminate this Agreement upon 60 days written notice to AVP if CITY determines in its sole discretion that continuation of this Agreement would not be in the public interest, that it would be adverse to the public health, safety, or welfare, or that a substantial portion of CITY’s property is unavailable due to construction activity. Prior to termination on the ground that a substantial portion of CITY’s property is unavailable due to construction activity, CITY shall provide AVP an opportunity to propose adjustments to the venue or an alternative location for the Event. AVP’s proposed adjustments or alternative shall be provided within 30 days of written notice from CITY and is subject to approval of the City Council, in its sole discretion, in a public meeting. Upon termination of the Agreement, any Event(s) subsequent to the termination will no longer be the responsibility of AVP. Section 9. Notice. Any notice required to be given shall be deemed duly and properly given upon delivery, if sent postage prepaid or if personally delivered as follows: For AVP: AVP EAS Enterprises, LLC 17760 Newhope Street, Suite A Fountain Valley, CA 92708 Phone: 949-679-3599 Attention: Donald Sun 298 7 For CITY: City of Hermosa Beach 1315 Valley Drive Hermosa Beach, California 90254 (310) 318-0216 Attention: Suja Lowenthal, City Manager Section 10. Force Majeure. If in any year during the term hereof an entire Event cannot take place as planned due to inclement weather, the failure of any permitting agency to timely issue a necessary permit, or other force majeure outside the Parties’ reasonable control, including earthquake, fire, strike, war, riots, acts of any civil or military authority, acts of God, judicial action, unavailability or shortages of labor, materials, or equipment, failure or delay in delivery by suppliers, delays in transportation, terrorism or t hreat thereof, pandemic or similar outbreak of disease or other public health hazard, or acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any governmental or local authority (hereafter, “Force Majeure”), such failu re to hold the Event on its originally scheduled date will not be treated as a breach of this Agreement by either party and each party will use their commercially reasonable efforts to reschedule the Event on a mutually agreeable date. If no substitute date is set within 90 days of the Force Majeure event: (i) each party will be responsible for its own expenses with respect to the affected Event, and (ii) both parties will have no further obligations to each other with regard to the affected Event. Section 11. Indemnification. a. AVP agrees to indemnify, defend, and hold harmless City and its boards, officers, agents, attorneys and employees from any and all claims, liabilities, losses, expenses, or damages of any nature (including attorneys’ fees and costs) arising out of, or in any way connected with performance of this Agreement by AVP, its agents, officers, employees, subcontractors or independent contractor(s) hired by AVP, except such loss or damage which is caused by the negligence or willful misconduct of City. b. City agrees to indemnify, defend, and hold harmless AVP and its boards, officers, agents, attorneys and employees from any and all claims, liabilities, losses, expenses, or damages of any nature (including attorneys’ fees and costs) arising out of the performance of the obligations specified in this Agreement by City, City’s agents, officers, employees, subcontractors, or independent contractor(s) hired by City. Section 12. Confidential Information. Each party acknowledges that confidential information may be disclosed to the other party during the course of this Agreement, including but not limited to this Agreement and the terms hereof, all communications and negotiations between the parties and/or third parties, emails, financial documents and any other information a party may have learned about the other party. Each party shall take reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information (at all times executing at least reasonable care), during the period this Agreement is in effect, three years following expiration or termination of this 299 8 Agreement, to prevent the duplication or disclosure of confidential information to other than by or to its employees or agents who must have access to the confidentia l information to perform such party's obligations hereunder. The parties will not make any statements, publicly or privately, which disparages or would reasonably be expected to disparage the other party or any of its employees, officers or directors. Section 13. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and AVP, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. The parties anticipate that, in addition to this Agreement, they will enter into an event agreement for each Event setting forth precise terms and conditions applicable to that Event. EXECUTED the day and year first above stated. “AVP” EAS ENTERPRISES, LLC By: Donald Sun, CEO CITY OF HERMOSA BEACH By:_ Justin Massey, Mayor APPROVED AS TO FORM ATTEST By: By: Michael Jenkins, City Attorney Eduardo Sarmiento, City Clerk 300