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11-13-2018 | Regular Meeting
City Council City of Hermosa Beach Regular Meeting Agenda - Final City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Mayor Jeff Duclos Mayor Pro Tem Stacey Armato Councilmembers Mary Campbell Hany S. Fangary Justin Massey Council Chambers6:00 PMTuesday, November 13, 2018 Closed Session - 6:00 P.M. Regular Meeting - 7:00 P.M. 1 November 13, 2018City Council Regular Meeting Agenda - Final 6:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS ROLL CALL PUBLIC COMMENT RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 1.18-0676 MINUTES: Approval of minutes of Closed Session held on October 23, 2018. 2.18-0677 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator:City Manager Employee Organizations:Hermosa Beach Police Officers’ Association Hermosa Beach Firefighters’ Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented Employees 3.18-0678 CONFERENCE WITH LEGAL COUNSEL: Threatened Litigation Government Code Section 54956.9(d)(2) and (e)(4) The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Number of Potential Cases: 1 4.18-0686 CONFERENCE WITH LEGAL COUNSEL: Pending Litigation Government Code Section 54956.9(d)(1) The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Mark Roth v. City of Hermosa Beach Los Angeles County Superior Court, Case No. YC072628 ADJOURNMENT OF CLOSED SESSION Page 2 City of Hermosa Beach Printed on 4/3/2024 2 November 13, 2018City Council Regular Meeting Agenda - Final 7:00 P.M. - REGULAR AGENDA All council meetings are open to the public. PLEASE ATTEND. The Council receives a packet with detailed information and recommendations on nearly every agenda item. City Council agenda packets are available for your review on the City's website located at www.hermosabch.org. Complete agenda packets are also available for public inspection in the Police Department, Hermosa Beach Public Library and the Office of the City Clerk. During the meeting, a packet is also available in the Council Chambers foyer or you can access the packet at our website, www.hermosabch.org, on your laptop, tablet or smartphone through the wireless signal available in the City Council chambers - Network ID: CHB-Guest, Password: chbguest Written materials pertaining to matters listed on the agenda of a regular City Council meeting must be submitted by noon of the Tuesday, one week before the meeting in order to be included in the agenda packet (tentative future agendas can be found as Item 8 in every regular agenda packet). However, written materials received after that deadline will nonetheless be posted under the relevant agenda item on the City's website at the same time as they are distributed to the City Council by email and provided to the City Council and the public at the meeting. Submit your comments via eComment 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. eComments can be submitted as soon as the meeting materials are published, but will only be accepted until 12:00 pm on the date of the meeting to ensure Council and staff have the ability to review comments prior to the meeting. Persons who wish to address an issue of general nature (not pertaining to matters listed on the agenda) to the City Council for the official record may submit written material to the Council in lieu of or in addition to speaking under the Public Participation section of the meeting. Such written correspondence must be delivered to the City Manager's office (anny@hermosabch.org) by noon of the Tuesday, one week before the regular Council meeting in order to be included in the agenda packet. To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) will be available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0203 at least 48 hours prior to the meeting. Page 3 City of Hermosa Beach Printed on 4/3/2024 3 November 13, 2018City Council Regular Meeting Agenda - Final CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CLOSED SESSION REPORT ANNOUNCEMENTS PROCLAMATIONS / PRESENTATIONS MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: a)18-0687 LETTER FROM ANTHONY HIGGINS DATED NOVEMBER 4, 2018 REGARDING FIESTA BUS ROUTE - COMPARISON OF 27TH STREET AND HERONDO IMPACT Recommendation:Staff recommends that the City Council receive and file the written communication from Anthony Higgins. 2. CONSENT CALENDAR: a)REPORT 18-0689 CITY COUNCIL MEETING MINUTES (City Clerk Elaine Doerfling) Recommendation:City Clerk recommends that the City Council approve the following minutes: 1. Adjourned Regular meeting of January 12, 2016 2. Adjourned Regular meeting of January 26, 2016 3. Adjourned Regular meeting of February 9, 2016 4. Adjourned Regular meeting of March 8, 2016 5. Adjourned Regular meeting of July 11, 2016 6. Adjourned Regular meeting of September 19, 2016 7. Adjourned Regular meeting of October 18, 2016 8. Adjourned Regular meeting of November 9, 2017 9. Adjourned Regular meeting of December 21, 2017 10. Adjourned Regular meeting of June 6, 2018 11. Adjourned Regular meeting of June 16, 2018 12. Adjourned Regular meeting of June 19, 2018 13. Regular meeting of October 23, 2018 Page 4 City of Hermosa Beach Printed on 4/3/2024 4 November 13, 2018City Council Regular Meeting Agenda - Final b)REPORT 18-0680 CHECK REGISTERS (Finance Director Viki Copeland) Recommendation:Staff recommends that the City Council ratify the following check registers. c)REPORT 18-0660 ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF SEPTEMBER 6, 2018 (Emergency Services Coordinator Brandy Villanueva) Recommendation:Staff recommends that the City Council receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of September 6, 2018. d)REPORT 18-0699 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF OCTOBER 2, 2018 Recommendation:Staff recommends that the City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of October 2, 2018. e)REPORT 18-0669 2017 STATE HOMELAND SECURITY PROGRAM SUBRECIPIENT AGREEMENT (Acting Police Chief Milton McKinnon) Recommendation:Staff recommends that the City Council: 1. Accept $83,911 in grant funds from the County of Los Angeles for the 2017 State Homeland Security Program; 2. Authorize the City Manager to execute the Subrecipient Agreement and the City Clerk to attest; 3. Approve estimated revenue of $83,911 in the Grant Fund; 4. Appropriate $83,911 in grant funds to the Police Department budget for fiscal year 2018-2019 for the purchase of interoperable radio equipment; and, 5. Authorize the purchase of portable radio equipment, not to exceed $83,911, through RCC contracted vendors. f)REPORT 18-0681 APPROVE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC., TO PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) AND TO PROVIDE PLANNING SERVICES FOR THE STRAND AND PIER HOTEL PROJECT (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council approve a third modification, in the amount of $75,684, to the Professional Services Agreement with Amec Foster Wheeler Environment & Infrastructure, Inc., to prepare an Environmental Impact Report (EIR) and provide planning services for the proposed Strand and Pier Hotel Project. The modification would result in an increase to the current contract amount from $330,035 to $405,719, plus the 10 percent contingency, and would extend the term of the contract from December 31, 2018 to December 31, 2019. Page 5 City of Hermosa Beach Printed on 4/3/2024 5 November 13, 2018City Council Regular Meeting Agenda - Final g)REPORT 18-0679 RESOLUTION ESTABLISHING A PERMIT APPLICATION FEE FOR LIMITED LIVE ENTERTAINMENT (Community Development Director Ken Robertson) Recommendation:Staff recommends that the City Council adopt the attached resolution establishing a permit application fee for Limited Live Entertainment (LLE). 3. CONSENT ORDINANCES a)REPORT 18-0675 ORDINANCE NO. 18-1388 - “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING DEFINITIONS AND STANDARDS FOR LIMITED LIVE ENTERTAINMENT AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE” (City Clerk Elaine Doerfling) Recommendation:The City Clerk recommends that the City Council waive full reading and adopt by title Ordinance No. 18-1388. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION 5. PUBLIC HEARINGS a)REPORT 18-0684 CONSIDER AMENDMENT OF THE MUNICIPAL CODE ADDING CHAPTER 5.78 TO THE HERMOSA BEACH MUNICIPAL CODE (TOBACCO RETAILERS) REQUIRING LICENSURE OF TOBACCO RETAILERS AND LIMITING SALE OF ELECTRONIC SMOKING DEVICES AND FLAVORED TOBACCO PRODUCTS TO REDUCE THE ILLEGAL SALE OF TOBACCO TO YOUTH AND AMENDING SECTION 1.10.040 TO MAKE VIOLATIONS OF CHAPTER 5.78 SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES (Continued from meeting of August 25, 2015) (Community Development Director Ken Robertson) Recommendation:Staff recommends the introduction of an ordinance requiring licensure of tobacco retailers and limiting ale of electronic smoking devices and flavored tobacco products and making violations subject to administrative penalty procedures. 6. MUNICIPAL MATTERS a)REPORT 18-0700 TEMPORARY HIRE RESOLUTION (Acting Chief of Police Milton McKinnon) Recommendation:Staff recommends that the City Council adopt Resolution #18-xxxx authorizing the temporary rehire of Georgia Moe as Community Services Division Manager for a period of two (2) days, November 14, 2018, and November 15, 2018. Page 6 City of Hermosa Beach Printed on 4/3/2024 6 November 13, 2018City Council Regular Meeting Agenda - Final b)REPORT 18-0690 DOWNTOWN SAFETY AND LATE NIGHT ESTABLISHMENT MEASURES UPDATE (Acting Chief of Police Milton McKinnon) Recommendation:Staff recommends that the City Council receive and file the Downtown Safety and Late Night Establishment Measures update report. c)REPORT 18-0685 UPDATE FROM THE COMMUNITY THEATER SUBCOMMITTEE AND RECOMMENDATION TO EXECUTE A FACILITY NEEDS ASSESSMENT (Community Resources Manager Kelly Orta) Recommendation:Staff recommends that the City Council: 1. Approve the Community Theater Subcommittee's recommendation to give authority to the City Manager to execute a facility needs assessment of the Community Theater facility, including analysis and conceptual cost estimates of two scenarios: a. A major renovation of the Community Theater to transform it into a regional performing arts center; and b. A conservative renovation to upgrade the Community Theater, taking into consideration its current users and maintaining the community focus of the facility. 2. Appropriate $30,000 from the Capital Improvement Fund for a newly created Community Theater Capital Improvement Project (CIP). d)REPORT 18-0683 CAPITAL IMPROVEMENT PROJECT (CIP) 14-173 8TH STREET IMPROVEMENTS PROJECT UPDATE (Public Works Director Glen W.C. Kau) Recommendation:Staff recommends that the City Council: 1. Receive and file the project status update, which includes information for bringing the Plans, Specs and Estimates to 100% completion; and 2. Approve the recommendation to conduct a final project walk-through/field review meeting with 8th Street residents, for those affected properties that are interested, on November 28, 2018 in advance of solicitation for construction bids. e)REPORT 18-0688 POLICY ON VOTING PROCEDURE FOR BOARD/COMMISSION APPOINTMENTS (Continued from meeting of October 13, 2018) - Report has been Revised - (City Clerk Elaine Doerfling) Recommendation:City Clerk recommends that the City Council approve one of the following policies: 1. Paper voting procedure (developed in 2012 by Council subcommittee and staff); 2. Voice vote procedure (specify formal motion, consensus); or 3. Paper weighted voting procedure with numbered ranking system. 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL Page 7 City of Hermosa Beach Printed on 4/3/2024 7 November 13, 2018City Council Regular Meeting Agenda - Final a)REPORT 18-0701 ROLE OF EMERGENCY PREPAREDNESS ADVISORY COMMISSION (City Manager Suja Lowenthal) Recommendation:Staff recommends that the City Council: 1. Schedule a joint study session with the Emergency Preparedness Advisory Commission in December of 2018 or January of 2019, and 2. Direct staff to bring forward a formal recommendation at a subsequent City Council meeting on the future roles, responsibilities and direction of the Emergency Preparedness Advisory Commission. b)REPORT 18-0691 SELECTION OF DELEGATE AND ALTERNATE TO SERVE ON THE LAX COMMUNITY NOISE ROUNDTABLE (Assistant to the City Manager Nico De Anda-Scaia) Recommendation:Staff recommends that the City Council: 1. Designate a Council delegate and an alternate to serve on the LAX Community Noise Roundtable; and 2. Authorize the Mayor to sign a letter addressed to Administrators of the LAX Community Noise Roundtable and LAWA Noise Management Division, requesting formal City membership and announcing the appointments of the City Council's delegate(s). c)REPORT 18-0682 REQUEST FOR APPROVAL OF SPONSORSHIP DONATION TO THE BEACH CITIES HEALTH DISTRICT’S 20TH ANNUAL HOLIDAY GIFT BAG PROJECT (City Manager Suja Lowenthal) Recommendation:Staff recommends that the City Council approve a donation of $453.00 to the Beach Cities Health District's Holiday Gift Bag Project for 2018. 8. OTHER MATTERS - CITY COUNCIL a)18-0692 TENTATIVE FUTURE AGENDA ITEMS Recommendation:Staff recommends that the City Council receive and file the tentative future agenda items. ADJOURNMENT Page 8 City of Hermosa Beach Printed on 4/3/2024 8 November 13, 2018City Council Regular Meeting Agenda - Final FUTURE MEETINGS AND CITY HOLIDAYS CITY COUNCIL MEETINGS: November 27, 2018 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting November 29, 2018 - Thursday - Adjourned Regular Meeting: 6:00 PM - Appointment of Mayor and Mayor Pro Tempore December 5, 2018 - Wednesday - Adjourned Regular Meeting: 6:00 PM - Closed Session, 7:00 PM - Study Session December 11, 2018 - Tuesday - 6:00 PM - Closed Session, 7:00 PM - City Council Meeting December 25, 2018 - Tuesday - No Regular Meeting BOARDS, COMMISSIONS AND COMMITTEE MEETINGS: November 20, 2018 - Tuesday - 7:00 PM - Planning Commission Meeting November 28, 2018 - Wednesday - 7:00 PM - Public Works Commission Meeting December 4, 2018 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting December 10, 2018 - Tuesday - 7:00 PM - Planning Commission Meeting CITY OFFICES CLOSED FRIDAY-SUNDAY AND ON THE FOLLOWING DAYS: November 22, 2018 - Thursday - Thanksgiving Day December 25, 2018 - Tuesday - Christmas Day January 1, 2019 - Tuesday - New Year's Day Page 9 City of Hermosa Beach Printed on 4/3/2024 9 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 18-0676 Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of November 13, 2018 MINUTES:Approval of minutes of Closed Session held on October 23, 2018. City of Hermosa Beach Printed on 4/3/2024Page 1 of 1 powered by Legistar™10 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 18-0677 Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of November 13, 2018 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator:City Manager Employee Organizations:Hermosa Beach Police Officers’ Association Hermosa Beach Firefighters’ Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Hermosa Beach Professional Engineers Bargaining Group Unrepresented Employees City of Hermosa Beach Printed on 4/3/2024Page 1 of 1 powered by Legistar™11 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 18-0678 Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of November 13, 2018 CONFERENCE WITH LEGAL COUNSEL: Threatened Litigation Government Code Section 54956.9(d)(2) and (e)(4) The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Number of Potential Cases: 1 City of Hermosa Beach Printed on 4/3/2024Page 1 of 1 powered by Legistar™12 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 18-0686 Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of November 13, 2018 CONFERENCE WITH LEGAL COUNSEL: Pending Litigation Government Code Section 54956.9(d)(1) The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Mark Roth v. City of Hermosa Beach Los Angeles County Superior Court, Case No. YC072628 City of Hermosa Beach Printed on 4/1/2024Page 1 of 1 powered by Legistar™13 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 18-0687 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 LETTER FROM ANTHONY HIGGINS DATED NOVEMBER 4, 2018 REGARDING FIESTA BUS ROUTE - COMPARISON OF 27TH STREET AND HERONDO IMPACT Recommended Action: Staff recommends that the City Council receive and file the written communication from Anthony Higgins. Attachments: Letter from Anthony Higgins City of Hermosa Beach Printed on 5/4/2022Page 1 of 1 powered by Legistar™14 November 4, 2018 Dear Council Members: Subject: 10/23/2018 Fiesta Subcommittee Briefing to City Council I would to respond to the suggestion in the 10/23 Fiesta subcommittee presentation to the City Council that bus route safety for 27 Street compared to Herondo are roughly equivalent. This presumption was picked-up and reported in the Easy Reader by Ryan McDonald. https://easyreadernews.com/fiesta-contract-negotiations-open/ For the record, the Health, Safety and Quality of Life consequences of using Herondo vs 27th are NOT roughly equal or even comparable. Accordingly, I request this memorandum that spells out the risks of using 27thversus Herondo as the Fiesta Bus-Route be entered into the Permanent Record and forwarded to all Fiesta Subcommittee Members and involved Hermosa Beach Chamber of Commerce representatives participating in this process. 1. 27th STREET VS HERONDO - FIESTA BUS ROUTE SAFTY COMPARISON 1A. Distance of Bus Traffic from Sidewalk All it takes is a quick look at google satellite photos to realize the homes, apartments and sidewalks on Herondo westbound appear to at least 5-8 times further from the bus and vehicle traffic and sidewalks than the homes on 27th westbound. On 27th Street buses run on a steep street less than 18 inches from a telephone pole obstructed narrow sidewalk. Herondo is flat wide road and its sidewalks are protected from the bus traffic by a large curbside parking buffer and wider roads. Herondo’s sidewalks are unobstructed. 1B. Herondo Eastbound has No Residential Structures Herondo has no residential property eastbound for its entire length. Conversely, 27th is densely packed both eastbound and westbound between Morningside Drive & Manhattan Avenue. There are also significant zoning differences between 27th Street and Herondo. 15 1C. Proximity to Heavily Utilized Park Gould (aka 27th) borders Valley Park and Valley Park is heavily utilized by children, families and seniors the entire Labor and Memorial Day weekend. Herondo has no such park. Buses, parks and children jumping in/out cars is a bad mix! This is especially true on busy holiday weekends with the chaotic bumper to bumper traffic conditions created by the during Fiesta’s Peak Traffic periods. 1F. Cyclists and Pedestrians in the Mix On Herondo cars, buses and bicyclists all have clear visibility. It’s fairly flat so there are no blind spots. On the 27th route, bicyclists from Artesia are often traveling at a high rate of speed because of a steep hill. There is a very difficult intersection at Gould and Ardmore & Gould and Valley where cars and trucks are turning in all directions. Many of the festival visitors are not familiar with this complicated intersection, and the sudden narrowing then widening at Ardmore often creates confusion and hesitation. Festival visitors are often frustrated and even angry as the festival traffic overloads on 27th Street People are looking for parking that are simply not available. This frustration is readily apparent, and mistakes are inevitable. Horns are blaring regularly during peak festival traffic periods. The Gould/Ardmore intersection has up to 8 vehicles simultaneously making decision on whether to proceed. And that doesn’t even include the Valley/Gould intersection! Pedestrian traffic near Valley Park is likely to be higher than on Herondo. This requires verification but there is no doubt the meridians on Gould and Valley present more or a challenge for pedestrians and cyclists than traffic and road conditions on Herondo. Moreover, the Herondo intersection with Hermosa Ave is controlled by Traffic Lights and Pedestrian Crossing lights that are much easier for a person to navigate than the double stop sign quagmire at Ardmore and Valley at the North East corner of Valley Park. 16 Adding buses every 10 minutes all day long will only exacerbate the already existing risks in the same way as trucks exacerbate freeway congestion during stop and go conditions. Bicyclists may become more aggressive when they encounter the heavy festival traffic. Buses on Gould and 27th would only make bicyclists harder to see at this already difficult intersection. 2. NEAR ROADWAY POLLUTION CAUSED BY FIESTA TRAFFIC Note 1: I make no claims to be a pollution expert but unless the city has an expert that has studied the Fiesta traffic on 27th and has hard data on the Near Roadway Pollution effects, I believe it is prudent to err on the side of caution for the reasons I will present below. Note 2: I provide two URLs below that link to an analysis of Near Roadway Pollution effects. One link focuses specifically on the risks to young children in strollers given their proximity to the auto and truck exhaust on near roadway sidewalks. I will make the case that in absence of proof to the contrary, formal notification to the residents of 27th Street WARNING them to keep their doors and windows closed and to avoid the sidewalks during peak fiesta traffic periods MUST BE given unless the city has data to dismiss this concern. This is especially so for households with young children or seniors, residents or holiday visitors that have a predisposition to pollution sensitivity - e.g. asthma or other respiratory vulnerability. 2A. Near Roadway Pollution Effect on 27th Street On 27th, festival traffic reaches bumper to bumper conditions that sometimes last for a couple of hours during both the morning and afternoon rush period. The smell of exhaust is sometimes so thick on 27th between Morningside & Manhattan that you really can’t be in your front yard, your porch, or walking the sidewalk for any length of time without becoming acutely aware of the noxious pollution. This pollution on 27th may well be exacerbated by a Street-Canyon effect; where pollutants are either trapped on the street in low-wind conditions or are channeled up the street with 17 the prevailing winds and possibly dumped into the low-lying areas of Valley Park. The Kiddie Park sits well below the traffic level. Herondo has no such park nor is it susceptible to street-canyon effects that trap toxins. To be a Healthy Hermosa you must DO THE WORK. An informed decision needs to be made on the Near Roadway Pollution risks associated with the festival traffic and considerations must be given to setting up monitors of PM2.5 DPM particle mass measurements as well as VOC’s, CO and NOx particle count measurements. • At the very least, in absence of evidence to the contrary, signs should be posted at the Kiddie Park warning children with a sensitivity to these pollutants to avoid the area during the Fiesta’s peak traffic periods. • The Kiddie Park sits within the radius of Near Roadway Pollution effects per the referenced studies AND the fact that it sits substantially below the roadway raises concerns the heavier than air pollutants may pool in the Kiddie Park. • Buses may only exacerbate the Near Roadway Pollution problem even if they are “clean”, because they will delay traffic movement the same way heavy trucks stopping and starting on the freeway do. • Given the often-persistent smell of vehicle-exhaust on 27th during the Festivals peak periods, letters should be sent to all residents formally warning them to keep their doors and windows closed and avoid the sidewalks during peak traffic periods due to the risk of pollution exposure. The Near Pollution study cited below shows there is even a greater risk to children and infants on the sidewalk near busy roadways. The pollution levels are likely to be high enough to trigger an acute response especially if a child or a senior has a preexisting health condition. This requires expert verification, but the city can no longer ignore this risk, especially as it considers expanding the Fiesta footprint. The study below shows the toxic concentrations at a height of 1 meter are significantly greater than at 2 meters; meaning a greater risk to young children and babies in strollers. Pollution effects must be mathematically modeled by the city assuming standing traffic for a 2-hour period in a street canyon with the same aspect ratio and dimensions of 27th Street and the modeled pollution levels must be compared to the levels that would trigger an acute- response in a senior or child with a predisposition to these effects. Mates IV may provide useful guidance to the city when accessing these risks. 18 Without this analysis or actual near roadway measurements the city simply cannot in good conscience set aside this risk and must err on the side of caution and issue warnings. This analysis and an analysis of the actual truck traffic on 27th Street clearly falls on the Cities Traffic Engineer according to City Ordnance N.S. 238 Section 2.6. This document was provided to me as part of a Freedom-of-Information Request on the Traffic Engineer Duties and Responsibilities. If the Cities Traffic Engineer does not have the expertise to assess the Near Roadway Pollution Effects caused by the bumper to bumper conditions on 27th during Fiesta Peak Traffic periods, then I believe it is incumbent on the city to bring that expertise to bear before the next Fiesta so that an informed decision can be made on whether to warn residents and people with a sensitivity to near roadway pollution to take the appropriate protective measures; both on 27th Street and at the Kiddie Park in Valley Park. 2D. Near Roadway Pollution on Herondo The Near Roadway Pollution effects on Herondo would likely be significantly less than on 27th because of the wider roads, greater distances, and the open areas eastbound on Herondo. 2E. References https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2673207/ https://cityofdavis.org/home/showdocument?id=4209 3. NOISE CONSIDERATIONS: 3A. Distance is a Controlling Factor in Noise Level As previously stated, I estimate the homes and apartments on Herondo Westbound are on average at least 5-8 times the distance from bus traffic as the homes on 27th Westbound. • Roughly speaking Bus noise is cut in half by each doubling of the distance or every 10 meters. • Herondo is a flat road. 27th is a steep road. • Buses make one hell of a lot more noise and generate more pollution on a steep hill than on a flat road. • The failing road condition on 27th Street only exacerbates the tire noise. Conversely, on Herondo the road is in much better condition. • Buses on 27th will only accelerate the deterioration of the 27th Street roadway per the Hermosa Beach Fugro Pavement Condition Study 19 Note: 3 The hill section of 27th between Manhattan and Morningside has a road surface that is riddled with wide transverse cracks that extend the entire width of the road every 30 feet for its entire length. 27th has many depressions and rough-areas where tire noise is greatly amplified. 27th surface is rapidly failing per the Fugro Pavement analysis approved by the city in 2017, and that means it is failing at an exponentially increasing rate. I’ve previously provided the council a chart from the Fugro report that makes this point. Accordingly, Buses and Heavy Construction should actually be diverted from 27th until the end to end road repairs are done and not directed there to support the Fiesta or ANY other special events. In total, the safety, health and quality of life impact fiesta buses would have on Herondo are significantly less than on 27th. Finally, I would like to address the staff-suggestion that the city will receive complaints either way no matter which bus route is selected. This misguided statement spawned further discussion of perhaps having the bus route on Herondo one year and 27 the next or perhaps splitting the bus traffic. This was totally inappropriate given the risks and impacts of 27th versus Herondo are so obviously different. I also suggest it’s the merits of the health, safety and quality of life considerations that matter, not the fact that the city will get complaints either way. Thank You, Anthony Higgins See Pictures below I N T E N T I 0 N A L L Y B L A N K 20 Category: SAFETY Risk: Heavy Trucks on Narrow Road with Obstructed sidewalk Comments: 1. Steep Hill with No Curbside Parking Buffer, Trucks Run at Curbside 2. Crest of Hill Creates Blind Spot. 3. Similar Blind spots do not exist on Herondo or Pier Ave 4. Blindspot endangers Pedestrians and Cyclists coming from Artesia. 5. 27th is a Heavily Damaged and Failing Road. (Safety Implications?) 6. Posted Signs - No Commercial Vehicles over 3 Tons Risk: Narrow Obstructed Sidewalk Images Comment: 1. 27th Street’s narrow sidewalk obstructed by telephone poles 2. In places there is less than 19 inches clearance to curb 3. Baby Strollers have difficulty fitting by poles when trucks pass Hardly Room for Small Dog much Less Baby Stroller And the Plaza Hotel Contractor wants to add 7,500 Heavy Trucks! 21 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0689 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 CITY COUNCIL MEETING MINUTES (City Clerk Elaine Doerfling) Recommended Action: City Clerk recommends that the City Council approve the following minutes: 1. Adjourned Regular meeting of January 12, 2016 2. Adjourned Regular meeting of January 26, 2016 3. Adjourned Regular meeting of February 9, 2016 4. Adjourned Regular meeting of March 8, 2016 5. Adjourned Regular meeting of July 11, 2016 6. Adjourned Regular meeting of September 19, 2016 7. Adjourned Regular meeting of October 18, 2016 8. Adjourned Regular meeting of November 9, 2017 9. Adjourned Regular meeting of December 21, 2017 10. Adjourned Regular meeting of June 6, 2018 11. Adjourned Regular meeting of June 16, 2018 12. Adjourned Regular meeting of June 19, 2018 13. Regular meeting of October 23, 2018 Attachments: The 13 sets of minutes listed above Submitted by: Linda Abbott, Deputy City Clerk Noted: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 5/4/2022Page 1 of 1 powered by Legistar™22 City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Adjourned Meeting Minutes - Draft Tuesday, January 12, 2016 5:00 PM Closed Session - 5:00 p.m. Study Session - 6:00 p.m. Council Chambers Regular Meeting - 7:00 p.m. City Council Mayor Carolyn Petty Mayor Pro Tem Hany Fangary Councilmembers Justin Massey Jeff Duclos 23 City Council Adjourned Meeting Minutes January 12, 2016 City of Hermosa Beach Page 2 of 11 Approved on 11/13/2018 5:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS 5:00 p.m. ROLL CALL Present: Duclos, Fangary, Mayor Petty Absent: Massey (arrived at 5:02 p.m.) PUBLIC COMMENT None RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 5:01 p.m. 1.16-0032 MINUTES: Approval of minutes of Closed Session held on December 8, 2015. 2.16-0029 CONFERENCE WITH LEGAL COUNSEL: Existing Litigation Government Code Section 54956.9(d)(1) Name of Case: City of Azusa, et al. v. County of Los Angeles Los Angeles Superior Court, Case Number: BS152744 3.16-0030 CONFERENCE WITH LEGAL COUNSEL: Anticipation of Litigation Government Code Section 54956.9(d)(2) A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, there is a significant exposure to litigation against the City Council. Number of Potential Cases: 1 (E&B Natural Resources Management) 4.16-0031 CONFERENCE WITH LEGAL COUNSEL: Quarterly Litigation Update (Continued from Closed Session of December 8, 2015) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation - Government Code Section 54956.9(d)(1) a)Name of Case: Clair v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC586695 b)Name of Case: Gietz v. City of Hermosa Beach United States District Court, Case Number: 2:15-CV-08984-JAK(FFMx) c)Name of Case: Khanlian v. City of Hermosa Beach Los Angeles Central Court, Case Number: BC570706 ADJOURNMENT OF CLOSED SESSION 6:15 p.m. 24 City Council Adjourned Meeting Minutes January 12, 2016 City of Hermosa Beach Page 3 of 11 Approved on 11/13/2018 6:00 P.M. – STUDY SESSION CALL TO ORDER 6:19 p.m. PLEDGE OF ALLEGIANCE None ROLL CALL Present: Duclos, Fangary, Massey, Mayor Petty Absent: None 1.REPORT IMPLEMENTATION OF THE DOWNTOWN CORE 16-0036 REVITALIZATION STRATEGY - PARKING STRATEGY (Community Development Director Ken Robertson) Attachments:Downtown Core Revitalization Strategy - Council Actions and Consensus Presentation Slides for Downtown Revitatlization Strategy zoning discussion SUPPLEMENTAL Parking Survey from Chamber of Commerce submitted at meeting (added 1-14-16 at 6pm).pdf PUBLIC COMMENT Sylvia Lautenbach Kimberlee MacMullan, Hermosa Chamber of Commerce President/CEO Sandy Saeman Trent Larson Jim Lissner Rosalyn Anders ADJOURNMENT OF STUDY SESSION 7:22 p.m. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER 7:41 p.m. PLEDGE OF ALLEGIANCE Stacey Armato ROLL CALL Present: Duclos, Fangary, Massey, Mayor Petty Absent: None CLOSED SESSION REPORT City Attorney Jenkins said there was no public comment received prior to Closed Session, nothing was added to the agenda, there were no reportable actions except one involving settlement of a lawsuit against Los Angeles County, and one item was continued for lack of time. 25 City Council Adjourned Meeting Minutes January 12, 2016 City of Hermosa Beach Page 4 of 11 Approved on 11/13/2018 ANNOUNCEMENTS MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER None PROCLAMATIONS / PRESENTATIONS None PUBLIC PARTICIPATION Craig Cadwaller, Surfrider Foundation South Bay Chapter Sandy Saeman Alan Thomen Sylvia Lauterbach Rosalind Bender 1. ORAL AND WRITTEN COMMUNICATIONS a)REPORT LETTER FROM GEOFF HIRSCH DATED DECEMBER 29, 2015 16-0046 REGARDING CALTRANS AND REPAIRS ALONG PACIFIC COAST HIGHWAY FROM 190TH STREET TO ARTESIA Attachments:Letter from Geoff Hirsch.docx Action: To receive and file the written communication from Geoff Hirsch. Motion Massey, second Fangary. The motion carried by a unanimous vote. 2. CONSENT CALENDAR Action: To approve the consent calendar recommendations (a) through (m) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity. (c) Massey; (a) and (h) Fangary. Motion Duclos, second Massey. The motion carried by a unanimous vote. a)REPORT APPROVAL OF CITY COUNCIL MINUTES 16-0053 (Continued from meeting of January 12, 2016) (City Clerk Elaine Doerfling) Attachments:051115 mtg min draft 051215 mtg min draft This item was continued. b)REPORT CHECK REGISTERS 16-0035 (Finance Director Viki Copeland) Attachments:12-03-15.pdf 12-10-15.pdf 12-17-15.pdf 12-17-15a.pdf 26 City Council Adjourned Meeting Minutes January 12, 2016 City of Hermosa Beach Page 5 of 11 Approved on 11/13/2018 12-23-15.pdf 12-30-15.pdf Action: To ratify the above-listed check registers. c)REPORT TENTATIVE FUTURE AGENDA ITEMS 16-0039 Attachments:Tentative Future Agenda.doc Action: To receive and file the Tentative Future Agenda Items. Motion Massey, second Fangary. The motion carried by a unanimous vote. d)REPORT REVENUE AND EXPENDITURE REPORTS FOR OCTOBER 2015 16-0043 (Finance Director Viki Copeland) Attachments:Revenue Report- Oct 2015 Expenditure Report- Oct 2015 Action: To receive and file the October 2015 Financial Reports. e)REPORT REVENUE AND EXPENDITURE REPORTS FOR NOVEMBER 2015 16-0044 (Finance Director Viki Copeland) Attachments:Revenue Report- Nov 2015 Expenditure Report- Nov 2015 Action: To receive and file the November 2015 Financial Reports. f)REPORT CANCELLATION OF CERTAIN CHECKS 16-0037 (City Treasurer Karen Nowicki) Action: To approve cancellation of certain checks as recommended by the City Treasurer. g)REPORT CITY TREASURER’S REPORT AND CASH BALANCE REPORT 16-0038 (City Treasurer Karen Nowicki) Attachments:Oct'15 Treasurer's Report.pdf Oct 15 Cash Balances Report.pdf Nov'15 Treasurer's Report .pdf Nov 15 Cash Balances Report.pdf Action: To receive and file the October and November, 2015 City Treasurer’s Reports and Cash Balance Reports. h)REPORT DATES FOR THE 2015-16 MIDYEAR BUDGET REVIEW 16-0012 AND THE 2016-17 BUDGET WORKSHOP (Continued from meeting of January 12, 2016) (Finance Director Viki Copeland) 27 City Council Adjourned Meeting Minutes January 12, 2016 City of Hermosa Beach Page 6 of 11 Approved on 11/13/2018 Attachments:February 2016 Calendar w Council Mtgs May 2016 Calendar w Council Mtgs June 2016 Calendar w Council Mtgs This item was continued. i)REPORT DONATION OF AMBULANCE 12 TO THE HERMOSA BEACH SISTER 16-0022 CITY ASSOCIATION FOR DELIVERY TO LORETO MEXICO (Interim Fire Chief Pete Bonano) Action: To approve the donation of Ambulance 12 to the Hermosa Beach Sister City Association for delivery to Loreto, Mexico. j)REPORT AGREEMENT WITH THE COUNTY OF LOS ANGELES TO 16-0015 DOCUMENT THE ROLES AND RESPONSIBILITIES OF THE CITY AND COUNTY WITH RESPECT TO THE COUNTY’S TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (TSSP) ALONG AVIATION BOULEVARD (Public Works Director Andrew Brozyna) Attachments:Hermosa Beach_LA County_Aviation Blvd_TSSP Agreement Action: To approve and execute an agreement with the County of Los Angeles to document the roles and responsibilities of the City and County with respect to the County's Traffic Signal Synchronization Program ("TSSP") along Aviation Boulevard within the City of Hermosa Beach. k)REPORT PROJECT STATUS REPORT AS OF NOVEMBER 30, 2015 16-0034 (Public Works Director Andrew Brozyna) Attachments:CIP Project Status Report NOV 2015 Final Action: To receive and file the Project Status Report as of November 30, 2015. l)REPORT SUBJECT: FINAL PARCEL MAP NO. 73012 (C.U.P. CON14-15 & 16-0041 PDP14-22) LOCATION: 651 10TH STREET APPLICANT(S): FRED KOCH REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL PARCEL MAP FOR A 2-UNIT RESIDENTIAL CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Attachments:651 10th Street Resolution Action: To adopt Resolution No. 16-7012, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL 28 City Council Adjourned Meeting Minutes January 12, 2016 City of Hermosa Beach Page 7 of 11 Approved on 11/13/2018 PARCEL MAP NO. 73012, FOR THE SUBDIVISION OF A TWO-UNIT CONDOMINIUM, LOCATED AT 651 10TH STREET IN THE CITY OF HERMOSA BEACH, CALIFORNIA.” m)REPORT SUBJECT: FINAL TRACT MAP NO. 72717 (C.U.P. CON No. 14-9, 16-0042 PDP No. 14-13) LOCATION: 1818-1832 PACIFIC COAST HIGHWAY APPLICANT(S): RAYBURN PROPERTIES, LLC REQUEST: TO ADOPT A RESOLUTION APPROVING FINAL tract MAP FOR A Seven-UNIT RESIDENTIAL CONDOMINIUM PROJECT (Community Development Director Ken Robertson) Attachments:1818-1832 PCH Resolution Action: To adopt Resolution No. 16-7013, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 72717, FOR THE SUBDIVISION OF A SEVEN-UNIT CONDOMINIUM, LOCATED AT 1818-1832 PACIFIC COAST HIGHWAY IN THE CITY OF HERMOSA BEACH, CALIFORNIA.” 3. CONSENT ORDINANCES None 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2a, c and h were heard at this time but are shown in order for clarity. 5. PUBLIC HEARINGS a)REPORT RECOMMENDATION TO AMEND SECTION 10.32.340 OF THE 16-0013 HERMOSA BEACH MUNICIPAL CODE PERTAINING TO THE PARKING OF OVERSIZED VEHICLES (Police Chief Sharon Papa) Attachments:Oversized Vehicle Ordinance 11-1325 Redline 1-2016.pdf The public hearing opened at 8:33 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:33 p.m. Action: To waive full reading and introduce by title Ordinance No. 16-1359, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 10.32.340 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING PARKING OF OVERSIZED VEHICLES,” with the addition of the word “Residential” at the beginning of section D1ciii. Motion Massey, second Fangary. The motion carried by a unanimous vote. 29 City Council Adjourned Meeting Minutes January 12, 2016 City of Hermosa Beach Page 8 of 11 Approved on 11/13/2018 b)REPORT TEXT AMENDMENT TO THE MUNICIPAL CODE, TITLE 12.16 16-0040 (ENCROACHMENTS) TO FACILITATE THE ADDITION OF A LIMITED (200 SQUARE FEET) OUTDOOR DINING AREA FOR FOOD SERVICE ESTABLISHMENTS WITHIN PIER PLAZA THAT SERVE NO ALCOHOL AND OPERATE BETWEEN THE HOURS OF 7:00 A.M. TO 10:00 P.M., AND ADOPTION OF AN ENVIRONMENTAL NEGATIVE DECLARATION (Community Development Director Ken Robertson) Attachments:Text Amendment 15-5 - Ordinance TA 15-5 FINAL PC Reso 15-29 TA 15-5 PC Staff Report and Initial Study and Negative Declaration TA 15-5 Relevant Parking Code Sections Pier Plaza Outdoor Dining Design and Operational Standards The public hearing opened at 8:40 p.m. The public hearing closed at 8:44 p.m. Action: To waive full reading and introduce by title Ordinance No. 16-1630, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, TITLE 12.16 (ENCROACHMENTS) TO WAIVE COMPLIANCE WITH PARKING STANDARDS FOR SMALL OUTDOOR DINING AREAS IN PIER PLAZA.” Motion Massey, second Fangary. The motion carried by a unanimous vote. c)REPORT APPROVAL OF FISCAL YEAR 2016-2017 COMMUNITY 16-0049 DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ALLOCATIONS FOR AMERICANS WITH DISABILITIES ACT IMPROVEMENTS AND COMMUNITY SERVICES AGENCIES (Community Development Director Ken Robertson) Attachments:Resolution.pdf The public hearing opened at 8:58 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:58 p.m. Action: To adopt Resolution No. 16-7014, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2016-2017.” Motion Duclos, second Massey. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a)REPORT SPECIAL EVENT POLICY GUIDE UPDATE INCLUDING POLICY 16-0033 UPDATES AND TIMELINES FOR 2016 SPECIAL EVENTS, 2016 DATE APPROVALS, AND AFFIRMATION OF PLANS FOR 2017 30 City Council Adjourned Meeting Minutes January 12, 2016 City of Hermosa Beach Page 9 of 11 Approved on 11/13/2018 POLICY GUIDE CREATION (Community Resources Manager Kelly Orta) Attachments:Best Practices Research 2016 Policy Updates Presentation Impact Characteristics Worksheet Mission Statement and Objectives for Special Events 2016 Special Event Timeline SUPPLEMENTAL Letter from Sam Perrotti (added 1-11-16 at 11am).pdf SUPPLEMENTAL Information from Community Resources Manager Kelly Orta (added 1-12-16 at 2pm).pdf Public comment Action: To: 1) Approve the Parks and Recreation Advisory Commission's recommendations for policy updates for special events held in 2016 including the immediate creation of a tentative calendar of beach events with final approval subject to completion of the formal approval process; 2) Affirm the tentative calendar of events held at locations excluding the beach with final event approval subject to completion of the formal approval process; and 3) Affirm direction in creating the formal Special Event Policy Guide for implementation in 2017. Motion Massey, second Duclos. The motion carried by a unanimous vote. It was Council consensus to continue tonight’s meeting until 11:30 p.m. b)REPORT REQUEST FOR INSTALLATION OF SPEED CUSHIONS ON 16TH 16-0011 STREET BETWEEN MIRA STREET AND BONNIE BRAE STREET (Public Works Director Andrew Brozyna) Attachments:speed humps Policies and Guidelines_1-8-16 attach 1 Notice 16th St Speed Humps_1-8-16 attach 2 DRAFT action minutes 11-18-15 draft for cc 1-12-16 J Anderson Email_speed cushions attach 4 M Brown Email_speed cushions attach 5 SUPPLEMENTAL Memo and Attachment from Public Works Director Andrew Brozyna (added 1-11-16 at 11am).pdf SUPPLEMENTAL Letter from Lee and Dee Grant (added 1-11-16 at 11am).pdf SUPPLEMENTAL Letter from Kyle Clifford (added 1-11-16 at 11am).pdf SUPPLEMENTAL Letter from Bob Andreani (added 1-11-16 at 11am).pdf SUPPLEMENTAL Letter from Julian Katz (added 1-14-16 at 6pm).pdf SUPPLEMENTAL Photos from Melinda Brown submitted at meeting (added 1-14-16 at 6pm).pdf SUPPLEMENTAL Letter from Rosalind Bender and Alan Thomen submitted at meeting (added 1-14-16 at 6pm).pdf Public comment Action: To approve installation of a speed cushion on 16th Street between Mira Street and Bonnie Brae Street at 929 16th Street as recommended by the Public Works Commission. Motion Duclos, second Fangary. The motion carried by a unanimous vote. 31 City Council Adjourned Meeting Minutes January 12, 2016 City of Hermosa Beach Page 10 of 11 Approved on 11/13/2018 c)REPORT PHOTOVOLTAIC SOLAR PROJECTS - 16-0052 REQUEST FOR PROPOSAL (RFP) FOR MUNICIPAL FACILITIES (Environmental Analyst Kristy Morris) Attachments:Draft_Solar_Installation_RFP.docx Action: To review the RFP for potential solar projects on municipal facilities, provide direction on the issuance of the RFP, and authorize staff to issue the RFP. Motion Massey, second Duclos. The motion carried by a unanimous vote. d)REPORT DIRECTION REGARDING PEER REVIEW OF THE FORTHCOMING 16-0051 COST-BENEFIT ANALYSIS PREPARED BY SKECHERS FOR ITS PROPOSED OFFICE PROJECT ON PACIFIC COAST HIGHWAY (Community Development Director Ken Robertson) Action: To direct staff and the City’s EIR consultant to meet with Kosmont to understand the scope, see if there are deficiencies, determine if peer review is needed (and the cost if so), and report back to Council for additional direction. Motion Fangary, second Duclos. The motion carried by a unanimous vote. e)REPORT DIRECTION ON NOTIFICATION REQUIREMENTS RELATING TO 16-0047 THE PROPOSED SKECHERS DEVELOPMENT (Community Development Director Ken Robertson) Attachments:Resolution establishing noticing requirements for public hearings Proof of publication of 11-12-15 Easy Reader ad for Skechers EIR Notice of Preparation Public Review and Scoping Meeting Action: To direct staff to: 1. Increase notification relating to the proposed Skechers development to 1000 feet; 2. Continue with the public notification procedures outlined in the staff report; and 3. Return to Council if additional guidance is desired. Motion Fangary, second Massey. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL None 8. OTHER MATTERS - CITY COUNCIL a)16-0045 COUNCILMEMBER DUCLOS REQUESTS TO DIRECT STAFF, WORKING IN COOPERATION WITH THE CHAMBER OF COMMERCE, TO INVESTIGATE AND REPORT BACK TO THE CITY COUNCIL ON OPTIONS AND STRATEGIES FOR INSTALLING A PERMANENT CAROUSEL AT THE ENTRY POINT TO PIER PLAZA. 32 City Council Adjourned Meeting Minutes January 12, 2016 City of Hermosa Beach Page 11 of 11 Approved on 11/13/2018 THIS WOULD INCLUDE A PRELIMINARY COST BENEFIT ANALYSIS AND IMPLEMENTATION OF THE CITY DECISION MAKING TOOL. (Continued from meeting of January 12, 2016) 2015 STRATEGIC PLAN (For reference when considering Other Matters items) Attachments:2015 Plan in Brief 2014-2015 Performance Report 2015-2020-2030 Strategic Plan 2015 Action Agenda Governance Guiding Principles and Protocols: Operating Guidelines Decision Making Tool To continue this item. ADJOURNMENT Elaine Doerfling Linda Abbott City Clerk Deputy City Clerk 12:17 a.m.,Wednesday, January 13, 2016. 33 City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Adjourned Meeting Minutes - draft Tuesday, January 26, 2016 5:00 PM Closed Session - 5:00 p.m. Study Session: General Plan - 6:00 p.m. Council Chambers Regular Meeting - 7:00 p.m. City Council Mayor Carolyn Petty Mayor Pro Tem Hany Fangary Councilmembers Justin Massey Jeff Duclos 34 City Council Adjourned Meeting Minutes January 26, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 2 of 12 5:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS 5:03 p.m. ROLL CALL Present: Duclos, Fangary, Massey, Mayor Petty Absent: None PUBLIC COMMENT None RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 5:04 p.m. 1.16-0085 MINUTES: Approval of minutes of Closed Session held on January 12, 2016. 2.16-0086 CONFERENCE WITH LEGAL COUNSEL: Quarterly Litigation Update (Continued from Closed Session of December 8, 2015) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation - Government Code Section 54956.9(d)(1) a)Name of Case: Clair v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC586695 b)Name of Case: Gietz v. City of Hermosa Beach United States District Court, Case Number: 2:15-CV-08984-JAK(FFMx) c)Name of Case: Khanlian v. City of Hermosa Beach Los Angeles Central Court, Case Number: BC570706 3.16-0087 CONFERENCE WITH LEGAL COUNSEL: Existing Litigation Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Miller v. City of Hermosa Beach, et al. United States District Court, Case Number: 2:15-CV-8464 4.16-0088 CONFERENCE WITH LEGAL COUNSEL: Existing Litigation Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: McColgan v. City of Hermosa Beach WCAB Numbers: ADJ8223619; ADJ8226385 ADJOURNMENT OF CLOSED SESSION 6:15 p.m. 35 City Council Adjourned Meeting Minutes January 26, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 3 of 12 6:00 P.M. – STUDY SESSION CALL TO ORDER 6:20 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present: Duclos, Fangary, Massey, Mayor Petty Absent: None 1.REPORT 16-0098 PLAN HERMOSA (GENERAL PLAN/LOCAL COASTAL PROGRAM) CITY COUNCIL UPDATE AND REVIEW PROCESS (Community Development Director Ken Robertson) Attachments:SUPPLEMENTAL Letter and Attachment from Robert Fortunato (added 1-26-16 at 3pm).pdf PUBLIC COMMENT ADJOURNMENT OF STUDY SESSION 7:22 p.m. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER 7:41 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present: Duclos, Fangary, Massey, Mayor Petty Absent: None CLOSED SESSION REPORT City Attorney Jenkins said there was no public comment received prior to Closed Session, no items were added to the agenda, and there were no reportable actions. ANNOUNCEMENTS MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a)16-0092 UPDATE ON THE REDONDO BEACH WATERFRONT PROJECT - 36 City Council Adjourned Meeting Minutes January 26, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 4 of 12 EIR COMMENTS Attachments:Redondo Beach Waterfront DEIR - Hermosa Beach Comment Letter.pdf PROCLAMATIONS / PRESENTATIONS a)16-0102 SOUTHERN CALIFORNIA EDISON RELIABILITY UPDATE FROM REPRESENTATIVES CONSTANCE TURNER AND PAUL HENNESSY Attachments:2015 Reliability Report - Hermosa Beach.pdf SUPPLEMENTAL Letter from business owner Kristine Ashley (added 1-26-16 at 9am).pdf SUPPLEMENTAL 2016 Reliability Report - Hermosa Beach (added 1-27-16 at 2pm).pdf SUPPLEMENTAL Information on how to file a claim with SCE (added 1-27-16 at 2pm).pdf b)16-0091 WINNER OF THE 6TH ANNUAL HERMOSA BEACH PARKING PERMIT ART CONTEST PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: a)REPORT LETTERS FROM GEOFF HIRSCH DATED JANUARY 7, 2016 16-0089 REGARDING DIAL-A-RIDE SERVICE Attachments:Letter from Geoff Hirsch - Taxi Issues.docx Letter from Geoff Hirsch - Hermosa Dial-A-Ride Service.docx Letter from Geoff Hirsch - Taxicab Franchise Agreements.docx Jun 2015 Taxicab Franchise Agreement-All Yellow Taxi.pdf Jun 2015 Taxicab Franchise Agreement-South Bay Yellow Cab.pdf Letter from Geoff Hirsch - Dial-A-Ride Amendments.docx Oct 2015 Dial-A-Ride 1st Amend-All Yellow Taxi.pdf Oct 2015 Dial-A-Ride 1st Amend-South Bay yellow Co-op .pdf Action: To receive and file the letter, and to agendize discussion of this issue at the February 23, 2016 Regular meeting. Motion Fangary, second Massey. The motion carried by a unanimous vote. b)REPORT LETTER FROM KENT ALLEN DATED JANUARY 19, 2016 16-0093 REGARDING HOPE CHAPEL Attachments:Letter from Kent Allen.pdf SUPPLEMENTAL Letter from Hope Chapel (added 1-26-16 at 5pm).pdf Action: To receive and file the letter. Motion Fangary, second Massey. The motion carried by a unanimous vote. c)REPORT LETTER FROM FRED HUEBSCHER DATED JANUARY 19, 2016 16-0094 REGARDING HERMOSA BEACH MUNICIPAL CODE SECTION 37 City Council Adjourned Meeting Minutes January 26, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 5 of 12 8.24.050 (PERMISSIBLE HOURS OF CONSTRUCTION) Attachments:Letter from Fred Huebscher.docx Municipal Code Section 8.24.050.docx Action: To receive and file the letter. Motion Fangary, second Massey. The motion carried by a unanimous vote. 2. CONSENT CALENDAR: Action: To approve the Consent Calendar recommendations (a) through (n) with the exception of the following items, which were removed for discussion in item 4, but are shown in order for clarity: (l) Massey; (c), (f), (g) and (h) Fangary. Motion Fangary, second Duclos. The motion carried by a unanimous vote. a)REPORT MEMORANDUM REGARDING CITY COUNCIL MINUTES 16-0101 (City Clerk Elaine Doerfling) Action: To receive and file the City Clerk's memorandum. b)REPORT CHECK REGISTERS 16-0080 (Finance Director Viki Copeland) Attachments:01-07-16 01-14-16 Action: To ratify the above-listed check registers. c)REPORT TENTATIVE FUTURE AGENDA ITEMS 16-0064 (Continued from meeting of January 26, 2016) Attachments:Tentative Future Agenda.doc This item was continued. d)REPORT REVENUE AND EXPENDITURE REPORTS FOR DECEMBER 2015 16-0070 (Finance Director Viki Copeland) Action: To receive and file the memorandum regarding the Revenue and Expenditure Reports for December 2015. e)REPORT CITY TREASURER’S REPORT AND CASH BALANCE REPORT 16-0090 (City Treasurer Karen Nowicki) Attachments:December '15 Treasurer Report .pdf 38 City Council Adjourned Meeting Minutes January 26, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 6 of 12 December '15 Cash Balances Report.pdf Action: To receive and file the December 2015 City Treasurer's Report and Cash Balance Report. f)REPORT ACTION SHEET OF THE PLANNING COMMISSION 16-0056 MEETING OF JANUARY 19, 2016 (Continued from meeting of January 26, 2016) Attachments:Planning Commission Action Sheet 1-19-16 This item was continued. g)REPORT PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS 16-0057 (Continued from meeting of January 26, 2016) Attachments:Planning Commsission Tentative 2-16-16 agenda This item was continued. h)REPORT ACTION MINUTES OF THE PUBLIC WORKS COMMISSION 16-0062 MEETING OF NOVEMBER 18, 2015 (Continued from meeting of January 26, 2016) Attachments:action minutes 11-18-15 for cc 1-26-16 This item was continued. i)REPORT CIP NO. 10-661 SURFING LEGENDS MEMORIAL STATUE 16-0065 COMPLETION OF CONSTRUCTION CONTRACT AND ACCEPTANCE OF WORK (Director of Public Works Andrew Brozyna) Attachments:(draft II) Accept Construction and File NOC 1.12.16_attach 1 Action: To: 1. Accept the work performed by Concept Consultant, Inc. for CIP No. 10-661 Surfing Legends Memorial Statue; 2. Authorize the Mayor to sign the Notice of Completion; and 3. Authorize staff to release payment to Concept Consulting, Inc. (5% retained for 35 days following filing of Notice of Completion). j)REPORT CIP NO. 13-401 SEWER IMPROVEMENTS AT VARIOUS LOCATIONS 16-0072 CONSTRUCTION COMPLETION AND ACCEPTANCE OF WORK (Director of Public Works Andrew Brozyna) 39 City Council Adjourned Meeting Minutes January 26, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 7 of 12 Attachments:NOC CIP 13-401 Sewer Improvements_attach 1 Action: To: 1. Accept the work performed by Vasilj Inc. for CIP Project No. 13-401 Sewer Improvements at Various Locations as complete; 2. Authorize the Mayor to sign the Notice of Completion; and 3. Authorize staff to release payment to Vasilj Inc. (5% retained 35 days following filing of Notice of Completion). k)REPORT RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION FOR 16-0074 CALRECYCLE PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS (Environmental Analyst Kristy Morris) Attachments:Payment program resolution_HermosaBeach.docx Action: To adopt Resolution No. 16-7015, entitled “A RESOLUTION OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING SUBMITTAL OF APPLICATION FOR PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS.” l)REPORT ACCEPTANCE OF DONATIONS 16-0075 (Continued from meeting of January 26, 2016) (Finance Director Viki Copeland) This item was continued. m)REPORT APPROVAL OF AMENDMENT TO PROFESSIONAL SERVICES 16-0084 AGREEMENT WITH RAIMI+ASSOCIATES TO PREPARE AN INTEGRATED GENERAL PLAN UPDATE AND COASTAL LAND USE PLAN AND ENVIRONMENTAL IMPACT REPORT BY AMENDING THE SCOPE OF WORK AND COST BY UP TO $41,902 TO PROVIDE ADDITIONAL PUBLIC OUTREACH AND PROJECT MANAGEMENT SUPPORT (Community Development Director Ken Robertson) Attachments:Amendment to Professional Services Agreement and Exhibit A Raimi Contract Amendment 4-28-15 Staff Report and attachments Action: To approve an amendment to the Professional Services Agreement with Raimi + Associates to prepare a General Plan Update integrating the Coastal Land Use Plan and an Environmental Impact Report by amending the Scope of Work and Cost, and approving an appropriation of $41,902. n)REPORT PROJECT STATUS REPORT AS OF DECEMBER 31, 2015 16-0073 (Public Works Director Andrew Brozyna) Attachments:CIP Project Status Report DEC 2015 40 City Council Adjourned Meeting Minutes January 26, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 8 of 12 Action: To receive and file the Project Status Report as of December 31, 2015. 3. CONSENT ORDINANCES a)REPORT ORDINANCE NO. 16-1359 - “AN ORDINANCE OF THE CITY OF 16-0081 HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 10.32.340 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING PARKING OF OVERSIZED VEHICLES” (City Clerk Elaine Doerfling) Attachments:16-1359 - Oversized Vehicle Parking Public comment Action: To waive full reading and adopt by title Ordinance No. 16-1359, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTION 10.32.340 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING PARKING OF OVERSIZED VEHICLES,”with clerical correction to include the word “residential” in Section 1, F, 2, a, iii, c to make it materially consistent. Motion Massey, second Fangary. The motion carried by a unanimous vote. b)REPORT ORDINANCE NO. 16-1360 - “AN ORDINANCE OF THE CITY OF 16-0082 HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, TITLE 12.16 (ENCROACHMENTS) TO WAIVE COMPLIANCE WITH PARKING STANDARDS FOR SMALL OUTDOOR DINING AREAS IN PIER PLAZA” (City Clerk Elaine Doerfling) Attachments:16-1360 Encroachments-Parking Reqs Action: To waive full reading and adopt by title Ordinance No. 16-1360, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING THE MUNICIPAL CODE, TITLE 12.16 (ENCROACHMENTS) TO WAIVE COMPLIANCE WITH PARKING STANDARDS FOR SMALL OUTDOOR DINING AREAS IN PIER PLAZA.” Motion Duclos, second Massey. The motion carried by a unanimous vote. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2c, f, g, h, and l were heard at this time but are shown in order for clarity. a)REPORT APPROVAL OF CITY COUNCIL MINUTES 41 City Council Adjourned Meeting Minutes January 26, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 9 of 12 16-0053 (Continued from meeting of January 12, 2016) (City Clerk Elaine Doerfling) Attachments:051115 mtg min draft 051215 mtg min draft This item was continued. b)REPORT DATES FOR THE 2015-16 MIDYEAR BUDGET REVIEW 16-0012 AND THE 2016-17 BUDGET WORKSHOP (Continued from meeting of January 12, 2016) (Finance Director Viki Copeland) Attachments:February 2016 Calendar w Council Mtgs May 2016 Calendar w Council Mtgs June 2016 Calendar w Council Mtgs This item was continued. 5. PUBLIC HEARINGS a)REPORT AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING 16-0055 CHAPTER 2.56 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING EMERGENCY SERVICES (Interim Fire Chief Pete Bonano) Attachments:Redline Version of Chapter 2.56.pdf Ordinance with strike through final.pdf Ordinance Without Strike through The public hearing opened at 9:45 p.m. As no one came forward to address the Council on this item, the public hearing closed at 9:45 p.m. Action: To waive full reading and introduce by title Ordinance No. 16-1361, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 2.56 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING EMERGENCY SERVICES.” Motion Duclos, second Fangary. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a)REPORT DIRECTION REGARDING THE PROPOSED WEST BASIN 16-0099 MUNICIPAL WATER DISTRICT DESALINATION PROJECT, AND THE RELATED EIR AND OTHER UPCOMING ACTIVITIES, INCLUDING PROVIDING COMMENTS RELATING TO THE EIR, AND 42 City Council Adjourned Meeting Minutes January 26, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 10 of 12 EVALUATING TAKING A POSITION IN SUPPORT OF OR IN OPPOSITION TO, THE PROPOSED DESALINATION PROJECT (Environmental Analyst Kristy Morris) Attachments:Letter Opposing the Proposed Desalination Project.pdf SUPPLEMENTAL Letter from West Basin Municipal Water District General Manager Rich Nagel (added 1-26-16 at 3pm).pdf Public comment Direction was given to agendize additional discussion of this plant at the upcoming Issue Papers meeting, listing options for level of participation, cost and staff time. It was Council consensus to continue tonight’s meeting until midnight. b)REPORT 2014-15 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 16-0095 (Including Report from Independent Auditor) (Continued from meeting of January 26, 2016) (Finance Director Viki Copeland) Attachments:FINAL2015_Hermosa Beach_CAFR_FINAL_12292015 SUPPLEMENTAL Letter and Attachments from Jim Lissner (added 2-22-16 at 4pm).pdf This item was continued. c)REPORT LETTER OF SUPPORT FOR GREEN STREET FUNDING FOR 16-0083 ENHANCED WATERSHED MANAGEMENT PLAN COMPLIANCE (Environmental Analyst Kristy Morris) Attachments:Ltr - Green Street Funding Request - Measure R2 (012616).doc Action: To direct staff to submit a letter to the METRO Board supporting a separate fund for Green Streets in the proposed Measure R2. Motion Duclos, second Massey. The motion carried by a unanimous vote. d)REPORT OVERVIEW OF EXISTING AT&T WIRELESS FACILITY 16-0100 AT 29TH COURT AND RELOCATION OPTIONS IN VALLEY PARK (Community Development Director Ken Robertson) Attachments:AT&T Attachment 1 AT&T Attachment 2 AT&T Attachment 3 AT&T Attachment 4 43 City Council Adjourned Meeting Minutes January 26, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 11 of 12 AT&T Attachment 5 AT&T Attachment 6 AT&T Attachment 7 AT&T Attachment 8 AT&T Attachment 9 - Comparison Matrix SUPPLEMENTAL Memorandum from Community Development Director Ken Robertson (added 1-26-16 at 3pm).pdf Public comment Action: To direct staff to hire a consultant to evaluate other options to meet AT&T’s needs and return to Council with their findings a future meeting. Motion Fangary, second Massey. The motion carried by a unanimous vote. e)REPORT PUBLIC COMMENT PERIOD FOR ENVIRONMENTAL IMPACT 16-0059 REPORTS RELATED TO STRAND & PIER HOTEL, SKECHERS AND PLAN HERMOSA (Community Development Director Ken Robertson) Attachments:Letter from Skechers dated January 14 regarding Public Review Period for EIR.pdf SUPPLEMENTAL Letter from Strand and Pier Holdings regarding Public Review Period for EIR (added 1-25-16 at 10am).pdf Action: To extend the public comment period to 60 days. Motion Massey, second Fangary. The motion carried 3-1, with Petty the dissenting vote. 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL REPORT a)16-0066 MAYOR PETTY TO REPORT ON HER ATTENDANCE AT THE 2016 UNITED STATES CONFERENCE OF MAYORS IN WASHINGTON D.C. FROM JANUARY 20 - 22, 2016 (Continued from meeting of January 26, 2016) REPORT b)16-0067 COUNCILMEMBER MASSEY TO REPORT ON HIS ATTENDANCE AT THE 2016 NEW MAYORS AND COUNCILMEMBERS ACADEMY IN SACRAMENTO FROM JANUARY 20 - 22, 2016 (Continued from meeting of January 26, 2016) c)REPORT PLANNING COMMISSION SPECIAL VACANCY 16-0068 UNEXPIRED TERM ENDING JUNE 30, 2016 (City Clerk Elaine Doerfling) Attachments:Ron Pizer letter Ryan Nowicki PC app SUPPLEMENTAL Application from Marie Rice (added 1-26-16 at 4pm).pdf 44 City Council Adjourned Meeting Minutes January 26, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 12 of 12 SUPPLEMENTAL Application from Andrea Giancoli (added 1-27-16 at 2pm).pdf It was Council consensus to schedule the interviews of all five applicants for 5:00 p.m., Tuesday, February 9, 2016. 8. OTHER MATTERS - CITY COUNCIL REPORT a)16-0045 COUNCILMEMBER DUCLOS REQUESTS TO DIRECT STAFF, WORKING IN COOPERATION WITH THE CHAMBER OF COMMERCE, TO INVESTIGATE AND REPORT BACK TO THE CITY COUNCIL ON OPTIONS AND STRATEGIES FOR INSTALLING A PERMANENT CAROUSEL AT THE ENTRY POINT TO PIER PLAZA. THIS WOULD INCLUDE A PRELIMINARY COST BENEFIT ANALYSIS AND IMPLEMENTATION OF THE CITY DECISION MAKING TOOL. (Continued from meeting of January 12, 2016) 2015 STRATEGIC PLAN (For reference when considering Other Matters items) Attachments:2015 Plan in Brief 2014-2015 Performance Report 2015-2020-2030 Strategic Plan 2015 Action Agenda Governance Guiding Principles and Protocols: Operating Guidelines Decision Making Tool ADJOURNMENT 12:39 a.m., Wednesday, January 27, 2016. Elaine Doerfling Linda Abbott City Clerk Deputy City Clerk 45 Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Adjourned Meeting Minutes – draft Tuesday, February 9, 2016 5:00 PM Planning Commission Applicant Interviews - 5:00 PM Closed Session - 6:00 PM Council Chambers Regular Meeting - 7:00 PM City Council Mayor Carolyn Petty Mayor Pro Tem Hany Fangary Councilmembers Jeff Duclos Justin Massey 46 City Council Adjourned Meeting Minutes February 9, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 2 of 13 5:00 P.M. - PLANNING COMMISSION APPLICANT INTERVIEWS (LOCATION: Second Floor Conference Room) CALL TO ORDER 5:04 p.m. ROLL CALL Present: Duclos, Fangary, Massey, Mayor Petty Absent: None Also present were Community Development Director Ken Robertson and Assistant City Attorney Lauren Langer. INTERVIEWS 1.16-0126 APPLICANTS FOR VACANCY ON THE PLANNING COMMISSION FOR AN UNEXPIRED TERM ENDING JUNE 30, 2016 Attachments:Julie Hamill Application Andrea Giancoli Application.pdf Marie Rice Application.pdf Lael Stabler Application SUPPLEMENTAL Withdrawal of Application from Ryan Nowicki (added 2-8-16 at 12pm).pdf ADJOURNMENT OF INTERVIEWS 5:49 p.m. 6:00 P.M. – CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER 6:00 p.m. ROLL CALL Present: Duclos, Fangary, Massey, Mayor Petty Absent: None PUBLIC COMMENT None RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 6:01 p.m. 1.16-0109 MINUTES: Approval of minutes of Closed Session held on January 26, 2016. 47 City Council Adjourned Meeting Minutes February 9, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 3 of 13 2.16-0110 CONFERENCE WITH LEGAL COUNSEL: Existing Litigation Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Johnson v. City of Hermosa Beach WCAB Numbers: ADJ9441576; ADJ9591085 3.16-0112 CONFERENCE WITH LEGAL COUNSEL: Existing Litigation Government Code Section 54956.9(d)(1) The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Miller v. City of Hermosa Beach, et al. United States District Court, Case Number: 2:15-CV-8464 ADJOURNMENT OF CLOSED SESSION 7:00 p.m. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER 7:05 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present: Duclos, Fangary, Massey, Mayor Petty Absent: None CLOSED SESSION REPORT Assistant City Attorney Lauren Langer said two items were discussed, and there were no reportable actions. ANNOUNCEMENTS MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER a)REPORT CNG STATION AND FUELING UPDATE 48 City Council Adjourned Meeting Minutes February 9, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 4 of 13 16-0130 (City Manager Tom Bakaly) b)REPORT UPDATE ON ATHENS SERVICES: 16-0131 CURRENT SERVICES, AB1826 AND PIER PLAZA COMPACTOR (City Manager Tom Bakaly) PROCLAMATIONS / PRESENTATIONS a)16-0132 PRESENTATION BY PARKER BLEVINS OF MS. ROBINSON’S VIEW SCHOOL SECOND GRADE CLASS ON WHAT STUDENTS LIKE ABOUT HERMOSA BEACH AND WHAT THEY’D LIKE TO SEE ADDED This item was continued. b)16-0119 RECOGNIZING THE SOUTH PARK UNIVERSALLY ACCESSIBLE & NATURAL PLAYGROUND DESIGN COMMITTEE FOR THEIR WORK AND CONTRIBUTION TOWARDS THE SUCCESSFUL GRAND RE-OPENING OF SOUTH PARK AND LOCAL GIRL SCOUT DAISY TROOP TO PRESENT DONATION CHECK TO THE CITY OF HERMOSA BEACH FROM THEIR FUNDRAISING EFFORTS DURING THE GRAND RE-OPENING c)16-0120 RECOGNIZING RON PIZER FOR HIS SERVICE ON THE PLANNING COMMISSION FROM JULY 23, 1996 - JANUARY 11, 2016 PUBLIC PARTICIPATION: 1.ORAL AND WRITTEN COMMUNICATIONS: a)REPORT LETTER FROM KENT ALLEN DATED FEBRUARY 1, 2016 16-0122 REGARDING A NICE COMPLIMENT TO CITY STAFF Attachments:Letter from Kent Allen.pdf Action: To receive and file the letter. Motion Fangary, second Massey. The motion carried by a unanimous vote. 49 City Council Adjourned Meeting Minutes February 9, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 5 of 13 CONSENT CALENDAR: Action: To approve the Consent Calendar recommendations (a) through (h) with the exception of the following item, which was removed for separate discussion later in the meeting: (c) Fangary. Motion Duclos, second Fangary. The motion carried by a unanimous vote. a)REPORT APPROVAL OF CITY COUNCIL MINUTES 16-0133 (City Clerk Elaine Doerfling) Attachments:052115 adj.reg.mtg.draft 05-26-15 draft minutes Action: To approve the above-listed minutes. b)REPORT CHECK REGISTERS 16-0105 (Finance Director Viki Copeland) Attachments:01-21-16 01-25-16 01-28-16 Action: To ratify the above-listed check registers. c)REPORT TENTATIVE FUTURE AGENDA ITEMS 16-0115 Attachments:Tentative Future Agenda.doc Action: To receive and file the Tentative Future Agenda Items. Motion Fangary, second Duclos. The motion carried by a unanimous vote. d)REPORT ACTION MINUTES OF THE PARKS, RECREATION AND 16-0123 COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF DECEMBER 1, 2015 Attachments:12-1-15 Minutes.pdf Action: To receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 1, 2015. e)REPORT MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF 16-0114 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 50 City Council Adjourned Meeting Minutes February 9, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 6 of 13 ADMINISTRATION AND COST SHARING FOR COORDINATION AND IMPLEMENTATION OF THE COORDINATED INTEGRATED MONITORING PROGRAM (CIMP IMPLEMENTATION MOU). (Environmental Analyst Kristy Morris) Attachments:CIMP Implementation MOU.pdf Exhibit A.pdf Action: To approve a three-year memorandum of understanding (MOU) with an option to extend for an additional three years. f)REPORT THE HERMOSA BEACH COMMUNITY GARDEN OCCUPANCY 16-0129 LICENSE AGREEMENT AND COMMUNITY GARDEN CONTRACT AND WAIVER, RULES, TERMS AND CONDITIONS FOR PARTICIPATION AND FUNDRAISING EVENTS ASSOCIATED WITH OPENING WEEKEND (Environmental Analyst Kristy Morris) Attachments:Site Plan Occupancy License Agreement Contract and Waiver, Rules, Terms and Conditions for Participation Certificate of liability insurance SUPPLEMENTAL Memo from Kristy Morris and Revised Occupancy License Agreement (added 2-9-16 at 3pm).pdf Action: To: 1. Approve the Hermosa Beach Community Garden Occupancy License Agreement and Contract and Waiver, Rules, Terms and Conditions for Participation; 2. Approve Community Garden events including the Opening Day Ceremony and fundraising events; and 3. Approve an additional appropriation of $2,500 from the General Fund for fundraising, education, and outreach. g)REPORT CONSIDERATION OF A RESOLUTION DECLARING THE CITY’S 16-0113 PARTICIPATION IN EARTH HOUR ON MARCH 19, 2016 FROM 8:30 P.M. TO 9:30 P.M. AND PROMOTING EARTH DAY ON APRIL 22, 2016 (Environmental Analyst Kristy Morris) Attachments:Attachment 1.docx Action: To adopt Resolution No. 16-7016, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DECLARING PARTICIPATION IN EARTH HOUR ON MARCH 19, 2016 FROM 8:30 PM TO 9:30 P.M. INCLUDING TURNING OFF ALL NON-ESSENTIAL LIGHTING AND ELECTRIC 51 City Council Adjourned Meeting Minutes February 9, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 7 of 13 DEVICES IN MUNICIPAL AND OTHER FACILITIES, AND URGING PARTICIPATION IN EARTH DAY ON APRIL 22, 2016.” h)REPORT RECOMMENDATION TO REJECT CLAIMS 16-0117 (Human Resources Manager Vanessa Godinez) Attachments:Chung, Claim Report Action: To reject the following claim and refer it to the City Liability Claims Administrator for further investigation due to the discrepancy of statements from the parties involved: Claimant: Yu Ting Chung Date of Loss: 8/23/2015 Date Filed: 11/18/2015 Allegation: Property damage (claimant's vehicle) 3. CONSENT ORDINANCES a)REPORT ORDINANCE NO. 16-1361 - “AN ORDINANCE OF THE CITY OF 16-0125 HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 2.56 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING EMERGENCY SERVICES” (City Clerk Elaine Doerfling) Attachments:16-1361 Emergency Services Amendment Action: To waive full reading and adopt by title Ordinance No. 16-1361, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING CHAPTER 2.56 OF THE HERMOSA BEACH MUNICIPAL CODE REGARDING EMERGENCY SERVICES.” Motion Duclos, second Massey. The motion carried by a unanimous vote. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Item 2c was heard at this time but is shown in order for clarity. a)REPORT APPROVAL OF CITY COUNCIL MINUTES 16-0053 (Continued from meeting of January 12, 2016) (City Clerk Elaine Doerfling) 52 City Council Adjourned Meeting Minutes February 9, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 8 of 13 Attachments:051115 mtg min draft 051215 mtg min draft Action: To approve the above-listed minutes. Motion Massey, second Duclos. The motion carried 3-1, noting the dissenting vote of Fangary. b)REPORT DATES FOR THE 2016-17 MIDYEAR BUDGET REVIEW 16-0012 AND THE 2016-17 BUDGET WORKSHOP (Continued from meeting of January 12, 2016) (Finance Director Viki Copeland) Attachments:February 2016 Calendar w Council Mtgs May 2016 Calendar w Council Mtgs June 2016 Calendar w Council Mtgs Action: To approve the dates but with a 6:00 p.m. workshop start time. Motion Fangary, second Duclos. The motion carried by a unanimous vote. Additional Action: To receive and file the dates for the Midyear Budget Review and Budget Workshop. Motion Fangary, second Duclos. The motion carried by a unanimous vote. c)REPORT ACCEPTANCE OF DONATIONS 16-0075 (Continued from meeting of January 26, 2016) (Finance Director Viki Copeland) Action: To accept the donations received by the City from December 1, 2015 to January 7, 2016 from the following donors: South Park CIP 11-537 Kayoko Okada Stacey Armato Dency Nelson Alice Villalobos Steven Zaw Taiisa Boughton Claudia Berman Kenneth Sarno Carolyn Petty Joseph Looney Jeremy Johnston William Alley Kinecta Federal Credit Union MOMS Club of Hermosa Beach 53 City Council Adjourned Meeting Minutes February 9, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 9 of 13 Firefighters Charitable Foundation-as needed Woman’s Club of Hermosa Beach-as needed by the Police Department Motion Massey, second Duclos. The motion carried by a unanimous vote. d)REPORT TENTATIVE FUTURE AGENDA ITEMS 16-0064 (Continued from meeting of January 26, 2016) Attachments:Tentative Future Agenda.doc Action: To receive and file the Tentative Future Agenda Items. Motion Fangary, second Massey. The motion carried by a unanimous vote. e)REPORT ACTION SHEET OF THE PLANNING COMMISSION 16-0056 MEETING OF JANUARY 19, 2016 (Continued from meeting of January 26, 2016) Attachments:Planning Commission Action Sheet 1-19-16 Action: To receive and file the action sheet of the Planning Commission meeting of January 19, 2016. Motion Fangary, second Duclos. The motion carried by a unanimous vote. f)REPORT PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS 16-0057 (Continued from meeting of January 26, 2016) Attachments:Planning Commission Tentative 2-16-16 agenda Action: To receive and file the Planning Commission Tentative Future Agenda Items. Motion Fangary, second Duclos. The motion carried by a unanimous vote. Additional Action: To complete all items this evening. Motion Duclos, second Massey. The motion carried by a unanimous vote. g)REPORT ACTION MINUTES OF THE PUBLIC WORKS COMMISSION 16-0062 MEETING OF NOVEMBER 18, 2015 (Continued from meeting of January 26, 2016) Attachments:action minutes 11-18-15 for cc 1-26-16 Action: To receive and file the action minutes of the Public Works Commission meeting of November 18, 2015. Motion Duclos, second Fangary. The motion carried by a unanimous vote. 5. PUBLIC HEARINGS None 54 City Council Adjourned Meeting Minutes February 9, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 10 of 13 6. MUNICIPAL MATTERS a)REPORT CIP 14-163 INSTALLATION OF FLEXIBLE BOLLARD MARKERS 16-0116 ON THE STRAND AND TRAFFIC SAFETY IMPROVEMENTS TO THE INTERSECTION OF HERMOSA AVENUE AND 35TH STREET (Public Works Director Andrew Brozyna) Attachments:1_Proposed Bollard Design 2_Proposed Bollard Locations 3_Hermosa Ave @ 35th St_Intersection Review 4_Depiction of Green Colored Pavement 5_Pedestrian Directional Signage 6_Public Notice 7_Public Works Commission January Draft Minutes 8_Public Works Commission November Minutes Public comment Action: To: 1. Approve the installation of Flexible Bollard Markers at six (6) locations adjacent to The Strand as recommended by the Public Works Commission (Commission); 2. Approve of various traffic safety improvements to the intersection of Hermosa Avenue and 35th Street as recommended by Commission; 3. Approve the use of green colored pavement, a traffic control device with interim approval from the California Traffic Control Device Committee (CTCDC), for the bike path at the intersection of Hermosa Ave and 35th Street, and authorize the Public Works Director to notify the CTCDC as required for the use of such a device; and 4. Direct staff to explore possible safety improvements to the pedestrian crosswalk north of 35th Street. Motion Duclos, second Massey. The motion carried by a unanimous vote. b) REPORT APPROVAL OF DONATION POLICIES FOR CITY PROJECTS AND 16-0106 AFFIRM THAT THE DONATION PROGRAM FOR THE SOUTH PARK RENOVATION PROJECT MEETS THESE GUIDELINES (Community Resources Manager Kelly Orta) Attachments:SPPAC Phase II Prioritized List of Items SPPAC Donation Program Information and Signage Discussion Public Works Memorial Donation Information San Diego County Naming Rights FAQ SUPPLEMENTAL Photo from Mayor Pro Tem Fangary (added 2-9-16 at 6pm).pdf Action: To: 1. Approve the proposed donation policy to be used for City projects and affirm that the donation program for the South Park renovation project is compliant with these guidelines; 55 City Council Adjourned Meeting Minutes February 9, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 11 of 13 and 2. Add the words “person or entity” and “persons or entities” with a 10 year limit instead of five on founder level signage. Fangary, second Duclos. The motion carried by a unanimous vote. c)REPORT RESPONSE TO 2015-16 GRAND JURY REPORT 16-0124 ON EL NIÑO PLANNING FOR COUNTY HOMELESS POPULATION (Management Analyst Nico De Anda-Scaia) Attachments:2015-16 Interim Report (IR) Los Angeles County Civil Grand Jury.pdf Grand Jury Cover Letter 2-9-16.pdf Official Grand Jury 2015-16 Response.docx Grand Jury Homeless Survey Questionnaire (Appendix).docx Public comment Action:To approve responses to the 2015-16 Los Angeles County Civil Grand Jury Interim Report and Recommendations. {The Mayor will sign the City's response on behalf of the City Council.} Motion Massey, second Duclos. The motion carried by a unanimous vote. d)REPORT RESOLUTION APPROVING CHANGES TO THE MEMORANDA OF 16-0058 UNDERSTANDING (MOU) BETWEEN THE CITY AND THE HERMOSA BEACH FIREFIGHTERS ASSOCIATION TO MODIFY ARTICLE 26 REGARDING EDUCATIONAL INCENTIVE PAY AND TO ADD A PREMIUM PAY FOR THE CLASSIFICATION OF FIRE CAPTAIN (Human Resources Manager Vanessa Godinez) Attachments:RESOLUTION.docx Side Letter No. 1 (V3) 12-15-15 (FC).docx Side Letter No. 2 - ARTICLE 26.docx Council gave staff direction to agendize a Closed Session to discuss this matter, and then bring discussion back to Open Session. 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL a)REPORT APPOINTMENT TO FILL AN UNSCHEDULED VACANCY ON THE 16-0108 PLANNING COMMISSION FOR AN UNEXPIRED TERM ENDING JUNE 30, 2016 56 City Council Adjourned Meeting Minutes February 9, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 12 of 13 (City Clerk Elaine Doerfling) Attachments:Julie Hamill Application Andrea Giancoli Application.pdf Ryan Nowicki Application Marie Rice Application.pdf Lael Stabler Application SUPPLEMENTAL Application from Michael Keegan (added 2-8-16 at 12pm).pdf SUPPLEMENTAL Withdrawal of Application from Ryan Nowicki (added 2-8-16 at 12pm).pdf SUPPLEMENTAL Statement of Support for Lael Stabler from Kat Bacallao (added 2-9-16 at 12pm).pdf SUPPLEMENTAL Statement of Support for Marie Rice from Dency Nelson (added 2-9-16 at 5pm).pdf It was Council consensus to appoint Marie Rice to the Planning Commission. b)16-0066 MAYOR PETTY TO REPORT ON HER ATTENDANCE AT THE 2016 UNITED STATES CONFERENCE OF MAYORS IN WASHINGTON D.C. FROM JANUARY 20 - 22, 2016 (Continued from meeting of January 26, 2016) c)16-0067 COUNCILMEMBER MASSEY TO REPORT ON HIS ATTENDANCE AT THE 2016 NEW MAYORS AND COUNCILMEMBERS ACADEMY IN SACRAMENTO FROM JANUARY 20 - 22, 2016 (Continued from meeting of January 26, 2016) d)16-0121 MAYOR PETTY, MAYOR PRO TEM FANGARY, AND COUNCILMEMBER DUCLOS TO REPORT ON THEIR ATTENDANCE AT THE ICA WINTER SEMINAR IN SANTA BARBARA FROM JANUARY 29 - 31, 2016 8. OTHER MATTERS - CITY COUNCIL a)16-0045 COUNCILMEMBER DUCLOS REQUESTS TO DIRECT STAFF, WORKING IN COOPERATION WITH THE CHAMBER OF COMMERCE, TO INVESTIGATE AND REPORT BACK TO THE CITY COUNCIL ON OPTIONS AND STRATEGIES FOR INSTALLING A PERMANENT CAROUSEL AT THE ENTRY POINT TO PIER PLAZA. THIS WOULD INCLUDE A PRELIMINARY COST BENEFIT ANALYSIS AND IMPLEMENTATION OF THE CITY DECISION MAKING TOOL. (Continued from meeting of January 12, 2016) 57 City Council Adjourned Meeting Minutes February 9, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 13 of 13 Councilmember Duclos spoke to his request, garnering support from Mayor pro tem Fangary, with the stipulation that staff also consider other options such as a water feature to enhance the Pier Plaza family-friendly vibe. b)16-0128 COUNCILMEMBERS MASSEY AND FANGARY REQUEST TO DIRECT STAFF TO SUBMIT AN ISSUE PAPER FOR CONSIDERATION AT THE MARCH 2, 2016 ISSUE PAPERS STUDY SESSION THAT (1) IDENTIFIES ALL NON-PROJECT SPECIFIC CONTRACTS FOR OUTSIDE SERVICES TO WHICH THE CITY IS A PARTY AND (2) SEEKS COUNCIL DIRECTION ON REQUIRING PERIODIC OPEN BIDDING FOR ALL SUCH CONTRACTS. Councilmember Massey and Mayor pro tem Fangary spoke to their request, garnering support from Councilmember Duclos. 2015 STRATEGIC PLAN (For reference when considering Other Matters items) Attachments:2015 Plan in Brief 2014-2015 Performance Report 2015-2020-2030 Strategic Plan 2015 Action Agenda Governance Guiding Principles and Protocols: Operating Guidelines Decision Making Tool ADJOURNMENT 11:12 p.m., Tuesday, February 9, 2016. Elaine Doerfling Linda Abbott City Clerk Deputy City Clerk 58 Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Adjourned Meeting Minutes - draft Tuesday, March 8, 2016 5:00 PM Closed Session-5pm Study Session: Senior Rebate Program for Sewer Charge-6pm Council Chambers Regular Meeting-7pm City Council Mayor Hany Fangary Mayor Pro Tem Justin Massey Councilmembers Jeff Duclos Carolyn Petty 59 City Council Adjourned Meeting Minutes March 8, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 2 of 10 5:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS 5:03 p.m. ROLL CALL Present: Duclos, Massey, Petty, Mayor Fangary Absent: None PUBLIC COMMENT None RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 5:04 p.m. 1.16-0177 (5 minutes) MINUTES: Approval of minutes of Closed Session held on February 23, 2016. 2.16-0178 (30 minutes) CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 (Continued from Closed Session of February 23, 2016) City Negotiator: City Manager Employee Organizations: Hermosa Beach Firefighters’ Association 3.16-0179 (15 minutes) CONFERENCE WITH LEGAL COUNSEL: Anticipation of Litigation Government Code Section 54956.9(d)(2) (Continued from Closed Session of February 23, 2016) A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, there is a significant exposure to litigation against the City Council. Number of Potential Cases:1 (Vasilj Claim) 4.16-0180 (10 minutes) CONFERENCE WITH LEGAL COUNSEL: Initiation of Litigation Government Code Section 54956.9(d)(4) The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Number of Potential Cases: 1 ADJOURNMENT OF CLOSED SESSION 6:00 p.m. 60 City Council Adjourned Meeting Minutes March 8, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 3 of 10 6:00 P.M. – STUDY SESSION CALL TO ORDER 6:06 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present: Duclos, Massey, Petty, Mayor Fangary Absent: None a)REPORT SENIOR CITIZEN AND PERMANENTLY DISABLED SEWER FEE 16-0181 REBATE PROGRAM (Public Works Director Andrew Brozyna) Attachments:1_Hermosa Beach Senior Rebate Summary Report 02-18-2016 2_Application for Tax Rebate LSLD 3_City of Hermosa Beach Sewer Charge Levy 02-11-2016 4_Mailer_notice of study session FINAL 5_SUPPLEMENTAL Letter from Ron Felsing (added 3-7-16 at 1pm).pdf 6_SUPPLEMENTAL Letter from Pam Haile (added 3-7-16 at 1pm).pdf 7_SUPPLEMENTAL Letter from Fred and Sonia Nichols (added 3-8-16 at 1pm).pdf 8_SUPPLEMENTAL Letter from Sam Perrotti (added 3-8-16 at 3pm).pdf PUBLIC COMMENT ADJOURNMENT OF STUDY SESSION 7:15 p.m. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER 7:27 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present: Duclos, Massey, Petty, Mayor Fangary Absent: None CLOSED SESSION REPORT City Attorney Jenkins said there was no public comment received prior to Closed Session, nothing was added to the agenda, and there were no reportable actions. ANNOUNCEMENTS MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER 61 City Council Adjourned Meeting Minutes March 8, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 4 of 10 a)REPORT GRANITE BOLLARDS & HONORARY PLAQUES 16-0171 b)REPORT POLYSTYRENE USE UPDATE 16-0170 Attachments:Polystyrene Ban FAQ (Modified 020316).pdf PROCLAMATIONS / PRESENTATIONS a)16-0172 AMERICAN HEART ASSOCIATION ‘FIT FRIENDLY AWARD’ CITY OF HERMOSA BEACH AND EMPLOYEE WELLNESS COMMITTEE 2. CONSENT CALENDAR: Action: To approve the Consent Calendar recommendations (a) through (i) with the exception of the following items, which were removed for discussion later in the meeting: 2(c), (f) and (i), Fangary; 2(h), Duclos. Motion Fangary, second Duclos. The motion carried by a unanimous vote. a) REPORT MEMORANDUM REGARDING CITY COUNCIL MINUTES 16-0188 (City Clerk Elaine Doerfling) Action: To receive and file the City Clerk's memorandum. b)REPORT CHECK REGISTERS 16-0165 (Finance Director Viki Copeland) Attachments:02-18-16 02-22-16 02-25-16 Action: To ratify the above-listed check registers. c)REPORT TENTATIVE FUTURE AGENDA ITEMS 16-0175 Attachments:Tentative Future Agenda.doc Action: To receive and file the Tentative Future Agenda Items. Motion Fangary, second Massey. The motion carried by a unanimous vote. d)REPORT RESOLUTION SUPPORTING FOUR PETITIONS RELATED TO 62 City Council Adjourned Meeting Minutes March 8, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 5 of 10 16-0182 HELICOPTER NOISE RELIEF SUBMITTED TO THE FEDERAL AVIATION ADMINISTRATION BY THE LOS ANGELES AREA HELICOPTER NOISE COALITION (Community Development Director Ken Robertson) Attachments:Proposed Resolution.pdf Action: To adopt Resolution No. 16-7018, entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, IN SUPPORT OF THE LOS ANGELES AREA HELICOPTER NOISE COALITION'S PETITIONS TO REGULATE HELICOPTER NOISE IN LOS ANGELES COUNTY.” e)REPORT PARKING STRUCTURE COUNTING SYSTEM - COMPLETION OF 16-0169 CONSTRUCTION CONTRACT AND ACCEPTANCE OF WORK (Public Works Director Andrew Brozyna) Attachments:Attachment 1_NOC Action: To: 1. Accept the work performed by Green Giant Landscape Inc. for the installation of the Parking Structure Counting System; and 2. Authorize the Mayor to sign the Notice of Completion. f)REPORT SOUTH BAY WORKFORCE INVESTMENT BOARD 16-0176 QUARTERLY SUMMARY Attachments:Quarterly Summary.pdf Committees Activity Report.pdf PY 2015-2016 - Number of Individuals Served.pdf Transitional Subsidized Emplyment Info.pdf South Bay Business Portal Web Site Info.pdf 2014-2015 Annual Report.pdf News.pdf It was Council consensus to receive and file the Quarterly Summary from the South Bay Workforce Investment Board. g)REPORT RECOMMENDATION TO APPROVE THE FIRST AMENDMENT TO 16-0186 AGREEMENT FOR PROFESSIONAL SERVICES NO. 15.013 FOR CAPITAL IMPROVEMENT PROJECT ENGINEER STAFF AUGMENTATION SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND CIVIL SOURCE, INC. (Public Works Director Andrew Brozyna) Attachments:1 _first Amendment to psa 15-013.doc PSA 15.013 Civil Source FY 15-16_executed 63 City Council Adjourned Meeting Minutes March 8, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 6 of 10 Action: To: 1. Approve the First Amendment to Civil Source Agreement to increase the value of the Professional Services Agreement for staff augmentation services; and 2. Authorize the Mayor to Execute and the City Clerk to attest the attached First Amendment subject to approval by the City Attorney. h)REPORT AGREEMENT BETWEEN BIG FISH ENTERTAINMENT, LLC AND 16-0166 THE CITY OF HERMOSA BEACH TO FILM A POLICE SERIES (Police Chief Sharon Papa) Attachments:filming agreement (Big Fish).doc Public comment Action: To reject the proposed agreement. Motion Duclos, second Massey. The motion carried by a unanimous vote i)REPORT AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE 16-0150 ROTARY CLUB OF HERMOSA BEACH’S FARMERS’ MARKET ON 11TH STREET AND VALLEY DRIVE (Community Resources Manager Kelly Orta) Attachments:Friday Farmer's Market Agreement SUPPLEMENTAL Memorandum and Attachments from Community Resources Manager Kelly Orta (added 3-7-16 at 2pm).pdf Public comment Action: To approve the agreement as recommended in the supplemental memorandum, with inclusion of wording that says proceeds will not be used for City elections-related campaigning. Motion Fangary, second Massey. The motion carried by a unanimous vote. 3. CONSENT ORDINANCES a)REPORT ORDINANCE NO. 16-1362 - “AN ORDINANCE OF THE CITY OF 16-0189 HERMOSA BEACH, CALIFORNIA, AMENDING SECTIONS 17.42.110 AND 17.26.030 OF THE HERMOSA BEACH MUNICIPAL CODE TO EXPRESSLY PROHIBIT ALL COMMERCIAL MEDICAL MARIJUANA USES IN THE CITY AND PROHIBITING CULTIVATION FOR MEDICAL USE BY A QUALIFIED PATIENT OR PRIMARY CAREGIVER” (City Clerk Elaine Doerfling) Attachments:Ord. 16-1362 64 City Council Adjourned Meeting Minutes March 8, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 7 of 10 Action: To waive full reading and introduce by title Ordinance No. 16-1362, entitled “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING SECTIONS 17.42.110 AND 17.26.030 OF THE HERMOSA BEACH MUNICIPAL CODE TO EXPRESSLY PROHIBIT ALL COMMERCIAL MEDICAL MARIJUANA USES IN THE CITY AND PROHIBITING CULTIVATION FOR MEDICAL USE BY A QUALIFIED PATIENT OR PRIMARY CAREGIVER.” Motion Fangary, second Duclos. The motion carried 3-1, noting the dissenting vote of Massey. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items 2c, 2f, 2h and 2i were heard at this time but are shown in order for clarity. a)REPORT TENTATIVE FUTURE AGENDA ITEMS DATED FEBRUARY 18, 2016 16-0153 (Continued from meeting of February 23, 2016) Attachments:Tentative Future Agenda.doc Action: To receive and file the Tentative Future Agenda Items dated February 18, 2016. Motion Fangary, second Massey. The motion carried by a unanimous vote. b)REPORT PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS 16-0152 (Continued from meeting of February 23, 2016) (Community Development Director Ken Robertson) Attachments:Planning Commission Tentative 3-15-16 Agenda.pdf Action: To receive and file the Planning Commission Tentative Future Agenda Items. Motion Fangary, second Duclos. The motion carried by a unanimous vote. 5. PUBLIC HEARINGS a)REPORT PUBLIC HEARING FOR APPROVAL OF 2016 SPECIAL EVENTS 16-0168 WITH AN ESTIMATED ATTENDANCE OF OVER 500 PEOPLE; CONSIDERATION OF APPROVING THE SMACKFEST VOLLEYBALL TOURNAMENT AND THE USLA NATIONAL LIFEGUARD CHAMPIONSHIPS TO THE SPECIAL EVENT CALENDAR BYWAY OF POLICY EXCEPTIONS; AND DETERMINE IF FEES SHOULD BE WAIVED FOR SPYDER’S SURF FEST (Community Resources Manager Kelly Orta) Attachments:1_2016 Special Event Policy Updates 2_Hearts of Hermosa Beach Special Event Application 3_Hope Chapel Community Easter Egg Hunt Special Event Application 65 City Council Adjourned Meeting Minutes March 8, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 8 of 10 4_Easter Sunrise Mass Special Event Application 5_Surf Fest Special Event Application 6_Richstone Pier to Pier Walk Special Event Application 7_JVA & BVCA National Beach Championship Special Event Application 8_AVP First Special Event Application (new) 9_International Surf Festival Special Event Application 10_NVL West Coast Championship Special Event Application 11_South Bay Yoga Conference Special Event Application (new) 12_Ride with the Tide Bike Tour Special Event Application 13_Day at the Beach Hermosa Triathlon Special Event Application 14_Skecher's Pier to Pier Friendship Walk Special Event Application 15_LA Brain Tumor Walk Special Event Application 16_Snow Fest Special Event Application 17_USLA National Lifeguard Championships Special Event Application (new) 18_Smackfest Coed 4's Volleyball Tournament Special Event Application 19_2016 Calendar of Events - Table Format 20_2016 Calendar of Events - Monthly Format 21_2016 Calendar of Events - Location Matrix Format 22_Public Notice 23_SUPPLEMENTAL Memorandum and Attachments from Community Resources Manager Kelly Orta (added 3-8-16 at 1pm).pdf The public hearing opened at 8:05 p.m. The public hearing closed at 8:16 p.m. Action: To: 1. Approve the 2016 Special Events with an estimated attendance of over 500 people; 2. Approve the addition of the Smackfest Volleyball Tournament on Saturday, July 23, making an exception to the special event policy that prohibits events from taking place simultaneously on the north and south side of the Pier, provided there will be no alcohol sponsorship; 3. Approve the addition of the USLA National Lifeguard Championships from Wednesday, August 10-Saturday, August 13, making an exception to the special event policy that limits the number of days Category III and IV events take place during the peak season; and 4. Waive the fees for Surf Fest to take place on Saturday, April 23 as a community event, as historically done in conjunction with the Surfer's Walk of Fame Induction Ceremony, which is now scheduled for Saturday, August 20. Motion Massey, second Fangary. The motion carried by a unanimous vote. 6. MUNICIPAL MATTERS a)REPORT PROJECTTOUCH COMMUNITY CENTER LEASE DISCUSSION AND 16-0163 RENTAL PAYMENT CONSIDERATIONS (Community Resources Manager Kelly Orta) Attachments:PROJECTtouch Information Pamphlet June 13, 2011 City Council Meeting Minutes and PROJECTtouch Staff Report PROJECTtouch 2012/2013 Lease Agreement (executed copy) PROJECTtouch Form 990 (2014) Public comment 66 City Council Adjourned Meeting Minutes March 8, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 9 of 10 Action: To: 1. Direct staff to update the PROJECTtouch lease agreement to include usage of classroom 15 on Wednesday evenings with room usage fees to be waived; 2. Direct staff to retroactively waive lease payments not received for 2013, 2014, and 2015; 3. Direct staff to update PROJECTtouch's lease agreement for use of an office space (11b) at the Community Center, waiving all usage fees; and 4. Direct staff to return with a policy related to non-profit leases including policy surrounding rent waivers. Motion Duclos, second Petty. The motion carried by a unanimous vote. b)REPORT CHAMBER OF COMMERCE SPONSORSHIP AND PROMOTIONS 16-0185 AT EVENTS AND WEDNESDAY FARMERS’ MARKET CONTRACT UPDATE (Community Resources Manager Kelly Orta) Attachments:Chamber of Commerce Fiesta Agreement 2015-17 Chamber of Commerce Farmers' Market Agreement (2015-2016) Wednesday Farmers' Market Map Trackless Train Information Light Pole Banner Information First Amendment to Wenesday Farmers' Market Public comment Action: To approve staff recommendation with the following changes/revisions: 1) After the word “alcohol,” the addition of “junk food, tobacco and marijuana products”; 2) Add a bullet point that states preference is given to businesses with a physical presence in Hermosa; and 3) After “money generated,” include wording that such monies will not be used for elections - related campaigning. Motion Massey, second Fangary. The motion carried by a unanimous vote. It was Council consensus to continue tonight’s meeting until 11:30. c)REPORT APPROVAL OF 2016 SPECIAL EVENTS WITH AN ESTIMATED 16-0173 ATTENDANCE OF LESS THAN 500 PEOPLE AND CONFIRM THE 2016 SPECIAL EVENT CALENDAR (Community Resources Manager Kelly Orta) Attachments:2016 Special Event Policy Updates 2016 Event Descriptions (less than 500) 2016 Calendar of Events - Table Format 2016 Calendar of Events - Monthly Format 2016 Calendar of Events - Locations Matrix Format Action: To: 1. Affirm policy guidelines related to the Chamber of Commerce's ability to generate promotional opportunities for community events required under the Fiesta agreement; and 67 City Council Adjourned Meeting Minutes March 8, 2016 City of Hermosa Beach Approved on 11/13/2018 Page 10 of 10 2. Approve updates to the Wednesday Farmers' Market contract to include a trackless train, music, and banners on the Plaza light poles regularly advertising the market through the end of the current agreement. Motion Fangary, second Duclos. The motion carried by a unanimous vote. 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL 8. OTHER MATTERS - CITY COUNCIL 2015 STRATEGIC PLAN (For reference when considering Other Matters items) Attachments:2015 Plan in Brief 2014-2015 Performance Report 2015-2020-2030 Strategic Plan 2015 Action Agenda Governance Guiding Principles and Protocols: Operating Guidelines Decision Making Tool ADJOURNMENT 11:28 p.m., Tuesday, March 8, 2016. Elaine Doerfling Linda Abbott City Clerk Deputy City Clerk 68 City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Adjourned Meeting Minutes-draft Wednesday, June 6, 2018 6:00 PM Closed Session - 6:00 PM Budget Workshop - 7:00 PM Council Chambers City Council Mayor Jeff Duclos Mayor Pro Tem Stacey Armato Councilmembers Mary Campbell Hany S. Fangary Justin Massey 69 City Council Adjourned Meeting Minutes June 6, 2018 City of Hermosa Beach Page 2 of 4 Approved on 11/13/2018 6:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS 6:00 p.m. ROLL CALL Present: Campbell, Massey, Mayor Duclos Absent: Fangary, Armato (Armato arrived at 6:07 p.m.) PUBLIC COMMENT None RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 6:01 p.m. 1.MINUTES: Approval of minutes of Closed Session held on May 22, 2018. 2.PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT Government Code Section 54957 Title: City Manager 3.CONFERENCE WITH LEGAL COUNSEL: Pending Litigation Government Code Section 54956.9(d)(1) The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Estrada and Bullitts v. City of Hermosa Beach et al. Los Angeles Superior Court, Case Number: BC700497 4.CONFERENCE WITH LEGAL COUNSEL: Existing Litigation Government Code Section 54956.9(d)(1) The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Savell v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BC636456 RECESS TO OPEN SESSION IN COUNCIL CHAMBERS 7:05 p.m. 70 City Council Adjourned Meeting Minutes June 6, 2018 City of Hermosa Beach Page 3 of 4 Approved on 11/13/2018 7:00 P.M. – BUDGET WORKSHOP CALL TO ORDER 7:13 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present: Armato, Campbell, Fangary, Massey, Mayor Duclos Absent: None CLOSED SESSION REPORT City Attorney Jenkins said there was no public comment received prior to Closed Session, nothing was added to the agenda, and there were no reportable actions. ANNOUNCEMENTS PUBLIC COMMENT 18-0373 WRITTEN COMMUNICATION Attachments:1. SUPPLEMENTAL Letter from David Grethen (added 6-5-18 at 12pm).pdf 2. SUPPLEMENTAL Letter from Chamber of Commerce President Maureen Hunt (added 6-6-18 at 2:30pm).pdf 1a. OPENING COMMENTS (Interim City Manager John Jalili) 1b. INTRODUCTION OF ACTUARY, JOHN BARTEL (Finance Director Viki Copeland) 1c. REVIEW OF RETIREMENT ACTUARIAL ISSUES - CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CalPERS) CalPERS Assumption and Contribution Changes Overview of Plans Cost Sharing Paying Down Unfunded Liability Pension Trust Attachments:CalPERS Actuarial Slides - Bartel Associates 1d. FINANCIAL PLAN AND 5-YEAR FORECAST Attachments:1. Draft Forecast and Financial Plan for 2018-19 Budget 2. Encroachments - Actual vs Appraisal Comparison 3. Parking Citation Rate Survey 4. SUPPLEMENTAL eComment from Debbie Sanowski (added 6-5-18 at 12pm).pdf 71 City Council Adjourned Meeting Minutes June 6, 2018 City of Hermosa Beach Page 4 of 4 Approved on 11/13/2018 5. SUPPLEMENTAL eComment from Xavier Haase (added 6-5-18 at 5pm).pdf 6. SUPPLEMENTAL eComment from Maria Haase (added 6-5-18 at 5pm).pdf 7. SUPPLEMENTAL eComment from Maritza Alvarado (added 6-6-18 at 10am).pdf 8. SUPPLEMENTAL eComment from Maritza Alvarado (added 6-6-18 at 10am).pdf 9. SUPPLEMENTAL eComment from Judith Mango (added 6-6-18 at 10am).pdf 10. SUPPLEMENTAL eComment from Traci Horowitz (added 6-6-18 at 2pm).pdf 1e. OVERVIEW OF BUDGET 2018-19 Preliminary Budget: <http://www.hermosabch.org/index.aspx?page=211> Overview of Budget How the Budget is Balanced Revenue Appropriations Highlights Capital Improvement Plan Adjustments/Corrections to Preliminary Budget Attachments:2018-19 Preliminary Budget Slides 1f. CONSIDERATION OF CITY COUNCIL COMPENSATION Attachments:1. Council Compensation Ord Staff Report XX 6-2018 DRAFT 2. Council Compensation Ordiance 18-xxxx DRAFT PUBLIC COMMENT ADJOURNMENT 11:16 p.m., in memoryof Julian Katz, to the Regularmeeting of Tuesday, June 12, 2018. Elaine Doerfling City Clerk 72 City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Adjourned Meeting Minutes-draft Saturday, June 16, 2018 9:00 AM Closed Session Hotel Hermosa, Penthouse Suite 2515 Pacific Coast Hwy, Hermosa Beach, CA 90254 City Council Mayor Jeff Duclos Mayor Pro Tem Stacey Armato Councilmembers Mary Campbell Hany S. Fangary Justin Massey 73 City Council Adjourned Meeting Minutes June 16, 2018 City of Hermosa Beach Page 2 of 2 Approved on 11/23/2018 CALL TO ORDER IN OPEN SESSION 9:00 a.m. ROLL CALL Present: Armato, Campbell, Fangary, Massey, Mayor Duclos Absent: None PUBLIC COMMENT None RECESS TO CLOSED SESSION 9:15 a.m. 1.18-0371 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT Government Code Section 54957 Candidate Interviews for City Manager ADJOURNMENT 4:15 p.m. Elaine Doerfling City Clerk 74 City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Adjourned Meeting Minutes-draft Tuesday, June 19, 2018 7:00 PM STUDY SESSION: Greenbelt Infiltration Project Council Chambers City Council Mayor Jeff Duclos Mayor Pro Tem Stacey Armato Councilmembers Mary Campbell Hany S. Fangary Justin Massey 75 City Council Adjourned Meeting Minutes June 19, 2018 City of Hermosa Beach Page 2 of 2 Approved on 11/13/2018 7:00 P.M. – STUDY SESSION CALL TO ORDER 7:05 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present: Armato, Campbell, Fangary, Massey, Mayor Duclos Absent: None ANNOUNCEMENTS WELCOME & PURPOSE PRESENTATION a. Overview of Water Quality & Storm Water Permit Requirements b. Project Evaluation Criteria & Site Selection Process c. Environmental Review/California Environmental Quality Act Process REPORT GREENBELT INFILTRATION PROJECT 18-0394 (Environmental Analyst Kristy Morris) Recommendation:It is recommended that City Council receive an update and provide comment on the Hermosa Beach Greenbelt Infiltration Project (CIP 16-542). Attachments:1. Greenbelt Infiltration Project Information Page 2. Beach Cities Enhance Watershed Management Program (2018) 3. MOU between the Beach Cities Watershed Management Group for cost-sharing 4. Tetra Tech Professional Services Agreement PUBLIC COMMENT Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda as a business item. Comments from the public are limited to three minutes per speaker. 18-0393 WRITTEN COMMUNICATION Attachments:1. eComment from Barbara Sabo (submitted 6-7-18 at 7:05pm) 2. eComment from Maria Haase (submitted 6-9-18 at 6:25pm) 3. eComment from MC Guerry (submitted 6-14-18 at 10:54am) 4. eComment from Alex Reizman (submitted 6-14-18 at 2:07pm) 5. eComment from Courtney Yeager (submitted 6-14-18 at 3:38pm) CITY COUNCIL DISCUSSION ADJOURNMENT 12:03 a.m., Wednesday, June 20, 2018. Elaine Doerfling City Clerk 76 City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Adjourned Meeting Minutes-draft Monday, July 11, 2016 6:00 PM Council Chambers City Council Mayor Hany Fangary Mayor Pro Tem Justin Massey Councilmembers Jeff Duclos Stacey Armato Carolyn Petty 77 City Council Adjourned Meeting Minutes July 11, 2016 Page 2 of 2 City of Hermosa Beach Approved on 11/13/2018 6:00 PM Closed Session LOCATION: Closed Sessions convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment CALL TO ORDER IN COUNCIL CHAMBERS 6:00 p.m. ROLL CALL Present:Armato, Duclos, Massey, Petty, Mayor Fangary Absent:None PUBLIC COMMENT None RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 6:01 p.m. 1.16-0410 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: City Manager and Labor Attorney Daphne M. Anneet Employee Organizations: Hermosa Beach Police Officers’ Association Police Management Bargaining Group Hermosa Beach Firefighters’ Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Unrepresented Employees ADJOURNMENT OF CLOSED SESSION 8:45 p.m. Elaine Doerfling City Clerk 78 Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Adjourned Meeting Minutes-draft Monday, September 19, 2016 6:00 PM Council Chambers Closed Session - 6:00 PM Study Session - 7:00 PM (User Fee Study and Stormwater Update) City Council Mayor Hany Fangary Mayor Pro Tem Justin Massey Councilmembers Jeff Duclos Stacey Armato Carolyn Petty 79 City Council Adjourned Meeting Minutes September 19, 2016 Page 2 of 4 City of Hermosa Beach Approved on 11/13/2018 6:00 P.M. – CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS 6:02 p.m. ROLL CALL Present: Armato, Duclos, Massey, Petty, Mayor Fangary Absent: None PUBLIC COMMENT None RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 6:03 p.m. 1.16-0559 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: City Manager and Labor Attorney Daphne M. Anneet Employee Organizations: Hermosa Beach Police Officers’ Association Police Management Bargaining Group Hermosa Beach Firefighters’ Association Teamsters Union, Local 911 Professional and Administrative Employee Group Hermosa Beach Management Association Unrepresented Employees ADJOURN TO STUDY SESSION IN COUNCIL CHAMBERS 7:15 p.m. 80 City Council Adjourned Meeting Minutes September 19, 2016 Page 3 of 4 City of Hermosa Beach Approved on 11/13/2018 7:00 P.M. – STUDY SESSION CALL TO ORDER 7:20 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present: Armato, Duclos, Massey, Petty, Mayor Fangary Absent: None CLOSED SESSION REPORT Assistant City Attorney Lauren Langer said nothing was added to the agenda, and there were no reportable actions. ANNOUNCEMENTS PUBLIC COMMENT 2.REPORT USER FEE STUDY SESSION 16-0532 (Finance Director Viki Copeland) Attachments:Fee Update Report Exhibit C - Hermosa Recreation Summary Comparison of Current-Proposed Fees Fee Study Update Slides SUPPLEMENTAL Municipal Code - 12.36 TREES (added 9-19-16 at 330pm).pdf SUPPLEMENTAL Questions and Answers (added 9-19-16 at 445pm).pdf 3.REPORT STORMWATER UPDATE 16-0558 (Environmental Analyst Kristy Morris) Attachments:Hermosa Beach Greenbelt Infiltration Project.pdf Hermosa Beach Infiltration Trench Project.pdf Hermosa Avenue Green Street Project.pdf SUPPLEMENTAL Stormwater Update Presentation (added 9-19-16 at 430pm).pdf PUBLIC COMMENT ADJOURNMENT OF STUDY SESSION 11:55 p.m. 81 City Council Adjourned Meeting Minutes September 19, 2016 Page 4 of 4 City of Hermosa Beach Approved on 11/13/2018 Elaine Doerfling City Clerk 82 Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Adjourned Meeting Minutes-draft Tuesday, October 18, 2016 6:00 PM STUDY SESSION: FIRE SERVICES CLOSED SESSION TO FOLLOW STUDY SESSION Council Chambers City Council Mayor Hany Fangary Mayor Pro Tem Justin Massey Councilmembers Jeff Duclos Stacey Armato Carolyn Petty 83 City Council Adjourned Meeting Minutes October 18, 2016 Page 2 of 4 City of Hermosa Beach Approved on 11/13/2018 6:00 P.M. - STUDY SESSION CALL TO ORDER 6:00 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present: Armato, Duclos, Massey, Petty, Mayor Fangary Absent: None ANNOUNCEMENTS PUBLIC COMMENT 1.REPORT FIRE SERVICES ANALYSIS 16-0605 (Interim Fire Chief Pete Bonano) Attachments:Fire Department Issue Paper Fire Department Cost Analysis Community Feedback Analysis Hermosa Beach Feasibility Study - Approval Pending 2016_FireServicesStudySession_v3 SUPPLEMENTAL Letter from Norm Quient (added 10-17-16 at 4pm).pdf SUPPLEMENTAL LA County Presentation Slides (added 10-18-16 at 11am).pdf SUPPLEMENTAL Information from Peter Tucker (added 10-18-16 at 4pm).pdf PUBLIC COMMENT RECESS TO CLOSED SESSION IN THE SECOND FLOOR CONFERENCE ROOM 10:02 p.m. CLOSED SESSION AGENDA 1.16-0642 CONFERENCE WITH LEGAL COUNSEL: Pending Litigation Government Code Section 54956.9(d)(1) The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Johnston v. City of Hermosa Beach Los Angeles County Superior Court, Case Number: BS163448 84 City Council Adjourned Meeting Minutes October 18, 2016 Page 3 of 4 City of Hermosa Beach Approved on 11/13/2018 2.16-0643 CONFERENCE WITH LEGAL COUNSEL: Threatened Litigation Government Code Section 54956.9(d)(2) The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Number of Potential Cases: 2 (threats of litigation from E&B Natural Resources Management Corporation and Sea View Villas HOA) ADJOURNMENT 11:10 p.m. Elaine Doerfling City Clerk 85 City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Adjourned Meeting Minutes-draft Thursday, November 9, 2017 6:00 PM Closed Session - 6:00 PM Study Session - 7:00 PM (Emergency/Crisis Communications Preparedness) City Council Mayor Justin Massey Mayor Pro Tem Jeff Duclos Councilmembers Stacey Armato Carolyn Petty Hany Fangary 86 City Council Adjourned Meeting Minutes November 9, 2017 City of Hermosa Beach Approved on 11/13/2018 Page 2 of 3 6:00 P.M. – CLOSED SESSION CALL TO ORDER IN COUNCIL CHAMBERS 6:00 p.m. ROLL CALL Present: Armato, Duclos, Fangary Mayor Massey Absent: Petty PUBLIC COMMENT None RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 6:01 p.m. 1.17-0661 MINUTES: Approval of minutes of Closed Session held on October 24, 2017. 2.17-0662 CONFERENCE WITH LEGAL COUNSEL: Pending Litigation Government Code Section 54956.9(d)(1) The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: Hermosa Beach Firefighters Association v. City of Hermosa Beach (arbitration) RECESS TO STUDY SESSION IN COUNCIL CHAMBERS 7:10 p.m. 87 City Council Adjourned Meeting Minutes November 9, 2017 City of Hermosa Beach Approved on 11/13/2018 Page 3 of 3 7:00 P.M. – STUDY SESSION CALL TO ORDER 7:18 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present: Armato, Duclos, Fangary Mayor Massey Absent: Petty ANNOUNCEMENTS PUBLIC COMMENT 1.REPORT 17-0660 EMERGENCY / CRISIS COMMUNICATION PREPAREDNESS (Emergency Services Coordinator Brandy Villanueva) Attachments:Presentation Council quick reference guide_2017 Link to IS 100 Training Link to IS 700 Training COUNCIL QUESTIONS/COMMENTS PUBLIC COMMENT ADJOURNMENT 10:13 p.m. Elaine Doerfling City Clerk 88 City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Special Meeting Minutes-draft Thursday, December 21, 2017 4:00 PM City Hall Council Chambers City Council Mayor Jeff Duclos Mayor Pro Tem Stacey Armato Councilmembers Mary Campbell Hany S. Fangary Justin Massey* *Councilmember Massey will call in from: 130 Kai Malina Pkwy, Lahaina, HI 96761 89 City Council Special Meeting Minutes December 21, 2017 City of Hermosa Beach Approved on 11/13/2018 Page 2 of 2 CLOSED SESSION LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment NOTICE OF SPECIAL MEETING AND AGENDA PLEASE TAKE NOTICE that the Mayor of the City of Hermosa Beach has called a Special Meeting of the City Council to take place at 4:00 p.m. on December 21, 2017, to consider and take action on only those matters set forth on the agenda below. CALL TO ORDER IN COUNCIL CHAMBERS 4:00 p.m ROLL CALL Present: Armato, Campbell, Fangary, Mayor Duclos Absent: Massey (participated via telephone) Also present were Interim City Manager Sergio Gonzalez, City Attorney Mike Jenkins, Human Resources Manager Vanessa Godinez and Finance Director Viki Copeland PUBLIC COMMENT None RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 4:01 p.m. 1.17-0733 CONFERENCE WITH LEGAL COUNSEL: Pending Litigation Government Code Section 54956.9(d)(1) The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. a) Name of Case:Hermosa Beach Firefighters Association v. City of Hermosa Beach (arbitration) b) Name of Case:Aaron Marks et al. v. City of Hermosa Beach Federal District Court, Central District of California Case Number: 2:17-cv-08739-FFM ADJOURNMENT 6:00 p.m. Thursday, December 21, 2017 Elaine Doerfling City Clerk 90 Tuesday, October 23, 2018 6:00 PM City of Hermosa Beach City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Council Chambers City Council Mayor Jeff Duclos Mayor Pro Tem Stacey Armato Councilmembers Mary Campbell Hany S. Fangary Justin Massey Meeting Minutes - Draft Closed Session - 6:00 P.M. Regular Meeting - 7:00 P.M. 91 October 23, 2018City Council Meeting Minutes - Draft 6:00 P.M. - CLOSED SESSION (LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment) CALL TO ORDER IN COUNCIL CHAMBERS 6:01 p.m. ROLL CALL Mayor Duclos, Mayor Pro Tempore Armato, and Councilmember CampbellPresent:3 - Councilmember Fangary, and Councilmember MasseyAbsent:2 - (Councilmember Fangary arrived at 6:03 p.m.) (Councilmember Massey arrived at 6:05 p.m.) PUBLIC COMMENT None RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM 6:02 p.m. 18-06401.MINUTES: Approval of minutes of Closed Session held on October 9, 2018. 18-06412.CONFERENCE WITH LEGAL COUNSEL: Pending Litigation Government Code Section 54956.9(d)(1) The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Name of Case: City of Hermosa Beach v. Edward P. Zappia, The Zappia Law Firm Los Angeles County Superior Court, Case No. BC709770 18-06423.CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 City Negotiator: City Manager Employee Organization: Hermosa Beach Police Officers’ Association Page 1City of Hermosa Beach Printed on 11/7/2018 92 October 23, 2018City Council Meeting Minutes - Draft 18-06674.CONFERENCE WITH LEGAL COUNSEL: Threatened Litigation Government Code Section 54956.9(d)(2) and (e)(4) The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Number of Potential Cases: 1 ADJOURNMENT OF CLOSED SESSION 7:00 p.m. 7:00 P.M. - REGULAR AGENDA CALL TO ORDER 7:08 p.m. PLEDGE OF ALLEGIANCE Scott Hale, Los Angeles County Fire Department Chief Officer ROLL CALL Mayor Duclos, Mayor Pro Tempore Armato, Councilmember Campbell, Councilmember Fangary, and Councilmember Massey Present:5 - Absent:0 CLOSED SESSION REPORT City Attorney Jenkins said no public comment was received prior to Closed Session, nothing was added to the agenda, and there were no reportable actions. ANNOUNCEMENTS Councilmember Fangary (1) thanked all who attended last Saturday's Community First meeting, and said November's meeting is cancelled as it falls on Thanksgiving weekend; (2) thanked all involved in the Fine Arts Festival last weekend; and (3) invited everyone to Resin Gallery's "Save Our Gallery" fundraiser Saturday, November 10 from 6-9 p.m. Councilmember Campbell said she attended Leadership Hermosa's recent third annual mock City Council meeting. Mayor Duclos (1) invited everyone to Community Movie Night (hosted by the Hermosa Historical Society) at the Community Theater Thursday, October 29, with a reception at 6:30 p.m., followed by the film "Carrie" at 8 p.m.; (2) Page 2City of Hermosa Beach Printed on 11/7/2018 93 October 23, 2018City Council Meeting Minutes - Draft invited everyone to the Saturday, Oct. 27 "La La Land" Day at the Beach, with film-related events (including installation of the Pier lights used in the film) and jazz performances at the Lighthouse Cafe from 6-7 p.m. nightly, Wednesday, October 24-Saturday, October 27; (3) invited everyone to participate in the Skechers Pier to Pier Friendship Walk Sunday, October 28, beginning at 9 a.m. at the Manhattan Beach Pier; (4) invited everyone to the Monday, October 29 special joint meeting of Hermosa, Redondo and Manhattan's Councils and Beach Cities Health District, a study session on the Beach Cities Draft Living Streets Design Manual, at the Redondo Beach Library, 303 North Pacific Coast Highway at 6:30 p.m.; and (5) invited everyone to the Sunday, November 11 Veterans Commemorative Ceremony from 5-7 p.m. at the Veterans Memorial at 710 Pier Avenue. PROCLAMATIONS / PRESENTATIONS 18-0646a)PRESENTATION FROM SAM KUHR ON BREAST CANCER AWARENESS Ms. Kurh, a breast cancer survivor, spoke about prevention, and noted that early detection is key. b)REPORT 18-0657 LOS ANGELES COUNTY FIRE SERVICES AND MCCORMICK AMBULANCE QUARTERLY UPDATE (Emergency Management Coordinator Brandy Villanueva) 1. 2018 LACoFD Incident and McCormick Transports 2. 2018 3rd Quarter AUTO AID- JULY-SEPTEMBER Attachments: Brian Hale, Los Angeles County Fire Department Chief Officer, presented the report and responded to Council questions. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER City Manager Lowenthal requested that Council continue item 6e. It was Council consensus to approve her request. PUBLIC PARTICIPATION: 1. ORAL AND WRITTEN COMMUNICATIONS: Heather Longridge, Behavioral Health Services Prevention Outreach Specialist Anthony Higgins David Grethen Isabel Rodriguez Jack Tracy Page 3City of Hermosa Beach Printed on 11/7/2018 94 October 23, 2018City Council Meeting Minutes - Draft a)18-0648 LETTER FROM RON FELSING DATED OCTOBER 5, 2018 REGARDING FIESTA HERMOSA SHUTTLE ROUTES Email from Ron Felsing.pdfAttachments: It was Council consensus to move Mr. Felsing's letter to item 6c. b)18-0650 LETTER FROM ANTHONY HIGGINS DATED OCTOBER 17, 2018 REGARDING 27TH STREET PEDESTRIAN SAFETY ISSUES Letter from Anthony Higgins.pdfAttachments: Motion by Fangary and seconded by Campbell to receive and file the written communication from Anthony Higgins. Aye:Mayor Duclos, Armato, Campbell, Fangary, and Massey5 - Absent:0 2. CONSENT CALENDAR: Motion Armato and seconded by Campbell to approve the Consent Calendar, with the exception of item 2(e), which was removed for separate discussion later in the meeting by Massey. Aye:Mayor Duclos, Armato, Campbell, Fangary, and Massey5 - Absent:0 a)REPORT 18-0662 CITY COUNCIL MEETING MINUTES (Deputy City Clerk Linda Abbott) Page 4City of Hermosa Beach Printed on 11/7/2018 95 October 23, 2018City Council Meeting Minutes - Draft 1. 032216 draft.docx 2. 041216 draft.docx 3. 042616 draft.docx 4. 072616 draft.docx 5. 082316 draft.docx 6. 091316 draft.docx 7. 092716 draft.docx 8. 090617-draft.docx 9. 022818 draft.docx 10. 061218 draft min.docx 11. 062618 meeting-cancelled.docx 12. 071018 draft min.docx 13. 071818 Special meeting-closed session notes.docx 14. 071918 Council-joint meeting.docx 15. 080418 draft.docx 16. 081518 Closed Session draft.docx 17. 082918 draft.docx 18. 092518 draft min.docx 19. 100418 draft.docx 20. 100918 draft min.docx Attachments: b)REPORT 18-0638 CHECK REGISTERS (Finance Director Viki Copeland) 1. 10-02-18 2. 10-04-18 3. 10-11-18 Attachments: c)REPORT 18-0653 REVENUE REPORTS, EXPENDITURE REPORTS, AND CIP REPORTS BY PROJECT FOR AUGUST & SEPTEMBER 2018 (Finance Director Viki Copeland) 1. August 2018 Revenue Status Report 2. August 2018 Expenditure Report 3. August 2018 CIP Report by Project 4. September 2018 Revenue Report 5. September 2018 Expendture Report 6. September 2018 CIP Report by Project Attachments: d)REPORT 18-0654 CITY TREASURER’S REPORT AND CASH BALANCE REPORT Page 5City of Hermosa Beach Printed on 11/7/2018 96 October 23, 2018City Council Meeting Minutes - Draft (City Treasurer Karen Nowicki) 1. August 2018 Treasurer's Report 2. August 2018 Cash Balance Report 3. September 2018 Treasurer's Report 4. September 2018 Cash Balance Report Attachments: e)REPORT 18-0665 PROJECT STATUS REPORT AS OF OCTOBER 23, 2018 (Public Works Director Glen W.C. Kau) 10-15-18_FY18-19 CIP-Projects STATUS-gkAttachments: This item was pulled by Councilmember Massey. As Director Kau was not present, City Manager Lowenthal responded to Council questions. Assistant to the City Manager Nico de Anda-Scaia also responded to Council questions. Public comment: David Grethen, Public Works Commissioner Motion Fangary and seconded by Armato to receive and file the Project Status Report as of October 23, 2018. Aye:Mayor Duclos, Armato, Campbell, Fangary, and Massey5 - Absent:0 f)REPORT 18-0639 PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS (Community Development Director Ken Robertson) Planning Commission November 20, 2018 Tentative Future AgendaAttachments: g)REPORT 18-0661 ACTION SHEET OF THE PLANNING COMMISSION MEETING OF OCTOBER 16, 2018 Action Sheet of 10/16/18Attachments: 3. CONSENT ORDINANCES NONE 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. Item 2(e) was heard at this time but is shown in order for clarity. 5. PUBLIC HEARINGS Page 6City of Hermosa Beach Printed on 11/7/2018 97 October 23, 2018City Council Meeting Minutes - Draft a)REPORT 18-0651 APPROVAL OF 2019 IMPACT LEVEL III SPECIAL EVENTS: USAV COLLEGIATE BEACH CHAMPIONSHIPS (5/6 - 5/12); HERMOSA BEACH TRIATHLON (6/21 - 6/23); AAU JUNIOR NATIONAL BEACH VOLLEYBALL CHAMPIONSHIPS (7/8 - 7/13); JVA & BVCA NATIONAL BEACH CHAMPIONSHIPS (7/13 - 7/18); AVP PRO BEACH VOLLEYBALL (7/19 - 7/31); AND DESIGNATE 6/28 - 6/30 AS THE NOTHING WEEKEND (Community Resources Manager Kelly Orta) 1. 2019 Tentative Event Calendar 2. USAV Collegiate Championships Special Event Application 3. Hermosa Beach Triathlon Special Event Application 4. AAU Junior National Beach Championships Special Event Application 5. JVA & BVCA National Beach Championships Special Event Application 6. AVP Pro Beach Volleyball Special Event Application Attachments: Al Lau, AVP Vice President of New Media and Player Relations, was invited forward to respond to Council questions. The public hearing opened at 8:10 p.m. As no one came forward to address the Council on this item, the public hearing closed at 8:10 p.m. Motion Massey and seconded by Fangary to approve the Parks, Recreation and Community Resources Advisory Commission's recommendation to approve the following 2019 Impact Level III special events: 1. USAV Collegiate Beach Championships on Monday, May 6 - Sunday, May 12 on the beach volleyball courts north of the Pier; 2. Hermosa Beach Triathlon on Friday, June 21 - Sunday, June 23 on Pier Plaza, the beach south of the Pier, and various roads; 3. AAU Junior National Beach Volleyball Championships from Monday, July 8 - Saturday, July 13 on the beach north and south of the Pier (weekdays only); 4. JVA & BVCA National Beach Championships on Saturday, July 13 - Thursday, July 18 (weekdays only); 5. AVP Pro Beach Volleyball on Friday, July 19 - Wednesday, July 31 on the beach north and south of the Pier; and 6. Designate Friday, June 28 - Sunday, June 30 as the "Nothing Weekend." Aye:Mayor Duclos, Armato, Campbell, Fangary, and Massey5 - Absent:0 b)REPORT 18-0643 TA 18-2 - TEXT AMENDMENTS TO THE HERMOSA BEACH MUNICIPAL CODE TITLE 17 REGARDING DEFINITIONS AND STANDARDS FOR LIVE ENTERTAINMENT AND LIMITED LIVE Page 7City of Hermosa Beach Printed on 11/7/2018 98 October 23, 2018City Council Meeting Minutes - Draft ENTERTAINMENT FOR THE PURPOSE OF ADDING A LOW IMPACT ENTERTAINMENT OPTION AS AN ACCESSORY USE TO BUSINESS IN COMMERCIAL ZONES, AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Community Development Director Ken Robertson) 1. Plannnig Commissoin Resolution 18-25 Limited Live Entertainment 2. Ordinance for City Council Introduction - Limited Live Entertainment - CC 10-23-18 3. Link to the 9-18-18 Planning Commission Meeting 4. Link to the 8-21-18 Planning Commission Meeting 5. Link to the 6-25-18 Planning Commission Meeting Attachments: Planning Manager Kim Chafin responded to Council questions. The public hearing opened at 8:51 p.m. Coming forward to address the Council at this time were: Kathy Knoll, The Deck and Uncorked Owner Barbara Ellman, THRIVE Hermosa The public hearing closed at 8:57 p.m. Motion Armato and seconded by Campbell to waive full reading and introduce Ordinance No. 18-1388. In addition, the permit application fee for Limited Live Entertainment was set at $250. Aye:Mayor Duclos, Armato, Campbell, Fangary, and Massey5 - Absent:0 c)REPORT 18-0644 CONSIDERATION OF AN ORDINANCE TO ALLOW AND REGULATE WIRELESS COMMUNICATION FACILITIES IN THE PUBLIC RIGHT-OF-WAY, AND UPDATE ON AT&T’S PROPOSAL FOR MULTIPLE INSTALLATIONS OF SMALLER WIRELESS COMMUNICATION FACILITIES TO PROVIDE REPLACEMENT COVERAGE TO EXISTING SITES LOCATED AT 20TH AND 29TH COURT (Continued from meeting of September 25, 2018) (Community Development Director Ken Robertson) FCC Declaratory Ruling and Third Report and Order: Accelerating wireless broadband deployment by removing barriers to infrastructure investment Attachments: The public hearing opened at 9:16 p.m. Coming forward to address the Council Page 8City of Hermosa Beach Printed on 11/7/2018 99 October 23, 2018City Council Meeting Minutes - Draft was: David Grethen The public hearing closed at 9:17 p.m. Motion Armato and seconded by Campbell to continue to November 27, 2018 the public hearing to consider an ordinance to allow and regulate wireless communication facilities in the public right-of-way, and, provide an update on AT&T's proposal for multiple installations of smaller wireless communication facilities to provide replacement coverage to existing sites located at 20th and 29th Court. Aye:Mayor Duclos, Armato, Campbell, Fangary, and Massey5 - Absent:0 6. MUNICIPAL MATTERS a)REPORT 18-0645 SUPPORT FOR LOS ANGELES COUNTY MEASURE W TO ESTABLISH THE SAFE, CLEAN WATER (SCW) PROGRAM (Management Analyst Katrina Nguyen) 1. Safe Clean Water Program Overview 2. Draft Letter of Support - Measure W Attachments: Public comment: Craig Cadwallader, Surfrider Foundation South Bay Chapter Isabel Rodriguez Motion Fangary and seconded by Massey to approve and authorize the Mayor to sign a letter of support on behalf of the City regarding Los Angeles County Measure W, and direct staff to provide signed copies to Supervisor Janice Hahn and appropriate local stakeholders. Aye:Mayor Duclos, Armato, Campbell, Fangary, and Massey5 - Absent:0 b)REPORT 18-0649 SUMMER BEACH CONCERT SERIES SUBCOMMITTEE RECOMMENDATION TO ISSUE A REQUEST FOR PROPOSAL FOR THE SUMMER BEACH CONCERT SERIES, BEGINNING IN 2019, TO INCLUDE INPUT FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION (Community Resources Manager Kelly Orta) 1. Summer Concert Series Agreement with Allen Sanford 2. SUPPLEMENTAL eComment from John Randolph (submitted 10-22-18 at 4:46pm).pdf 3. SUPPLEMENTAL City Administrative Policy on Professional Services (added 10-23-18 at 11am).pdf Attachments: Page 9City of Hermosa Beach Printed on 11/7/2018 100 October 23, 2018City Council Meeting Minutes - Draft Public comment: Craig Cadwallader Motion Armato and seconded by Massey to: 1. Approve the Summer Beach Concert Series Subcommittee's recommendation to issue a Request for Proposal (RFP) for the production and management of the Summer Beach Concert Series, beginning in 2019, and at the discretion of the subcommittee, re-engage with the original producer (Allen Sanford/St. Rocke) if he is interested and willing to be transparent with his event-related financials, then negotiate with him as well; and 2. Request the Parks, Recreation and Community Resources Advisory Commission to provide input on the scope of the RFP at its November 6, 2018 regular meeting. Aye:Mayor Duclos, Armato, Fangary, and Massey4 - No:Campbell1 - Absent:0 (It was Council consensus to receive and file Mr. Felsing's letter-moved from 1a.) Motion Massey and seconded by Armato to continue tonight's meeting until 11:15 p.m. The motion carried by a unanimous vote. c)REPORT 18-0664 FIESTA HERMOSA COUNCIL SUBCOMMITTEE UPDATE (Assistant to the City Manager Nico De Anda-Scaia) 1. Fiesta Subcommittee Council Report (Feb 2018) 2. 2018 Fiesta Hermosa Agreement 3. Fiesta Town Hall and Public E-comment Summary 4. Chamber Fiesta Mid-Yr Presentation (July 2018) 5. Letter from Chamber (Budget Request FY17-18) 6. SUPPLEMENTAL eComment from Christine Tasto (submitted 10-19-18 at 7:09pm).pdf 7. SUPPLEMENTAL Letter from Anthony Higgins (moved from Item 1b).pdf Attachments: Motion Campbell and seconded by Armato to: 1. Reaffirm the Fiesta Hermosa Subcommittee's recommendations for improvements to future Fiesta Hermosa events; 2. Authorize and direct the City Manager to engage the Hermosa Beach Chamber of Commerce and Visitors' Bureau in negotiating a new Fiesta Hermosa agreement (utilizing Council feedback from tonight's meeting), and to return to the full Council with an update on those efforts. Aye:Mayor Duclos, Armato, Campbell, Fangary, and Massey5 - Absent:0 Page 10City of Hermosa Beach Printed on 11/7/2018 101 October 23, 2018City Council Meeting Minutes - Draft It was Council consensus to continue tonight's meeting until midnight. d)REPORT 18-0637 REVIEW AND DISCUSSION OF COMMISSION ROLES AND RESOURCES TO ADDRESS TOPICS OF ACCESSIBILITY, SENIOR LIVING, AND ARTS & CULTURE (City Manager Suja Lowenthal) 1. Link to September 2017 Staff Report on Formation of New Commissions 2. Link to July 2018 Joint City Council and All Commissions Meeting Video 3. BCHD Community Services Programs and Services.pdf 4. Link to Hermosa Beach Tour of Public Art 5. Link to Hermosa Beach Community Working Groups Purpose and Members 6. Link to AARP Age-Friendly Communities Network Description Attachments: Leeanne Singleton, Environmental Analyst, came forward to respond to Council questions. Public comment: Geoffrey Hirsch Kathy Dunbabin, Public Works Commission Chairperson David Grethen, Public Works Commission Isabel Rodriguez Barbara Ellman, Parks, Recreation and Community Resources Advisory Commission, and Access Hermosa Motion Armato and seconded by Campbell to: 1. Assign the primary responsibility of reviewing permits/projects, policies/plans, and programs in the areas of: a. Accessibility - to the Public Works Commission b. Senior Living - to the Parks, Recreation and Community Resources Advisory Commission c. Arts & Culture - to the Parks, Recreation and Community Resources Advisory Commission 2. Assign the Access Hermosa Working Group the focused task of providing input to the Public Works Department on the development of the City's ADA Transition Plan, for review and approval by the Public Works Commission and City Council; 3. Direct staff to prepare and submit an application to AARP to be designated as an age-friendly community; 4. Direct each of the City's commissions to review and agendize a discussion of the duties and responsibilities assigned to that commission, as written in the Hermosa Beach Municipal Code, and to include the additional topics of accessibility, senior living, and arts and culture as appropriate based on Council Page 11City of Hermosa Beach Printed on 11/7/2018 102 October 23, 2018City Council Meeting Minutes - Draft direction. And further request the City Clerk, in coordination with commission staff liaisons, to review and prepare updates to the Duties and Responsibilities of each commission as they are listed in the Hermosa Beach Municipal Code based on the discussions by each commission; and 5. Request the City Clerk and staff to prepare an Advisory Body Handbook, for City Council consideration, that clearly defines the roles and responsibilities of different commissions, boards, and working groups; outlines meeting procedures and the decision-making process; and assists in orienting new commissioners and the public to the role of the City's advisory bodies. Aye:Mayor Duclos, Armato, Campbell, Fangary, and Massey5 - Absent:0 e)REPORT 18-0666 POLICY ON PROCEDURE FOR VOTING ON BOARDS/COMMISSIONS APPLICANTS (City Clerk Elaine Doerfling) 1. Draft Resolution 18-XXXX.pdf 2. Example of past voting - July 11, 2017 meeting video Attachments: Motion Massey and seconded by Armato to continue this item. Aye:Mayor Duclos, Armato, Campbell, Fangary, and Massey5 - Absent:0 7. MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL NONE 8. OTHER MATTERS - CITY COUNCIL a)18-0663 TENTATIVE FUTURE AGENDA ITEMS Tentative Future Agenda.pdfAttachments: It was Council consensus to receive and file the Tentative Future Agenda Items. ADJOURNMENT The Regular City Council meeting of Tuesday, October 23, 2018 adjourned at 12:00 a.m., Wednesday, October 24, 2018, to an Adjourned Regular meeting at 6:30 p.m., Monday, October 29, 2018 (Tri Cities Study Session: Draft Living Streets Design Manual/Aviation Blvd Living Streets Design) at Redondo Beach Library, 303 N. Pacific Coast Highway (2nd Floor Meeting Room), which will adjourn to the Regular meeting of Tuesday, November 13, 2018. Page 12City of Hermosa Beach Printed on 11/7/2018 103 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0680 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 CHECK REGISTERS (Finance Director Viki Copeland) Recommended Action: Staff recommends that the City Council ratify the following check registers. Attachments: 1.Check Register 10/18/18 2.Check Register 10/25/18 3.Check Register 11/1/18 Approved: Viki Copeland, Finance Director City of Hermosa Beach Printed on 11/16/2022Page 1 of 1 powered by Legistar™104 10/18/2018 Check Register CITY OF HERMOSA BEACH 1 6:01:45PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90308 10/18/2018 ALPHABET SIGNS INC 65061 (PO 14295) MARQUEE LETTERS18540 001-4601-4201 242.75 Total : 242.7518540 90309 10/18/2018 ANDERSON, MAUREEN Parcel 4188-012-050 STREET LIGHT & SEWER FEE TAX REBATE17647 001-6871 119.30 105-3105 24.61 Total : 143.9117647 90310 10/18/2018 APWA SOUTHERN CA CHAPTER PO 13519 SALAN/PUBLIC WORKS INSTITUTE/MODULE 112275 001-4202-4317 399.00 Total : 399.0012275 90311 10/18/2018 ARICO, JAMES AND SHELBY PO 14691 AMBULANCE TRANSPORT FEE REFUND16097 001-3840 68.60 Total : 68.6016097 90312 10/18/2018 AT&T 248 134-9454 462 8 PD COMPUTER CIRCUITS/OCT1800321 001-2101-4304 12.09 PD COMPUTER CIRCUITS/OCT18960 461-1985 555 7 001-2101-4304 108.62 Total : 120.7100321 90313 10/18/2018 AVILES, CHRIS PO 14675/TR 729 MILEAGE/CIVILIAN LAW ENFORCEMENT21067 001-3302-4317 132.98 Total : 132.9821067 90314 10/18/2018 AYRES HOTEL & SPA MORENO VALLE TR 751 GAGLIA/BACKGROUND INVESTIGATION TRAINING19544 001-2101-4317 537.70 Total : 537.7019544 90315 10/18/2018 BEACHY KEEN BAY Receipt 001-00565210 A-FRAME PERMIT REFUND FOR OVERCHARGE17054 001-3239 380.00 Total : 380.0017054 90316 10/18/2018 BEST BEST & KRIEGER LLP 832125 GENERAL CITY ATTORNEY SERVICES/SEP1820942 001-1131-4201 25,219.50 CITY ATTORNEY SERVICES/LAND USE/SEP18832126 001-1131-4201 4,824.602b (1)105 10/18/2018 Check Register CITY OF HERMOSA BEACH 2 6:01:45PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90316 10/18/2018 (Continued)BEST BEST & KRIEGER LLP20942 CITY ATTORNEY SERVICES/HERMOSA RTI/SEP18832127 001-2108 240.00 Total : 30,284.1020942 90317 10/18/2018 BEYERLE, ROGER D.Parcel 4188-025-045 STREET LIGHT & SEWER TAX REBATE21112 001-6871 119.30 105-3105 24.61 Total : 143.9121112 90318 10/18/2018 BLUE SHIELD OF CA PO 14681 AMBULANCE TRANSPORT REFUND19585 001-3840 1,106.12 AMBULANCE TRANSPORT FEE REFUNDPO 14685 001-3840 54.20 Total : 1,160.3219585 90319 10/18/2018 BREUS, MICHAEL PO 14682 AMBULANCE TRANSPORT FEE REFUND21117 001-3840 698.10 001-6867 19.20 Total : 717.3021117 90320 10/18/2018 BRONCHICK, DEIRDE PO 14689 AMBULANCE TRANSPORT FEE REFUND21122 001-3840 49.00 Total : 49.0021122 90321 10/18/2018 CALIFORNIA WATER SERVICE Account 4286211111 WATER USAGE/AUG1800016 105-2601-4303 5,762.53 001-6101-4303 35,703.30 001-3304-4303 691.70 001-4204-4303 1,335.83 Total : 43,493.3600016 90322 10/18/2018 CAPIZZI, STEFANIE PO 14702 DISMISSED CITATION NO. 3001065321114 001-3302 48.00 Total : 48.0021114 90323 10/18/2018 CDWG PMX3195 MAT REQ 649681/PRINTER TONER/INK09632 715-1206-4305 3,956.45 Total : 3,956.4509632 106 10/18/2018 Check Register CITY OF HERMOSA BEACH 3 6:01:45PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90324 10/18/2018 CLEAN ENERGY CE12115662 COMPRESSED NATURAL GAS/VEHICLES/AUG1809694 715-3104-4310 65.98 715-2601-4310 216.73 715-6101-4310 275.47 715-3109-4310 87.92 715-4601-4310 132.67 Total : 778.7709694 90325 10/18/2018 CODE PUBLISHING INC 61270 (PO 14765)MUNICIPAL CODE WEB HOSTING SEP18-SEP1918570 715-1206-4201 550.00 MUNICIPAL CODE ELECTRONIC UPDATE/SEP1861501 (PO 14466) 001-1121-4201 661.50 Total : 1,211.5018570 90326 10/18/2018 COGHILL, JEFFREY PO 14695 AMBULANCE TRANSPORT FEE REFUND21118 001-3840 68.60 Total : 68.6021118 90327 10/18/2018 CRECY, STEVEN PO 14722 REIMB/VETERAN MEMORIAL FLAGS14752 001-2120 171.25 Total : 171.2514752 90328 10/18/2018 DEPARTMENT OF JUSTICE 329090 FINGERPRINTING/SEP1800364 001-1203-4251 384.00 Total : 384.0000364 90329 10/18/2018 DEWITT, STEVE PO 14674/TR 728 MILEAGE/CIVILIAN LAW ENFORCEMENT19477 001-3302-4317 122.08 Total : 122.0819477 90330 10/18/2018 DIV OF THE STATE ARCHITECT PO 14645 BUSINESS LICENSE FEES/APR18-JUN1818263 001-6851 289.90 BUS LICENSE FEES/JAN18-MAR18/BAL DUEPO 14697 001-6851 5.80 Total : 295.7018263 90331 10/18/2018 DOEH, WENDY Parcel 4169-035-012 STREET LIGHT & SEWER FEE TAX REBATE20580 001-6871 119.30 105-3105 24.61 107 10/18/2018 Check Register CITY OF HERMOSA BEACH 4 6:01:45PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 143.91 90331 10/18/2018 DOEH, WENDY20580 90332 10/18/2018 EASY READER Statement No. 4609 MAT REQ 973728/LEGAL ADS/SEP1800181 001-1121-4323 1,813.38 Total : 1,813.3800181 90333 10/18/2018 FILE KEEPERS, LLC 0539619 (PO 12873)DOCUMENT SCANNING/AUG1821096 715-1201-4201 843.75 Total : 843.7521096 90334 10/18/2018 FINDEIS, EVE PO 14687 AMBULANCE TRANSPORT FEE REFUND21107 001-3840 34.30 Total : 34.3021107 90335 10/18/2018 FRONTIER 209-188-4669-0714985 LANDLINES/COMPUTER LINKS/OCT1819884 001-3302-4304 66.83 001-2101-4304 794.08 001-4204-4321 205.08 001-4202-4304 52.34 001-4201-4304 150.62 001-3304-4304 57.16 001-1204-4304 49.48 PD COMPUTER CIRCUITS/OCT18209-190-0013-1206175 001-2101-4304 879.22 EOC ANALOG LINES/OCT18310-318-0113-1206155 715-1206-4304 1,763.49 CASHIER TAPS LINE/OCT18310-318-8751-0128095 001-1204-4304 51.78 DUI BREATH MACHINE/OCT18310-318-9210-0827185 001-2101-4304 43.41 CHAMBERS EOC ANALOG LINES/OCT18310-318-9800-1204155 715-1206-4304 1,410.14 PERSONNEL FAX LINE/OCT18310-372-6373-0311045 001-1203-4304 49.42 EOC CABLE & INTERNET/OCT18323-159-2268-0924145 001-1201-4304 286.57 Total : 5,859.6219884 90336 10/18/2018 GAGLIA, MICK PO 14756/TR 738 REIMB/IACP 2018 CONFERENCE10306 108 10/18/2018 Check Register CITY OF HERMOSA BEACH 5 6:01:45PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90336 10/18/2018 (Continued)GAGLIA, MICK10306 001-2101-4317 492.57 PER DIEM/BACKGROUND INVESTIGATION TRAINTR 751 001-2101-4317 225.00 Total : 717.5710306 90337 10/18/2018 GRAINGER 9910307140 MAT REQ 773672/COMPRESSOR OIL10836 715-3104-4311 116.36 MAT REQ 773671/PRESSURE GAUGE9910453936 715-4206-4309 71.42 MAT REQ 863043/MAINTENANCE SUPPLIES9924213029 301-8673-4201 147.91 MAT REQ 773452/PUSH BROOM HEAD9925574460 001-3104-4309 31.14 Total : 366.8310836 90338 10/18/2018 HAWTHORNE, CITY OF IT-HERMOSA-03 PO 14699/CAD/RMS REPLACEMENT/MARK 4305345 715-2101-5405 4,915.00 Total : 4,915.0005345 90339 10/18/2018 HOLDEN, DAVID N.Parcel 4181-006-021 STREET LIGHT & SEWER TAX REBATE20548 001-6871 119.30 105-3105 24.61 Total : 143.9120548 90340 10/18/2018 HUBER, MEGLYN PO 14704 DISMISSED CITATION NO. 3400399521113 001-3302 38.00 Total : 38.0021113 90341 10/18/2018 HUMANA PO 14684 AMBULANCE TRANSPORT FEE REFUND21108 001-3840 173.17 Total : 173.1721108 90342 10/18/2018 INDEPENDENT STATIONERS SI00312003 MAT REQ 549817/DRAWER ORGANIZERS/TAPE16742 001-1201-4305 30.76 Total : 30.7616742 90343 10/18/2018 KEANE, ERICA A.PO 14705 DISMISSED CITATION NO. 3500405221115 001-3302 53.00 109 10/18/2018 Check Register CITY OF HERMOSA BEACH 6 6:01:45PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 53.00 90343 10/18/2018 KEANE, ERICA A.21115 90344 10/18/2018 KILMARTIN, CAROLINE PO 14694 AMBULANCE TRANSPORT FEE REFUND21119 001-3840 49.00 Total : 49.0021119 90345 10/18/2018 LAKAMP, GRADY PO 14692 AMBULANCE TRANSPORT REFUND21121 001-3840 20.58 Total : 20.5821121 90346 10/18/2018 LAVALLE, DONNA E Parcel 4182-026-001 STREET LIGHT & SEWER FEE TAX REBATE19403 001-6871 119.30 105-3105 24.61 Total : 143.9119403 90347 10/18/2018 LEXISNEXIS RISK DATA MGMT INC 1114400-20180930 PD/INFORMATION SERVICES/SEP1812482 001-2101-4201 123.25 Total : 123.2512482 90348 10/18/2018 LOGISTICARE SOLUTIONS LLC PO 14693 AMBULANCE TRANSPORT FEE REFUND21120 001-3840 166.14 Total : 166.1421120 90349 10/18/2018 MAGNUM VENTURE PARTNERS PO 14633 INSTRUCTOR PAYMENT/CLASS NO. 766918274 001-4601-4221 693.00 Total : 693.0018274 90350 10/18/2018 MARIN, YVONNE ROSA PO 14680 AMBULANCE TRANSPORT FEE REFUND21110 001-3840 359.00 Total : 359.0021110 90351 10/18/2018 MCDONALD, CATHERINE PO 14688 AMBULANCE TRANSPORT FEE REFUND21123 001-3840 54.88 Total : 54.8821123 90352 10/18/2018 MCGOWAN CONSLUTING LLC HB-MS4-1819-01 STORM WATER MGMT/NPDES PERMITS/AUG1814041 161-3109-4201 7,153.30 Total : 7,153.3014041 90353 10/18/2018 MOSHER, ROBERT Parcel 4183-010-005 STREET LIGHT TAX REBATE17359 110 10/18/2018 Check Register CITY OF HERMOSA BEACH 7 6:01:45PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90353 10/18/2018 (Continued)MOSHER, ROBERT17359 105-3105 24.61 Total : 24.6117359 90354 10/18/2018 NORTH STAR GRAPHICS 8697 (PO 14588)PINK RIBBON DECALS FOR PATROL VEHICLES09182 001-2101-4305 363.00 Total : 363.0009182 90355 10/18/2018 PINEDA, LUIS PO 14690/TR 730 MILEAGE/CIVILIAN LAW ENFORCEMENT20016 001-2101-4317 130.80 Total : 130.8020016 90356 10/18/2018 PROSUM TECHNOLOGY SERVICES SIN017492 (PO 14228)BODY CAMERA SYS INSTALL 8/20/18-8/26/1811539 153-2106-5401 280.00 Total : 280.0011539 90357 10/18/2018 PRYOR, W.T.Parcel 4182-021-011 STREET LIGHT & SEWER TAX REBATE06909 001-6871 121.69 105-3105 24.61 Total : 146.3006909 90358 10/18/2018 RED SECURITY GROUP, LLC 46204 (PO 12074)PD/NEW LOCK SYSTEM13255 001-8614-4201 15,077.01 Total : 15,077.0113255 90359 10/18/2018 RIVERSIDE COUNTY SHERIFF TR 751 GAGLIA/BACKGROUND INVESTIGATION TRAINING07869 001-2101-4317 217.00 Total : 217.0007869 90360 10/18/2018 ROBERTS, LAUREL LEE Parcel 4183-014-017 STREET LIGHT & SEWER TAX REBATE21001 001-6871 121.69 105-3105 24.61 Total : 146.3021001 90361 10/18/2018 RUDNICKI, SUSAN PO 14749 BEE REMOVAL AT SOUTH PARK ON 10/13/1820715 001-3302-4201 285.00 Total : 285.0020715 90362 10/18/2018 SANTORO-BRIGGS, BODEN PO 14683 AMBULANCE TRANSPORT FEE REFUND21109 001-3840 34.30 111 10/18/2018 Check Register CITY OF HERMOSA BEACH 8 6:01:45PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 34.30 90362 10/18/2018 SANTORO-BRIGGS, BODEN21109 90363 10/18/2018 SOUTH BAY REGIONAL PUBLIC COMM 03476 (PO 14646)RADIO UPGRADES/PD VEHICLE 3008812 715-2101-4311 131.75 RADIO UPGRADES/PD VEHICLE 3603477 (PO 14646) 715-2101-4311 131.75 RADIO UPGRADES/PD VEHICLE 3403478 (PO 14646) 715-2101-4311 131.75 RADIO UPGRADES/SIREN/PD VEHICLE HB1003480 (PO 14646) 715-2101-4311 855.40 RADIO UPGRADES/PD UNIT HB803481 (PO 14646) 715-2101-4311 27.56 RADIO UPGRADES/PD VEHICLE HB1003482 (PO 14646) 715-2101-4311 105.44 RADIO UPGRADES/PD VEHICLE HB203483 (PO 14646) 715-2101-4311 77.88 RADIO UPGRADES/PD VEHICLE HB703484 (PO 14646) 715-2101-4311 105.44 RADIO UPGRADES/PD VEHICLE HB903485 (PO 14646) 715-2101-4311 105.44 RADIO UPGRADES/PD VEHICLE HB503486 (PO 14646) 715-2101-4311 77.88 RADIO UPGRADES/PD VEHICLE HB403487 (PO 14646) 715-2101-4311 77.88 RADIO UPGRADES/PD VEHICLE HB1103488 (PO 14646) 715-2101-4311 104.19 Total : 1,932.3608812 90364 10/18/2018 SOUTHERN CALIFORNIA EDISON CO 2-00-989-6911 ELECTRICITY/SEP1800159 105-2601-4303 71.02 ELECTRICITY/SEP182-00-989-7315 105-2601-4303 15,953.29 001-4204-4303 1,568.47 ELECTRICITY/SEP182-01-836-7458 105-2601-4303 15.50 ELECTRICITY/SEP182-02-274-0542 001-6101-4303 25.43 ELECTRICITY/SEP182-08-629-3669 001-4204-4303 66.71 112 10/18/2018 Check Register CITY OF HERMOSA BEACH 9 6:01:45PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90364 10/18/2018 (Continued)SOUTHERN CALIFORNIA EDISON CO00159 ELECTRICITY/SEP182-09-076-5850 105-2601-4303 57.88 ELECTRICITY/SEP182-19-024-1604 001-4204-4303 896.15 ELECTRICITY/SEP182-20-128-4825 001-3304-4303 1,498.84 ELECTRICITY/SEP182-20-128-5475 001-4204-4303 208.40 ELECTRICITY/SEP182-20-984-6369 105-2601-4303 45.42 ELECTRICITY/SEP182-21-400-7684 105-2601-4303 33.79 ELECTRICITY/SEP182-23-687-8021 001-3104-4303 59.02 ELECTRICITY/SEP182-26-686-5930 105-2601-4303 242.55 ELECTRICITY/SEP182-31-250-3303 001-4204-4303 50.79 ELECTRICITY/SEP182-36-722-1322 105-2601-4303 35.48 ELECTRICITY/SEP182-37-09-1838 001-4204-4303 683.67 Total : 21,512.4100159 90365 10/18/2018 SPECTRUM BUSINESS 0049969100118 PD/CABLE/OCT1820236 001-2101-4201 72.09 PW YARD/CABLE 10/16/18-11/15/180088884100418 001-4202-4201 114.06 CITY HALL BACKUP INTERNET 10/17-11/16/180241699100918 715-1206-4201 84.99 Total : 271.1420236 90366 10/18/2018 THE EMBLEM AUTHORITY 27911 (PO 14447)500 HBPD SHOULDER PATCHES21105 001-2101-4314 585.00 Total : 585.0021105 90367 10/18/2018 THOMAS, SUSAN PO 14696 AMBULANCE TRANSPORT FEE REFUND21116 001-3840 58.80 113 10/18/2018 Check Register CITY OF HERMOSA BEACH 10 6:01:45PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 58.80 90367 10/18/2018 THOMAS, SUSAN21116 90368 10/18/2018 TUMBLEWEED TRANSPORTATION 0011845-IN REQ 863326/AFTERSCHOOL TRANSPORT/SEP1820749 145-3409-4201 2,975.00 Total : 2,975.0020749 90369 10/18/2018 UPTIME COMPUTER SERVICE 31105 PRINTER MAINTENANCE/NOV1804768 715-1206-4201 943.00 Total : 943.0004768 90370 10/18/2018 US ARMOR 20569 (PO 12965)BULLETPROOF VEST/RODRIGUEZ09374 150-2111-4350 765.40 Total : 765.4009374 90371 10/18/2018 VOLVO CONSTRUCTION EQUIPMENT S504009735 PO 14438/LOADER EMMISSION SYS REPAIR19034 715-3102-4311 4,123.08 PO 14438/LOADER EMMISSIONS SYS REPAIRS504009758 715-3102-4311 23,204.70 Total : 27,327.7819034 90372 10/18/2018 WESTCOAST GATE & ENTRY SYSTEMS 1625020 (PO 14708)EMERGENCY REPAIR/BARD & PIER GATES21111 301-8683-4201 150.00 Total : 150.0021111 90373 10/18/2018 WOOD ENVIRONMENT & INFRASTRUCT S23732074 (PO 8512)STRAND/PIER HOTEL ENVIRON IMPACT/AUG1819757 001-2105 14,918.86 Total : 14,918.8619757 90374 10/18/2018 WOOWARD, CHRISTOPHER Scotto Case 18-2121 REFUND CITY ADMIN FEE FOR TOWING21106 001-3841 211.00 Total : 211.0021106 90375 10/18/2018 YOUNGBLOOD, ERVIN L 3479A (PO 14355)POLYGRAPH EXAMS/OCT1819574 001-2101-4201 500.00 Total : 500.0019574 1802251626 10/17/2018 ADMINSURE AS AGENT FOR THE 10/18/18 Check Run WORK COMP CLAIMS REIMB/OCT1814691 705-1217-4324 6,440.49 Total : 6,440.4914691 114 10/18/2018 Check Register CITY OF HERMOSA BEACH 11 6:01:45PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 1811631404 10/1/2018 ADMINSURE AS AGENT FOR THE 10/18/18 Check Run WORK COMP CLAIMS REIMB/SEP1814691 705-1217-4324 5,191.05 Total : 5,191.0514691 Bank total : 209,292.86 70 Vouchers for bank code :boa 209,292.86Total vouchers :Vouchers in this report 70 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 11 inclusive, of the check register for 10/18/18 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 11/5/18 115 10/25/2018 Check Register CITY OF HERMOSA BEACH 1 6:07:26PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90376 10/25/2018 3V SIGNS AND GRAPHICS LLC PO 14758 PCH/PIER CHRISTMAS DECOR INSTALL DEPOSIT17339 001-1101-4201 5,976.50 Total : 5,976.5017339 90377 10/25/2018 APWA SOUTHERN CA CHAPTER PO 14753 PW ADMIN MEMBERSHIP JAN19-DEC19~12275 001-4202-4315 1,443.75 Total : 1,443.7512275 90378 10/25/2018 ATHENS SERVICES 5543284 (PO 14490) CITYWIDE PORTER SERVICES/AUG1816660 001-3301-4201 10,272.88 001-3104-4201 15,415.14 001-3304-4201 1,415.49 001-6101-4201 1,509.31 CITYWIDE STEAM CLEANING/AUG185543284-A (PO 14490) 001-3301-4201 9,086.65 001-3304-4201 213.85 001-3104-4201 321.22 CITYWIDE STEAM CLEANING/AUG185543284-B (PO 14490) 001-3301-4201 1,713.17 CITYWIDE PORTER SERVICES/SEP185673012 (PO 14490) 001-3301-4201 10,272.88 001-3104-4201 15,415.14 001-6101-4201 1,509.31 001-3304-4201 1,415.48 CITYWIDE STEAM CLEANING/SEP185673012-A (PO 14490) 001-3301-4201 8,230.06 001-3304-4201 213.85 001-3104-4201 321.22 PD/SHREDDING/OCT185690970 (PO 14581) 001-2101-4309 44.44 Total : 77,370.0916660 90379 10/25/2018 BEACH GIRL PROPERTIES LLC 235 PARKING METERS - 70 14TH STREET/OCT1816371 001-3842 650.00 Total : 650.0016371 90380 10/25/2018 CALIF PUBLIC PARKING ASSOC TR 753 ZEIGLER/2018 ANNUAL CONFERENCE07458 001-1204-4317 575.00 2b (2)116 10/25/2018 Check Register CITY OF HERMOSA BEACH 2 6:07:26PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 575.00 90380 10/25/2018 CALIF PUBLIC PARKING ASSOC07458 90381 10/25/2018 CALIFORNIA MARKING DEVICE 6101 MAT REQ 649639/ON BEHALF OF CITY STAMP00262 001-1202-4305 26.28 Total : 26.2800262 90382 10/25/2018 CAMPBELL, MARY PO 14657/TR 742 MILEAGE/LEAGUE CA CITIES CONFERENCE20828 001-1101-4317 19.18 Total : 19.1820828 90383 10/25/2018 COUNTY OF LOS ANGELES C0008656 (PO 14098)FIRE PROTECTION SERVICES/NOV1820781 001-2202-4251 399,961.11 Total : 399,961.1120781 90384 10/25/2018 CSMFO 200001294 (TR 750)COPELAND/ANNUAL CONFERENCE REGISTRATION00590 001-1202-4317 370.00 Total : 370.0000590 90385 10/25/2018 ELLIS, NICOLE PO 14755/TR 726 REIMB/APA CONFERENCE19979 001-4101-4317 241.14 Total : 241.1419979 90386 10/25/2018 FEDEX KINKOS INC 101600010799 PO 14724/PARKING PERMIT CONTEST FLYERS06293 001-3843 793.33 Total : 793.3306293 90387 10/25/2018 FRONTIER 310-372-6186-0831895 2ND FLOOR CITY HALL FAX 9/16/18-10/15/1819884 001-1121-4304 12.22 001-1141-4304 12.22 001-1201-4304 12.23 001-1202-4304 12.23 001-1203-4304 12.23 FIBER OPTIC LINE/OCT18323-155-6779-0822065 715-1206-4201 213.98 Total : 275.1119884 90388 10/25/2018 HB CHAMBER OF COMMERCE 5535 (PO 14747)ANNUAL MEMBERSHIP13932 001-1201-4315 75.00 Total : 75.0013932 117 10/25/2018 Check Register CITY OF HERMOSA BEACH 3 6:07:26PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90389 10/25/2018 IPS GROUP INC 36831 (PO 14489)PARKING METER WIRELESS/CC FEES/SEP1819314 001-3305-4201 838.61 001-3304-4201 1,241.98 001-3302-4201 8,629.33 Total : 10,709.9219314 90390 10/25/2018 LA CO SHERIFFS DEPARTMENT 190830BL MAT REQ 863238/PRISONER MEALS/SEP1800151 001-2101-4306 175.15 Total : 175.1500151 90391 10/25/2018 LEE, MUN HI Parcel 4183-014-029 SEWER & STREET LIGHT TAX REBATE21125 105-3105 24.61 001-6871 121.69 Total : 146.3021125 90392 10/25/2018 LILY PAD FLORAL DESIGN INC 1092 (PO 14720)VETERANS DAY CEREMONY FLOWERS10655 001-4601-4308 209.10 Total : 209.1010655 90393 10/25/2018 MELROY CO INC 75118 (PO 14619)COMM CTR AWNING REPAIRS BEFORE PAINTING18905 001-8650-4201 425.00 Total : 425.0018905 90394 10/25/2018 PARS PUBLIC AGENCY RETIREMENT, US BANK41310 PARS ARS FEES/AUG1814693 001-1101-4185 15.08 001-1204-4185 1.42 001-3302-4185 6.99 001-4204-4185 13.09 001-4101-4185 14.61 001-4201-4185 14.61 001-4601-4185 234.20 Total : 300.0014693 90395 10/25/2018 PRUDENTIAL OVERALL SUPPLY 42325975 to 42334712 YARD UNIFORMS, TOWELS, &/OR MATS/SEP1817676 001-2101-4309 66.16 001-3104-4309 48.36 001-3302-4309 59.56 001-4202-4314 397.81 001-4204-4309 159.92 715-4206-4309 39.36 118 10/25/2018 Check Register CITY OF HERMOSA BEACH 4 6:07:26PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 771.17 90395 10/25/2018 PRUDENTIAL OVERALL SUPPLY17676 90396 10/25/2018 S AND S WORLDWIDE INC 10487392 PARK PROGRAM SUPPLIES09402 001-4601-4308 870.25 Total : 870.2509402 90397 10/25/2018 SBCU VISA 010773520 CC MAT REQ 549639/VIP UNIFORM PANTS03353 001-3302-4201 -60.21 PO 14505/DRINKING WATER 8/13/18-9/12/1808I0034513168 CC 001-2101-4305 233.54 FASTRAK AUTO REPLENISH & SERVICE FEES1st Qtr 18/19 Stmt 001-4202-4305 92.00 GALVANIZE 8 BARRICADES FOR BEACH DRIVE3655302/PO 14508 CC 001-3104-4309 547.50 SENIOR CENTER MOVIE RENTALS/MUSIC/SEP18Emails CC 001-4601-4328 12.98 OSBORNE/CRIME ANALYSTS/TO BE REFUNDEDFolio CC 001-2101-4317 195.49 PO 14338/CONFERENCE LINE/AUG18IC30411-0818 CC 001-1201-4304 31.15 VIP UNIFORM PANTSMat Req 549639 CC 001-3302-4201 60.21 THEATRE NEEDS/SCREEN MIRRORING SOFTWAREPO 14201 CC 001-4601-4201 14.99 BACKSTAGE LIGHTS FOR THEATREPO 14396 CC 001-4601-4201 15.32 DISTINGUISHED BUDGET AWARD FEE 18/19PO 14486 CC 001-1202-4201 425.00 BUSINESS CARDS FOR DETECTIVE WAYNEPO 14487 CC 001-2101-4305 29.28 EXCURSION GOODY BAGS (4 CASES)PO 14500 CC 001-4601-4308 221.90 HATE GROUPS/SOVEREIGN CITIZENS TRAININGPO 14513 CC 001-2101-4317 225.00 MEMBERSHIP JUL18-JUN19PO 14527 CC 001-1201-4315 400.00 PLAQUE/OUTGOING MANHATTAN BEACH MAYORPO 14528 CC 001-1101-4319 10.95 CONFERENCE ROOM PRESENTATION TABLEPO 14529 CC 119 10/25/2018 Check Register CITY OF HERMOSA BEACH 5 6:07:26PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90397 10/25/2018 (Continued)SBCU VISA03353 97.78 PO 14545 CC 50.00 PO 14547 CC 285.88 132.49 PO 14557 CC 196.65 PO 14562 CC 358.05 PO 14564 CC 149.00 PO 14565 CC 300.35 PO 14580 CC 165.00 PO 14584 CC 170.68 PO 14585 CC 1,274.68 PO 14589 CC 120.00 PO 14590 CC 179.03 PO 14596 CC 1,095.00 PO 14599 CC 64.99 001-4601-4305 LOWENTHAL/CONFERENCE DIVISION LUNCH 001-1201-4317 BARD STREET GATE SENSORS (2) 301-8673-4201 001-4202-4305 PROJECTOR REMOTE/CURTAINS/RODS 001-4601-4201 USED OIL/HOUSE HAZARD WASTE SYMPOSIUM 160-3105-4201 RUSHTON/MANAGING EMOTIONS UNDER PRESSURE 001-2101-4317 5 DOG BAG DISPENSERS 001-6101-4309 VALLES/2016 CA BLDG CODE TRAINING 001-4201-4317 4 RESTROOM SIGNS 001-4601-4201 CITY MANAGER RECEPTION CATERING/LOCALE90 001-1101-4319 PAPA/NATIONAL LAW ENFORCEMENT SUMMIT 001-2101-4317 USED OIL 101 REFRESHER TRAINING COURSE 160-3105-4201 TABLE FOR 10/STATE OF THE COUNTY ADDRESS 001-1101-4319 CAKE FOR INTERIM CITY MANAGER'S LAST DAY 001-1201-4305 CITY MGR OFFICE/REFRIGERATOR/FOOTRESTPO 14601 CC 001-1201-4305 419.89 MEMBERSHIPPO 14602 CC 001-1201-4315 295.00 POLICE OFFICER ONLINE JOB POSTING/SEP18PO 14686 CC 001-1203-4201 210.00 ORAL BOARD LUNCHReceipt CC 001-1203-4201 85.37 ORAL BOARD LUNCHReceipt CC 001-1203-4201 109.35 120 10/25/2018 Check Register CITY OF HERMOSA BEACH 6 6:07:26PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90397 10/25/2018 (Continued)SBCU VISA03353 COMMUNITY POLICE ADVISORY BOARD DINNERReceipt CC 001-3302-4201 92.71 COUNCIL DINNERReceipt CC 001-1101-4305 316.05 COUNCIL DINNERReceipt CC 001-1101-4305 276.76 ORAL BOARD REFRESHMENTSReceipts CC 001-1203-4201 41.72 PAPA/LACPCA STRATEGIC PLANNING WORKSHOPTR 721 CC 001-2101-4317 133.82 DE ANDA-SCAIA/ICMA ANNUAL CONFERENCETR 722 CC 001-1201-4317 739.20 AVILES/PUBLIC SAFETY TRAINING/REFUNDTR 729 CC 001-3302-4317 -27.10 FRANCO/SART SUMMITTR 732 CC 001-2101-4317 468.54 GAGLIA/IACP 2018 CONFERENCETR 738 CC 001-2101-4317 -274.96 BRUNN/ANNUAL TRAINING INSTITUTE & EXPOTR 743 CC 001-2101-4317 50.00 LOWENTHAL/NEW CITY MANAGERS SEMINARTR 744 CC 001-1201-4317 500.00 CITY EVENTS PROMOTION 8/11/18-9/10/18Trans ID 1111 CC 001-1101-4201 57.02 Total : 10,588.0503353 90398 10/25/2018 SCHEID, DOROTHY TR 752 PER DIEM/POST MANAGEMENT COURSE01420 001-2101-4312 200.00 Total : 200.0001420 90399 10/25/2018 SOUTHERN CALIFORNIA EDISON CO 2-29-332-0750 ELECTRICITY/OCT1800159 105-2601-4303 98.08 Total : 98.0800159 90400 10/25/2018 SPARKLETTS 4472788 101118 DRINKING WATER/SEP1800146 001-4601-4305 189.65 Total : 189.6500146 121 10/25/2018 Check Register CITY OF HERMOSA BEACH 7 6:07:26PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90401 10/25/2018 SPECTRUM BUSINESS 0046247101218 CITY HALL/CABLE/NOV1820236 715-4204-4201 83.98 PD COMPUTER CIRCUITS/NOV180352413101218 001-2101-4304 261.81 Total : 345.7920236 90402 10/25/2018 SPRINT 269424317-202 PD TRUNK MODEMS/SEP1810098 153-2106-4201 385.00 COMM RES/CELL PHONES/SEP18551834312-202 001-4601-4304 161.45 Total : 546.4510098 90403 10/25/2018 SRK PROMOTIONAL ADVERTISING 4116 (PO 14569)PARKING METER PAPER ROLLS15398 001-3302-4309 941.00 Total : 941.0015398 90404 10/25/2018 STANLEY SECURITY SOLUTIONS 15895835 (PO 13951)CAMERAS/JAIL/SALLYPORT/GATES/BASE3/FINCA16806 715-2101-4201 433.79 001-1204-4201 68.37 715-2101-5405 345.04 CAMERAS/JAIL/SALLYPORT/GATES/BASE3/FINCA15895875 (PO 13951) 715-2101-4201 13,044.00 001-1204-4201 2,055.00 715-2101-5405 10,376.00 CAMERAS/JAIL/SALLYPORT/GATES/BASE3/FINCA15895880 (PO 13951) 715-2101-4201 870.40 001-1204-4201 137.19 715-2101-5405 692.41 Total : 28,022.2016806 90405 10/25/2018 THE BANK OF NEW YORK MELLON 252-2141930 INVESTMENT SAFEKEEPING/MYRTLE/2ND QTR13270 137-1219-4201 2,200.00 INVESTMENT SAFEKEEPING/LOMA/2ND QTR252-2141931 138-1219-4201 2,200.00 Total : 4,400.0013270 90406 10/25/2018 TURBODATA SYSTEMS, INC.28773 (PO 14431)CITATION WRITER WIRELESS FEES/OCT1820670 001-3302-4201 1,250.00 Total : 1,250.0020670 122 10/25/2018 Check Register CITY OF HERMOSA BEACH 8 6:07:26PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90407 10/25/2018 UNITED SITE SERVICES 114-7435609/PO 14496 BEACH MOVIES/TOILET RENTAL 9/21-9/24/1818753 001-3301-4201 665.62 Total : 665.6218753 90408 10/25/2018 VERIZON WIRELESS LA 9816353498 EMERGENCY MANAGER/CELL PHONE/SEP1803209 001-1201-4304 53.78 Total : 53.7803209 184142660 10/25/2018 ADMINSURE AS AGENT FOR THE 10/25/18 Check Run WORK COMP CLAIMS REIMB/OCT1814691 705-1217-4324 5,514.96 Total : 5,514.9614691 920097650 10/22/2018 SOCAL GAS 10/25/18 Check Run GAS BILL/SEP1800170 001-4204-4303 37.00 Total : 37.0000170 Bank total : 554,235.96 35 Vouchers for bank code :boa 554,235.96Total vouchers :Vouchers in this report 35 "I hereby certify that the demands or claims covered by the checks listed on pages 1 to 8 inclusive, of the check register for 10/25/18 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 11/5/18 123 11/01/2018 Check Register CITY OF HERMOSA BEACH 1 5:17:12PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90409 11/1/2018 3V SIGNS AND GRAPHICS LLC 9678 PO 14726/LA LA LAND BANNERS17339 001-1101-4319 1,410.36 Total : 1,410.3617339 90410 11/1/2018 A&A READY MIXED CONCRETE 2113106 MAT REQ 773508/CONCRETE/1125 MONTEREY17588 001-3104-4309 495.49 Total : 495.4917588 90411 11/1/2018 ABSOLUTE INTERNATIONAL SECURIT 2018032434 LA LA LAND EVENT SECURITY21086 001-1101-4319 816.80 Total : 816.8021086 90412 11/1/2018 AT&T 000012041558 PD COMPUTER CIRCUITS 9/13/18-10/12/1800321 001-2101-4304 151.66 PD COMPUTER CIRCUITS/OCT18310 796-6528 991 3 001-2101-4304 121.00 Total : 272.6600321 90413 11/1/2018 AT&T MOBILITY 287016141723X1014201 PUMP STATIONS/PW ADMIN CELL PHONES/SEP1813361 001-4202-4304 203.30 Total : 203.3013361 90414 11/1/2018 BARROWS, PATRICK PO 14731 INSTRUCTOR PAYMENT17271 001-4601-4221 6,406.40 Total : 6,406.4017271 90415 11/1/2018 BELL, MICHAEL 6205 (PO 14721)VETERANS DAY CEREMONY CHAIR RENTAL/SETUP14647 001-4601-4201 400.00 LA LA LAND DAY/SOUND SYSTEM RENTAL/SETUP6206 (PO 14816) 001-1101-4319 9,300.00 Total : 9,700.0014647 90416 11/1/2018 BRUNN, OFFICER GEORGE TR 743 PER DIEM/CNOA TRAIN INSTITUTE/LAW EXPO11620 001-2101-4317 150.00 Total : 150.0011620 90417 11/1/2018 BURGOS, CARLOS PO 14797 REIMB/RABIES CLINIC FOOD FOR STAFF18635 001-3302-4201 250.71 124 11/01/2018 Check Register CITY OF HERMOSA BEACH 2 5:17:12PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 250.71 90417 11/1/2018 BURGOS, CARLOS18635 90418 11/1/2018 CA PEACE OFFICERS ASSOCIATION 149500 (PO 14815)MCKINNON/MEMBERSHIP00261 001-2101-4315 125.00 PAPA/MEMBERSHIP150140 (PO 14815) 001-2101-4315 125.00 PHILLIPS/MEMBERSHIP150830 (PO 14815) 001-2101-4315 125.00 Total : 375.0000261 90419 11/1/2018 CALEA INV29497 (PO 14777)ANNUAL CERTIFICATION FEES14465 001-2101-4201 4,646.00 Total : 4,646.0014465 90420 11/1/2018 CALIFORNIA MARKING DEVICE 6112/Mat Req 669898 ENGINEER STAMP FOR PW DIRECTOR00262 001-4202-4305 41.61 12X15 JAIL SIGN6114 (PO 14730) 001-2101-4305 177.39 3 STAMPS W/INGLEWOOD COURT ADDRESS6118/Mat Req 549650 001-2101-4305 85.41 Total : 304.4100262 90421 11/1/2018 CARPET SPECTRUM, INC.PO 14446 2ND FLOOR CITY HALL CARPETING08909 715-4204-4201 13,816.00 Total : 13,816.0008909 90422 11/1/2018 CDWG PQG2092/PO 14592 SWITCH FOR CAMERAS IN PD SERVER ROOM09632 715-2101-5405 1,733.76 Total : 1,733.7609632 90423 11/1/2018 CLEAN ENERGY CE12124886 COMPRESSED NATURAL GAS/VEHICLES/SEP1809694 715-3104-4310 32.92 715-2601-4310 77.05 715-6101-4310 122.87 715-3109-4310 152.22 715-4601-4310 75.71 Total : 460.7709694 90424 11/1/2018 COUNTY OF LOS ANGELES REG/REC PO 14764 RECORDING FEE/AFFIDAVIT ACCEPT/2775 PCH21004 001-4101-4201 47.00 125 11/01/2018 Check Register CITY OF HERMOSA BEACH 3 5:17:12PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 47.00 90424 11/1/2018 COUNTY OF LOS ANGELES REG/REC21004 90425 11/1/2018 DILLON, LINDA M Parcel 4188-010-031 STREET LIGHT & SEWER TAX REBATE14145 001-6871 73.01 105-3105 24.61 Total : 97.6214145 90426 11/1/2018 EASY READER ER18102502 PO 14776/LA LA LAND DAY AD00181 001-1101-4319 500.00 Total : 500.0000181 90427 11/1/2018 EMERGENCY RESPONSE CRIME SCENE T2018-831 (PO 14736)COMM CTR MEN'S RESTROOM CLEANING16922 001-4601-4201 650.00 JAIL BIOHAZARD CLEAN UPT2018-839 (PO 14770) 001-2101-4201 650.00 DECONTAMINATE JAIL BOOKING CELLT2018-840 (PO 14770) 001-2101-4201 450.00 Total : 1,750.0016922 90428 11/1/2018 EXXON MOBIL BUSINESS FLEET 56261877 GAS CARD PURCHASES/SEP1810668 001-1250 79.74 715-3302-4310 1,362.22 715-4202-4310 1,877.07 715-2101-4310 5,801.19 Total : 9,120.2210668 90429 11/1/2018 FEDERAL EXPRESS CORP 6-336-54099 MAT REQ 549586/SHIP TO AMERICAN TRAINING01962 001-1203-4305 25.04 Total : 25.0401962 90430 11/1/2018 GIOVANNETTI, LOUIS PO 14784 LA LA LAND DAY/BIG BAND PERFORMANCE13084 001-1101-4319 9,700.00 Total : 9,700.0013084 90431 11/1/2018 GRAINGER 9935434564 MAT REQ 773454/CINCH STRAP10836 001-3301-4309 78.65 MAT REQ 773455/SPRING-WOUND TIMER9937417484 001-6101-4309 61.49 MAT REQ 773456/ELECTROMECHANICAL TIMER9937417492 105-2601-4309 99.33 126 11/01/2018 Check Register CITY OF HERMOSA BEACH 4 5:17:12PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 239.47 90431 11/1/2018 GRAINGER10836 90432 11/1/2018 GUERRERO, DARIO Receipt 001-0059659321132 469.38 Total : 469.3821132 90433 11/1/2018 HELMERS, SHERI 0100 (PO 14740)21138 2,500.00 Total : 2,500.0021138 90434 11/1/2018 INDEPENDENT STATIONERS SI0031369116742 62.12 Total : 62.1216742 90435 11/1/2018 INGLEWOOD WHOLESALE ELECTRIC 258892-0002458 486.76 258961-00 819.51 Total : 1,306.2702458 90436 11/1/2018 JENNINGS, CASEY PO 1480521129 8.00 Total : 8.0021129 90437 11/1/2018 KAMNIEV, OLEKSANDR PO 1482421142 300.00 Total : 300.0021142 90438 11/1/2018 KAMNIEVA, KATERYNA PO 1482321141 300.00 Total : 300.0021141 90439 11/1/2018 LA SUPERIOR COURT - TORRANCE PO 1477100118 57,521.70 Total : 57,521.7000118 90440 11/1/2018 LEARNED LUMBER B63632500167 8.72 B636591 PLAN CHECK FEE REFUND/PERMIT B17-00098 001-3813 LA LA LAND DAY EVENT PRODUCER 001-1101-4319 MAT REQ 873444/OFFICE SUPPLIES 001-3302-4305 MAT REQ 649508/ELECTRICAL SUPPLIES 301-8673-4201 MAT REQ 649502/ELECTRICAL SUPPLIES 105-2601-4309 CITATION NO. 44003045 OVERPAYMENT 001-3302 LA LA LAND DAY EVENT DANCER 001-1101-4319 LA LA LAND DAY EVENT DANCER 001-1101-4319 CITATION SURCHARGES/SEP18 001-3302 MAT REQ 773505/MAINTENANCE SUPPLIES 001-3104-4309 MAT REQ 773506/DRILL BIT 001-3104-4309 15.91 127 11/01/2018 Check Register CITY OF HERMOSA BEACH 5 5:17:12PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 24.63 90440 11/1/2018 LEARNED LUMBER00167 90441 11/1/2018 LIEBERT CASSIDY WHITMORE 1466909 LEGAL SERVICES/PERSONNEL/SEP1802175 001-1203-4201 694.00 LEGAL SERVICES/PERSONNEL/SEP181466910 001-1203-4201 10,204.65 LEGAL SERVICES/PERSONNEL/SEP181466911 001-1203-4201 7,875.00 LEGAL SERVICES/PERSONNEL/SEP181466912 001-1203-4201 1,190.24 ESCUTIA/PAYROLL & FLSA TRAININGPO 14120 001-2101-4317 250.00 Total : 20,213.8902175 90442 11/1/2018 LOH, NATHANIAL PO 14802 DISMISSED CITATION NO. 3800111621135 001-3302 48.00 Total : 48.0021135 90443 11/1/2018 LOMBARDELLI, LETITIA Parcel 4187-017-010 STREET LIGHT & SEWER TAX REBATE20378 001-6871 121.69 105-3105 24.61 Total : 146.3020378 90444 11/1/2018 LOS ANGELES COUNTY FIRE DEPT.PO 14793 YARD REMEDIATION PLAN INITIAL OVERSIGHT13659 301-8615-4201 2,212.00 Total : 2,212.0013659 90445 11/1/2018 MALOVANI, ADAM IN00001 JAZZ SAXOPHONE ON THE PIER21139 001-1101-4319 300.00 Total : 300.0021139 90446 11/1/2018 MERRELL, SANDY Receipt 2000466.002 TENNIS RESERVATION REFUND21133 001-2111 10.00 Total : 10.0021133 90447 11/1/2018 MORRIS, KRISTY TR 759 PER DIEM/LODGING/GREEN BUSINESS SUMMIT19380 001-1201-4201 527.45 Total : 527.4519380 90448 11/1/2018 NGUYEN, KATRINA PO 14820/TR 735 REIMB/MUNICIPAL MGMT SOCAL CONFERENCE21128 128 11/01/2018 Check Register CITY OF HERMOSA BEACH 6 5:17:12PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90448 11/1/2018 (Continued)NGUYEN, KATRINA21128 001-1201-4317 731.77 Total : 731.7721128 90449 11/1/2018 NORRIS, GAVIN PO 14803 DISMISSED CITATION NO. 3100554521130 001-3302 53.00 Total : 53.0021130 90450 11/1/2018 OFFICE DEPOT 203952586001 PO 14551/OFFICE DESK13114 001-4601-4305 246.36 MAT REQ 649757/OFFICE SUPPLIES207296160001 001-4101-4305 70.04 MAT REQ 549645/BINDERS/RUBBER BANDS207690155001 001-2101-4305 40.01 MAT REQ 549645/OFFICE SUPPLIES207691788001 001-2101-4305 27.36 MAT REQ 863428/OFFICE SUPPLIES208944988001 001-4601-4305 68.96 MAT REQ 863428/NOTEBOOK208954593001 001-4601-4305 17.29 MAT REQ 863429/OFFICE SUPPLIES210234791001 001-4601-4305 57.04 MAT REQ 649637/OFFICE SUPPLIES210568515001 001-1202-4305 11.15 001-1208-4305 45.36 MAT REQ 863430/OFFICE SUPPLIES210749270001 001-4601-4305 93.04 MAT REQ 863458/OFFICE SUPPLIES212914820001 001-1204-4305 57.74 MAT REQ 669897/OFFICE SUPPLIES213680942001 001-4202-4305 43.35 MAT REQ 669897/OFFICE SUPPLIES213684112001 001-4202-4305 24.19 PO 14662/DESK CHAIRS (3) FOR CASHIERING215914100001 001-1204-4305 868.23 PO 14662/CHAIRMATS FOR CASHIERING (4)215921548001 001-1204-4305 157.67 MAT REQ 863057/OFFICE SUPPLIES216112158001 001-4201-4305 66.30 129 11/01/2018 Check Register CITY OF HERMOSA BEACH 7 5:17:12PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 1,894.09 90450 11/1/2018 OFFICE DEPOT13114 90451 11/1/2018 PETERSON, TERRY PO 14817 PIANO TUNING16782 001-4601-4201 115.00 Total : 115.0016782 90452 11/1/2018 PETTY CASH PO 14822 PETTY CASH/OCT1818547 001-1201-4201 71.21 001-1201-4305 6.56 001-1201-4315 40.00 001-1202-4317 85.00 001-1203-4201 38.00 001-1204-4305 19.36 001-2101-4305 58.38 001-3104-4309 34.91 001-4201-4315 95.00 001-4202-4317 30.00 001-4204-4309 17.51 001-4601-4308 93.38 160-3105-4201 38.59 715-2101-4311 30.00 715-3302-4311 45.31 001-2101-4313 40.98 Total : 744.1918547 90453 11/1/2018 PHUNG, CHUONG PO 14804 DISMISSED CITATION NO. 3400462621131 001-3302 38.00 Total : 38.0021131 90454 11/1/2018 POMERANITZ, EFRAT G.PO 14732 INSTRUCTOR PAYMENT/CLASS NO. 784819853 001-4601-4221 175.00 Total : 175.0019853 90455 11/1/2018 PROVIDENCE MEDICAL INSTITUTE GuarantorID2231120 MAT REQ 549587/PRE-EMPLOYMENT PHYSICAL01911 001-1203-4320 17.00 Total : 17.0001911 90456 11/1/2018 RED SECURITY GROUP, LLC 53874 MAT REQ 649507/DUPLICATE KEYS (3)13255 001-4204-4309 7.39 130 11/01/2018 Check Register CITY OF HERMOSA BEACH 8 5:17:12PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 7.39 90456 11/1/2018 RED SECURITY GROUP, LLC13255 90457 11/1/2018 REDONDO BEACH, CITY OF 566365 (PO 14835)QUALITY LIFE PROSECUTOR/CROSSFIT/SEP1803282 001-1132-4201 70.00 Total : 70.0003282 90458 11/1/2018 ROADLINE PRODUCTS INC 14521 (PO 14603)REPAIR TO LINE STRIPER15582 001-3104-4309 479.36 Total : 479.3615582 90459 11/1/2018 ROCK N ROLL CAR WASH LLC 213 CITY CAR WASHES/SEP1818596 715-4201-4311 10.00 715-4202-4311 10.00 715-2101-4311 140.00 715-3302-4311 20.00 Total : 180.0018596 90460 11/1/2018 ROMERO, JESSICA PO 14834 DISMISSED CITATION NO. 3600130521134 001-3302 53.00 Total : 53.0021134 90461 11/1/2018 RWB MUSIC SERVICES INC 230 (PO 14742)LA LA LAND EVENT MUSIC PERFORMANCE21140 001-1101-4319 300.00 Total : 300.0021140 90462 11/1/2018 RYDIN DECAL 350836 500 HANGTAGS FOR MONTHLY PERMITS09870 001-1204-4305 800.00 Total : 800.0009870 90463 11/1/2018 SCMAF PO 14806 SUMMER 2018 INSTRUCTOR INSURANCE PAYMENT12112 001-3893 1,102.60 Total : 1,102.6012112 90464 11/1/2018 SEYEDI, DONNA PO 14800 DISMISSED CITATION NO. 3900357021136 001-3302 38.00 Total : 38.0021136 90465 11/1/2018 SHENTON, KIM PO 14799 DISMISSED CITATION NOS. 39004242/321137 001-3302 91.00 131 11/01/2018 Check Register CITY OF HERMOSA BEACH 9 5:17:12PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount (Continued)Total : 91.00 90465 11/1/2018 SHENTON, KIM21137 90466 11/1/2018 SIGNVERTISE 8197 (PO 14752)PD RECRUITMENT BANNER09491 001-1203-4201 822.35 MAT REQ 669899/LA LA LAND BANNERS8198 001-4202-4305 718.15 LA LA LAND BANNER INSTALLATION8198 (PO 14775) 001-1101-4319 718.15 Total : 2,258.6509491 90467 11/1/2018 SINGLETON, LEEANNE PO 14772/TR 723 REIMB/AMERICAN PLANNING ASSOC CONFERENCE20608 001-1201-4317 134.07 Total : 134.0720608 90468 11/1/2018 SPECTRUM BUSINESS 0350359101118 1301 HERMOSA/RCC CONNECTION/NOV1820236 001-2101-4304 139.99 Total : 139.9920236 90469 11/1/2018 STUDIO 637 1157 (PO 14743)LA LA LAND DAY LIVE STREAMING SERVICES18156 001-1101-4319 750.00 Total : 750.0018156 90470 11/1/2018 SWANK MOTION PICTURES, INC.RG 2583194 PO 14779/COMM MOVIE NIGHT RENTAL/CARRIE20081 001-4601-4308 378.00 Total : 378.0020081 90471 11/1/2018 TORRANCE, CITY OF 2019-00151201 PO 14786/DRIVER'S TRAINING FOR PD16533 001-2101-4317 4,250.00 Total : 4,250.0016533 90472 11/1/2018 TRIANGLE HARDWARE October Statement MAINTENANCE SUPPLIES/OCT1800123 001-3104-4309 580.80 001-4204-4309 1,814.97 001-6101-4309 485.24 105-2601-4309 913.95 715-4206-4309 97.87 001-2021 88.69 001-2022 -88.69 Total : 3,892.8300123 132 11/01/2018 Check Register CITY OF HERMOSA BEACH 10 5:17:12PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90473 11/1/2018 UNION BANK OF CALIFORNIA, PARS #6746019200PO 14263 PARS/OPEB CONTRIBUTIONS/NOV1814528 001-1101-4190 135.42 001-1121-4190 600.50 001-1201-4190 2,191.83 001-1202-4190 2,199.83 001-1203-4190 587.67 001-1204-4190 2,140.67 001-1208-4190 481.17 001-2101-4190 37,186.33 001-2203-4190 10,914.50 001-3104-4190 1,851.75 001-3301-4190 138.42 001-3302-4190 6,759.08 001-4101-4190 2,528.83 001-4201-4190 2,556.25 001-4202-4190 2,203.50 001-4204-4190 1,457.50 001-4601-4190 1,362.75 001-6101-4190 1,915.50 105-2601-4190 717.08 160-3102-4190 302.17 161-3109-4190 255.42 715-4206-4190 1,130.83 Total : 79,617.0014528 90474 11/1/2018 VERIZON BUSINESS SERVICES 70947401 VOIP PHONES/COMM RES/SEP1818666 001-4601-4304 141.25 VOIP PHONES/BASE 3/SEP1870947651 001-3302-4304 107.93 VOIP PHONES/YARD/SEP1870948416 001-4202-4304 143.88 VOIP PHONES/BARD/SEP1870948500 001-3302-4304 69.29 VOIP PHONES/EOC GYM/SEP1870948506 001-1201-4304 61.38 Total : 523.7318666 90475 11/1/2018 VERIZON WIRELESS LA 9816307819 COMM DEV/CELL PHONES/SEP1803209 001-4201-4304 161.44 133 11/01/2018 Check Register CITY OF HERMOSA BEACH 11 5:17:12PM Page: Bank code :boa Voucher Date Vendor Invoice Description/Account Amount 90475 11/1/2018 (Continued)VERIZON WIRELESS LA03209 IN-FIELD FINGERPRINTING/OCT189816620781 153-2106-4201 134.64 Total : 296.0803209 90476 11/1/2018 WALSH, CHRISTOPHER PO 14754 CITATION 30010642 OVERPAYMENT21127 001-3302 30.00 Total : 30.0021127 90477 11/1/2018 WESTWOOD BUILDING SUPPLY 1810-264379 PO 14627/HERMOSA VIEW/PROSPECT/CONCRETE03739 001-3104-4309 179.14 Total : 179.1403739 90478 11/1/2018 YOUNG, DONALD CURTIS PO 14733 INSTRUCTOR PAYMENT/CLASS NOS. 7790/779215815 001-4601-4221 672.00 Total : 672.0015815 90479 11/1/2018 ZUMAR INDUSTRIES INC 80353 MAT REQ 773561/STREET SIGN MAINTENANCE01206 001-3104-4309 645.25 Total : 645.2501206 30134109 10/31/2018 SOCAL GAS 11/1/18 Check Run GAS BILL/SEP1800170 001-4204-4303 78.74 Total : 78.7400170 181462262 11/10/2018 ADMINSURE AS AGENT FOR THE 11/1/18 Check Run WORK COMP CLAIMS REIMB/OCT1814691 705-1217-4324 11,035.30 Total : 11,035.3014691 950163085 10/23/2018 SOCAL GAS 11/1/18 Check Run GAS BILLS/SEP1800170 001-4204-4303 101.16 Total : 101.1600170 Bank total : 260,342.09 74 Vouchers for bank code :boa 260,342.09Total vouchers :Vouchers in this report 74 134 11/01/2018 Check Register CITY OF HERMOSA BEACH 12 5:17:12PM 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 12 inclusive, of the check register for 11/1/18 are accurate funds are available for payment, and are in conformance to the budget." By Finance Director Date 11/5/18 135 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0660 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 ACTION MINUTES OF THE EMERGENCY PREPAREDNESS ADVISORY COMMISSION MEETING OF SEPTEMBER 6, 2018 (Emergency Services Coordinator Brandy Villanueva) Recommended Action: Staff recommends that the City Council receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of September 6, 2018. Attachments: Minutes of the September 6, 2018 Meeting Respectfully Submitted by: Brandy Villanueva, Emergency Services Coordinator Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 11/16/2022Page 1 of 1 powered by Legistar™136 1 Minutes EMERGENCY PREPAREDNESS ADVISORY COMMISSION THURSDAY, September 6, 2018 - 7:00 P.M. CALL TO ORDER - Present: Chair Gila Katz, Commissioners Alan Benson, Dave Buckland, William Hallett and Nadine Skye-Davis, Michael Detoy. Department Representatives: Area G DMAC Jeff Robinson and Laura Walters, LA County Fire Department Start Time: Meeting began at 7:10 p.m. PLEDGE OF ALLEGIANCE – Commissioner Michael Detoy ANNOUNCEMENTS 1. Hermosa Heroes Pancake Breakfast: The City of Hermosa Beach in partnership with the Hermosa Valley/View Parent Teacher organization will be hosting the Hermosa Heroes Pancake breakfast on Saturday, September 15, 2018 from 8 a.m. – noon. at the Fire Station. 2. Community Police Academy: The Community Police Academy is accepting applications and will begin the academy on September 27th. 3. The Great Shakeout: Commissioner Buckland stated that the Great Shakeout is scheduled for October 18, 2018 at 10:18 a.m. which is a reminder for residents to practice Drop, Cover and Hold On. 4. Role of EPAC Commission: Chair Katz stated that the role of the EPAC commission is to be the eyes, ears and support system for the community. It is the commissions responsibility to engage the community to prepare for an emergency. The commissioners are to listen to the community to determine what is important and not important. 5. When the written subcommittee reports are submitted to staff, no edits should be completed. 6. Chair Katz thanked her fellow commissioners for their support during this challenging time in the three months since the passing of her husband, Julian Katz. PUBLIC PARTICIPATION – None PRESENTATIONS – None REPORTS 1. FIRE DEPARTMENT REPORT Los Angeles County Fire Department provided an educational booth at National Night Out and the Summer Concerts in which the lifeguards assisted with the booths. The lifeguards launched a new program this year known as the Surf Racing team. This team is a more c ompetitive program. Applications will be available in February of 2019 and can be found on the Los Angeles County Fire Department website. Fire participated in the LA County Medical Point of Dispensing Clinic planning with the City. There are twelve new paramedics within the county. The Fire department currently has personnel at the Mendocino and Redding fires assisting with the response. The AED’s on the paramedic squads are being upgraded with new technology. For the month of September, the personnel will be conducting ground ladder drills. The entire fire department will be participating in the Shakeout. All three shifts will be conducting their windshield surveys and report back to their supervisors. Chair Katz stated that the on the news it stated that the wildfire season in the state has not truly begin. October and November is when the Southern California brush fire season begins. Ms. Walters stated that it is helpful for the communities not impacted by wildfires to post social media reminders regarding preparedness tips to prevent fires and how to stay safe during a wildfire. Chair Katz recommended that the City of Hermosa Beach celebrate the women and men who serve the fire department after brush fire season. 2. POLICE DEPARTMENT REPORT The Police Department did not have a representative present therefore no report was provided. Chair Katz stated that former Police Chief Greg Sevelli was in the hospital 137 2 gravely ill and had a liver transplant. She encourages the community to send well wishes to him. 3. OFFICE OF DISASTER MANAGEMENT – AREA G REPORT (South Bay Area of Los Angeles County). Area G hosted the G775 EOC management course in which 26 city personnel completed the training. Also, Area G hosted the G191 training in which 32 City personnel completed the training. The California Emergency Services Association conference will be held September 24 – 27, 2018 in Indian Wells. Shakeout is 10/18 at 10:18 a.m. and reminds residents to Drop, Cover, and Hold On and review emergency supplies to determine if items need to be replaced. There will be a Road to Resilience conference hosted by BICCEP on September 20, 2018 from 8- 4 p.m. Members are $65 and non- members are $95. On September 20, 2018 at 11:18 a.m. a National Wireless Emergency Alert (WEA) will be sent out on cell phones. Then at 11:20 a.m. the Emergency Alert System will be tested on the radio and television. On Tuesday 9/11 we will never forget the heroes who answered the call for service on that day. October 19 – 25, 2018 in Grand Rapids, Michigan will be the International Association of Emergency Managers conference. 4. CITY EMERGENCY MANAGER’S REPORT - Brandy Villanueva, Emergency Manager Mrs. Villanueva provided a written emergency manager report and highlighted the following: 1. Southern California Edison has launched their Public Safety Power Shut Off program. Hermosa Beach is not a wildfire community, but the city will be impacted as neighboring jurisdictions are listed as part of the new program . The Senate and Assembly have adopted a variety of new legislation that impacts the emergency management of the city including Assembly Bill 1646. In addition, Mrs. Villanueva has been working with LA County Public Hea lth to develop the Medical Point of Dispensing clinic. Chair Katz requested to attend the next planning meeting. Mrs. Villanueva has submitted four grants on behalf of the City with a possible approval timeline of three to four months and then a three-year completion timeline. The grants are for building retrofit, tsunami siren and education, emergency power assessment and generator purchase and a community/business preparedness program. Commissioner Buckland asked if the tsunami siren would assist with the noon-time siren project. Mrs. Villanueva has reached out to four siren companies to gather information to develop a tsunami siren. Chair Katz reached out to California Water Service as there was concern she may have a water leak. They provided tremendous amount of information related to preparedness. She recommends that residents reach out to the water service to provide education about the availability of water during a disaster at their residents and learn about how the water company prepares for a disaster. 5. HERMOSA BEACH CERT PROGRAM - Brandy Villanueva, Emergency Manager Mrs. Villanueva provided a written emergency manager report and highlighted the following: HbCERT had a CERT quarterly training that reviewed the search markings and the importance of these markings during a disaster. HbCERT hosted as variety of booths: National Night Out, and Fiesta Hermosa. A booth is also scheduled for the Hermosa Heroes pancake breakf ast on September 15, 2018. The basic CERT training will be held October 4, 9, 11, 16, 18, 23, 25 from 6 – 9 p.m. in the EOC. 6. HERMOSA BEACH AMATEUR RADIO ASSOCIATION (HBARA) - Commissioner Hallett Ken Hartley is still managing the HBARA team. When the transition is complete, Mr. Hartley will notify the emergency manager. 7. HERMOSA BEACH VOLUNTEERS IN POLICING (VIP) – Vice-Chair Dave Buckland The VIP program has two new volunteers who have been in the process for about four months. One of the volunteers is a retired law enforcement personnel with a background in investigations so it is anticipated the volunteer will be working with the police detectives. The other new volunteer is looking forward to assisting the community. MATTERS FOR COMMISSION CONSIDERATION 8. APPROVAL OF MINUTES FROM THE MEETING OF JULY 9, 2018 138 3 Commissioner Benson motioned the approval of the EPAC meeting minutes for the meetings of July 9, 2018. Commissioner Hallett seconded the motion and the motion was approved. 9. Election of Chair and Vice-Chair – Term September 6, 2018 – September of 2019 Commissioner Benson motioned to postpone the election of chair and vice -chair until all seven members of commissioner were assigned. The motion was seconded by Commissioner Buckland. Mrs. Villanueva recommended an election of the vice-chair since the commission currently does not have a vice-chair. Chair Katz stated that the City Clerk stated there is no particular need to complete the election until there are seven members on the commission. Commissioner Benson amended the original motion the delay of the election of a chair and hold the election for the vice chair. Commissioner Buckland agreed and seconded the amended motion . All commissioners agreed with the motion. Chair Katz nominated Commissioner Buckland as the vice- chair. Commissioner Buckland accepted the nomination. Commissioner Benson seconded the nomination. All commissioners were in favor of the nomination. 10. Emergency Number Magnet Mrs. Villanueva added the school district number, fire station and poison control information to the magnet. She will bring the magnet to the commission for final approval. Chair Katz asked if there is money in the EPAC budget for the printing. Mrs. Villanueva stated that EPAC does not have a budget nor does any city commission. Mrs. Villanueva will submit the project as a budget request during the midyear budget process. COMMISSIONER REPORTS 11. BUSINESS PREPAREDNESS OUTREACH – Commissioner Detoy Commissioner Detoy has been deployed to a variety of fires throughout the state. Commissioner Detoy will develop a branded brochure for the community with information pertinent to the hazards that will impact the community. Chair Katz asked if education can be provided to the businesses on what to do if there was an incident in their business. Chair Katz requested that when Commissioner Detoy visits businesses, to please ensure that exit signage is present. DMAC Robinson stated that it is required via building code to have an emergency plan and exits for businesses. Commissioner Detoy stated that as a part of the annual business inspection program, LA County Fire reviews the exit signage, and fire extinguishers, among other items. Commissioner Hallett suggested that when the commissioners are in the businesses, to engage them in a discussion to be placed onto a list of those are willing to assist the community following a disaster. 12. Community-Wide Emergency Alert System –Commissioner Hallett Commissioner Hallett asked about the tsunami siren that the Emergency Manager has submitted a grant for. Based on the approval/denial of the grant, the next steps of the project will be determined since in the current project budget is $5000. Commissioner Hallett is confident that once a final figure is determined, the community will pay for the remaining balance. Commissioner Hallett was wondering if the new siren will have the noon-time component. Mrs. Villanueva stated that there are variety of communication needs that will need to be addressed prior to the implementation of the project. The commission is hoping that the noon-time siren will be implemented in the new siren. 13. Promotion of Community Emergency Response Team (CERT) – Commissioner Buckland/Commissioner Skye-Davis Commissioner Skye-Davis participated in a workshop for equine response. The location where the training was held had an extremely detailed emergency evacuation plan detailing every aspect of response for equine. Commissioner Skye-Davis and Commissioner Buckland in partnership with Johnny Hernandez from Redondo Beach CERT hosted a training about animal preparedness on August 25, 2018. Many of the participants were extremely passionate about the training and it was understood that residents will not evacuate if there are not services providing for animal during a disaster. Commissioner Hallett stated that a new pet shop opened on Anza and PCH which conducts bird rescues. Bird Rescue ambulance service is a free service operated by retired volunteers. Commissioner Hallett will provide the contact information at the next commission meeting. Additional trainings will be provided following FEMA and CERT guidelines. 139 4 Commissioner Buckland stated that since the last report, CERT has been at six events in which a sign-up list was provided. At those events, 62 email addresses collected and 8 were unusable. Notifications regarding the upcoming Basic CERT class will be sent to the re maining 54 email addresses inviting them to attend the training. 14. Community Wide Emergency Preparedness Subcommittee – Chair Katz/Commissioner Benson Commissioner Benson stated that the City has hired a new City Manager who will start September 17, 2018. The subcommittee will set up a meeting with the City Manager to discuss the community wide emergency preparedness subcommittee. COMMISSION MEMBER REOUESTS FOR FUTURE AGENDA ITEMS • Commissioner Benson requested to have his agenda item request “Access and mobility issues as it relates to Emergency Preparedness in Hermosa Beach” kept in the future agenda items. • Commissioner Hallett suggested that the commission research the possibility of providing First Aid training to students to address the injuries that may result from children riding electric scooters if they are allowed in the city. • Chair Katz wants to develop a list of those who are most vulnerable and will need to be rescued. Mrs. Villanueva requested that the launch of the list created be postponed until the new Community Services Division Manager. Chair Katz requested that Mrs. Villanueva notify the commission when the new Community Services Division Manager is held and set a meeting to discuss the a partnership between neighborhood watch and EPAC. 15. ADJOURNMENT • Meeting adjourned at 8:31 p.m. 140 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0699 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF OCTOBER 2, 2018 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 October 2, 2018. Attachments: Minutes of October 2, 2018 Respectfully Submitted By: Lisa Nichols, Recreation Coordinator Approved: Kelly Orta, Community Resources Manager City of Hermosa Beach Printed on 11/16/2022Page 1 of 1 powered by Legistar™141 MINUTES REGULAR MEETING of the PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION Tuesday, October 2, 2018 – Council Chambers, City Hall 1315 Valley Drive – 7:00 P.M. Parks, Recreation and Community Resources Advisory Commission Robert Rosenfeld Jani Lange Lauren Pizer Mains Jessica Guheen Barbara Ellman 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 norma l 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: Commissioner Rosenfeld, Lange, Guheen and Ellman, Community Resources Manager Kelly Orta, Recreation Coordinator Lisa Nichols and Lauren Langer from the City Attorney’s Office Commissioner Pizer Mains arrived during item 6 and left during item 13. 4. Announcements 5. Presentations A. None 6. Public Comment Anyone wishing to address the Commission on items pertaining to parks and recreatio n 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. Please sign your name on the sign-in sheet at the conclusion of your comments. Coming forward to address the Commission at this time: (00:07:36) Richard Carlos, Torrance resident Name and address not stated or written Name and address not stated or written Len Rizzo and Kayla Kershaw, Hermosa Beach residents George Barks, Hermosa Beach resident Jerome (last name unknown), Torrance resident Nick Walls, Hermosa Beach resident Damian Schantz, Hermosa Beach resident 7. Correspondence Correspondence (1) re: Agenda Item 2. Pledge of Allegiance Added October 1, 2018 4:38pm 142 Correspondence (2) re: Agenda Item 2. Pledge of Allegiance Added October 1, 2018 4:38pm Correspondence (3) re: Agenda Item 2. Pledge of Allegiance Added October 1, 2018 4:38pm Motion by Commissioner Ellman to receive and file the Correspondence. Commissioner Lange seconded the motion. Motion passed with a 5-0 vote. 8. Consent Calendar B. Approval of the August, 2018 Activity Report C. Approval of the Regular Meeting Action Minutes of September 4, 2018 Motion by Commissioner Ellman to approve items B and C on the Consent Calendar. Commissioner Pizer-Mains seconded the motion. Motion passed with a 5-0 vote. 9. Items Removed from the Consent Calendar for Separate Discussion A. Approval of the Amended Regular Meeting Action Minutes of June 5, July 3, and August 7, 2018 Motion by Commissioner Pizer Mains to approve item A on the Consent Calendar. Commissioner Ellman seconded the motion. Motion passed with a 4-0 vote. Commissioner Guheen abstained. 10. Public Hearings A. Consideration to Permanently Restripe the Tennis Court Located at Clark Field (861 Valley Drive) to Become Three (3) Permanent Pickleball Courts, Converting the Court for Pickleball Play Only Recommendation: That the Commission holds a Public Hearing and determine whether to approve for recommendation to City Council to permanently restripe the tennis court located at Clark Field (861 Valley Drive) to become three (3) permanent pickleball courts, converting the court for pickleball play only. Coming forward to address the Commission at this time: (00:43:08) Tim Moore, Hermosa Beach resident Keith Kirby, Hermosa Beach resident Lisa Meenan, Hermosa Beach resident Sue Hirn, Hermosa Beach resident Curt Dammeyer, Hermosa Beach resident Tracey Tozser, Hermosa Beach resident Lois Tuey, Hermosa Beach resident Kent Lowell, Hermosa Beach resident Estner Hudson, Rancho Palos Verdes resident Doug Freeman, Hermosa Beach resident Ginger Bauer, Manhattan Beach resident Bob Stearns, Hermosa Beach resident Danny Kole, Hermosa Beach resident Kelly Moonan, Hermosa Beach resident Donn Paben, Hermosa Beach resident Scott Hernandez, Hermosa Beach resident Valherie Peirce, Hermosa Beach resident 143 Motion by Commissioner Guheen to approve the addition of 4 permanent pickleball courts (3 regular sized courts and 1 skinny court) by permanently restriping the tennis court located at Clark Field and to direct staff to develop a noise abatement recommendation inclusive of all possible abatement mitigations such as barriers, hours, monitors, equipment and the associated prices and to return with a recommendation for Commission consideration. Commissioner Ellman seconded the motion. Motion passed with a 5-0 vote. 11. Matters for Commission Consideration A. None 12. Commissioner’s Reports A. City Council Directed Subcommittees i. Special Event (Guheen and Lange) ii. Community Theatre (Lange) iii. Municipal Leases (Rosenfeld and Pizer Mains) iv. Community Resources Department Use Policies (Ellman and Guheen) B. Commission Liaison Roles i. Surfers Walk of Fame ii. Access Hermosa 13. Items Requested by Commissioners A. Valley Park Summer Day Camp Data B. Park Restroom Update C. Community Center Painting Update D. Joint Efforts with Public Works Department E. Skate Park Check-In Procedure - Update 14. Other Matters A. None Commissioner Guheen requested staff to return with information related to the process and updates on the Moondust Park Eagle Scout Project. Commission directed staff to add the issue of signage at City parks and creating a short-term solution until a more formal policy is created to a future agenda. 15. Adjournment Motion by Commissioner Lange to adjourn the meeting. Commissioner Ellman seconded the motion. Motion passed with a 4-0 vote. 144 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0669 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 2017 STATE HOMELAND SECURITY PROGRAM SUBRECIPIENT AGREEMENT (Acting Police Chief Milton McKinnon) Recommended Action: Staff recommends that the City Council: 1.Accept $83,911 in grant funds from the County of Los Angeles for the 2017 State Homeland Security Program; 2.Authorize the City Manager to execute the Subrecipient Agreement and the City Clerk to attest; 3.Approve estimated revenue of $83,911 in the Grant Fund; 4.Appropriate $83,911 in grant funds to the Police Department budget for fiscal year 2018-2019 for the purchase of interoperable radio equipment; and, 5.Authorize the purchase of portable radio equipment, not to exceed $83,911, through RCC contracted vendors. Background: The South Bay Regional Communications Authority, commonly referred to as the Regional Communications Center (RCC), currently provides dispatch services to the City of Hermosa Beach. RCC is in the process of upgrading to P25 digital radio communication systems. In order to be operationally compatible with the new systems, the Hermosa Beach Police Department (and all other RCC cities) is required to conduct a complete portable and mobile radio upgrade to ultra-high frequency (UHF) Motorola radios. On November 14, 2017, the City Council approved the purchase of portable and mobile radio equipment for the Police Department. At that time, the department advised that there was an opportunity for grant funds through the County of Los Angeles 2017 State Homeland Security Program (SHSP) to purchase additional radio equipment. The Hermosa Beach Police Department was recently notified that the 2017 SHSP grant was approved and that the City was awarded $83,911 for the purchase of interoperable portable radio equipment. City of Hermosa Beach Printed on 11/16/2022Page 1 of 3 powered by Legistar™145 Staff Report REPORT 18-0669 Analysis: The County of Los Angeles Board of Supervisors accepted the 2017 State Homeland Security Program (SHSP) for the Los Angeles County Operational Area and provided a Sub-recipient Agreement (SRA) to the City of Hermosa Beach for the distribution of $83,911 in grant funds. The grant funds would be used to supplement existing funds for the purchase of radio equipment. The City previously purchased radios, through RCC, from Motorola Solutions, which offered the LA County Contract (MS-IS-1740313) discounted rates. The department anticipates the purchase of at least nine (9) APX 8000 portable radios and one (1) APX multi-unit charger with available grant funds. The APX 8000 portable radio is approximately $6,709 per unit. The multi-unit charger is approximately $959. Staff recommends that City Council accept $83,911 in grant funds, appropriate the funds to the Police Department budget, and authorize the purchase of portable radio equipment not to exceed $83,911. Equipment would be purchased from Motorola through a master purchase order through RCC. Professional services for installation (including programming and engraving) of equipment would also be procured through RCC and Commline, Inc. (RCC contracted vendor). As part of executing the agreement, the City must provide the following signed documents to the County of Los Angeles, unless otherwise exempted: A.Certification and Disclosure Regarding Lobbying (Exhibit A) B.Certification Regarding Debarment, Suspension, Ineligibility, and voluntary Exclusion Lower Tier Covered Transactions (Exhibit B) C.Certification Regarding Drug-Free Workplace (Exhibit C) D.Certification of Grant Assurances (Exhibit D) All required documents were reviewed by the City Attorney and have been reviewed by staff for applicability and proper execution. Upon approval, the city would purchase the equipment from RCC through the LA County contract (MA-1740313) with Motorola. The radio equipment purchase would include portable radios for Police Officers and Community Service Officers and a multi-unit charging station. Staff would ensure that the City is in compliance with all SRA requirements and that documentation is retained for a minimum of five years after termination of the grant performance period. The award’s performance period is from September 1, 2017 to May 31, 2020. Fiscal Impact: Award of a grant in the amount of $83,911 from the County of Los Angeles for the 2017 State Homeland Security Program requires the following budget actions: 1.Approve estimated revenue of $83,911 in the Grant Fund. 2.Appropriate $83,911 in grant funds to the Police Department budget for fiscal year 2018-2019 for the purchase of interoperable radio equipment. City of Hermosa Beach Printed on 11/16/2022Page 2 of 3 powered by Legistar™146 Staff Report REPORT 18-0669 Attachments: 1. 2017 State Homeland Security Program Subrecipient Agreement 2. LA County / Motorola contract (MA-1740313) Respectfully Submitted by: Milton McKinnon, Acting Chief of Police 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 11/16/2022Page 3 of 3 powered by Legistar™147 148 149 State Homeland Security Program Subrecipient Agreement Grant Year 2017 Between the County of Los Angeles and the City of Hermosa Beach HO A.I 022045 16.2HOA .I 02204516 .1 150 SUBRECIPIENT AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF HERMOSA BEACH THIS AGREEMENT ("Agreement") is made and entered into by and between the County of Los Angeles, a political subdivision of the State of California (the "County of Los Angeles "), and the City of Hermosa Beach, a public agency (the "Subrecipient"). WHEREAS , the U.S . Department of Homeland Security Title 2 Code of Federal Regulations (CFR) through the Office of Grants and Training (G& T), has provided financial assistance for the State Homeland Security Program (SHSP), Catalog of Federal Domestic Assistance (CFDA) 97 .067-Homeland Security Grant Program directly to the California Governor's Office of Emergency Services (Cal OES) for the 2017 SHSP , FAIN #EMW-2017-SS-00083, Federal Award dated October 20, 2017 with a performance period of September 1 , 2017 to May 31 , 2020. This Federal Award is not a R&D award ; and WHEREAS, the Cal OES provides said funds to the County of Los Angeles (DUNS #052238763) as its Subgrantee, and the Chief Executive Office (CEO) is responsible for managing and overseeing the SHSP funds that are distributed to other specified jurisdictions within Los Angeles County; and WHEREAS, this financial assistance is being provided to the Subrecipient in order to address the unique equipment , training , organization, exercise and planning needs of the Subrecipient, and to assist the Subrecipient in building effective prevention and protection capabilities to prevent, respond to , and recover from threats or acts of terrorism; and WHEREAS , the County of Los Angeles as Subgrantee has obtained approval of the 2017 SHSP grant from Cal OES in the total amount of $1 0 ,308 ,294 .00; and WHEREAS, the CEO now wishes to distribute 2017 SHSP grant funds to the Subrecipient in the amount of $83 ,911.00 , as further detailed in this Agreement ; and WHEREAS , the CEO is authorized to enter into subrecipient agreements with cities providing for re -allocation and use of these funds ; and to execute all future amendments , modifications , extensions , and augmentations relative to the subrecipient agreements, as necessary; and WHEREAS , the County of Los Angeles and Subrecipient are desirous of executing this Agreement, and the County of Los Angeles Board of Supervisors on April 3, 2018 authorized the CEO to prepare and execute this Agreement. HOA.102204516.2 Grants/SHSP 2017/SR Ag reeme nts/ Page 1 151 NOW, THEREFORE , the County of Los Angeles and Subrecipient agree as follows: SECTION I INTRODUCTION §1 01 . Parties to this Agreement The parties to this Agreement are : A. County of Los Angeles , a political subdivision of the State of California , having its principal office at Kenneth Hahn Hall of Administration , 500 West Temple Street, Los Angeles , CA 90012 ; and B. City of Hermosa Beach , a public agency, having its principal office at ___ _ §1 02 . Representatives of the Parties and Service of Notices A. The representat ives of the respective parties who are authorized to administer this Agreement and to whom formal notices , demands and communications must be given are as follows : 1. The representative of the County of Los Angeles is , unless otherwise stated in this Agreement: HOA.102204 516.2 Craig Hirakawa Chief Executive Office , LAC 500 West Temple Street , Room B-79-2 Los Angeles , CA 90012 Phone : (213) 974-1127 Fax: (213) 687-3765 chirakawa@ceo .lacounty .gov Giles Quan Chief Executive Office , LAC 500 West Temple Street , Room B-79 -2 Los Angeles , CA 90012 Phone : (213) 97 4-2319 Fax: (213) 687-3765 gquan@ceo.lacounty.gov Grantsi SHSP 2017/SR Agreements/ Page 2 1315 Valley Dr. Hermosa Beach, CA 90254 152 2 . The representative of Subrecipient is : Name and Title: Organization /DUNS# Address: City/State/Zip : Phone: Email : With a copy to : Name and Title : Organization Address: City/State/Zip : Phone: Fax: Email : B. Formal notices, demands and communications to be given hereunder by either party must be made in writing and may be effected by personal delivery , regular U.S . Postal mail service and/or e-mail. In the event of personal delivery or email, the message w ill be deemed communicated upon receipt by the County of Los Angeles . In the event of mail service , the message will be deemed communicated as of the date of mailing . HOA.102204516.2 Grants/SHSP 2017/S R Agre ement s/ Page 3 Suja Lowenthal, City Manager City of Hermosa Beach, Duns # 1315 Valley Drive Hermosa Beach, CA 90254 310-318-0216 slowenthal@hermosabch.org Sharon Papa, Chief of Police Hermosa Beach Police Department 540 Pier Ave. Hermosa Beach, CA 90254 310-318-0300 310-798-8926 spapa@hermosapolice.org 153 C. If the name and/or title of the person designated to receive the notices , demands or communications or the address of such person is changed, written notice must be given , in accord with this section , within five (5) business days of said change. § 1 03. Independent Party Subrecipient is acting hereunder as an independent party , and not as an agent or employee of the County of Los Angeles. An employee of Subrecipient is not, and will not be deemed , an employee of the County of Los Angeles by virtue of this Agreement, and Subrecipient must so inform each employee organization and each employee who is hired or retained under this Agreement. Sub recipient must not represent or otherwise hold out itself or any of its directors , officers , partners, employees , or agents to be an agent or employee of the County of Los Angeles by virtue of this Agreement. §1 04. Conditions Precedent to Execution of This Agreement Subrecipient must provide the following signed documents to the County of Los Angeles, unless otherwise exempted : A. Certification and Disclosure Regarding Lobbying , attached hereto as Exhibit A and made a part hereof, in accordance with §411 .A.14 of this Agreement. Subrecipient must also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by Subrecipient. B. Certification Regarding Debarment, Suspension , Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions , attached hereto as Exhibit B and made a part hereof, as required by Executive Order 12549 in accordance with §411 .A.12 of this Agreement. C. Certification Regarding Drug-Free Workplace , attached hereto as Exhibit C and made a part hereof, in accordance with §411 .A.13 of this Agreement. D . Certification of Grant Assurances, attached hereto as Exhibit D and made a part hereof, in accordance with §411.C of this Agreement. SECTION II TERM AND SERVICES TO BE PROVIDED §201. Performance Period The performance period of this Agreement is from September 1, 2017 to February 29, 2020 , unless the County of Los Angeles , with Cal OES approval , HOA.1 02204516 .2 Grants/SHSP 2017/SR Agreements/ Page 4 154 provides written notification to the Sub recipient that the performance period has been extended , in which case the performance period will be so extended by such written notification , as provided in §502 , below. §202 . Use of Grant Funds A. Subrecipient and the County of Los Angeles have previously completed a mutually approved budget/expenditure plan, hereinafter "Budget," for the 2017 SHSP , which has been approved by Cal OES. Th is information is contained in a copy of the Final Grant Award Letter and Project Worksheet, attached hereto as Exhibit E . Any request by Subrecipient to modify the Budget must be made in writing with the appropriate justification and subm itted to CEO for approval. If during the County of Los Angeles review process , additional information or documentation is required , the Subrecipient will have ten (1 0) business days to comply with the request. If the Sub recipient does not comply with the request , CEO will issue written notification indicating that the requested modification will not be processed . Modifications must be approved in writing by the County of Los Angeles and Cal OES during the term of this Agreement. Upon approval , all other terms of this Agreement will remain in effect. Subrecipient must utilize grant funds in accordance with all Federal regulations and State Guidelines . B . Subrecipient agrees that grant funds awarded w ill be used to supplement existing funds for program activities , and will not supplant (replace) non-Federal funds . C . Subrecipient must rev iew the Federal Debarment Listing at https://www.sam.gov /portai/SAM/#1 prior to the purchase of equipment or services to ensure t he intended vendor is not listed and a lso maintain documentation that the list was ve r ified . D . Prior to the purchase of equipment or services utilizing a sole source contract or the receipt of single bid response of $150 ,000 .00 or more, justification must be presented to CEO, who upon review will request approval from Cal OES. Such approval in w riting must be obtained prior to the commitment of funds. E. Subrecipient must provide any reports requested by the County of Los Angeles to the CEO indicating Subrecipient's performance under this Agreement , including progress on meeting program goals. Reports must be in the form requested by the County of Los Angeles , and must be provided by the fifteenth (151h) of the following month. Subrecipient must submit claims for reimbursement in a timely manner. HOA.102204516 .2 Grant s/S HSP 20 17/S R Agreem ents/ Page 5 155 F . Subrecipient must provide an electronic copy of their Annual Single Audit Report, as required by 2 CFR Part 200 , to CEO no later than March 31 st (fiscal year ending June 30) or June 301h (fiscal year ending September 30) of the year following the reporting period; G . Subrecipient may be monitored by the County of Los Angeles on an annual basis to ensure compliance with Cal OES grant program requirements . The County of Los Angeles anticipates that said monitoring may include, at a minimum , one on- site visit during the term of this Agreement. H. Subrecipient must provide a Corrective Action Plan to CEO within thirty (30) days of any audit finding . I. Any equipment acquired pursuant to this Agreement must be authorized in the G& T Authorized Equipment List (AEL) available online at https ://www.fema.gov/authoriz ed-equipment-list and the Funding Guidelines of the 2017 SHSP Notice of Funding Opportunity, incorporated by reference , and attached hereto as Exhibit F . Subrecipient must provide the CEO a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet or exceed the minimum Federal requirements. Federal procurement requirements for the 2017 SHSP can be found at Title 2 CFR Part 200 .313. Any equipment acquired or obtained with Grant Funds: 1. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire , emergency medical , hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant; 2 . Will be consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that plan; 3. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan . J. Equipment acquired pursuant to this Agreement will be subject to the requirements of Title 2 CFR Part 200 .313. For the purposes of this subsection, "Equipment" is defined as tangible nonexpendable property, having a useful life of more than one year which costs $5 ,000 .00 or more per unit. Items costing less than $5,000.00, but acquired under the "Equipment" category of the Grant must also be listed on any required Equipment Listing. 1. Equipment must be used by Subrecipient in the program or project for which it was acquired as long as needed, whether or not the project or HOA .1 02204516 .2 Grants/SHSP 2017/SR Ag reeme nts/ Page 6 156 program continues to be supported by Federal funds . When no longer needed for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency. 2. Subrecipient must make Equipment available for use on other like projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired . First preference for other use must be given to other programs or projects supported by the awarding agency. 3. An Equipment Listing must be maintained listing each item of Equipment acquired with SHSP funds . The Equipment Listing must be kept up to date at all times. Any changes must be recorded in the Listing within ten (1 0) business days and the updated Listing is to be forwarded to the County of Los Angeles Auditor-Controller (A-C) Shared Services Division. The Equipment Property Records must be maintained that include: (a) a description of the property, (b) a serial number or other identification number, (c) the source of property, (d) who holds title , (e) the acquisition date, (f) and cost of the property , (g) percentage of Federal participation in the cost of the property , (h) the location, (i) use and condition of the property, U) and any ultimate disposition data including the date of disposal and sale price of the property . Records must be retained by the sub recipient pursuant to Title 2 , Part 200.313 (d) (1) of the CFR. 4. All Equipment obtained under this Agreement must have an appropriate identification decal affixed to it, and, when practical , must be affixed where it is readily visible . 5. A physical inventory of the Equipment must be taken by the Subrecipient and the results reconciled with the Equipment Listing at least once every two years or prior to any site visit by State or Federal auditors/monitors . The Subrecipient is required to have on file a letter certifying as to the accuracy of the Equipment Listing in the frequency as above , and provide to the CEO when requested . K. Any planning paid pursuant to this Agreement must conform to the guidelines as listed in 2017 SHSP , Notice of Funding Opportunity or subsequent grant year programs . L. Any training paid pursuant to this Agreement must conform to the guidelines as listed in 2017 SHSP , Notice of Funding Opportunity, and must be first submitted to CEO and then pre-authorized by Cal OES . A catalog of federally approved and sponsored training courses is available at https://www.firstrespondertra ining.gov/frt/. HOA.102204516.2 Grants/S HSP 2017/SR Ag reemen ts/ Page 7 157 M . Any exercise paid pursuant to th is Agreement must conform to the guidelines as listed in 2017 SHSP, Notice of Funding Opportunity. Detailed Homeland Security Exercise and Evaluation Program Gu idance is available at https:/ /prepto o lk it. fema .gov/web/hseep-resou rces . N . Subrecipient must provide to CEO a spending plan detailing the requ ired steps and t imeframes required to complete the approved projects within the grant timeframe. Sub recipient must submit the spending plan to CEO prior to final execution of the Agreement. 0 . Any organization activities paid pursuant to this Agreement must conform to the guidelines as listed in 2017 SHSP, Notice of Funding Opportunity. P . Any personnel activities paid pursuant to this Agreement must conform to the guidelines as listed in 2017 SHSP , Notice of Funding Opportunity. Q . Pursuant to this Agreement, indirect costs are not reimbursable . SECTION Ill PAYMENT §301 . Payment of Grant Funds and Method of Payment A. The County of Los Angeles will reimburse Subrecipient up to the maximum grant amount of $83 ,911 .00 as expenditures are incurred and paid by Sub recipient and all documentation is reviewed and approved by County of Los Angeles . All expenditures must be for the purchase of equipment, exercises, training , and planning as described in Section II of this Agreement. The grant amount represents the amount allocated to Subrecipient in the 2017 SHSP Grant Award Letter from Cal OES. B. Subrecipient must submit reimbursement requests to the County of Los Angeles A -C Shared Services Division requesting payment as soon as expenses are incurred and paid , and the required supporting documentation is available. Said timeframe should be within ten (1 0) business days of Subrecipient's payment to vendors and/or prescribed due dates by CEO and/or Cal OES. Each reimbursement request must be accompan ied by the Reimbursement Form (attached hereto as Exhibit G). All appropriate back-up documentation must be attached to the re imbursement form , including the method of procurement, purchase orders, invoices, report of goods received , and proof of payment. For train ing reimbursements , Sub recipient must include a copy of the class roster verifying training attendees, proof that prior approval was obtained from Cal OES HOA.102204516.2 Grants/SHSP 2017/SR Agreements/ Page 8 158 and that a Cal OES tracking number has been assigned to the course , and timesheets and payroll registers for all training attendees . For exercise reimbursements , Subrecipient must enter the After Action Report (AAR) and Improvement Plan on the State Office of Domestic Preparedness secure portal within sixty (60) days following completion of the exercise and submit proof of prior State approval of the AAR with the re imbursement request. For planning reimbursements, Subrecipient must include a copy of the final tangible product as a result of the planning project. C . The County of Los Angeles may, at its discretion , reallocate unexpended grant funds to another subrecipient. Said reallocation may occur upon approval by the County of Los Angeles of a Subrecipient reimbursement submission , inquiry from the County of Los Angeles to the Subrecipient regarding fund utilization , or by written notification from the Subrecipient to the County of Los Angeles that a portion of the grant funds identified in §301 .A., above , will not be utilized. As provided in §502 , below , any increase or decrease in the grant amount specified in §301.A., above , may be effectuated by a written notification by the County of Los Angeles to the Subrecipient. D. Payment of reimbursement request will be withheld by the County of Los Angeles until the County of Los Angeles has determined that Subrecipient has turned in all supporting documentation and completed the requirements of this Agreement. E. It is understood that the County of Los Angeles makes no commitment to fund this Agreement beyond the terms set forth herein. F. 1. Funding for all periods of this Agreement is subject to continuing Federal appropriation of grant funds for this program. In the event of a loss or reduction of Federal appropriation of grant funds for this program , the Agreement may be terminated , or appropriately amended , immediately upon notice to Subrecipient of such loss or reduction of Federal grant funds . 2. County of Los Angeles will make a good-faith effort to notify Subrecipient, in writing, of such non -appropriation at the earliest time. SECTION IV STANDARD PROVISIONS §401 . Construction of Provisions and Titles Herein All titles or subtitles appearing herein have been inserted for convenience and do not, and will not be deemed to , affect the meaning or construction of any of the HOA.10220451 6.2 Grant s/S HSP 2017/SR Agreeme nts/ Page 9 159 terms or provisions hereof. The language of this Agreement will be construed according to its fair meaning and not strictly for or against either party . §402. Applicable Law . Interpretation and Enforcement Each party's performance hereunder must comply with all applicable laws of the United States of America , the State of California , and the County of Los Angeles . This Agreement will be enforced and interpreted , as applicable, under the laws of the United States of America , the State of California and the County of Los Angeles . If any part , term or provision of this Agreement is held void , illegal , unenforceable, or in conflict with any law of a Federal , State or Local Government having jurisdiction over this Agreement, the validity of the remainder of the Agreement will not be affected thereby . Applicable Federal or State requirements that are more restrictive w ill be followed . §403 . Integrated Agreement This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreemen ts or understandings , whether written or oral , relating thereto. This Agreement may be amended only as provided for herein . §404 . Breach If any party fails to perform , in whole or in part, any promise , covenant , or agreement set forth herein , or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies , at law or equity, in the courts of law . Said rights and remedies are cumulative of those provided for herein ex cept that in all events , no party may recover more than once , suffer a penalty or forfeiture , or be unjustly compensated. §405 . Prohibition Against Assignment or Delegation Subrecipient may not do any of the following , unless it has first obtained the written permission of the County of Los Angeles : A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or B. Delegate, subcontract, or otherwise transfer any of its duties hereunde r. HOA.1 02204516 .2 Grants/SHSP 2017/SR Agreeme nts/ Page 10 160 §406. Permits Subrecipient and its officers , agents and employees must obtain and ma intain all permits and licenses necessary for Subrecipient's performance hereunder and must pay any fees required therefor. Subrecipient furthe r certifies that it will immediately notify the County of Los Angeles of any suspension , termination , lapse , non-renewal or restriction of licenses, certificates , or other documents. §407. Nondiscrimination and Affirmative Action Subrecipient must comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America , the State of California , and the County of Los Angeles . In perform ing this Agreement, Subrecipient must not discriminate in its employment practices against any employee or applicant for employment be c ause of such person 's race , re li gion , national origin , ancestry, sex, sexual orientation , age , physical handicap , mental disability, marital status , domestic partner status or medical condition . Subrecipient must comply with Executive Order 1 1246 , entitled "Equa l Employment Opportunity ," as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). If required , Subrecipient must submit an Equal Emp loyment Opportunity Plan to the Department of Justice Office of Civil Rights in accordance with gu ide li nes listed at https ://www.j ustice .gov/crt. Any subcontract entered into by the Sub recipient relating to this Agreement, to the extent allowed hereunder, w i ll be subject to the provis ions of this §407 of this Agreement. §408 . Indemnification Each of the parties to this Agreement is a public entity . Th is indemn ity provis ion is written in contemplation of the provisions of Section 895 .2 of the Government Code of the State of Cal ifornia , which impose certain tort liability jointly upon public entities, solely by reason of such entities being parties to an agreement , and the parties agree that this indemnity provision will apply and will be enforceable regardless of whether Section 895 et seq . is deemed to apply to this Agreement. The parties hereto, as between themselves , co nsistent with the authorization contained in Government Code Sections 895.4 and 895 .6 agree to each assume the full liability imposed upon it or upon any of its officers , agents , or emp loyees by law, for injury caused by a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be i mposed in the absence of Government Code Section 8 95 .2 . To achieve the above-stated purpose , each party ag rees to indemnify and hold harmless the other party for any liability arising out of its own negligent acts or omissions in the performance of this Agreemen t (i.e ., the Sub rec ipient agrees to indemnify and hold harmless the County of Los Ange les for liability arising out of HOA.1 022045 16 .2 Grants/SHSP 2017/SR A greements / Page 11 161 the Subrecipient's negligent or wrongful acts or omissions and the County of Los Angeles agrees to indemnify and hold harmless the Subrecipient for liability arising out of the County of Los Angeles' negligent or wrongful acts or omissions). Each party further agrees to indemnify and hold harmless the other party for liability that is imposed on the other party solely by virtue of Government Code Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if fully set forth herein . Subrecipient certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement. §409. Conflict of Interest A. The Subrecipient covenants that none of its directors, officers , employees, or agents may participate in selecting , or administrating , any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business , etc.; or where such person knows or should have known that: 1. A member of such person's immediate family , or domestic partner or organization has a financial interest in the subcontract; 2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or 3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §871 00 et seq . if such person were a public officer, because such person would have a "financial or other interest" in the subcontract. B . Definitions : 1. The term "immediate family" means domestic partner and /or those persons related by blood or marriage , such as husband , wife , father, mother, brother, sister, son , daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law . 2. The term "financial or other interest" means : HOA.1 02204516 .2 a. Any direct or indirect financial interest in the specific contract , including but not limited to , a commission or fee, a share of the proceeds , prospect of a promotion or of future employment, a profit, or any other form of financial reward. b. Any of the follow ing interests in the subcontractor ownership : partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in Gran ts/SHSP 2017/SR Ag reeme nts/ Page 12 162 a managerial capacity; or membersh ip on the board of directors or governing body. C . The Subrecipient further covenants that no officer, director, employee , or agent may solicit or accept gratuities , favors, or anything of monetary va lue from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee , or agent). D . The Subrecipient may not subcontract with a former director, officer, or employee within a one year period following the terminati on of the relationsh ip between said person and the Subrecipient. E. Prior to obtaining the County of Los Angeles' approval of any subcontract, the Subrecipient must disclose to the County of Los Angeles any relationship, financial or otherwise , direct or ind irect, of the Subrecipient or any of its officers, directors or employees or their immediate family w ith th e proposed subcontractor and its officers, directors or employees . F . For further clarification of the meaning of any of the terms used herein , the parties agree that references are made to the gu idelines, rules , and laws of the County of Los Angeles, State of California , and Federal regulations regarding conflict of interest. G . The Subrecipient warrants that it has not paid or g iven and w ill not pay or give to any third person any money or other consideration for obtaining this Agreement. H . The Subrecipient covenants that no member, officer or employee of Subrecipient may have interest, direct or indirect, i n any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee , member or officer or for one year thereafter. I. The Sub recipient must incorporate th e foregoing s u bsections of this Section into every agreement that it enters into in connection with this grant and must substitute th e term "subcontractor" for the term "Subreci pient" and "sub s ubcontractor" for "Subcontractor". §41 0. Restriction on Disclosures Any reports , analyses, studies , drawings, information , or data generated as a result of this Agreemen t are to be governed by the Californ ia Publ ic Re c ords Act (California Government Code Sec. 6250 et seq .). HOA.102204516.2 Grants/S HSP 20 17/S R Agreements/ Pag e 13 163 §411 . Statutes and Regulations Applicable To All Grant Contracts A. Subrecipient must comply with all applicable requirements of State , Federal , and County of Los Angeles laws , executive orders , regulations , program and administrative requirements, policies and any other requirements governing this Agreement. Subrecipient must comply with applicable State and Federal laws and regulations pertaining to labor, wages , hours , and other conditions of employment. Subrecipient must comply with new, amended, or revised laws, regulations , and /or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to : 1. CFR Subrecipient must comply with Title 2 CFR Part 200 . 2. Single Audit Act Since Federal funds are used in the performance of this Agreement, Subrecipient must, as applicable , adhere to the rules and regulations of the Single Audit Act (31 USC Sec. 7501 et seq .), 2 CFR Part 200 and any administrative regulation or field memos implementing the Act. 3 . Americans with Disabilities Act Subrecipient hereby certifies that, as applicable, it will comply with the Americans with Disabilities Act 42 , USC §§12101 et seq ., and its implementing regulations . Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs , services and activities in accordance with the provisions of the Americans with Disabilities Act. Subrecipient will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any subcontract entered into by Subrecipient, relating to this Agreement, to the extent allowed hereunder, will be subject to the provisions of this paragraph . 4 . Political and Sectarian Activity Prohibited HOA.1022045 16.2 None of the funds, materials, property or services provided directly or indirectly under this Agreement may be used for any partisan political activity , or to further the election or defeat of any candidate for public office. Neither may any funds provided under this Agreement be used for any purpose designed to support or defeat any pending legislation or administrative regulation . None of the funds provided pursuant to this Agreement may be used for any sectarian purpose or to support or benefit any sectarian activity . Grants/SHS P 2017/SR Ag reem ents/ Page 14 164 Subrecipient must file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of any of the information contained in any Disclosure Form previously filed by Subrec ipient. Subrecipient must require that the language of this Certification be included in the award documents for all sub-awards at all tiers and that all subcontractors certify and disclose accordingly . 5 . Records Inspection At any time during normal business hours and as often as either the County of Los Angeles , the U.S . Comptroller General or the Auditor General of the State of California may deem necessary, Sub recipient must make available for examination all of its records w ith respect to all matters covered by this Agreement. The County of Los Angeles , the U.S. Comptroller General and the Auditor General of the State of California have the authority to audit, examine and make excerpts or transcripts from records, including all Subrecipient's method of procurement, invoices , materials , payrolls , records of personnel , conditions of employment and other data relating to all matters covered by this Agreement. Subrecipient agrees to provide any reports requested by the County of Los Angeles regarding performance of this Agreement. 6. Records Maintenance Records , in their original form , must be maintained in accordance with requirements prescribed by the County of Los Angeles with respect to all matters specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records must be retained for a period five (5) years after termination of this Agreement and after final disposition of all pending matters. "Pending matters" include , but are not limited to , an audit, litigation or other actions involving records . The County of Los Angeles may, at its discretion , take possession of, retain and audit said records . Records , in their original form pertaining to matters covered by this Agreement, must at all times be retained within the County of Los Angeles unless authorization to remove them is granted in writing by the County of Los Angeles . 7. Subcontracts and Procurement HOA.1 02204516 .2 Subrecipient must, as applicable , comply with the Federal , State and County of Los Angeles standards in the award of any subcontracts. For purposes of this Agreement, subcontracts include but are not limited to purchase agreements, rental or lease agreements , third party agreements, consultant service contracts and construction subcontracts. Grants/SHSP 2017/SR Agreements/ Pa ge 15 165 Subrecipient must, as applicable, ensure that t he terms of this Agreement with the County of Los Angeles are incorporated into all Subcontractor agreements. The Subrecipient must submit all Subcontractor agreements to the County of Los Angeles for review prior to the release of any funds to the Subcontractor. The Subrecip ient must withhold funds to any Subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor agreement. 8 . Labor Subrecipient must, as applicable , comply with the Intergovernmenta l Personnel Act of 1970 (42 U.S.C . §§4728-4763) relating to prescribed requirements for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System Personnel Administration (5 C FR 900, Subpart F). Subrecipient must, as applicable , comply with the provisions of the Davis- Bacon Act (40 U.S.C . §§276a to 276a-7); the Copeland Act (40 U .S.C. §276c and 18 U .S .C. §874); the Contract Work Hours and Safety Standards Act (40 U .S .C . §§327-333), regarding labor standards for federally-assisted construction subagreements; and the Hatch Act (5 USC §§1501 -1508 and 7324-7328). Subrecipient must, as applicable , comply with the Federal Fair Labor Standards Act (29 U .S .C . §201 ) regarding wages and hours of employment. None of the funds may be used to promote or deter un ion /labor organiz ing activities . CA Gov't Code Sec. 16645 et seq . 9 . Civil Rights HOA.1 02204 516 .2 Subreci pient must, as app licable, c omply w ith all Fede ral statutes relat ing to nondiscrimination. These include but are not lim ited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits d iscrimination on the basis of race , color or national origin ; (b) T itle IX of the Education Amendments of 1972, as amended (20 U .S.C . §§1681-16 83 , and 1685- 1686), which prohibits discrimination on the basis of sex ; (c) Section 504 of the Rehabilitation Act of 1973 , as amended (29 U .S .C . §7 94), which prohibits discrimination on the basis of disabilities ; (d) the Age Discrimination Act of 1975, as amended (42 U .S .C . §§6101-6 10 7), whi ch prohibits discrimination on the basis of age ; (e) the Drug Abuse Office and Treatment Act of 1972 (P .L. 92-255), as amended , relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol A buse and Alcoholism Prevention , Treatment and Rehabil itati o n A c t of 1970 (P.L. 91-616), as amended , relating to nondiscrimination on the basis of alcohol abu se or alc oholism ; (g ) §§523 and 527 of the Public Gra nt s/SHSP 20 17/SR Agreements/ Pag e 16 166 Health Service Act of 1912 (42 U.S.C . §§290 dd-3 and 290 ee 3), as amended , relating to confidentiality of alcohol and drug abuse patient records ; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C . §§3601 et seq.), as amended, relating to non-discrimination in the sale , rental or financing of housing ; (i) any other nondiscrimination provis ions in the specific statute(s) under which application for Federal assistance is being made; 0) the requirements of any other nondiscrimination statute(s) that may apply to the application; and (k) P .L. 93-348 regarding the protection of human subjects involved in research , development, and related activities supported by this award of assistance. 10. Environmental HOA.102204516.2 Subrecipient must, as applicable , comply , or has already complied , with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs . These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Subrecipient must, as applicable , comply with environmental standards which may be prescribed pursuant to the following : (a) institution of environmental quality control measures under the National Environmental Pol icy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988 ; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S .C . §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U .S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P .L. 93- 523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P .L. 93205); and (i) Flood Disaster Protection Act of 1973 §1 02(a) (P .L. 93-234). Subrecipient must, as applicable , comply with the Wild and Scenic Rivers Act of 1968 (16 U.S .C . §§1271 et seq .) related to protecting components or potential components of the national wild and scenic rivers system . Subrecipient must, as applicable, comply with the Lead-Based Paint Poisoning Prevention Act (42 U .S.C . §§4801 et seq .), which prohibits the use of lead-based paint in construction or rehabilitation of residence structures . Grants/SHSP 2017/SR Ag reements/ Page 17 167 Subrecipient must, as applicable , comply with the Federal Water Pollution Control Act (33 U .S.C . §1251 et seq .), which restores and maintains the chemical , physical and biological integrity of the Nation 's waters . Subrecipient must, as applicable , ensure that the facilities under its ownership, lease or supervision that are utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. By signing this Agreement, Subrecipient warrants and represents that it will , as applicable , comply with the California Environmental Quality Act (CEQA), Public Resources Code §21 000 et seq . Subrecipient must, as applicable , comply with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871 ). Subrecipient must, as applicable, comply with the provision of the Coastal Barrier Resources Act (P .L. 97-348) dated October 19 , 1982 (16 U.S .C. 3501 et. seq .) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 11 . Preservation Subrecipient must, as applicable , comply with Section 106 of the National Historic Preservation Act of 1966 , as amended (16 U .S.C . §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U .S.C . §§469a-1 et seq.). 12 . Suspension , Debarment. Ineligibility and Voluntarv Exclusion HOA.102204516.2 Subrecipient must, as applicable , comply with Title 2 CFR Part §3000 , regarding Suspension and Debarment, and Subrecipient must submit a Certification Regarding Debarment, attached hereto as Exhibit B , required by Executive Order 12549 and any amendment thereto . Said Certification must be submitted to the County of Los Angeles concurrent with the execution of this Agreement and must certify that neither Subrecipient nor its principals are presently debarred , suspended , proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department head or agency. Subrecipient must require that the language of this Certification be included in the award documents for all sub-award at all tiers and that all subcontractors certify accordingly. Grants/SHSP 20 17/SR Agreemen ts/ Page 18 168 13. Drug-Free Workplace Subrecipient must, as applicable , comply with the federal Drug-Free Workplace Act of 1988, 41 USC §701, Title 44 Code of Federal Regulations (CFR) Part §17; the California Drug-Free Workplace Act of 1990, CA Gov't Code §§8350-8357, and Subrecipient must complete the Certification Regarding Drug-Free Workplace Requirements , attached hereto as Exhibit C , and incorporated herein by reference . Subrecipient must require that the language of this Certification be included in the award documents for all sub-award at all tiers and that all subcontractors certify accordingly . 14. Lobbying Act ivities Subrecipient must, as applicable , comply with 31 U.S .C .1352 and complete the Disclosure of Lobbying Activities , (OMB 0038-0046), attached hereto as Exhibit A , and incorporated herein by reference . 15. Miscellaneous Subrecipient must, as applicable , comply with the Laboratory Animal Welfare Act of 1966, as amended (P .L. 89-544 , 7 USC §§2131 et seq .). B . Statutes and Regulations Applicable To This Particular Grant Agreement Subrecipient must comply with all applicable requirements of State and Federal laws , exe cutive orders , regulations , program and administrative requirements , policies and any other requirements governing this particular grant program . Subrecipient must, as applicable , GOmply with new , amended , or revised laws , regulations , and/or procedures that apply to the performance of this Agreement. These requirements include , but are not lim ited to : Title 2 CFR Part 200; EO 12372 ; U .S. Department of Homeland Security , Office of State and Local Government Coordination and Preparedness , Office for Domestic Preparedness , ODP WMD Train ing Course Catalogue ; and DOJ Office for Civil Rights . Standardized Em ergen cy Manag em e nt System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2 , §8607 .1(e) and CCR Title 19, §§2445-2448 . Provisions of Title 2 , 6 , 28 , 44 CFR applicable to grants and cooperative agreements , including Part 18, Adm inistrative Review Procedures ; Part 20 , Criminal Justice Information Systems; Part 22 , Confidentiality of Identifiable Research and Statistical Information ; Part 23 , Criminal Intelligence Systems Operating Polici es ; Part 30 , Intergovernmental Review of Department of Justice Programs and Activities ; Part 35 , Nondiscrimination on the Basis of Disability in State and Local Government Services ; Part 38 , Equal Treatment of Faith-based HOA.102204516.2 Grants/SH SP 2017/SR Agreements/ Page 19 169 Organizations ; Part 42 , Nondiscrimination/Equal Employment Opportunities Policies and Procedures ; Part 61 , Procedures for Implementing the National Environmental Policy Act; Part 63 , Floodplain Management and Wetland Protection Procedures ; Part 64 , Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to Federal Assistance Programs ; Part 69 , New Restrictions on Lobbying ; Part 70 , Uniform Admin istrative Requirements for Grants and Cooperative Agreements (including sub-awards) with Institutions of Higher Learning , Hospitals and other Non-Profit Organizations; and Part 83 , Government-Wide Requirements for a Drug Free Workplace (grants). Nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate ; the provisions of the current ed it ion of the Office of Justice Programs Financial and Administrative Guide for Grants , M71 00 .1, and all other applicable Federal laws , orders , c irculars , or regulations . 1 . Travel Expenses Subrecipient , as provided herein , w ill be compensated for Subrecipient's reasonable travel expenses incurred in the performance of this Agreement , to include travel and per diem, unless otherwise expressed . Subrecipient's to tal travel for in-State and/or out-of-State and per diem costs must be included in the contract budget(s). All travel , including out- of-State travel , that is not included in the budget(s) will not be reimbursed without prior written authorization from the County of Los Angeles. Subrecipient's administrative-related travel and per diem reimbursement costs will not be reimbursed . For programmatic-related travel costs, Subrecipient's reimbursement rates may not exceed the amounts established under the grant. C . Compliance W ith Grant Requirements To obtain the grant funds , the State required an authorized representative of the County of Los Angeles to sign certain promises regarding the way the grant funds would be spent. These requ irements are included i n the 2017 Notice of Funding Opportunity and in the State's "Grant Assurances ". By signing these Grant Assurances and accepting the Notice of Fund ing Opportunity, the County of Los Angeles became liable to the State for any funds that are used in violation of the grant requirements . The State's Grant Assurances are incorporated into this Agreement through Exhibit D. Subrecip ient will be l iable to the Grantor for any funds the State determines the Subrecipient used in violation of these Grant Assurances. HOA.102204516.2 Grants/SHSP 201 7/SR Agreements/ Page 20 170 Pur~uant to this Agreement , Subrecipient shall execute the 2017 Certification of Grant Assurances in Exhibit D , accepting and agreeing to abide by all provisions, assurances, and requirements therein . Subrecip ient agrees to indemnify and hold harmless the County of Los Angeles for any sums the State or Federal government determines Subrecipient used in violation of the Grant Assurances . To the extent Exhibit D conflicts with language or provisions contained in th is Agreement, or contains more restrictive requirements under Federal and State law, Exh ibit D shall control. D . Noncompliance With Grant Requ irements Sub recipient understands that failure to comply with any of the above assurances and requirements , includ ing Exhib it 0 , may result in suspens ion , termination or reduction of grant funds , and repayment by the Subrecipient to the County of Los Angeles of any unauthorized expenditures. §412. Federal. State and Local Taxes Federal, State and local taxes are the responsibil ity of the Subrecipient as an independent party and not of the County of Los Angeles and must be paid prior to requesting reimbursement. However, these taxes are an allowable expense under the grant program . §413. Inventions , Patents and Copyrights A. Reporting Procedure for Inventions If any project produces any invention or discovery ("Inven ti on ") patentable or otherwise under Title 35 of the U .S . Code , including , without l imitation , processes and business methods made in the course of work under this Agreement, the Sub recipient must report the fact and disclose the Invention promptly and fully to the County of Los Angeles. The County of Los Angeles w ill report the fact and disclose the Invention to the State. Unless there is a prior agreement between the County of Los Angeles and the State , the State will determine whether to seek protection on the Invention . The State will determ ine how the rights in the Invention, including rights under any patent issued thereon , will be allocated and administered in order to protect the public interest consistent w ith the pol icy ("Policy") embodied in the Federal Acquisition Regulations System , which is based on Ch . 18 of Title 35 U.S.C . Sections 200 et seq . (Pub . L. 95-517 , Pub . L. 98-620, Title 37 CFR Part 401 ); Presidential Memorandum on Government Patent Policy to the Heads of the Executive Departments and Agencies , dated 2 /18/1983); and Executive Order 12591 , 4/10/87 , 52 FR 13414, Title 3 CFR , 1987 Comp., p . 220 (as amended by Executive O rder 12618, 12/22/87 , 52 FR 48661 , Title 3 CFR , 1987 Comp ., p . 262). Subrecipient hereby agrees to be bound by the Policy, and will contractually require its personne l to be bound by the Policy. HOA.1 02204516 .2 Grants/SHSP 2017/SR Agreements / Page 21 171 B . Rights to Use Inventions As applicable , County of Los Angeles will have an unencumbered right, and a non-exclusive , irrevocable, royalty-free license to use , manufacture, improve upon , and allow others to do so for all government purposes, any Invention developed under this Agreement. C. Copyright Policy 1. Unless otherwise provided by the State or the terms of this Agreement , when copyrightable material ("Material") is developed under this Agreement, the County of Los Angeles , at its discretion , may copyright the Material. If the County of Los Angeles declines to copyright the Material , the County of Los Angeles will have an unencumbered right , and a non- exclusive , irrevocable, royalty-free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement. 2 . The State will have an unencumbered right, and a non-exclusive, irrevocable , royalty-free license , to use , manufacture, improve upon , and allow others to do so for all government purposes , any Material developed under this Agreement or any Copyright purchased under this Agreement. 3 . Subrecipient must comply with Title 24 CFR 85 .34 . D . Rights to Data The State and the County of Los Angeles will have unlimited rights or copyright license to any data first produced or delivered under this Agreement. "Unlimited rights" means the right to use, disclose, reproduce , prepare derivative works , distribute copies to the public , and perform and display publicly , or permit others to do so ; as required by Title 48 CFR 27.401 . Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U .S.C. Section 401 or 402 , the State acquires the data under a copyright license as set forth in Title 48 CFR 27.404(f)(2) instead of unlimited rights . (Title 48 CFR 27.404(a)). E. Obligations Binding on Subcontractors Subrecipient must require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts . §414 . Child Support Assignment Orders Under the terms of this Agreement , Subrecipient must, as applicable , comply with California Family Code Section 5230 et seq . HOA.1 022045 16.2 Grants/SHSP 2017/SR Agreeme nts / Page 22 172 §415 . Minority, Women, And Other Business Enterprise Outreach Program It is the policy of the County of Los Angeles to provide Minority Business Enterprises, Women Business Enterprises and all other business enterprises an equal opportunity to participate in the performance of all Subrecipient's contracts , including procurement, construction and personal services . This policy applies to all of the S u brecipient's contractors and sub-contractors . §416. Compliance with Fair Chance Employment Practices Subrecipient shall comply with fair chance employment hiring practices set forth in Calif ornia Government Code Section 12952, Employment Discrimination: Conviction History. Subrecipient's violation of this paragraph of the Agreement t may constitute a material breach of the Agreement. In the event of such material breach, County of Los Angeles may, in its sole discretion , terminate the Agreement. §417. Method of Payment and Required Information The County of Los Angles may, at its sole discretion , determine the most appropriate , efficient, secure , and timely form of payment provided under this Agreement. Sub recipient further agrees that the default form of payment shall be Electronic Funds Transfer (EFT) or d irect deposit, un less an alternative method of payment is deemed appropriate by the A-C. Subrecipient shall provide the A-C with electronic banking and related information for the Subrecipient and/or any other payee that the Subrecipient designates to receive payment pursuant to this Agreement at https://directdeposit.lacou nty.gov/. Such electronic banking and related information includes , but is not limited to : bank account number and routing number, legal business name, valid taxpayer identification number or TIN , a working e-mail address capable of receiving remittance advices and other payment related correspondence , and any other information that the A-C determines is reasonably necessary to process the payment and comply w ith all accounting , record keeping , and tax reporting requ irements . Any provision of law , grant, or funding agreement requiring a specific form or method of payment other than EFT or direct deposit shall supersede this requ irement with respect to those payments. At any time during the duration of this Agreement, the Subrecipient may submit a written request for an exemption to this requirement and must be based on specific legal , business or operational needs and explain why the payment method designated by the A-C is not feasible and an alternative is necessary . The A -C , in consultation with CEO , shall decide whether to approve exemption requests . HOA.102204516.2 Grant s/S HSP 20 17/S R Ag reements/ Page 23 173 SECTION V DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS §501 . Defaults Should either party fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the non-breaching party reserves the right to terminate the Agreement, reserving all rights under State and Federal law . §502 . Amendments Except as otherwise provided in this paragraph , any change in the terms of this Agreement , including changes in the services to be performed by Subrecipient, that are agreed to by the Subrecipient and the County of Los Angeles must be incorporated into this Agreement by a written amendment properly signed by persons who are authorized to bind the parties . Notwithstanding the foregoing , any increase or decrease of the grant amount specified in §301 .A., above , or any extension of the performance period specified in §201 , above, does not require a written amendment, but may be effectuated by a written notification by the County of Los Angeles to the Subrecipient. SECTION VI ENTIRE AGREEMENT §601 . Complete Agreem e nt This Agree ment contains the full and complete Agreement between the two parties . Neither verbal agreement nor conversation or other communication with any officer or employee of either party will affect or modify any of the terms and conditions of this Agreement. §602. Number of Pages and Attachments This Agreement may be executed in two (2) duplicate originals , each of which is deemed to be an original. This Agreement includes (25) pages and (7) Exhibits which constitute the entire understanding and agreement of the parties . HOA.102204516.2 Grants/SHSP 2017/SR Agreeme nts/ Page 24 174 IN WITNESS WHEREOF, the Subrecipient and County of Los Angeles have caused this Agreement to be executed by thei r duly authorized representatives. COUNTY OF LOS ANGELES BY -------------------------------=-~-----------------SACHI A. HAMAl Date Chief Executive Officer BY -c=E_LI_A~ZA~V~ALA~------------ BY J~O~H-N~N~A~IM~O~---------- Executive Officer, Board of Supervisors APPROVED AS TO FORM MARY C. WICKHAM County Counsel BY ____________________ _ Senior Deputy County Counsel Aud it or -Controller BY ____________________________________________ __ City Representative/Title (Signatu re) (Print Name) APPROVED ASTOFORM BY ____________________________________________ __ City Attorney (Sig nature) (Pr int N ame) ATTEST BY ________________________________________ __ City Clerk (Signature) (Pr int N ame) HOA.102204516.2 Grants/SHSP 2017/SR Agr eeme nts/ Date Date Date Pag e 25 Suja Lowenthal Michael Jenkins Elaine Doerfling 175 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G EXHIBITS Certification and Disclosure Regarding Lobbying Certification Regarding Debarment, Suspension , Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions Certification Regarding Drug-Free Workp lace Certification of Grant Assurances Final Grant Award Letter and Project Worksheet(s) 2017 Notice of Funding Opportunity Reimbursement Form and Instructions HO A.102204516.2 HOA.I02204516 .1 176 Cal O ES 2-232 Approved by OM B 034 8-0046 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity , whether sub-awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action , or a material change to a previous filing, pursuant to Title 31 U.S. C. Section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency , a Member of Congress, an officer or employee of Congress , or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information . 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of th is report. If this is a follow-up report caused by a material change to the information previously reported , enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action . 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be , a prime or sub-award recipient. Identify the tier of the subawardee , e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee ," then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known . 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation , United States Coast Guard. 7 . Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans , and loan commitments_ 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g ., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; sub-grant announcement number; the contract, subgrant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e _g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency , enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. Disclosure of Lobbying Activities-Cal OES 2-232 (Revised 7/8/2 013) 177 Cal OES 2-232 Approved by OMB 0348-0046 10. (a .) Enter the full name, address , city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b.) Enter the full names of the individual(s) performing services , and include full address if different from 10 (a). Enter Last Name , First Name, and Middle Initial (MI). 11 . Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report , enter the cumulative amount of payment made or planned to be made. 12 . Check the appropriate box(es). Check all boxes that apply. If payment is made through an in- kind contribution , specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply . If other, specify nature . 14. Provide a specific and detailed description of the services that the lobbyist has performed , or will be expected to perform , and the date(s) of any services rendered . Include all preparatory and related activity , not just time spent in actual contact with Federal officials . Identify the Federal official(s) or employee(s) contacted or the officer(s}, employee(s), or Member(s) of Congress that were contacted. 15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached . 16 . The certifying official shall sign and date the form, print his/her name, title , and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions , searching existing data sources, gathering and maintaining the data needed , and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden , to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington , D.C. 20503 . Di sclo su re of Lobbying Activities -Cal OES 2-232 (Re vi sed 7/8/2013) 178 DISCLOSURE OF LOBBYING ACTIVITIES EXHIBIT A Cal OES 2-232 Approved by OMB 0348-0046 C I omp ete this form to disclose lobbvinQ activities pursuant to 31 U.S.C . 1352 1. Type of Federal Action : 2. Status of Federal Action: 3. Report Type : D a. contract D a. bid/offer/application Oa. initial filing b. grant b. initial award b. materia l change c. cooperative agreement c . post-award For Material Change Only: d. loan e. loan guarantee Year Quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity : 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier, If known: Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicab le : 8. Federal Action Number, if known: 9. Award Amount, if known: 10. a. Name and Address of Lobbying Entity b . Individuals Performing Services (if individual, last nam e, fi rs t name , Ml ): (last name , fir st name , Ml-include address if different from 10a) (a ttach Contin uation Sheet(s) SF-LLL-A, if necessary) 11 . Amount of Payment (check all that apply) : 13. Type of Payment (check all that apply): Actual Planned a. reta iner - 12. Form of Payment (check all that apply): b. one-time fee a. cash c . commission b. in-kind ; specify : d. contingent fee e . deferred nature value f. other ; specify : 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated in item 11 : (attach Continuation Sheet(s) SF-LLL-A, if necessary) 15. Continuation Sheet(s) SF -LLL-A attached: • Yes No 16. Inform ation requested through this form is authorized by Title 31 U.S. C. Se ction 1352. Signature : Th is disclosure of lobbying activities is a material representati on of fact upon which Name : relian ce was placed by the tier above when this tra nsaction was made or entered into . Title : This disclosure is requi red pursuant to 31 U.S. C. 1352. This information wi ll be reported to the Congress semi-annually and wi ll be ava ilable for publ ic inspection. Any Te lephon e: perso n who fai ls to fi le the required disclosure sha ll be subje ct to a c ivil penalty of not (area code) les s than $10 ,000 and not more tha n $100,000 for ea ch su ch failure . Date : Federal Use Only: Authorized for Local Reproduction Standard Form -LLL Dis cl os ure of Lobbyin g Activit ies-Ca l OE S 2-232 (R evised 7/8/20 13) Not Applicable 179 DISCLOSURE OF LOBBYING ACTIVITIES CONCONTINUATION SHEET Continuation of 10 a-b: additional sheets may be added if necessary Reporting Entity: Last Name F irst Name Address City Last Name First Name Address City Last Name First Name Address City Last Name First Name Address City Continuation of 14: (additional sheets may be added if necessary) Brie f Description of Services and Payments indicated in item 11 : Authorized for Local Reproduction Standard Form -LLL-A Disclosure of L obbyi ng Activities-Cal OES 2-232 (Revised 7/8/2013) Approved by OM B 0348-0046 Ml Zip Ml Zip Ml Zip Ml Zip 180 EXHIBIT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS This certification is required by the regulations Implementing Executive Order 12549, Debarment and Suspension, 24 CFR Part 24 Section 24.510, Participants' responsibilities. (READ ATTACHED INSTRUCTIONS FOR CERTIFICATION BEFORE COMPLETING) 1. The prospective recipient of Federal assistance funds certifies that neither it nor its princi pals are presently debarred, suspended, proposed for debarment, declared inelig ible, or voluntarily excluded from participation in this transact ion by any Federal department or agency. 2. Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal . AGREEME NT NUMBE R CONTRACTOR/BORROWER/AGENCY NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE City of Hermosa Beach Suja Lowenthal, City Manager 181 INSTRUCTIONS FOR CERTIFICATION · 1. By signing and submitting this document, the prospective recipient of Federal assistance Is providing the certification as set out below. 2. The certlflcatlon In this clause Is a material representation of fact upo n which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, In addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this agreement Is entered, If at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction." "debarred," "suspended,• "Ineligible,• "lower tier covered transactlon,D "participant," "person," • primary covered transaction,• 'principal," ''proposal," and "voluntarily excluded," as used In this clause, have the meanings set out in the Definitions and Coverage sections of rules Implementing Executive Order 12549. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be enterecllnto, It shall not knowingly enter Into any lowe r tier covered transaction with a person who Is debarred, suspended, declared Ineligible, or voluntarily excluded from participation on this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will Include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions, • without modification, In all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant In a covered transaction may rely upon a certification of a prospective participant In a lower tier covered transaction, unless It knows that the certification Is erroneous. A participant may decide the method and frequency by which It determines the eligibility of Its principals . Each participant may, but Is not required to, check the List of Parties Excluded from Procurement or Non Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render In good faith the certification required by this clause. The knowledge and information of a participant Is not required to exceed that which Is normally possessed by a prudent person In the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these Instructions, if a participant In a covered transaction knowingly enters Into a lower tier covered transaction with a person who Is suspended, debarred, Ineligible, or voluntary excluded form participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, Including suspension and/or debarment. 182 STATE OF CALIFORNIA DRUG-FREE WORKPLACE CERTIFICATION STD . 21 COMPANY/ORGANIZATION NAME : EXHIBIT C The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace . The above-named contractor or recipient will : 1. Publish a statement notifying employees that unlawful manufacture , distribution , dispensation , possession , or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations , as required by Government Code Section 8355(a). 2 . Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following : (a) The dangers of drug abuse in the workplace, (b) The person's or organization 's policy of maintaining a drug-free workplace , (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations. 3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed co ntract or subgrant: (a) Will receive a copy of the company's drug-free policy statement, and (b) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or subgrant. CERTIFICATION I, the official named below, hereby swear that I am duly authorized lega lly to bind the contractor or Recipient to the above des cribed certifica tion . I am fully aware that this certificati on , executed on th e date and in the co unty below , is made under penalty of perjury und er the laws of the State of California. OF FICAL'S NAME DATE EXECUTED EXECUTED IN THE COUNTY OF CONTRACTOR or RECE IPE IN T SIGNATU RE TITLE FEDERA L I.D .NUMBER Drug-Free Workplace Certification STD . 21 (Revi sed 7/2015) City of Hermosa Beach Suja Lowenthal Los Angeles City Manager 183 STATEMENT ON THE DRUG-FREE WORKPLACE To comply with the enactment of Senate Bill1120, (Chapter 1170, Statutes of 1990), which established the Drug-Free Workplace Act of 1990, the (yo ur ag ency) accordingly provides this statement of compliance. In order to maintain funding eligibility, state agencies, along with those in receipt of grant and contractual awards, must certify that they provide drug-free workplaces and have issued drug-free workplace statements to their employees [Section 8355(a) of the Government Code]. Consequently, in accordance w ith this directive , this statement is issued to meet this requirement. The (your agency), an agency within the State of Californ ia has adopted this statement in compliance with legislation which addresses issues to avoid the dangers arising from drug and alcohol abuse in the workplace. These dangers include death and injury to the employee , co-workers, or the public resulting from accidents , dereliction of duty, poor judgment and carelessness. Substance abuse also results in lost productivity, reduced efficiency , and increased absenteeism by the substance abuser and interferes with the job performance of employees who do not use illegal or unauthorized substances. [Section 8355(b)(1)] California law prohibits the unlawful manufacture, dispensation, possession , or illegal use of a controlled substance. That prohibition extends to all places and includes the worksite of California state employees . [Section 8355(a)] Employees convicted of a violation of criminal drug statute , when the violation occurred at an employee's ·worksite, shall report the conviction to the granting and monitoring State agency upon conviction . [Section 8356( a) ( 1) (2)] In the event of the unlawful manufacture, distribution, dispensation , possession or illegal use of a controlled substance at a State worksite, the State may take disciplinary action pursuant to the law and/or require the satisfactory completion of a drug abuse assistance or rehabilitation program . [Section 8355(b)(4)] The Employee Assistance Program (EAP) provides drug problem assessment and referral to appropriate counseling and rehabilitation services. The EAP is available to all agency employees. Procedures exist to ensure the confidentiality of EAP records. Contact your personnel office for further information. It is the intent of the (your ag ency) to ensure by execution of this statement of compliance that each employee shall abide by the terms of this drug-free workplace statement. [Section 8355(c)] Drug-Free Workplace Certification STD . 21 (Revised 7/2015) City of Hermosa Beach City of Hermosa Beach City of Hermosa Beach 184 EXHIBITD CalOES GOVERNOR 'S OHI Cl: OF EMERGENCY SERVICES Standard Assurances For All Cal OES Federal Grant Programs As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional , managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure pr oper planning, management and completion of the proj ect described in this application, within prescribed timelines. I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the: (a) Applicable Federal Regulations (see below); (b) Fede ral Program Notice of Funding Opportunity (N OFO ); (c) California Supplement to the NOFO; and (d) Federal and State Grant Prog ram Guidelines. Federal Regulations Gove rnm ent cost pri nciples, uniform ad min istrative requirements and a udit requirements fo r federal grant programs are set forth in Title 2, Part 200 of the Code of Fed eral Regulations (C .F .R.).Updates a re issued by the Offi ce of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/. Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following: 1. Proof of Authority Th e Applicant will obtain written authorization f rom the ci ty cou nci l , governi ng board or autho ri zed body in supp ort of this project. This written authori zation mu st specify that the Applicant and the city cou nci l, governing boa rd , or authorized body agree : (a) To provide a ll matching funds req uired for the grant project a nd that any cash match will be appropriated as required . (b) Any li abi lity arisi ng out of the performance of this agreement sha ll be the responsibility of the Applicant and the city co un ci l, governing board or authorized body. (c) G rant funds s hall not be used to sup plant expe nditures co ntrolled by the city co un c il , governing board or aut horized body; and (d) T he officia l executing th is agreement is, in fact, autho ri zed to do so. This Proof of Authority must be ma inta in ed on file and readily avai lab le upon request. Homeland Sec urity Grant Program -2017 Grant Ass uranc es Page 1 of 11 Ini t ials 185 2. Period of Performance The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the United States Code (U .S.C.), for persons entering into a contract, grant, loan or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan , the Applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension , continuation, renewal, amendment , or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempt ing to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement , the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and §§7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Finally, the Applicant agrees that federal funds will not be used , directly or indirectly, to support the enactment, repeal , modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency. 4. Debarment and Suspension As required by Executive Orders 12549 and 12689, and 2 C.F.R. §200 .212 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste , fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principal, subgantees, recipients or subrecipients: Hom eland Se curity Gr ant Program -2017 Grant Ass urances Page 2 of 11 Initial s 186 (a) Are not presently debarred , suspended , proposed for debarment, declared ineligible , or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civi l judgment rendered against them for commission of fraud or a criminal offense in connect ion with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction ; violation of federal or state antitrust statutes or commission of embezzlement , theft, forgery, bribery, falsification or destruction of records , making false statements , or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state , or local) with commission of any of the offenses enumerated in paragraph (2}{b) of this certification ; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local} terminated for cause or default. Where the Applicant is unable to certify to any of the statements in this certification , he or she shall attach an explanation to this applicat ion . 5. Non-Discrimination and Equal Employment Opportunity The Applicant will comply with all federal statutes relating to non-discrimination . These include, but are not limited to, the following : (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C . §2000d et. seq.) which prohibits discrimination on the basis of race , color, or national origin and requires that recipients of fede ral financial ass istance take reasonable steps to provide meaningful access to persons with limited Englis h proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendment s of 1972, (20 U.S .C. §§1681-1683, and 1685-1686), which proh ibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Re hab ilitation Act of 1973, (29 U.S.C . §794), which prohibits discrimination against those wi th disabilities or access and functional needs ; (d) Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability and requires build ings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. §§ 12101-12213.); (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 ), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S .C. §3601 et se q .), relating to nondiscrimination in t he sa le , rental or financing of housing as implemented by the Department of Housing and Urban De ve lopment at 24 C.F .R. Part 100 . The proh ibition on disabili ty discrimination incl udes t he requirement that new multifamily housing w it h four or more dwelling units-i.e., the public and common use areas and ind ivi dual apartment units Hom ela nd Security Grant Program -2017 Gra nt As surances Page 3 of 11 Initials 187 (all units in buildings with elevators and ground-floor units in buildings without elevators)- be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201 ); ; (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors . who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification , or national origin; (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation , gender identification , or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; U) Cal ifornia Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; (k) DHS policy to ensure the equal treatment of faith-based organizations , under wh ich all applicants and recipients must comply w ith equal treatment policies and requirements contained in 6 C.F .R. Part 19; (I) Any other nondiscrimination provisions in the specific statute(s) under which applicat ion for federal assistance is being made ; and (m)The requ irements of any other nondiscrimination statute(s) which may apply to the application . In addition to the items listed in (a) through (m), the Applicant will comply with California's Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including relig ious dress and grooming practices), se x (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth , or breastfeeding), gender, gender identity, gender expression , sexual orientation, marital status, national origin , ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave , or pregnancy disability leave (Cal ifornia Government Code §§ 12940, 12945, 12945.2), military and veteran status , and/or retal iat ion for protest ing illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions. 6. Drug-Free Workplace As required by the Drug-Free Workplace Act of 1988 (41 U.S.C . §701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act. 7. Environmental Standards The Applicant will comply with state and federal environmental standards, which may be prescribed pursuant to the following, as applicable : (a) California Environmental Quality Act (CEQA) (California Public Resources Code§§ 21000- 21177), to include coordination w ith the city or county planning agency; (b) CEQA Guidelines (Californ ia Code of Regulations , Title 14 , Divis ion 6, Chapter 3 , §§ 15000- 15387); Hom eland Security Grant Program-2017 Grant Assurances Page 4 of 11 Initia ls 188 (c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the Un ited States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources ; (e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance w ith Executive Order 11988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to en ter into contracts for the procurement of goods, materials , or services and each federal agency empowered to extend federal assistance by way of grant, loan , or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974 , (P.L. 93-523); U) The Endangered Species Act of 1973 , (P.L. 93-205); (k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. The Applicant shall not be : 1) in violation of any order or resolut ion promulgated by the State Air Resources Board or an a ir pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the Ca lifornia Water Code for violation of waste discharge requirements or d ischarge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. 8. Audits For subrecipients expending $750 ,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance w ith the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200 , Subpart F Audit Requirements. 9. Access to Records In accordance with 2 C.F .R. §200.336, the Applicant will give the awa rd ing agency , the Comptroller General of the United States and, if appropriate , the state, through any authorized re presentative , access to and the right to exam ine all records , books, papers, or documents rela ted to the awa rd. Homeland Se curity Grant Program-2017 Grant Ass uranc es Page 5 of 11 Initia ls 189 The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organ izational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no recipient shall submit a false claim for payment, reimbursement or advance. 12. Reporting -Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L . 1 09-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F .R. Part 25 Financial Assistance Use of Un iversal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation Information. 13. Whistleblower Protections The Applicant also must comply with statutory requirements for whistle blower protections at 10 U.S .C. § 2409,41 U.S.C. § 4712 , and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and§ 4310. 14. Human Trafficking The Applicant will comply with the requirements of Section 1 06(g) of the Trafficking Victims Protection Act of 2000 , as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect: (2) procuring a commercial sex act during the period of time that the award is in effect: or (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Applicant will comply with the following federal labor standards: (a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts ; and (b ) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 16. Worker's Compensation The Applicant must comply with provisions wh ich require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Homeland Security Grant Progr am-2017 Grant Assu ran ces Page 6 of 11 In itial s 190 Agreement , as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 17. Property-Related If applicable to the type of project funded by this federal award, the Applicant will: (a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P .L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase ; (b) Comply with flood insurance purchase requirements of Section 1 02(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; (c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S .C. § 469a-1 et seq.); and (d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 19. Use of Cellular Device While Driving is Prohibited Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving a motor vehicle while using an electron ic wireless communications de v ice to write, send, or read a text-based communication. Drivers are also proh ibited from th e use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services. Homeland Sec urity Gr ant Progr am -2017 Gr ant Ass uran ces Pag e 7 of 11 In itials 191 20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding und er this program , or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S .C . § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process. HOMELAND SECURITY GRANT PROGRAM -PROGRAM SPECIFIC ASSURANCES I CERTIFICATIONS 21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of dis crimination on any basis the recipient must provide a list of all such proceedings , pending or completed, including outcome and copies of settlement agreements to the DHS Financial Assistance Office and the DHS Office for Civ il Rights and Civil Liberties (CRCL) by e-mail at crcl@hq .dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington , D.C. 20528. If the courts or administrative agencies make a finding of discrimination on grounds of race , color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or the recipients settle a case or matter alleging such discrimination , recipients must forward a copy of the complaint and findings to the DHS Financ ia l Ass is tance Office and the CRCL by e-mail or mail at the addresses listed above. The United States has the right to seek judicial enforcement of these obligations. 22. Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when iss uin g statements, press releases, requests for proposals, bid invitations , and other documents describing projects or programs funded in whole or in part with federal funds. 23. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, perm its, or approvals are obtained. 24. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally ide ntifiable information (PII) as any information that permits the identity of an individual to be directly or ind irectly in ferred , including any information that is linked or linkable to that ind ividua l. All recipients who collect Pll are required to have a publically-available privacy policy that describes standards on the usag e and maintenance of Pll they collect. Re cipients may also Homeland Security Grant Program-2017 Grant Assurances Page 8 of 11 Initials 192 find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively. 25. Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. 26. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F .R. Part 200 , Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions , or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. 27. Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 28. Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. 29. Fly America Act of 1974 All recipients must comply with Preference for U.S . Flag Air Carriers : (air carriers holding certificates under 49 U .S.C. § 411 02) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C . § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31 , 1981, amendment to Comptroller General Decision B-138942 30. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990 , all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a. Homeland Security Grant Program-2017 Grant Ass urances Pag e 9 of 11 In itials 193 31. Non-supplanting Requirements All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources . 32. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 33. SAFECOM All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 34. Terrorist Financing All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. 35 . Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200 , Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. 36. USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C . §§ 175-175c. 37. Use of DHS Seal, Logo, and Flags All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Homeland Secu rity Grant Program -2017 Grant A ss urances Page 10 of 11 Initi als 194 IMPORTANT The purpose of the assurance is to obtain federal a nd state finan c ial assistance , including any a nd all federal and state grants, loans, reimbursement , contracts , etc. The Applicant re c ognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is bind ing on the Applicant , its successors , transferees , assignees , etc. Failure to comply with any of the above assurances may result in suspension , termination, or reduction of grant funds. All appropriate documentation , as outlined above , must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of t he following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requiremen ts as noted above . All of the language contained within this document must be included in the award documents for all subawards at all tiers . All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2017 , Version 7 .0, hereby incorporated by reference, which can be found at: https://www .dhs .gov/publication/fy15-dhs-standard-terms-and-conditions . The undersigned represents that he/she is authorized by the Applicant to enter into this agreement for and on behalf of the said Applicant. Applicant:-------------------------------- Signature of Autho rized Agent:------------------------- Printed Name of Authorized Agent:------------------------ Title:---------------------Date :------------ Ho melan d Se curity Grant Pro gra m -2017 Grant Ass urances Page 11 of 11 In itia ls City of Hermosa Beach Sija Lowenthal City Manager 195 EXHIBIT D COUNTY OF LOS ANGELES 2017 CERTIFICATION OF GRANT ASSURANCES As the duly authorized representative of the Subrecipient , I hereby certify Subrecipient's complete acceptance of Ex hibit 0 , and agreement to abide by all provisions, assurances , conditions and requirements of the Grant Assurances therein . BY ________________________________________ __ City Representative/Title (Signature) (P ri nt Name) Date APPROVED AS TO FORM BY ________________________________________ __ C ity Attorney (Sig na ture) (Print Name) Date ATTEST BY ________________________________________ __ City Clerk (Sign ature) (Pr int Name) Date HOA.l022045 13 .1 Suja Lowenthal, City Manager Michael Jenkins Elaine Doerfling 196 EXHIBIT E ED ML'J D G . BRO WN J R GOVERNOR MARKS. O !fiLARDUCCI D IRECTOR October 20, 2017 Sachi Hamai Chief Executive Oftice Los Angeles County 500 West Temple Street, Room 713 Los Angeles , CA 90012 CalOES GOV£RHOR S OFFICE O F E~E RG E NCY SE RV ICES SUBJECT: NOTIFICATION OF SUBRECIPIENT AWARD APPROVAL Fiscal Year (FY) 2017 Homeland Security Grant Program Grant #2017-0083, Cal OES 10#037-00000 Subrecipient Performance Period: September 1, 20 17, to May 31, 2020 Dear Ms. Hamai: The California Governor's Office of Emergency Services (Cal OES) approved your FY 2017 Homeland Security Grant Program (HSGP) award in the amount of$10,308,294. Once your completed application is received and approved, you may request reimbursement of eligible grant expenditures using the Cal OES Financial Management Forms Workbook available at VAVw.caloes.ca .gov . During the review process, a Cal OES Program Representative will examine and evaluate your FY 2017 HSGP grant application. Throughout the grant cyc le, Cal OES will use performance mi lestones set in the Department of Homeland Security/Federal Emergency Management Agency Grants Reporting Tool (GRT) as indicators of performance and grant management capacity and this information may be used in assessing future competitive grant applications. All activities funded with this award must be completed within the Subrecipient perf01mance period . You are required to comply w ith all applicable federal, state , and local environmental and hisroric preservation (EHP) requirements . Additionally, Aviation/Watercraft requests , Establish/Enhance Emergency Operations Center projects, projects requiring EHP review , and sole source procurement requests and controlled equipment requests require additional approva ls from Cal OES. Subrecipients must obtain written approval for these activities prior to incurring any costs , in order to be reimbmsed for any related costs under this grant. Subrecipients are also required to obtain a performance bond prior to the purchase of any equipment item over $250,000, including any aviation or watercraft financed with homeland security dollars . Performance bonds must be submitted to your Program Representative no later than the time of reimbursem ent. 365 0 SCHRIEVER A VENU E, MATHER, CA 956 55 (916) 845-85 06 TC LEPII ONE, (916) 84~-851 1 f AX 197 Sachi Hamai October 20, 2017 Page 2 of2 Following acceptance of this award, you must enter your grant information into the GRT for the Biannual Strategy Implementation Report (BSIR) period. The GRT can be accessed online at https:/lwww.reporting.odp.dhs.go v/. Your agency must prepare and submit the BSIR to Cal OES via the GRT semi-annually for the duration of the grant performance period or until you complete all activities and the grant is formally closed. Failure to submit required reports could result in grant reduction, suspension, or tem1ination. This grant is subject to all provisions of2 CFR Part 200, Subpart F-Audit Requirements. Any funds received in excess of current needs, approved an10unts, or those found owed as a result of a fmal review or audit, must be refunded to the State within 30 days upon receipt of an invoice from Cal OES. Your dated signature is required on this letter. Please sign and return the original to your Cal OES Program Representative within 20 days of receipt and keep a copy for your files. For furt~er assistance, please feel free to contact your Cal OES Program Representative or the Homeland Security Grants Unit at (916) 845-8186. Sincerely, MARKS. GHILARDUCCI Director ~·Ll.~· S chi ama1 Los Angeles County Date 198 Project# 011 Project# 0 11.20 Project Title LE Interoperable Radios Equi pment Description & (Quantity) Purch ase 9 all- spectrum (UH F/VHF/800/700 MHz) portable radios, 9 programming cables, and 1 multi- r adio battery bank cha rger Funding Source Discipline HSGP-SHSP LE AEL# AEL Title OGCP-0 1-PORT; Radio, Portable; lOPE-Q 1-PCHG Chargers, Phone and Radio Solution Area Totals $ 83,911 Fu nding SAFECOM Consult Source Yes HSGP-SHSP . - City of Hermosa Beach 2017 HSGP Projects Sol ution Area Discip line Sub-Category I nteroperable LE Communication s Equipment Page 1 of 1 Deployable I Part of a Sole So u rce B~dgeted Procurement Hold Tr igger Shareable over $1SOK Involved Cost No Hold Deployable No Yes I ndicated 83,911 199 The U.S. Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2017 Homeland Security Grant Program (HSGP) EXHIBITF NOTE: Eligible recipients who plan to apply for this funding opportunity but who have not obtained a Data U niversal Numbering System (DUNS) number and/or are not currently registered in the System for Award Management (SAM), should take immediate action to obtain a DUNS N umber, if applicable, and then to register immediately in SAM. New registrati on can take an ave rage of7-10 business days to process in SAM. SAM mu st send o ut so me informat ion f or vali datio n with outs ide parties before yo ur registration can be activated ; this includ es Taxpayer Identification N umber (TIN) va lid ati on w ith the Inte rnal Revenu e Se rvice (IRS) a nd Comm ercial a nd Government Ent ity (CAGE) va lidation/assignment with the Department of Defense (DoD). This timefra me may be lo nger if the informati o n you provi de is flagged for manual validati o n by e ither party. If yo u notice your re gis trat ion has had a 'S ubm itte d ' statu s for longer than l 0 business days , a nd yo u have not otherwise been contacted to correct or upd ate in formation, please co ntact the Fe dera l Servi ce Desk at 866-606 -8220 o r http s ://www.fsd .gov . Information on obtaining a DUNS number and registering in SAM is available from G rants .gov at: http://www.Gra nts .gov /we b/grants/re gis ter.ht ml. Detai led information re gardin g D UNS and SAM is a lso provided in Sectio n D of this NOFO, subsection, Content and Form of Application Submiss io n. A. Program Description Issued By U .S . Department of Homeland Security (DHS), Federal Emergency Manageme nt Age ncy (FEMA), Grant Programs Directorate (GPO) Catalog of Federal Domestic Assistance (CFDA) Number 97.067 CFDA Title Homeland Sec urity G rant Program (HSGP) Notice of Funding Opportunity Title Fi scal Year 2017 Homeland Security Grant Pro g ram • State Homeland Security Program (SHS P) • Urban Area Security Initi ative (UASI) • Operation St onegarden (OPSG) NOFO Number DHS-17-GPD-067-00 -01 Authorizing Authority for Program Section 2002 of the Hom eland Security Act of2002, as ame nded (P ub. L. No. 107-296) (6 u.s .c. § 603) Page 1 of 86 FY 20 17 HSGP NOFO 200 Appropriation A uthori ty for Program Department of Homeland Security Appropriations Act, 2017 (Pub. L. No. 115-31) Program Type New Program Overview, Objectives, and Priorities Overview The purpose of the Fiscal Year (FY) 2017 HSGP is to support state, local and tribal efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the sec urity of the United States. References to these priorities can be found throughout this document. The FY 2017 HSGP provides funding to implement investments that enhance terrorism preparedness and serve to build , sustain, and deliver the 32 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization , or community, but rather, require the combined effort of the who le communi tv, inclusive of children, indi viduals with disabilities and others with access and functional needs, diverse communities, and people with limited English proficiency. The FY 2017 HSGP supports the core capabilities across the five mission areas of Prevention, Protection , Mitigation, Response, and Recovery based on allowab le costs . The FY 2017 HSGP will provide federal funds to assist state, local , tribal, and territorial agenc ie s to obtain the resources required to support implementation of the National Preparedness System (NPS) and the Goal of a secure and resilient Nation. Among the five basic homeland sec urity missions noted in the DHS Quadrennial Homeland Security Review, HSGP supports the goal to Strengthen National Preparedness and Resilience. HSGP is comprised of three grant programs: • State Homeland Security Program (SHSP) • Urban Area Security Initiative (UASI) • Operation Stonegarden (OPSG) Together, these grant programs fu nd a range of activities, including planning, organization, equipment purchase, training, exercises, and management and administrati on across all core capabilities and mission areas. Objectives • State Homeland Security Program (SHSP): The SHSP assists state, tribal , territorial, and local preparedness activities that address high-priority preparedness gaps across all core capabilities that support terr orism preparedness. All supported investments are based on capability targets and gaps identified during the Threat and Hazard Identification and Risk Assessment (THIRA) process, and assessed in the State Preparedness Report (SPR). Page 2 of86 FY 20 17 HSGP NOFO 201 • Urban Area Security Initiative (UASI): The UASI program assist s high-threat, hi g h-density U rban Areas in efforts to build, sustain, and d el iv e r the capabilities necessary to prevent, protect against , miti gate, respond to, and recover fro m acts of terrori sm. • Operation Stonegarden (OPSG): The OPSG Program supports e nhanced cooperation and coordination amo ng Customs a nd B orde r Protection (CBP), U nite d States Border Patrol (USBP), and Federal, state, local, tribal, a nd territorial law enforcement agencies. The OPSG Program provides f undin g to support joint efforts t o secure the United States ' borders along ro utes of ingress from inte rnational borders to include travel corrido rs in states bord erin g Mexico and Canada, as well as states a nd territo ries with internati o nal water border s. All three program s are ri sk-driven, capabilities-based and o utline hi gh-priority ne eds re lating to terrorism preparedness. For these programs to be effective, government officials and elected leaders, working w ith the whole c ommunity, must consider how to su stain current capability levels, while also addressing potential gaps . Priorities The Goal define s w hat it means for th e whole community to be prepared fo r all types of di sasters and emergencies . The NPS is the instrument the Nation e mpl oys to build, s ustain, and deliver core capabilities in o rder to achieve the Goal of a secure and resilient Nation. Co mplex and far-reaching threats and hazard s require a co llaborative a nd w hole co mmuni ty approach to natio nal pre paredness that e ngages individuals, fami lie s, communities, private and nonprofit sect ors, faith-b ased organizatio ns, and all levels of gove rnme nt. The g uidance, programs, process es, and systems that support each component of the NPS allows for the integration of preparedness efforts that build , s ustain , and deliver core capabi liti es and achieve the desired o utc omes identified in the Goal. DHS/FEMA publi shes the annual Natio nal Preparedness Report (NPR) to communicate progress in building, susta inin g, and delivering the core capabilities o utlined in the Goal. This analysis provi des a Nati o nal perspective o n critical preparedness trends for whole community partners t o use to inform progra m prioritie s, all ocate re sources, and communicate with stakeholders about issues of shared concern . The N PR can be found at http://www.fema.gov/nationa l-preparedness-report. In developing app li cations for the FY 2017 HSGP, recipien ts sho uld consider funding projects that address core capability ga ps within the NPR national areas for improvement that relate to terrorism pre paredness, includ ing : • Cyberse curity; • Infrastructure Systems; • Economic Recovery; • Hous ing ; and • Natural and C ultura l Re so urces. Page 3 of86 FY 2017 HSGP N OFO 202 In addition, DHS/FEMA requires recipients to prioritize investments that address capability targets and gaps identified through the annual THIRA and SPR process. These assessments set capability targe t s and measure current ability to meet those target s . Minimum funding amounts are not prescribed by the DHS for these capability targets and gaps; however, recipients must sup port state, local, tribal, regi onal, and nati o nal efforts in achieving the desired outcomes of these priorities. Grant funds mu st clearly support re so urces the recipients need to achieve the THIRA targets and close capability gaps. Appendix B-Program Priorities addresses additional areas where fundin g can be applied to strengthen preparedness efforts. B. Federal Award Information Award Amounts, Important Dates, and Extensions Available Funding for the HSGP NOFO: $1,037,000,000 For detail s on program-s pecific funding am o unts, refer to Appe n dix A-F Y 20 17 Pro Qr a m A ll ocati on s . Period of Performance: Thirty-six (36) months Extensions to the Period of Perfor m ance (Po P) are a ll owed. For additi o na l information on P oP extensions, refer to Sectio n H -Additi ona l Informati on of this NOFO. Projected Period of Performance Start Date: September I, 20 17 Projected Period of Performance End Date: August 3 1, 2020 Funding Instrument: Grant Page 4 of86 FY 20 17 HSGP NOFO 203 C. Eligibility Information Eligible Applicants All 56 states and territories, which includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico , the U.S. Virgin Island s, Guam, American Samoa, and the Commonwealth of the Northern Mariana Is lands, are eligible to apply for SHSP funds. For those states that are eligible for UASI and OPSG funding, the State Administrative Agency (SAA) is the only entity eligible to submit applications to DHS/FEMA on behalf ofUASI and OPSG applicants. A list of eligible UASis and OPSG States can be found in Appendix A . Tribal governments may not apply directly for HSGP funding; however, funding may be available to tribes under the SHSP and OPSG through the SAA. Eligibility Criteria Eligible high-risk Urban Areas for the FY 2017 UASI program have been determined through an analysis of relative risk of terrorism faced by the 100 most populous Metropolitan Statistical Areas (MSAs) in the U nited States. Sub-awards will be made by the SAA to the designated Urban Areas identified in Appendix A-FY 2017 Program Allocations. Eligible sub-recipients under the FY 2017 OPSG Program are local units of government at the county level o r equivalent level of government and Federally-recognized tribal governments in states bordering Canada or Mexico and states an d territories with international water borders. All applicants must have active o ngoing USBP operations coordinated through a CBP sector office to be eligible for OPSG funding. Under the FY 2017 OPSG Program , subrecipients eligible to app ly for and receive a s ubaward directly from the SAA a re divided into three Tiers. Tier 1 entities are local units of government at the county level or equivalent and Federally-recognized tribal governments that are on a physical border in states bordering Canada, states bordering Mexico, and states an d territories with international water borders. Tier 2 eligible subrecipients are those not located o n the physical border or international water but are contiguous to a Tier I county. Tier 3 eligible subrecipients are those not located on the physical border or international water but are contiguous to a Tier 2 eligible subrecipient. Tier 2 and Tier 3 eligible subrecipients may be eligible to receive funding based on border security risk as determined by the US BP, as described in Section E of t he NOFO. Other Eligibility Criteria National Incident Management System (NIMS) Implementation Prior to allocation of any Federal preparedness awards in FY 2017 , recipients must ensure and maintain adoption and implementation ofNIMS. FEMA describes the specific training and activities involved in NIMS implementati on in the N IMS Training Program (https://www.fema.gov/training-O) and the NIMS Implementation Objectives (https://www.fema.gov/impleme ntati o n-guidance-a nd-report ing). Page 5 of86 FY 2017 HSGP NOFO 204 Incident management activities require carefully managed resources (personnel , team s, facilities , equipment and/or supplies). Utilization of the standardized resource management concepts such as typing, credentialing, and inventorying promote a strong national mutual aid capability needed to support delivery of core capabi lit ies. Recipients shou ld manage resources purchased or supported with FEMA grant funding according to NIMS resource management guidance. In addition, Comprehensive Preparedness Guide (CPG) 20 l: Threat and Hazard Identification and Risk Assessment Guide, Second Edition, available at http://www.fema.gov/threat-and-h azard-identification-and-risk- assessment, emphasizes how communities can use THIRA results to make decisions abo ut how to allocate limited resources. Additional information on resource management and NIMS resource typing definitions and job titles/position qualifications is on DHS/FEMA 's website under http ://www.fema.gov /resource-management-mutual-aid. Emergency Management Assistance Compact (EMAC) Membership In support of the Goal, recipients must belong to , be located in, or act as a temporary member ofEMAC, except for American Samoa and the Commonwealth of the Northern Mariana Islands, which are not required to belong to EMAC at this time. All assets supported in part or entirely with FY 2017 HSGP funding must be readily deplo yable and NIMS typed when possible to support emergency or disaster operations per existing EMAC agreements. In addition, funding may be used for the sustainment of core capabilities that, while they may not be physically deployable, support national response capabilities such as Geographic/Geospatial Information Systems (GIS), interoperable communications systems, capabi liti es as defined under the mitigation mission area of the Goal, and fusion centers. Law Enforcement Terrorism Prevention Activities (LETPA) Per section 2006 of the Homeland Security Act of2002, as amended (6 U.S .C. § 607), DHS/FEMA is required to ensure that at least 25 percent (25%) of grant funding appropriated for grants awarded under HSGP's authorizin g statute are used for law enforcement terrorism prevention activities. DHS/FEMA meets this requirement, in part, by requiring all SHSP and UASI recipients to ensure that at least 25 percent (25%) of the combin ed HSGP funds allocated under SHSP and UASI are dedicated towards law enforcement terrorism prevention activities, as defined in 6 U.S .C. § 607. The LETPA allocation can be from SHSP, UASI, or both. This requirement does not include award funds from OPSG. Please refer to Appendix A-FY 20 17 Program Allocations for LETPA minimum allocations for SHSP a nd UASI by jurisdiction. The 25 percent (25%) LETPA allocation is in addition to the 80 percent (80%) pass through requirement to local units of government and Tribes , referenced below. The National Prevention Framework describes those activities that should be executed upon the di scovery of intelligence or in formation regarding an imminent threat to the homeland, in order to thwart an initial or fo ll ow o n terrorist attack, and provides guidance to e nsure the Nation is prepared to prevent, avoid, or stop a threatened or actual act of terrorism. Activities outlined in the National Prevention Framework are eligib le for use Page 6 of86 FY 2017 HSGP NOFO 205 as LETPA focused funds. In addition , where capabilities are shared with the protection mission area, the National Protection Framework activities are also eligible. Other terrorism prevention activities proposed for funding under LETPA must be approved by the FEMA Administrator. Cost Share or Match There is no cost share or match requirement for the FY 2017 HSGP. D. Application and Submission Information Key Dates and Times Date Posted to Gra nts.gov: June 2, 2017 Application Submission Deadline: June 22, 2017, 5:00p.m. EDT All applications must be received by the established deadline . The Non-Disaster (NO) Grants System has a date stamp that indicates when an application is submitted. Applicants will receive an electronic message confirming receipt of the full application. In general, DHS/FEMA will not review applications that are not received by the deadline or consider them for funding . DHS/FEMA may, however, extend the application deadline on request for any applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may include technical problems outside of the applicant's control that prevent submission of the application by the deadline, or other exigent or emergency circumstances. If there are technical issues , please notify the respective FEMA Headquarters (HQ) Program Analyst before the application deadline . Applicants should contact the Centralized Scheduling and Information Desk (CSID) for FEMA HQ Program Analyst contact information. CSID can be reached by phone at (800) 368-6498 or by e-mail at as kc s id @dh s.gov , Monday through Friday, 9:00a.m.-5:00p.m. EDT. Anticipated Funding Selection Date: September 1, 2017 Anticipated Award Date: No later than September 30, 2017 Address to Request Application Package Application forms and instructions are available at Grant s.gov (hard copies of the NOFO and associated application materials are not available). To access these materials, go to Grants .gov , select "Applicants" then "Apply for Grants." In order to obtain the application package, select "Download a Grant Application Package." Enter the CFDA and/or the funding opportunity number located on the cover of this NOFO , select "Download Package," and then follow the prompts to download the application package. Applicants experiencing difficulties accessing information or who have any questions, should call the Grant s.gov customer support hotline at (800) 518-4726 . Page 7 of86 FY 2017 HSGP NOFO 206 In addition, the Telephone Device for the Deaf (TDD) and/or Federal Information Relay Service (FIRS) number available for this Notice is : (8 00) 462-7585 . Applications will be processed through the Grants.gov portal and DHS/FEMA's ND Grants System. Content and Form of Application Submission Applying for an award under thi s program is a multi-step process. To ensure that an application is submitted on time a pplicants are advised to start the required steps well in advance of their submission. Failure of an applicant to comply with any of the required ste ps before the application deadline may di squalify their application from funding. The steps involved in applying for an award under this program are: 1. Applying for, updating, o r verifying their Data Universal Numbering System (DUNS) Number; 2. Applying for, updating, or verifying their Employer ID Number (EIN); 3. Updating or verifying the ir System for Award Management (SAM) Registration; 4. Establi s hing an Authorized Organizational Repre sentative (AOR) in Grants.gov; 5. Submitting an initial application in Grants.gov; and 6 . Submitting the final application in the ND Grants syste m. Each ofthe required steps associated with the application proces s are explained in the sections below. Unique Entity Identifier and System for Award Management (SAM) Before applying for a DHS/FEMA grant at Grants.gov, applicants must have a DUNS number, be registered in SAM, and be approved as a n AOR. The steps for completing these pre-application processes are o utlined below. NOTE: Applicants are encouraged to register early. The pre-application registration processes can take four weeks or more to complete. Therefore, registration should be done in sufficient time to ensure it does not impact the applicant's ability to meet required submission deadlines. Obtain a Dun and Bradstreet Data Universal Numbering System (DUNS) Number The DUNS number must be included in the data entry field labeled "Organizational DUNS" on the SF-424 form. In s tructi o ns for obtaining a DUNS number can be found at the following website: http://www.Grants .gov //web/grants/a pplicants/organi zati on- rcgistrati o n/step-1-o btai n-d uns-num be r .html. The applicant must provide a DUNS number with their application. This number is a required field for all subsequent steps in the application submission. Applicants should verify they have a DUNS number, or take the steps necessary to o btain one. Applicants can receive a DUNS number at no cost by calling the DUNS number request line at 866- Page 8 of86 FY 2017 HSGP NOFO 207 705-5711. DHSIFEMA cannot assist applicants with questions related to obtaining a current DUNS number. Obtain an Employer Identification Number (EIN) DHS/FEMA requires both the EIN and a DUNS number prior to the issuance of a financial assistance award and for grant award payment; both EIN and DUNS are also required to register with SAM (see below). The EIN base for an organization is the Internal Revenue Service (IRS) Tax ID number, for individuals it is their social security number, (both the EIN and social security number are nine-digit numbers). Organizations and individuals submitting their applications must correctly differentiate the EIN from the DUNS number since both are nine-digit numbers. If these numbers are not correctly identified in the application, a delay in the issuance of the funding award or incorrect payment to a recipient organization may result. Organizations applying for an E IN should plan on a minimum of two full weeks to obtain an EIN. For assistance in registering an EIN please contact the IRS helpline. DHSIFEMA cannot assist applicants with questions related to obtaining a current EIN. Register with the System for Award Management (SAM) Applicants applying for grant funds electronically through Grants .go v must register with SAM. Step-by-step instructions for registering with SAM can be found here: http://www.Grants .gov/web/grants/applicants/o rgani zatio n-regi stration/step-2 -regis ter- w ith-sam.html. A ll applicants must register with SAM in order to apply online. Failure to register with the SAM will result in the application being rejected by Grants.gov during the submissions process. Payment under any DHS/FEMA award is contingent on the recipient's having a current SAM registration. The SAM registration process must be completed by the applicant. It is imperative that the information provided by the applicant is correct and current. Please ensure that the organization's name, address, DUNS number, and EIN are up to date in SAM and that the DUNS number used in SAM is the same one used to apply for all other DHS/FEMA awards. SAM registration is a multi-step process including validating the EIN with the IRS to obtain a Commercial and Government Entity (CAGE) code. The CAGE code is only valid for one year after issuance and must be current at the time of application. SAM sends notifications to the registered user via email 60, 30, and 15 days prior to expiration of the SAM registration for the Entity. SAM registration may lapse due to inactivity. To update or renew the Entity records(s) in SAM applicants will need to create a SAM User Account and link it to the migrated Entity records. For assistance registering, please go to SAM or call 866-606-8220. DHSIFEMA cannot assist applicants with questions related to registering in SAM or obtaining a current CAGE code. Page 9 of86 FY 2017 HSGP NOFO 208 Authorized Organizational Representative (AOR) The next step in the registration process is creating a username and password with G ran ts.go v to become an AOR. AORs will need to know the DUNS number of the organization for which they will be submitting applications to complete thi s process. Applicants must regi ster the individual who is able to make legally binding commitments for the applicant organization as the AOR; this step is often missed and it is crucial for valid submissions. To read m ore detailed instructions f o r creating a profile on G ra nts.gov visit: http ://www.G rant s.gov/we b/gra nts/applicants/o rg a ni zat io n- regist ration/st e p-3-userna me-pass wo rd.html . AOR Authorization After creating a profile on Grants .gov, theE-Biz Point of Contact (POC) who is a representative from the applicant organization li sted as the contact for SAM, will receive an email to grant the AOR permission to submit applications on behalf of the organization. TheE-Biz POC will then log in to Gr ants .gov and approve an individual as the AOR, thereby granting permi s sion to submit applications. To learn more about AOR Authorization, visit: http://www.G ra nts .gov/w eb/grants/applica nt s/o rga ni zati o n- regis tratio n/step -4-a o r-a ut ho r iz a tio n.html. To track an AOR status, vi s it: http ://www .G rants .gov/web/gra nt s/a pplica nts/o rgani zati on-reg istrati o n/ste p-5-track-aor- statu s .h t m I. Electronic Signature Applications submitted through Grants .gov constitute an electronicall y signed application . When submitting the application through Grants.gov, the name of the applicant's AOR will be in serted into the s ignature line of the application. Applicants experiencing difficulties access ing informatio n or who have questions should call the G ran ts .gov customer support hotline at (800) 518-4726 or email Grants.gov at ma ilt o :s u pport @ G rants .gov . The Federal awarding agency may not make a Federal award to an applicant until the applicant has complied with all applicable DUNS and SAM requirements and, if an applicant has not fully complied with the requirements by the time the Federal awarding agency is ready to make a Federal award, the Federal awarding agency may determine that the a pplicant is not qualified to receive a Federal award. Submitting an Initial Application in Grants.gov Following completion of the procedures above, all applicants must submit their initial applicatio n through G rants.gov. Applicants may need to first create a G rant s .gov user profile by vi s iting the Get Registered section of the G rants .gov website. Successful completion of this step is necessary for DHS/FE MA to determine eligibility of the applicant. Applicants should complete this initial step o n-line which requires completing: • Standard Form 424 (SF-424), Applicatio n fo r Federal Ass istance, and • G rants .gov Certification Regarding Lobbying Form. Page 10 of 86 FY 2017 HSGP NOFO 209 Both forms are available in the Forms tab under SF-424 Family. The initial application cannot be started or submitted in Grants.go v unless the applicant's registration in SAM is confirmed. The information submitted in Grants.gov will be retrieved by NO Grants, which will allow DHS/FEMA to determine if an applicant is eligible. Applicants are encouraged to submit their initial application in Grants.gov at least ten days before the June 22, 2017, application deadline. Applicants experiencing difficulties accessing informati on sho uld call the Grants .gov customer support hot line at 800-518-4 726 or email Gra nts .gov at support@ grants.gov. DHSIFEMA cannot assist applicants with questions related to registering with Gra nts .gov. Submitting the Final Application in ND Grants After submitting the initial application in Grants .gov, eligible applicants will be notified by DHS/FEMA after the initial application is submitted in Grants.gov and asked to proceed with submitting their complete application pac kage in N O Grants. Applicants can regi ster early with ND Grants and are e ncouraged to begin their NO Grants registration at the time of thi s announcement. Earl y registrati on will a ll ow applicants to have adequate time to start and complete their application. In NO Grants applicants will be prompted to s ubmit all of th e information contained in the fo ll owi ng forms . Applicants sho uld review these forms before applying to ensure they have all the information required: • Standard Form 424A, Budget Information (Non-construction); • Standard Form 424B , Standard Assurances (Non-construction); a nd • Standard Form LLL, Disclosure of Lobbying Activities. In add iti o n , applicants mu st subm it copies of the following in N O Grants: • Investment Ju stificati on ; a nd • Indirect Cost Agreement, if applicable . Applicants must s ubmit copies of the following in NO Grants, if appl ying for construction projects: • Standard Form 424C, Budget Information (Construction); a nd • Standard Form 4240, Standard Assurances (Constru ction). Applicants ne ed ing assistance registering for the ND Grants system s hould contact nd grants@fema.g ov or (800) 865-4076. P age 11 of 86 FY 2017 HSGP NOFO 210 HSGP Specific Application Instructions Development of the Investment Justification (SHSP and UASI) As part of the FY 2017 HSGP application process for SHSP and UASI funds , applicants must develop formal investment justifications (IJs) that address the proposed investments. Each IJ must demonstrate how proposed investments: • Support terrorism preparedness; • Address capability gaps identified as State priorities in the most recent SPR (applicable to states only); • Align resources that s upport targets set in the Urban Area, state, and/or regional THIRAs and national priorities, as outlined in the NPR; and • Engage and/or impact the whole community, including children, older adults, pregnant women, individuals with limited English proficiency, individuals with disabilities and others with access and functional needs, and ensure the protection of civ il rights in the building, s ustainment, and delivery of core capabilities. Each IJ must explain how the proposed investments will s upport the applicant's efforts to: • Prevent a th reatened or an actual act of terrorism; • Prepare for all hazards and threats, while explaining the nexus to terrorism preparedness; • Protect citizens, residents, visitors, a nd assets against the greatest threats and hazards, re lating to acts of terrorism; and/or • Respond quickly to save lives, protect property and the environment, and meet basic human needs in the aftermath of an act of terrorism or other catastrophic incident. Alignment of Proposed Investments to the TillRA (SHSP and UASI) As noted above, investments and projects must clearly address capability targets identified in the THIRA and gaps noted in the SPR. When completing investment level information, applicants must identify the most relevant portions of their THIRA, SPR (States only) and Capability Estimation and exp lain how the proposed investment will address at least one of the id entified capability gaps. The app licant should use page numbers and reference specific sections of the THIRA. Development of Investments and Projects (SHSP) • Applicants must propose at least one and include up to 10 investments. • Applicants mu st propose at least one project within each investment in their IJ to describe the activities they wo uld plan to implement with SHSP funds. There is no limit to the number of projects that may be submitted. • Any projects funded with SHSP funds that are not included in the application must subsequently be included in the first Biannual Strategy Implementation Page 12 of86 FY 20 17 HSGP NOFO 211 Report (BSIR). For further informati o n on the BSIR, refer to Section F , subsection Pro gr am Performa nce Repot1ing Requirements of this NOFO. • Ofthe proposed investments, recipients us ing SHSP funds are required to propose one ( l) si ngle investment in support of a designated fusion center that will be funded by SHSP funds. Recipients must coordinate with the fusion center w hen developing a fusion center investment prior to submiss ion. • Recipients investing in emergency communications must describe how activities align to their Statewide Communication Interoperable Plan (SCIP). Recipients must coordinate with their Statewide Interoperability Coordinator (SWIC) a nd/or Statewide lnteropera bility Governance Body (SIGB) when developing an emergency communications investment prior to submission to ensure the project s upports the statewide strategy to improve emergency communications and is compatible and intero perable with s urrounding systems. Development of Investments and Projects (UASI) • Applicants must propose at least one and include up to l 0 investments. • Urban Areas must propose at least one project within each investment in their IJ to describe the activities they are planning to implement with UASI funds . There is no limit to the number of projects that may be s ubmitted . Any projects funded with UASI funds that a re not included in the application must subsequently be included in the first BSIR. • Of the proposed l 0 investments, Urban Areas are required to propose one (1) single inve stment in support of a desi gnated fusion center within the Urban Area, if applicable. Recipients must coordinate with the fusion center when developing a fusion center investment prior to s ubmission. • If UASI funds are used by the SAA in support of the Urban Area, the SAA must, as part of the list of proposed investments, descri be how UAS I funds will be used by the SAA to directly s upport the U rban Area. • Recipients investing in emergency communications mus t describe how activities align to the SCIP. Recipients must coordinate with the SWIC and/or SIGB when developing an emergency communications investment prior to s ubmi ss ion to ensure the project s upports the statewide strategy t o improve emergency communications and is compatible and interoperable with surrounding systems. Completing IJs in the Grant Reporting Tool (GRT) (SHSP and UASI) The IJ Planning Guide contains the IJ template and instructions for collecting the required information for investments and projects. A tillable version of the IJ template can be o btained from the FEMA HQ Program Analyst. Applicants should contact the Centralized Scheduling and Informati o n Desk (CSID) for FEMA HQ Program Analyst contact information. CSID can be reached by pho ne at 800-368-6498 or by e-mail at askcsid@dhs.gov, Monday through Friday, 9:00a.m.-5:00p.m. E DT. Additionally, applicants should utili ze the Project Worksheet to assemble the information required for each project, which will fac ilitate the input of that info rmati o n into the GRT. For more information on how to complete IJs, refer to the Investment Justification Planning Guide located on fema.gov/grants. Page 13 of 86 FY 20 17 HSGP NOFO 212 Development of Concept of Operations for OPSG As part of the FY 2017 OPSG application process, each eligible local unit of government at the county or Federally-recognized tribal government level must develop a strategic plan called a Concept of Operations (CONOP)/ Application, which is a formal proposal of action to address a s pecific situation and forms the basis for Operations Orders (discussed below), in coordination with state and Federal law enforcement agencies, to include, but not limited to CBP IU SBP. CONOPs that are developed at the county level should be inclusive of city, county, tribal , and other local law enforcement agencies that are eligible to participate in OPSG operational activities , and the CONOP/ Application should describe participating agencies in the Executive Summary. CONOP /Application details should include the names of the agencies , points of contact, and individual funding requests . All CONOPs /Applications must be developed in collaboration with the local USBP sector office , the SAA and the local unit of government. Requests for funding in CONOPs /Applications must be based on risks and the operational enforcement support requirements of its corresponding USBP Sector. Sector offices will forward the CONOPs to USBP Headquarters for vetting and coordination. Applicants will forward corresponding OPSG Applications to the SAA for submission to FEMA. USBP Headquarters will reconcile all submitted CONOPs with the OPSG Applications . For more information , refer to App endi x D -FY 20 17 OPSG Op erati ons Order Template and In struc tions and Appendi x E -OPS G Op erati o na l Guidanc e of this NOFO. Intergovernmental Review An intergovernmental review may be required. Applicants must contact their state's Single Point of Contact (SPOC) to comply with the state's process under Executive Order 12372 (see http://www.fw s.gov/polic v/library/rgeo 123 72.pd0. Name and addresses of the SPOCs are maintained at the Office of Management and Budget 's home page at http://wvvw .whitehouse .gov/omb/grants spoc to ensure currency . Funding Restrictions Federal funds made available through this award may be used only for the purpose set forth in this award and must be consistent with the statutory authority for the award. Award funds may not be used for matching funds for any other Federal award , lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition , Federal funds may not be used to sue the Federal Government or any other government entity. Additionally , DHS /FEMA has issued IB 407 a: Use of Grant Fund s fo r Co ntroll ed Equipment: Upd ate for Fi sc al Year 201 7. which has placed further restrictions on controlled equipment. For more information on the Controlled Equipment List and Prohibited Equipment, see App endi x C -Funding G uid e lin es . Environmental Planning and Historic Preservation (EHP) Compliance As a Federal agency , DHS /FEMA is required to consider the effects of its actions on the environment and /or historic properties to ensure that all activities and programs funded by the agency, including grant funded projects, comply with federal EHP regulations , laws and Executive Orders as applicable. Recipients and sub-recipients proposing projects that have the potential to impact the environment, including but not limited to Page 14 of86 FY 2017 HSGP NOFO 213 construction of communication towers, modification or renovation of existing buildings, s tructures and facilities, or new construction including replacement of facilities , must participate in the DHS/FEMA EHP review process. T he EHP review process involves the submission of a detailed proj ect description along with s uppo rting documentation so that DHS/FEMA may determine whether the proposed project has the potential to impact environmental resources a nd /or hi sto ric properties. In so me cases, DHS/FEMA is also required to consult with other regulatory agencies and the public in order to complete the review pro ce ss. The EHP review process must be completed be fore funds are released to carry o ut the pro posed project; otherwise, DHS/FEMA may not be able to fund the project due to no n-co mpliance with EHP law s, executive o rd er , regulation s a nd policies. Additionally, all recipients are required to comply with GPD EHP Policy Guidance. This EHP Poli cy Guidance can be found in FP 108-023-1 at https://www.ferna.gov/media- library/as sets/docum ents /85376.and GPD EHP Compli a nce and Reference Documentation at: https://v-.'ww.fema.gov/environmental -planning-and -hi storic- preservatio n-compl iance. SAFECOM Recipients and s ubrecipi e nts who re ceive awards under HSGP that wholly o r p artiall y provide fundin g for emergency communication projects and related activities must comply with Appendix D of the SAFEC OM Guida nce o n Emergency C ommunications G ran ts . Appendix D outlines requirements for any FEMA reci pi e nt usi ng f und s fo r emerge ncy communication activities. These requirements include alignment t o natio nal and state communications plans, project coordination, a nd technical standards for emergency communications technologies. The SAFEC OM Guidance is intended to ensure that Federally-funded investments are compatible, in teroperabl e, a nd s upp ort the natio nal go al s and objectives f or improving emergency communications nationwide. T he s ignato ry authority for the SAA mu s t certify in writing to DHS/FEMA their compliance with the SAFECOM Guidance on Emergency Communications Grants, s p ecifica ll y Appe ndix D. This letter should be coordinated with the SWIC or SWIC equivalent for each State. Funds Transfer Restriction The recipient is prohibited from transferring funds between programs (includes SHSP, UAS I, and OPSG). Recipients are a ll owed to submit a n investment/project where f unds come from multiple funding sources (i.e., SHSP/UAS I); however, rec ipients ar e not a llowed t o div e rt funding from o ne pro gram t o a nother due to the risk-based f undin g a ll ocatio ns, which were m ade at the discretion ofDHS /FEMA. For additional details o n restrictions on the use of funds, refer to A ppendix C -F unding G u idelines . Indirect (Facilities & Administrative [F&A]) Costs Indirect costs are a ll owable under this program as described in 2 C .F .R. § 200.4 14. With the exception of recipients who have never received a negotiated indirect cost rate as des cribed in 2 C.F .R. § 200.414(£), recipients mu st have an approved indirect cost rate agreement with their cognizant federal agency to charge indirect costs to t hi s award . A copy of the approved rate (a fully executed, agreement negotiated with the app licant's Page 15 of86 FY 20 17 HSGP NOFO 214 cognizant federal agency) is required at the time of application, and must be provided to DHS/FEMA before indirect costs are charged to the award. Pre-award Costs Pre-award costs are allowable only with the prior written approval ofDHS/FEMA and as included in the award agreement. To request pre-award costs a written request must be included with the application, signed b y the Authorized Representative of the entity. The letter must outline what the pre-award costs are for, including a detailed budget break-out of pre-award costs from the post-award costs, and a justification for approval. Cost Principles Costs charged to this award mu st be consistent with the Cost Principles for Federal Awards located at 2 C.F.R. Part 200, Subpart E. Direct Costs Planning Planning related costs are allowed under this program only as described in thi s NOFO. Organization Organization related costs a re allowed under this program only as described in this NOFO. Equipment Equipment related costs are allowed under this program only as described in thisNOFO. Training Training related costs are a ll owed under this program on ly as described in this NOFO. Exercises Exercise related costs are a llowed under this program on ly as described in this NOFO. Personnel Personne l hiring, overtime, and backfill expenses a re permitted under this gran t in order to perform allowable HSGP planning, training, exercise, and eq uipment activities. Un der the OPSG Program, overtime costs a re a ll owabl e o nly in so far as they meet the intent of the program. Recipients a nd sub-recipients may not use more than 50% of their awards to pay for personnel activities unl ess a waiver is approved by FEMA. For more informatio n on the 50% personnel cap, please see FP 207-093 -1 , Clarification on the Personnel Reimbursement for Intelligence Cooperation and Enhanceme nt of Homeland Security Act of 2008 (Pub lic Law 110-4 12 -the PRICE Act) at http s ://vvv..rw.fema.go v/m e dia-librarv/assets/documents/85 3 84. Page 16 of86 FY 20 17 HSGP NOFO 215 Operational Overtime Operational Overtime costs are allowed under thi s program only a s described in this NOFO. Prior to use of funds for operational overtime, recipients must receive approval from DHS /FEMA. Travel Domestic travel costs are allowed under this program, as provided for in this NOFO. International travel is not an allowable cost under this program unless approved in advance by DHS/FEMA. Construction and Renovation C o nstruction and renovation costs to achieve capability targets related to preventing, preparing for, protecting against, or responding to acts of terrorism are allowed under this program. For construction costs to be allowed, the y must be specifically approved by DHS/FEMA in writing prior to the use of any program funds f or construction or renovation. Limits on the total amount of grant funding that may be used for construction or renovation may apply. See A pp e ndix C -Fu ndin g G uid el ines for additional details. Additionally, recipients are required to submit Standard Form 424C. Maintenance and Sustainment Maintenance and Sustainment related costs, such a s maintenance contracts , warranties, repair or replacement costs, upgrades, and user fees are allowable as described in FEMA Policy, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants Policy, FP 205-402-125-1 (h ttp :/IWW\·v.fe ma .gov/media-library/asset s/docume nts/32474). Management and Administration (M&A) Costs Management and administration (M&A) activities are those directly relating to the management and admini stration of HSGP funds , such as financial management and monitoring. A maximum of up to five percent (5 %) ofHSGP funds awarded may be retained by the state, and any funds retained are to be used solely for M&A purposes associated with the HSGP award. Sub-recipients may also retain a maximum of up to five percent (5 %) of funding passed through by the state solely for M&A purposes associated with the HSGP award. A state 's HSGP funds for M&A calculation purposes includes the sum total of it s SHSP, UASI, and , where applicable, OPSG awards . While the SAA may retain up to five percent (5 %) of this total for M&A, the state must still ensure that all sub-recipient award amounts meet the mandatory minimum pass through requirements which are applicable to each HSGP program . T o meet this requirement, the percentage ofSHSP, UASI and OPSG funds passed through to local jurisdictions must be based on the state 's total HSGP award prior to withholding any M&A. For additional information on SHSP and UASI M&A, refer to IB 365 : Ma nage me n t a nd Admini stratio n Cost s in t he Ho me la nd Secur ity G rant Program. For additional clarification on OPSG M&A, refer to DHS/FEMA Policy FP-207-087-1, which can be found at http://'vwi\I.,'J e m a.gov/librar v/viewRecord.do?id =7837 . Page 17 of86 FY 2017 HSGP NOFO 216 Critical E mergency Supplies Critical emergency s upplies are allowed under this program only as described in this NOFO. Secure Identification Secure Id entifi cation costs are a ll owed under this program only as described in this NOFO. E. Application Review Information Allocations Risk Methodology Based upon the requirements of the Homeland Security Act of2002, as amended, DHS/FEMA continu es t o use risk to determine final HSGP a ll ocations. DHS/FEMA defines risk as: "potential for an unwanted outcome res ulting from an incident, event, or occurrence, as dete rmined by its li ke lih ood and t he associated consequences" (see http://www.dhs.gov /x librar y/assets/dh s-risk-lexicon-20 I O.pdD. The DHS/FEMA risk methodol ogy is focuse d on th ree elements: • Threat-likelihood of an attack being attempted by an adve rsary ; • Vulnerability-lik elih ood that an attack is s ucces sful , g iven that it is attempted; and • Co nsequence -effect of an event, incident or occ urrence The r isk methodol ogy determines the relative ri sk of terrorism faced by a given area taking into account the potential ri s k of terrorism to people, critical in frastructu re, and economic sec urity. T he analys is includes threats from domestic vio lent extremists, international terrorist groups, and indi viduals inspired by terro ri st s abroad. SHSP Allocations FY 20 17 SHSP funds w ill be allocated based on two factors: m in imum amounts as leg is latively mandated, and DHSIFEMA's ri sk methodo logy. Each state and terri to ry wi ll receive a minimum allocation under SHSP usin g thresholds established in the Homeland Security Act of 2002, as amended. A ll 50 States, the Di strict of Co lum bia, a nd the Commonwealth of Puerto Rico will rece ive 0.35 percent of the total f unds a ll ocated for grants under Sectio n 2 003 a nd Section 2004 of the Homeland Security Act of2002, as a m en ded. Each of the fo ur territories (A merican Samoa, Guam, the Northern Mariana Is land s, and the U.S. V irg in Is lands) wi ll receive a minimum allocation of 0.08 percent of the tota l funds a llocated for grants u nder Sectio n 2003 and 2004 of the Hom eland Security Act of2002, as a mended. For details on program-specific funding amounts, refer to Appendix A -FY 20 17 Pr ogram Allocations . UASI Allocations FY 2017 UAS I f und s wi ll be a llocated based on DHSIFEMA's ri sk methodology. E li gible candidates for the FY 2 017 UASI program have been determined through an analysis of relat ive ri sk of terrorism faced by the I 00 most populous Metropolitan Page 18 of86 FY 20 17 HSGP NOFO 217 Statistical Areas (MSAs) in the United States, in accordance with the Hom eland Security Act of2002, as amended. Detailed info rmati on on MSAs is publicly availab le fro m the U nited States Census Bureau at https://www.census .gov/programs-surveys/metro- micro.html. F or detail s on program-s pecific funding amounts, refer to Appendix A -FY 20 17 Program Allocations. OPSG Allocations The FY 2017 OPSG Risk Assessment is designed to identify the ri sk to border security and to assist with the distribution of funds fo r the g rant program . Fundin g und e r OPSG is di stribute d based o n the ri sk to the security of the bo rder. Entities eligib le for f unding are the state , loca l and tribal law enforcement agencies that are located a lo n g the border of the U nited States. For the purposes of OPSG, risk is defined as the potential fo r an adverse outco me asse ssed as a function of threats, v ulnerabilities, and consequences associated with an in cident, event, o r occurrence. Based upon ongoing intelligence analysis and extensive security reviews, DHS/CBP continues t o focus the bulk o fOPSG funds based up on risk a nal yses . The ri sk model used to a ll ocate OPSG funds considers the potential ri sk that certain threats pose to borde r security a nd estimate the rel ative ri sk faced by a g iven a rea . In evaluatin g ri s k, DHS/CBP considers intelli ge nce, s ituati ona l awarene ss, crim inal tre nds, and statistical data s pecific t o each of the border sectors, and the potential impacts t hat t hese threats pose to the security of the border area. For v ulner ab ility and consequence, DHS/CBP co n s iders the expected impact a nd consequ e nces of s uccessful border events occurrin g in s pecific areas. Threat and vulnerability are evalu ated based o n specifi c operational data from DHS/CBP. Threat components pre sent in each of the Sectors are used to determine the overall threat score. These components are: terrori sm, c riminal a lien s, dru g trafficking organizatio ns, and alien smugglin g o rgani zatio ns. Application Evaluation Criteria Prior to makin g a f ede ral award, FEMA is re quired by 31 U.S.C. § 332 1 and 41 U.S.C. § 23 13 to review info rmation ava il a bl e through any OMS-design ated rep os itories of go vernment-wide e li g ibil ity qualification or financial integrity informatio n . Therefore, app li cation evaluation crite ria m ay include the following ri s k-based con s iderations of the app li cant: (I) financial stabili ty; (2) qua lity of m anagement systems and ab ili ty to meet ma nagement sta ndards; (3) hi story of pe rformance in managin g federal award; ( 4) reports and find ings from audits; and (5) a bili ty to effectively implement statutory, regulato ry, o r othe r require ments. FEMA w ill eva lu ate FY 2017 HSGP app li catio ns for completeness, adherence to programmatic g uidel in es, and a ntic ip ated effectiveness ofthe proposed inve stm ents. FEMA 's revi ew w ill include verification that each IJ o r project: Page 19 of 86 FY 2 01 7 HSGP NOFO 218 • Aligns to at least one core capability identified in the Goal; • Effectively addresses capability targets identified in the THIRA and gaps noted in the SPR; and • Supports a NIMS-typed resource and whether those assets are deployable/shareab le to support emergency or disaster operations per existing EMAC agreements. In addition to the above, FEMA will evaluate whether proposed projects are: 1) both feasible and effective at reducing the risks for which the project was designed; and 2) ab le to be fully completed within the three-year PoP. FEMA will use the information provided in the application and after the s ubmission of the first BSIR to determine the feasibility and effectiveness of a grant project. Information that would assist in the feasibility and effectiveness determination includes the following: • Scope of work (purpose and objectives of the project, identification of what is being protected , identification of core capability addressed and whether the core capability is identified in the SPR, where applicable, as a priority); • Desired outcomes, including expected long-term impact where app licable, and discussion of which core capability gap it helps to close and how; • Summary of status of planning and design accomplished to date (e.g. included in a capital improvement plan); and • Project schedu le. Recipients are expected to conform, as applicable, with accepted engineering practices, established codes, standard s, modeling techniques, and best practices, and participate in the development of case stud ies demonstrating the effective use of grant funds , as requested. Review and Selection Process SHSP and UASI To ensure the effectiveness of propos ed investments and projects, all applications wi ll undergo a federa l review. The federal review will be conducted by FEMA HQ Program Analysts. FEMA HQ Program Analysts will use a checklist to verify compliance with all administrative and e li gi bility criteria id entifi ed in the NOFO. All proposed in vestments in core capability POETE elements must a li gn to a capabi li ty gap in the SPR. IJs will be reviewed at both the investment and project leve l. A program hold may be placed on any investment which is found to be noncompliant. Fus ion center investments wi ll be jointly reviewed by FEMA and the DHS Office of Intelligence and Analysis (I&A) for comp li ance with HSGP NOFO requirements to prioritiz e the alignment of requests with results from the annual Fusion Center Assessment Program. If a fusion center investment does not meet the requirements, a Fusion Center Addendum must be completed and submitted for review and approva l prior to expending funds a ll ocated to fusion center activities. Page 20 of86 FY 2017 HSGPNOFO 219 OPSG A ppli catio ns w ill be reviewed by the SAA and USBP Sector Headquarte rs for completeness and adherence to programmatic guidelines and evaluated for anticipated feasibility, need, and impact of the Operations Orders. For more information on Operations Orders and other requirements ofOPSG see Appendix E -OPSG Operatio nal Guidance . DHS /FEMA will verify compliance with all a dministrative a nd eligibility criteria identified in the NOFO a nd required submi ssion of Operat io ns Orders and Inventory of Operations Orders by the established due dates. DHS/FEMA and US BP will use the results of both the ri sk analysis and the federal review by DHS/FEMA to make recommendations for funding to the Secretary of Ho me land Sec urit y. FY 20 17 OPSG funds w ill be allocated competitively based o n risk-based p rio riti zation using the OPSG Risk Assessment de scribed above. Final f undin g allocations are determined by the Secretary, w ho may consider information and input from vario us law e nforceme nt office s or s ubj ect-matter ex pe rts within the De partment. Factors co ns id ere d include, but are not limited to: threat, vulnerability, mil es of border, and othe r border- s pecific law enforcement inte lli ge nce, as we ll as feasibilit y of FY 2017 Operation Orders to designated loc a lities within Bo rder States and territo rie s. Fo r details on program- s pecific funding amo un ts, please refer to Append ix A -FY 2017 Program Allocat ions. Supplemental Financial Integrity Review Prior to making a Federal award w here the Federal sh are is expected to exceed the simpl ifi ed acquisition threshold, currently $150,000, D HS/FEMA is required to review and co ns ider any information about the applicant in the Federal Awardee Performance and Integrity Informati on System (F APIJS ), which is also accessible through the SAM we bs ite . • An a ppli cant, at its option, may revi ew informati on in FAPIIS and comment on any info rmati on about it se lf that a Federal awarding agency previously e nt ered. • DHS/FEMA wi ll cons ide r any comments by the appl icant , in addition to the FAPIIS informati on, in making a judgme nt a bout the applicant's integrity, bus iness ethics, and record of pe rformance under Federa l awards w hen completing the rev iew of risk p osed by applicants, as described in 2 CFR §200.205. F. Federal Award Administration Information Notice of Award Not ificati o n of award approval is ma de thro ugh the ND Grants system through an a uto matic e lectronic m a il to th e awardee a uthori zed official listed in t he initial ap plication. The "award date" fo r HSGP will be the date that DHS/FEMA approves t he award. T he awardee s ho uld follow the directio ns in the notification to confirm acceptance of the award . Funds will re ma in on ho ld until the recipient accepts the award through the ND Grants system a nd all o th er conditions of award have been satisfied, or the award is otherwise Page 21 of 86 FY 2017 HSGP NOFO 220 rescinded. Failure to accept the grant award within the 90-day timeframe may result in a loss of funds. Recipients must accept their awards no later than 90 days from the award date. The recipient shall notify the awarding agency of its intent to accept and proceed with work under the award through the ND Grants system. For instructions on how to accept or decline an award in the ND Grants system, please see the N O G ra nts R ec ipie nt Tra ining Manual. Administrative and National Policy Requirements All successful applicants for all OHS grant and cooperative agreements are required to comply with DHS Standard Administrative Terms and Conditions, which are available online at: OHS Standard Term s and Condit ions. The applicable DHS Standard Administrative Terms and Conditions will be those in effect at the time the award was made. Before accepting the award the AOR should carefully review the award package. The award package includes instructions on administering the grant award and the terms and conditions associated with responsibilities under Federal Awards. Recipients must accept all conditions in this NOFO as well as any Special Terms and Conditions in the Notice of Award to receive an award under this program. SHSP and UASI Pass-Through Requirements Awards made to the SAA for HSGP carry additional pass-through requirements. Pass- through is defined as an obi igation on the part of the SAA to make funds available to local units of government, combinations of local units, tribal governments, or other specific groups or organizations. Four requirements must be met to pass-through grant funds: • The SAA must make a firm written commitment to pass through grant funds to sub-recipients; • The SAA's commitment must be unconditional (i.e., no contingencies for availability of SAA funds); • There must be documentary evidence (i.e ., award document, terms and conditions) of the commitment; and • The award terms must be communicated to the sub-recipient. Timing and Amount The SAA must pass-through at least 80 percent (80%) of the funds awarded under SHSP and UASI to local or tribal units of government within 45 calendar days of receipt of the funds. "Receipt of the funds" occurs either when the SAA accepts the award or 15 calendar days after the SAA receives notice of the award , whichever is earlier. SAAs are sent notification of their HSGP awards via the Grant Program Directorate's (GPD) Non-disaster (NO) Grants s ystem . If an SAA accepts its award within 15 calendar days of receiving notice of the award in the ND Grants system, the 45-calendar days Page 22 of86 FY 2017 HSGP NOFO 221 pass-through period will start on the date the SAA accepted the award. Should an SAA not accept their HSGP award within 15 calendar days of receiving notice of the award in the NO Grants system, the 45-calendar days pass-through period will begin 15 calendar days after the award notification is sent to the SAA via the ND Grants system. It is important to note that the PoP start date does not directly affect the start of the 45- calendar days pass-through period. For example, an SAA may receive notice of their HSGP award on August 20, 2017, while the PoP dates for that award are September 1, 2017 through August 3 1, 2019. In this example, the 45-day pass-through period will begin on the date the SAA accepts their HSGP award or September 4, 2017 ( 15 calendar day s after the SAA was notified of the award), whichever date occurs first. The PoP start date of September 1, 2017, would not affect the timing of meeting the 45-calendar-day pass-through requirement. Other SHSP and UASI Pass-Through Requirements The signatory auth ority of the SAA must certify in writing to DHS/FEMA that pass- through requirements have been met. A letter of intent (or equivalent) to distribute funds is not considered sufficient. The pass-through requirement does not apply to SHSP awards made t o the District of Columbia, Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands. The Commonwealth of Puerto Rico is required to comply with the pass-through requirement and its SAA must also obli gate at least 80 percent (80%) of the funds to local units of government w ithin 45 calendar days of receipt of the funds. Any UASI funds retained by the SAA must be used to directly support the designated Urban Areas in the state. The SAA must propose an investment describing how such UASI funds it retains will be used to directly support the Urban Area. Under SHSP, the SAA may retain more than 20 percent (20%) of funding for expenditure made by the state on behalf of the local unit(s) of government. This may occur only with the written consent of the local unit of government, spec ifying the amount of funds to be retained and the intended use of funds. States shall review their written con sent agreements yearly and ensure that they are sti ll valid. If a written consent agreement is already in place from previous fiscal years, DHS/FEMA will continue to recognize it for FY 2017, unless the w ritten consent review indicates the local government is no longer in agreement. If modifications to the existing agreement are necessary, the SAA shou ld contact their assigned FEMA HQ Program Analyst. Additional OPSG Requirements The recipient must pass through I 00 percent (I 00%) of OPSG allocations to e li gible jurisdictions. The recipient is prohibited from obligating or expending funds provided through this award until each unique and specific county-level or equivale nt Operational Order/Fragmentary Operations Order budget has been reviewed and approved through an official e lectronic mail notice issued by DHS/FEMA removing this special programmatic condition. Page 23 of86 FY 2017 HSGP NOFO 222 Reporting Recipients are required to submit various financial and programmatic reports as a condition of award acceptance. Future awards and funds drawdown may be withheld if these reports are delinquent. Federal Financial Reporting Requirements Federal Financial Report (FFR) Recipients must report obligations and expenditures on a quarterly basis through the FFR (SF-425) to DHS/FEMA. Recipients must file the FFR electronically using the Payment and Reporting Systems (PARS). A FFR must be submitted quarterly throughout the PoP, including partial calendar quarters, as well as for periods where no grant award activity occurs. Future awards and fund drawdowns may be withheld if these reports are delinquent, demonstrate lack of progress , or are insufficient in detail. Recipients may review the Federal Financial Reporting Form (FFR) (SF-425) at: https :/ /www. grants. gov /we b/ grants/forms / post -award-repo rting-form s . htm l#so rtby = 1 , SF-425OMB #4040-0014. Financial Reporting Periods and Due Dates The following reporting periods and due dates apply for the FFR: Financial and Compliance Audit Report For audits of fiscal years beginning on or after December 26, 2014, recipients that expend $750,000 or more from all federal funding sources during their fiscal year are required to s ubmit an organization-wide financial and compliance audit report. The audit must be performed in accordance with the requirements of Government and Accountability Office 's (GAO) Government Auditing Standards, located at http ://www.gao .gov/govaud/ybkO l .htm, and the requirements of Subpart F of2 C.F.R. Part 200, located at http://www.ecfr.go v/cgi-bin/text-idx?node=s p2 .1.200.f Program Performance Reporting Requirements Performance Progress Reports (PPRs) Recipients are responsible for providing updated performance reports on a biannual basis as an attachment in ND Grants . The PPR should include the following: • A brief narrative of the overall project status; • A summary of project expenditures; and Page 24 of86 FY 2017 HSGP NOFO 223 • A description of any potential is sues that may affect project completion. As part of the PPR, recipients will be required to report the following information related to fusion center projects: • Progress toward addressing shortfalls identified by their annual Fusion Center Assessment results. Program Performance Reporting Periods and Due Dates The following reporting periods and due dates apply for the PPR: Additional Programmatic Reporting Requirements and Information Biannual Strategy Implementation Report (BSIR) In addition to the quarterly financial and biannual performance progress reports , recipients are responsible for completing and s ubmitting BSIRs through the Grants Reporting Tool (GRT). The BSIR is due within 30 days after the end of the reporting period (Ju ly 30 for the reporting period of January 1 through June 30 (the summer BSIR report); and January 30 for the reporting period of July 1 through December 31 (winter BSIR report). All required attributes of each project must be included. Updated obligations, expenditures, and significant developments must be provided within the BSIR to show progress of implementation for every project, as we ll as how expenditures support Planning, Organization , Equipment, Training and Exercises (POETE). The first BSIR will be due January 30, 20 17 (30 days after the end of the first reporting period for the award). Subsequent BSIR reports will require recipients to report on a project-by- project bas is. State Preparedness Report (SPR) The SPR is an annual capability assessment. The Post-Katrina Emergency Management Reform Act of2006 (PKEMRA) requires an SPR from any state/territory receiving Federal preparedness assistance administered by DHS /FEMA. Each state submits an annual SPR to DHS/FEMA. UASI recipients can complete an SPR on a voluntary basis. Completing a SPR helps identify capabi lity gaps and prioritize investments required to reach the THIRA targets, resulting in a stronger investment justifica tion. Refer to Appendix B -FY 2017 1-ISGP Program Priorities for additiona l guidance on SPR requirements. Threat and Hazard Identification and Risk Assessment (THIRA) States, territories, and Urban Areas should review and , if necessary , revise and update their THIRAs on an annual basis . A si ngle THIRA submission will support multiple Page 25 of86 FY 2017 HSGP NOFO 224 grant awards received by a jurisdiction. This subm ission is valid for the entire PoP of the individual grant award(s). Further details on the THIRA as it relates to HSGP Program req uirements can be found in A ppendi x B-Pro gram Pri oritie s. For additional guidan ce o n THIRA, please refer to CPG 201, Second Edition, available at http ://w w w .fema .go v/threat -and-haz ard- ide ntifi cati o n-a nd-ri sk-assessme nt. Emergency Operations Plan (EOP) Recipients must update their EOP at least once every two years to comply with Co mprehensive Preparedness Guide (CPG) 101 Version 2.0, De veloping and Maintaining Emergency Operations Plans. Recipients will use the Unified Reporting Tool (URT) to report their compli ance with this reporting requirement. Supplemental Information Reporting Systems In addition to NO Grants, the following information systems are used for the submission of required reports: Grant Reporting Tool (GRT) The Grants Reporting Tool (GRT) is the system in which HSGP recipients will submit their BSIR information . HSGP recipients are responsible for filing a semi- annual BSIR report in the GRT and shou ld register to create an account as soon as possible . Recipients should go to the following link and follow the links to create a new acco unt: https://w w w.re portin g.o dp .dhs.gov/. This report is used to track the progress toward the comp letion o f projects . FY 2017 Un ified Reporting Tool (U RT) The URT is DHS/FEMA's collection mechanism for THIRA, SPR , and related preparedness information. The FY 2017 URT includes questions related to NIMS adoption and implementation , CPG I 0 1 v2 compliance, and other preparedness questions, as appropriate. Information on the URT, including when recipients will receive the tool and how to u se the tool , will be sent to recipients later in 20 17 . Closeout Reporting Requirements Within 90 days after the end of the PoP, or after an amendment has been issued to close out a grant, whichever comes first, recipients must submit a fina l FFR and final progress report detailing all accompl ishments and a qualita tive summary of the impact of those accomplishments throughout the PoP, as well as the following documentation: I) Final request for pay ment, if appli cable; 2) SF-425 -Fi na l FFR; 3) Final Performance Progress Report; 4) A qualitative narrative summary on the impact of those accompli shments througho ut the entire PoP s ubmitted to the respective FE MA HQ Program Page 26 of86 FY 2017 HSGP NOFO 225 Analyst, which includes a description of progress made in clos ing core capability gap s identified in the SPR and reaching THIRA targets; and 5) Other documents required by program guidance or terms a nd conditions of the award. After these reports have been reviewed and approved by OHS/FEMA, a close -o ut notice will be completed. The notice will indicate the PoP as closed, li st any remaining funds that will be de-obligated, and address the requirement of maintaining the grant records for three yea rs from the date of the final FFR. In addition , any HSGP recipient that issues s ub-awards to any s ub-recipient is re s ponsible for clos ing out those sub-awards as de sc ribed in 2 C.F.R. § 200.343. HSGP recipients must ensure that they complete the cl oseo ut of their s ub-awa rds in time to submit all nece ssa ry documentation and informa tion to OHS/FEMA during the closeout of their own g rant award . The recipient is re s ponsible for returnin g any funds that have been drawn down but remain as unliquidated on recipient financial records. G. DHS/FEMA Awarding Agency Contact Information Contact and Resource Information Centralized Scheduling and Information Desk (CSID) CSID is a n o n-emergency comprehensive manage ment a nd information re so urce develo ped by OHS/FEMA for grant stakeholders . CSID provides general information o n a ll OHS/FEMA grant programs a nd maintains a comprehensive database containing ke y personne l contact informati o n at the federal , state, a nd loca l level s. When necessary, recipients will be directed to a F ederal po int of contact who can answer s pecific programmatic questio ns or concerns. CS IO can be reached by phone at (800) 368-6498 or by e-mail at as kcs id @,dhs.gov, Monday thro ugh Friday, 9 :00a.m.-5:00p.m. ES T. GPD Grant Operations Division GPO 's G ra nt Operations Divi s io n Bu s ine ss Office provides s upport regarding fin a nci a l matters and budgetary technica l ass istance. Additional g uidance and information can be o btained by contacting the FEMA Call Center at 866-927-5646 o r via e-mail to ASK- GMD@ d hs .gov. FEMA Regions FEMA Regions may al so provide fi sca l s uppo rt, in c luding pre-and post-award administration and technica l ass istance such as conducting cash analysis, fin a ncial monitorin g, and audit re so lution to the grant pro gra m s included in thi s solicitation. GPO w ill provi de pro gra mmatic s upport a nd technica l assistance. Contact informati on for the ten FEMA Reg ions is available at the fo llowing websites: Page 27 of 86 FY 20 17 HSGP NOFO 226 Region I Region II Region III Region IV Re g ion V Region VI Region VII Regi on VIII Region IX Region X https://wv..rw.fema.gov/regio n-i-ct-me-ma-nh-r i-vt https://www.fema.gov/region-ii-nj-ny-pr-vi -O https://www.fema.gov/reg ion-i ii-dc-de-md-pa-va -wv https://www .fema.gov/region-iv-al-tl-ga-ky-m s-nc-sc-tn https://www.fema.gov /region-v-il-mi-mn-o h-wi https://www.fema.gov /regio n-vi-arka nsas -l o ui siana-new-mexico-oklahoma-texas https://wv..r\v.fema.gov/region-vii-ia-ks-mo-ne https://www.fema.gov/region -vii i-co-mt-nd-sd -u t-wy http s://www.fema.gov /fema -region -ix-ari zon a-california -hawaii -nevada- pacific-islands https://www.fema.gov /reg ion -x-contact-inform ation-ak-id -o r-wa GPD Environmental Planning and Historic Preservation (GPD EHP) The DHS /FEMA GPO EHP Team provides guid a nce a nd information about the EHP review process to recipients and sub-recipients. All inquiries and communications about GPO projects o r the EHP revie w process, including the su bmittal of EHP review material s, should be sent to gpdehp in fo@fema.gov. EHP Technica l Assistance, including the EHP Scree nin g Form, can be found online at: http s://W\\rw.fcma.gov/en vironmenta l-p lanning -a nd -histo ri c-preservation-comp li ance. Systems Information Grants.gov. For technical ass istance with Grants .gov, please call the customer supp ort hotline at (800) 518-4 726. Non-Disaster (ND) Grants. For technical ass istance with the ND Grants syste m, please contact ndgrants@fema .gov or (80 0) 865-4076. H. Additional Information National Preparedness The Nati onal Preparedne ss Goal defin es what it means fo r the whole community to be prepared for all types of di sasters and emergencies. The National Preparedne ss System is the in strument the Nat io n em pl oys to build , susta in , and deliver core capabilities in order to achieve the Goal of a sec ure a nd re s ilient Nation. DHS /FEMA coordinates with loca l, state , territory, and tr ib al gove rnmen ts as well as the private and non-profit sectors to facilitate a who le community, ri sk-driv en, and capabi li ties-based approach to preparedness . This ri sk-driven , capabilities-based approach is gro unded in the ide ntificati o n and assessment of risk through the THIRA . For additiona l info rm ation on THIRA, p lease re fe r to: http://www. fema .go v /threat-and -hazard-i dent i ficat i o n-and-risk -a ssessment. Rec ipi ents should review and , if nece ss ary, revi se and update th e ir THIRAs on an a nnu a l ba s is to ens ure that the commun ity's s hared understandin g of risk evo lves to account fo r changes in the ri s k land scape , includin g succe ss ful miti gati o n efforts , eme rg in g th reats, haza rd s, and assoc iated co nse quences. Information on the Nat iona l Preparedness System can be found at http://www .fema.gov /national-preparedn ess -system . Add it io nal detail s Page 28 of 86 FY 2 01 7 HS GP NOFO 227 regarding the National Preparedness System and how it is supported by HSGP can be found in Appendi x B -Progra m Pri o ritie s. Active Shooter Preparedness DHS aims to enhance national preparedness through a whole community approach by providing the necessary products, tools, and resources to help all stakeholders prepare for and respond to an active shooter incident. To that end, DHS has developed a comprehensive "Active Shooter Preparedness" website, which includes a variety of informational resources. The website address is: https ://w ww.dhs.gov/active -s hooter- pre paredness. In addition , within the Homeland Security information Network (HSIN), the Joint DHS and FBI Countering Violent Extremism (CVE) and Active Shooter Web Portal provides a restricted-access forum to share Unclassified For Official Use Only (FOUO), Sensitive but Unclassified (SBU), and Law Enforcement Sensitive (LES) Information. The portal provides users and training practitioners with accurate, appropriate, and relevant CVE and Active Shooter training development resources, subject-matter expert information, and outreach initiatives. It also has forums to provide feedback , products useful to others, and allows participants to ask questions concerning CVE or the Active Shooter Program. Persons with a job-related duty, public service interest, or who support a CVE and/or Active Shooter program can request access into this Portal. Additional information can be found on the DHS website at: http s://www.dhs.go v/cvea s-po rtal #. States , territories, and Urban Areas are encouraged to review the referenced active shooter guidance, evaluate their preparedness needs in conjunction with, or supplemental to , their THIRA and SPR processes, and to utilize preparedness grant funds as necessary to address any capability gaps identified in this area. Expanded Allowable Costs for General Purpose Equipment HSGP allows expenditures on general purpose equipment if it aligns to and supports one or more core capabilities identified in the Goal and has a nexus to terrorism . General purpose equipment must be sharable through the Emergency Management Assistance Compact (EMAC) 1 and allowable under 6 U.S.C. § 609. Examples of such general purpose equipment may include: • Law enforcement vehicles; • Emergency medical services (EMS) equipment and vehicles; • Fire service equipment and vehicles, to include hose, pump accessories, and foam concentrate for specialized chemical, biological, radiological, nuclear, and explosives (CBRNE) response; and 1 Except for American Samoa and the Commonwealth of the Northern Mariana Is lands which are not required to belong to EMAC at this time. Page 29 of86 FY 2017 HSGP NOFO 228 • Office equipment for staff2 engaged in homeland security program activity. Equipment allowability is based on the Authorized Equipment List {AEL) but exceptions may be considered on a case-by-case basis if(l) the equipment identified to be purchased directly maps to a core capability contained within the Goal 3, and (2) the equipment's purpose (when operational) falls under the permitted use of funds in accordance with the Homeland Security Act of2002, as amended. Payments DHS/FEMA uses the Payment and R e po tting System (PARS) for financial reporting, invoicing and tracking payments. DHS/FEMA uses the Direct Deposit/Electronic Funds Transfer (DO/EFT) method of payment to recipients. To enroll in the DO/EFT, recipients must complete a Standard Form 1199A, Direct Deposit Form . Monitoring and Evaluation Recipients will be monitored on an annual and as needed basis by DHS/FEMA staff, both programmatically and financially, to ensure that the project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. Monitoring may be accomplished through desk-based reviews, on-site monitoring visits, or both. Monitoring will involve the review and analysis of the financial, programmatic, performance, compliance and adminis trative processes, policies, activities, and other attributes of each Federal assistance award and will identify areas where technical assistance, corrective actions and other support may be needed. Case Studies As part of its grant oversight responsibility, FEMA is conducting a series of grant effectiveness case studies jointly with grant recipients to highlight how states and urban areas have used federal grants to improve preparedness. The purpose of the project is to better understand the factors that jurisdictions consider when determining which grant projects to fund , how grant recipients measure grant effectiveness, and to document key findings and success stories that will help both grant recipients and FEMA more effectively communicate the importance of federal grant programs to policymakers and the public. Although not mandatory, recipients are encouraged to participate given the mutual benefits to be gained from this collaborative effott. Conflict of Interest To eliminate and reduce the impact of conflicts of interest in the sub-award process, recipients and sub-recipients must follow their own policies and procedures regarding the 2 T his appl ies to all homeland security personnel, and is not limited to manag ement and admini stration staff, and costs are to be captured outside the cap on management and admini stration co sts . 3 https://www.fema.gov/media-library/assets/documents/25959 Page 30 of86 FY 2017 HSGP NOFO 229 elimination or reduction of conflicts of interest when making sub-awards. Recipients and pass-through entities a re also required to follow any applicable Federal, state, local , tribal , or territorial statutes or regulations governing conflicts of interest in the making of sub-awards. The recipient or sub-recipient must disclose to the respective Program Analyst, in writing, any real or potential conflict of interest as defined by the Federal, state, local, tribal or territorial statutes or regulations or their own existing policies, which may arise during the administration of the Federal award w ithin five days of le arning of the conflict of interest. Similarly, sub-recipients must disclose any real or potential conflict of interest to the pass-through entity as required by the recipient's conflict of interest policies, or any applicable Federal, state, local, tribal, or territorial statutes or regulations. Conflicts of interest may arise during the process ofDHS/FEMA making a Federal award in situations where an employee, officer, or agent, any members of his or her immediate family, his or her partner has a close personal relationship, a business relationship, or a professional relationship, with an applicant, sub-applicant, recipient, sub-recip ient, or DHS/FEMA employees. Extensions Extensions to this program are allowed. Extensions to the initial PoP identified in the award will only be considered through formal , written re quests to the recipient 's FEMA HQ Program Analyst and mu st contain spec ific and compelling justifications as to why an extension is required. SAAs are advised to coordinate with the FEMA HQ Program Analyst as needed, when preparing an extension request. All extension requests must address the following: I) Grant pro gram , fiscal year, and award number; 2) Reason for delay -this must include details of the legal , policy, or operational challenges being ex perienced that prevent the final outlay of awarded funds by the applicab le deadline; 3) Current status of the activity/activit ies; 4) Approved PoP termination date and new project completion date; 5) Amount of funds drawn down to date ; 6) Remaining available funds , both Federal and non-federal ; 7) Budget outlining how remaining Federal and non-federal funds will be expended; 8) Plan for comp letion, including milestones and timeframes for achieving each milestone and the position/person respons ible for implementing the plan for completion; and 9) Certification that the activity/activities will be completed within the extended PoP without any modification to the original Statement of Work, as described in the investment justification and approved by DHS/FEMA. Extens ion requests will be granted only due to compe lling legal , policy, or operational challenges . Extension reque sts will only be considered for the following reasons: Page 31 of86 FY 2017 HSGP NOFO 230 • Contractual commitments by the grant recipient with vendors or sub-recipients prevent completion of the project within the existing PoP ; • The project must undergo a comp lex environmental review that cannot be comp leted within this timeframe; • Projects are long-term by design and therefore acceleration would compromise core programmatic goals; and • Where other special circumstances exist. Recipients must subm it all proposed extension requests to DHS/FEMA for review and approval no later than 120 days prior to the end of the PoP. In accordance with GPD policy, exten sions are typically granted for no more than a six month time period. Page 32 of86 FY 2017 HSGP NOFO 231 Appendix A-FY 2017 HSGP Program Allocations FY 2017 SHSP Allocations State/Territory FY 2017 Allocation Alabama $3,752,000 Alaska $3 ,752 ,000 American Samoa $857,600 Arizona $4,551 ,000 Arka nsa s $3 ,752,000 California $60,159 ,500 Colorado $3,963,000 Conn ecticut $3,962,000 Delaware $3 ,752,000 Di strict of Columbia $4,124,500 F lorida $11 ,023,500 Georgia $6,790,000 Guam $857,600 Hawaii $3,752 ,000 Idaho $3 ,752,000 Illinois $16 ,391 ,500 Indiana $3,962 ,000 Iowa $3,752 ,000 Kansas $3,752,000 Kentucky $3 ,962 ,000 Louisiana $3 ,962,000 Maine $3,752,000 Maryland $6 ,136,500 Massachusetts $5,628,000 Michigan $6 ,641,000 Minnesota $3 ,962 ,000 Mississippi $3 ,752 ,000 Missouri $3,962,000 Montana $3,752,000 Nebraska $3 ,752,000 Nevada $3 ,752,000 New Hampshire $3 ,752,000 New Jersey $8,337,000 New Mexico $3,752,000 New York $76,930,000 North Carolina $5,472 ,000 North Dakota $3,752,000 Northern Mariana Isl ands $857,600 Page 33 of86 Appendi x A -FY 20 17 HSGP Program Allocations 232 State/Territory FY 2017 Allocation Ohio $7,681 ,000 Oklahoma $3,752,000 Oregon $3 ,822,100 Pennsylvania $10 ,037,500 Puerto Rico $3,752,000 Rhode Island $3,752,000 South Carolina $3,752,000 South Dakota $3,752,000 Tennessee $3 ,962,000 Texas $21,481,000 U.S. Virgin fslands $857 ,600 Utah $3 ,752 ,000 Vermont $3,752,000 Virginia $7,428,500 Washington $6 ,476,000 West Virginia $3 ,752,000 Wisconsin $3,962,000 Wyoming $3 ,752,000 Total $402,000,000 Page 34 of 86 Appendix A -FY 20 17 HSGP Program Allocations 233 FY 2017 UASI Allocations Statc/Tet·ritot-y Funded Urban Areas FY2017 UASI Allocation Arizona Phoenix Area $5,180,000 California Anaheim/Santa Ana Area $5,180,000 Bay Area $27,536,000 Los Angeles/Long Beach Area $68,110,000 Riverside Area $2 ,837,000 Sacramento Area $2,837,000 San Diego Area $16,158,000 Co lorado Denver Area $2 ,837,000 District of Columbia National Capital Region $52,809,000 Flor ida Miami/Fort Lauderdale Area $5,180,000 Tampa Area $2 ,837,000 Georgia Atlanta Area $8,430,000 Illinois Chicago Area $68,110,000 Indiana Indianapolis Area $1,000,000 Maryland Baltimore Area $4,2 12,000 Massachusetts Boston Area $17,270,000 Michigan Detroit Area $5,180,000 Minnesota Twin Cities Area $5 ,180,000 Missouri St. Louis Area $2 ,837,000 Nevada Las Vegas Area $2 ,837,000 New Jerse y Jersey City/Newark Area $20,034,000 New York New York City Area $178,123 ,000 North Caro lina Charlotte Area $2 ,837,000 Ohio Cleveland Area $2 ,837 ,000 Oregon Portland Area $2 ,837,000 Pennsylvania Philadelphia Area $17,763 ,000 Pittsburgh Area $2,837,000 Texas Dallas/Fort Worth /Ar lin gton Area $14 ,802 ,000 Houston Area $23,193 ,000 San Ant onio Area $1,000,000 Utah Salt Lake City Area $1,000,000 Virg ini a Hampton Roads Area $1,000 ,000 Washington Seattle Area $5 ,180,000 Total $580,000,000 Page 35 of86 Appendix A -FY 2017 HSGP Program Allocations 234 FY 2017 SHSP and UASI LETPA Minimums Funded Urban UASI Total UASI SHSP Total State/Tenitot'Y Area(s) Allocation Allocation Allocation Allocation LETPA by State Alabama $3,752,000 $3 752,000 $938,000 Alaska $3,752,000 $3,752 ,000 $938,000 American $857,600 $857,600 $214,400 Samoa Arizona Phoenix Area $5,180,000 $5,180,000 $4,551 ,000 $9,731 ,000 $2,432,750 Arkansas $3 ,7 52,000 $3,752,000 $938,000 Anaheim/Santa $5 ,180,000 Ana Area Bay Area $27,536,000 Los California Angeles/Long $68,110,000 $122,658,000 $60 ,159 ,500 $182 ,817,500 $45,704,375 Beach Area Riverside Area $2,837,000 Sacramento $2,837,000 Area San Diego Area $16, 158 ,000 Colorado Denver Area $2,837,000 $2,837,000 $3,963,000 $6,800,000 $1 ,700,000 Connecticut $3 ,962 ,000 $3,962,000 $990,500 Delaware $3,752,000 $3,752,000 $938,000 District of National Capital $52,809,000 $52 ,809,000 $4,124,500 $56,933,500 $14,233 ,375 Columbia Region Miami/Fort $5,180,000 F lorida Lauderdale Area $8,0 17 ,000 $11,023,500 $19,040,500 $4,760,125 Tampa Area $2,837,000 Georgia Atlanta Area $8,430,000 $8,430,000 $6,790,000 $15 ,22 0,000 $3 ,805 ,000 Guam $857,600 $857,600 $214,400 Hawaii $3,752,000 $3 ,752,000 $938,000 Idaho $3,752,000 $3 ,752,000 $938,000 [llinoi s Chicago Area $68,11 0 ,000 $68, I I 0,000 $16,391 ,5 00 $84,50 I ,500 $21 ,125,375 Indiana Indianapolis $1,000,000 $1,000,000 $3,962,000 $4,962 ,000 $1,240,500 Area Iowa $3 ,752,000 $3,752,000 $938,000 Kansas $3,752,000 $3 ,752,000 $938,000 Kentucky $3,962,000 $3,962 ,000 $990,500 Louisiana $3 ,962,000 $3,962,000 $990,500 Maine $3,752,000 $3 ,7 52,000 $938,000 Maryland Baltimore Area $4,212,000 $4,212,000 $6,136,500 $10,348,500 $2,587,125 Massachusetts Boston Area $17 ,270,000 $17 ,270,000 $5,628,000 $22,898,000 $5,724,500 Michigan Detroit Area $5,180,000 $5,180,000 $6,64 1,000 $11,821,000 $2,955,250 Minnesota Twin Cities $5,180,000 $5 ,180,000 $3,962,000 $9,142,000 $2,285,500 Area Missi ss ippi $3,752,000 $3 ,752,000 $938,000 Missouri St. Louis Area $2,837,000 $2,837,000 $3,962,000 $6,7 99,000 $1,699,750 Montana $3,752,000 $3,752,000 $938,000 Page 36 of86 Appendix A -FY 2017 HSGP Program Allocations 235 Funded Urban UASI Total UASI SHSP Total State/Territory Are~1(s) Allocation Allocation Allocation Allocation LETPA by State Nebra ska $3 ,752,000 $3 ,752,000 $938,000 Nevada Las Vegas Area $2,837,000 $2,837,000 $3,752,000 $6,589,000 $1 ,647,250 New $3,752,000 $3 ,752,000 $938,000 Hampshire Jers ey New Je rsey C ity/Newark $20,034,000 $20,034,000 $8,33 7 ,000 $28,371 ,000 $7,092,750 Area New Mexico $3 ,752 ,000 $3 ,752 ,000 $938,000 New York New York C ity $17 8,123 ,000 $178,123 ,000 $76,930,000 $255 ,053 ,000 $63,763,250 Area North Carolina Charlotte Area $2,837 ,000 $2,837,000 $5 472,000 $8,309,000 $2,077,250 North Dakota $3,752,000 $3 ,752,000 $938,000 Northern $857,600 $85 7,600 $2 14,400 Mariana Is land s Ohio C levela nd Area $2,837,00 0 $2,837,000 $7,681 ,0 00 $1 0,518,000 $2,629,500 Oklaho ma $3,752,000 $3,752,000 $938,000 Oregon Portland Area $2,837 ,000 $2,837,000 $3 ,822,100 $6,659 ,100 $1 ,664,775 Phi Ia del phi a $17,763,000 Pennsy lvania Area $20,600,000 $10,037 ,500 $30,637 ,500 $7,659,375 P itts burg h Area $2,837,000 Puerto Rico $3,752,000 $3 ,752,000 $938,000 Rhode Is land $3 ,752,000 $3,752,000 $938 ,000 South Carol ina $3 ,752 ,000 $3 ,752 ,000 $938 ,000 South Dakota $3,752 ,000 $3,752 ,000 $938 ,000 Tennessee $3,962,000 $3 ,962,00 0 $990,500 Da ll as/Fort Worth/ Arlington $14,802,000 Texas Area $38,995 ,000 $2 1 ,481 ,000 $60,476,000 $15,11 9,000 Hous ton Area $23,193,000 San Antonio $1,000,000 Area U .S. Vi rg in $857,600 $857 ,600 $214,400 Is lands Ut ah Salt Lake C ity $1,000,000 $1,000,000 $3,752,000 $4,752 ,000 $1 '188 ,000 Area Vermont $3,752,000 $3 ,752,000 $938,000 Virginia Hamp ton R oads $1 ,000,000 $1,000,000 $7,428,500 $8,428,500 $2,107 ,125 Area Was hington Seattle Area $5 ,180,000 $5,180,000 $6 ,476,000 $1 I ,656 ,000 $2 ,914,000 West V irgi ni a $3,752,000 $3 ,752 ,000 $938,000 Wi scons in $3 ,962 ,000 $3 ,962,000 $990,500 Wyo ming $3 ,752 ,000 $3 ,752 ,000 $938 ,000 Total 580,000,000 580 000,000 402,000,000 982,000,000 245 500,000 Page 37 of 86 Appendix A -FY 2017 HSGP Program Allocations 236 FY 2017 OPSG Eligible States and Territo ri es States and Tet·ritories I A labama Massachusetts Pennsylvania Alaska Michigan Rhode Island Arizona Minnesota South Carolina California Miss issippi Texas Connecticut Montana Vermont De laware New Hampshire Virginia Flor ida New Jersey Washington Georgia New Mexico Wisconsin Hawaii New York Puerto Rico Idaho North Carolina U.S. Virgin Islands Louisiana North Dakota American Samoa Maine Ohio Guam Maryland Oregon Northern Mariana Islands Note: Not all applicants are guaranteed to receive funding under the FY 2017 OPSG. Page 38 of86 Appendix A -FY 201 7 HSGP Program Allocations 237 Appendix B-FY 2017 HSGP Program Priorities Alignment of HSGP to the National Preparedness System The Nation uses the National Preparedness System to build , sustain, and deliver core capabilities in order to achieve the National Preparedne ss Goa l (the Goal). The Goal is "a se cure and resilient Nation w ith the capabilities required across the whole community to prevent, protect against, mitigate, respond to , and recover from the threats and hazard s that po se the greatest risk." The objective of the National Preparedness System is to faci li tate an integrated , whole community, risk-informed, capabi liti es-based approach to preparedness. Complex and far - reaching threats and hazards require the engagement of individuals , families , communities, private and nonprofit sectors, faith-ba sed organizations, and all levels of government (http://-..vww.fema.gov /who le-community). Recipients will use the components of the National Preparedness System to su pport building, sustaining , and delivering these core capabilities. The components of the National Preparedness System are: Identifying and Assessing Ri sk; Estimating Capability Requirement s; Building and Sustaining Capabilities; Planning to Deliver Capabi lities; Validating Capab iliti es; and Reviewing and Updating. Additional information on the National Preparedness System is available at http://www.fema.gov /nati ona l-preparedness-sys tem. The FY 20 17 HSGP contributes to the implementation of the Nat iona l Preparedness System by financially support in g the abi lity of States and loca l jurisdictions to build , sustain , and deliver core capabilities identifi ed in the Goal. The HSGP's allowab le costs support efforts across the Prevention, Protection, Mitigation, Re spon se, and Recovery mission areas . A key focus and requirement of the HSGP is to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest ri sk to the sec urit y of the United States, and the greatest risks along the Nation's Borders. When applicable, funding should support deployable assets that can be used anywhere in the Nation through automatic assistance and mutual aid agreements , including but not limi ted to the Emergency Management Assistance Compact (EMAC). Recipients are ex pected to consider nation a l areas for improvement identified in the 2016 National Preparedness Report as they relate to terrorism preparedne ss. They in clude cybersecurity; economic recovery; housing ; infrastructure systems; natural and cultural resources; and supply chain integrity and security. Address in g these areas for im provement will enhance preparedness nation-wide. Minimum funding amounts are not prescribed by the Department for these priorities; however, recipients are expected to supp o rt state , local , re g ional , and national efforts in achieving the des ired o utcome s of these priorities. In addition, DHS /FEMA requires recipients to prioriti ze grant fundin g to address capability gaps identified t hroug h the THIRA and SPR process . These assessments identify the jurisdictio n's capability targets , curre nt ability to meet th ose targets, and capab ility gaps. Rec ip ients must prioriti ze grant funds to address hi gh-priority core capabilit ie s with low capability level s. The FY 2017 HSGP s upports investm ents that improve the ability of juri sdict io ns nati o nwid e to: Page 39 of86 Appendix B -FY 20 17 HSGP Program Priorities 238 • Prevent a threatened or an actual act of terrorism; • Pro tect citizens, residents , visitors, and assets against the greatest threats that pose the greatest risk to the security of the United States; • Mitigate the loss of life and property by lessening the impact of future catastrophic events; • Respond quickly to save lives , protect property and the environment, and meet basic human needs in the aftermath of a catastrophic incident; and/or • Recover through a focus on the timely restoration , strengthening, accessibility and revitalization of infrastructure, housing, and a sustainable economy, as well as the health, social, cultural , historic, and environmental fabric of communities affected by a catastrophic incident; and do so in a manner that engages the whole community while ensuring the protection of civil rights. The core capabilities contained in the Goal are highly interdependent and require the use of existing preparedness networks and activities, improved training and exercise programs, innovation, and appropriate administrative, finance , and logistics systems. Reporting on the Implementation of the National Preparedness System Identifying and Assessing Risk and Estimating Capability Requirements States, territories, and Urban Areas should review and , if necessary, revise and update their THIRAs on an annual basis. A single THIRA submission will support multiple grant awards received by a jurisdiction. This submi ss ion is valid for the entire PoP ofthe individual grant award(s). The THlRA, a four-step risk assessment process, provides a comprehensive approach for identifying and assessing risks and associated impacts. It expands on existing local , tribal, territorial , and state Hazard Identification and Risk Assessments (HIRAs) and other risk methodologies by broadening the fact o rs considered in the process, in corporating the whole community throughout the entire process, and by accounting for important community-specific characteristics. CPO 201, Second Edition is avai lable at http://W\vw .fema.gov/threat-and- ha zard-identificati o n-and-risk-a ssessment. In s tep four of the THIRA process, a jurisdiction estimates the resources required to deliver the capability targets set in their THIRAs. Communities express resource requirements as a list of whole community resources needed to successfully achieve their capability targets. Each jurisdiction should decide which combination of resources is most appropriate to achieve its capability targets. The SPR is an annual self-assessment of state preparedness submitted by the 56 States and territories to DHS/FEMA. The Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA) requires an SPR from any state or territory rece iving Federal preparedness assistance administered by the Department of Homeland Security. Reporting • Urban Areas should review and, if necessary, revise and update their THIRAs on an annual bas is. UASis should submit their updated THIRAs to the designated SAA. THIRA updates should be in alignment with CPO 201 , Second Edition . Page 40 of86 Appendix B -FY 2017 HSGP Program Priorities 239 Urban Areas should coordinate internally to ensure THIRAs represent all jurisdictions within the Urban Area. o For FY 2017, if any updates are made to an Urban Area THIRA, Step 4 of the THIRA should be completed for all Response and Recovery core capabilities, including the core capabilities common to multiple mission areas. • States and territories should review and , if necessary, revise and update their THIRAs on an annual basis. States and territories should submit their THIRA updates along with their annual SPR through the URT and email a copy of the URT submission to their respective FEMA Regional Federal Preparedness Coordinator (refer to the FEMA Region websites above) and copy fema- s pr@ fema .d hs .gov . THIRA s ubmissions should be in alignment with CPO 201, Second Edition. o For FY 2017, SHSP recipients should complete Step 4 of the THIRA for all Response and Recovery core capabilities, including the common core capabilities for those mi ss ion areas . • States and territories must submit their SPRs to FEMA no later than December 31 each year. SAAs should coordinate with eligible Urban Areas in advance of this deadline to include the Urban Area's input when conducting the statewide SPR assessment. Building and Sustaining Capabilities States are required to prioritize grant funding for building and s ustaining capabilities in areas with capability gaps iden t ified through the THIRA and SPR process. Reporting • In each HSGP recipient's BISR, as part of programmatic monitoring, recipients will be required to describe how expenditures support maintenance and sustainment of core capabilities. HSGP recipients will, on a project-by-project basis, check one of the following: -Building a capability acquired with HSGP funding; or -Sustaining a capability acquired with HSGP funding. NIMS Implementation Recipi e nts rece iving HSGP funding are required to implement NIMS. N IMS defines a national, interoperable approach for s harin g resources, coordinating and ma nagin g incidents, an d communicating information. Incident management refers to how incidents are managed across all homeland security activities, including prevention, protection, mitigation, response, and recovery. FY 2017 HSGP recipients must use standardized resource manage ment concepts for resourc e typing, credentialing, and an inventory to facilitate the effective identification, dispatch, deployment, tracking and recovery of resources. Reporting • Recipients report o n NIMS implementation through the URT. Page 41 of86 Appendix 8 -FY 2017 HSGP Program Priorities 240 Fusion Centers DHS h as identified state and maj or Urban Area f us ion centers as a critical component of our Nati on 's distributed ho meland security and counterterrorism arc hitecture . T hey provide grassroots intelligence a nd analytic capabilities within the state a nd local jurisdiction (http://www.dhs.gov/s tate-and-ma jor-urban-area-fu s io n-centers ). To that end, DHS/FEMA preparedness g rants will continue to support designated state and maj o r Urban A rea fusion centers (http://www.dh s .gov/fu sio n-c e nte r-locati o ns-and-co ntact-inform a ti on) and the maturation of the Info rmati o n Sharing E nviro nment (ISE). The nati onal network of fusion centers (National Network) provi des a mechani s m for the Federal Government to receive information from state, local, tribal, and territory partners, which helps create a more complete threat picture at the National leve l. Participating in the Nationwide Suspicious Activity Repo rting (SAR) Initiative enables fusion centers to receive and analyze s usp ici ous activ ity reporting from frontli ne public safet y personne l, the private sector, and the public, and e nsure the sharing of SAR with the Federal Bureau oflnvestigation 's Joint Terrorism Task Forces for f urther investi gati o n. In support of thi s strateg ic vision, the DHS/FEMA is requiring des ignated state and major U rb an Area fusion centers t o participate in an annual assessment of the ir performance . As maturation of the Nati onal Network continues to be a hi g h-pri ority in F Y 201 7 , DHS/FEMA is requiring that a ll f us io n center-re lated f undin g requests be consolidated into a s ingl e (1) investment for states or Urban Areas in which designated fusion centers reside. The single in vestment prov id es states a nd Urban Areas a means to centra ll y manage and report o n fus ion center related activities. Recipients must coordinate with the fusion center when developing the fusion center investment prior to application submission . T he fus io n center must utili ze its individual assessment data when de ve lo ping the in vestment. Each proposed project included in the fusion center inve stment must align to , a nd refere nce, specific perfo rmance areas of the Assessment that the funding is inte nded to s upport . Additionally, a ny jurisdiction or agency that leverages HS GP f unds to s upport inte lli gence -or f usio n process-re lated activ iti es (e.g., intelligence unit, real tim e crime inform ation a nd analysis centers) must e ns ure efforts a re integrated a nd/or coordi nated wi th the state or major Urban Area f us io n center(s). State and major Ur ban Area fusion centers rece iving SHSP and/or UASI grant fund s will be evaluated based on compliance with the gu idance and re qu ireme nt s for the National Network as set forth by DHS I&A through the annual Fusion Center Assessment. • FY2017 Fusion Ce nter G rant requirements are li sted at http://www .dh s.gov /home la nd- security-grant-pro gra m-h sgp. • DHS/FEMA approved a nal yst courses that meet the grant requirement are li sted at http://www.dh s.gov/fema-a pproved-inte lli ge nce -a na lys t-train ing-co urses. Through the PPR, fusion centers will report on the compliance w ith meas urement require ments within the fus ion centers pri ority thro ugh the a nnual Fusion Center Assessment m a naged by DHS l&A and reported to FEMA . Page 42 of 86 A ppendix B -FY 2017 HSGP Program Priorities 241 Planning to Deliver Capabilities Recipients shall develop and maintain, jurisdiction wide, all threats and hazards EO Ps consistent with CPG 101 v .2. Recipients must update their EOP at least once every two years. Reporting • Recipients report EOP compliance with CPG 101 v2 in the URT. Validating Capabilities Recipients should engage elected and appointed officials and other whole community stakeh o lders to identify long-term training and exercise priorities. These priorities must address capability targets and gaps identified through the annual THIRA and SPR processes, areas for improvement identified from real-world events a nd preparedness exercises, and national areas for improvement identified in the most recent NPR. Recipi e nts should document these priorities and use them to deploy a schedule of exercise events and supporting training activities in a Multi-Year Training and Exercise Plan (TEP). Information related to Multi-year TEPs and Training and Exercise Planning Workshops (TEPWs) can be found on the Homeland Security Exerci se and Evaluation Program (HSEEP) website at https://www.fema.gov/e xercis e. All recipients will develop and maintain a progressive exercise program consistent with HSEEP. A progressive, multi-year exercise program is a series of increasingly complex exercises linked to a set of common program priorities with each s ucce ssive exercise building upo n the previous one until proficiency is achieved. The NEP serves as the principal exercise mechanism for examining national preparedness and measuring readiness. Recipients are strongly encouraged to nominate exercises into the NEP. For additional information on the NEP, please refer to http ://www.fema.gov /natio nal-exercise- program. Reporting • Recipients are required to develop a Multi-year TEP that identifies training and exercise priorities and activities. The Multi-year TEP s hall be submitted to hseep@ fe ma.dh s.gov no later than 90 days after the completion of the TEPW. • Rec ipients are required to submit either one After Action Report/Improvement Plan (AAR/IP) for each HSGP-funded progressive exerci se series; or individual AAR/IPs for each HSGP-funded exercise to hsee p@ fema .dhs .gov no more than 90 days after completion of the exercise. • Recipients are reminded of the importance of implementing corrective actions iteratively throughout the progressive exercise cycle. Recipients are encouraged to use the HSEEP AAR/IP template located at http s ://www.fema.gov/exerci se. Page 43 of86 Appendix B -FY 2017 HSGP Program Priorities 242 Supplemental SHSP Guidance Governance In keeping with the guiding principles of governance for all DHS/FEMA preparedness programs, recipients must coordinate activities across preparedness disciplines and le vels of government, including state, territorial, local, and tribal governments. A cohesive planning framework s hould incorporate DHS /FEMA resources, as well as those from other Federal , state, local, tribal, territorial, private sector, and faith-based community organizations. Specific attention should be paid to how available preparedness funding sources can effectively support a whole community approach to emergency preparedness and management and the enhancement of core capabilities. To ensure this, the SAA must establish or reestablish a unified Senior Advisory Committee (SAC). Senior Advisory Committee (SAC) The SAC builds upon previously established advisory bodies under HSGP (including the SHSP and UASI programs), Nonprofit Security Grant Program (NSGP), Transit Security Grant Program (TSGP), and Port Security Grant Program (PSGP). Examples of advisory bodies that s hould be included o n the SAC include: Urban Area Working Groups (UAWGs), Statewide Interoperability Governing Board (SIGB), Area Maritime Security Committees (AMSCs), Regional Transportation Security Working Groups (RTSWGs), Citizen Corps Whole Community Councils, Disability Inclusion Working Groups, and C hildre n's Working Groups. SAC membership shall include at le ast one representative from relevant stakeho ld ers including: • Individuals from the counties, cities, towns , and Indian tribes within the State or high-risk urban area, including, as appropriate, representatives of rural, high-population, and high- threat jurisdictions; • UASI-funded Urban Areas; • Citizen Corps Whole Community Councils; • Local or tribal government officials; • Tribal organizations; • Emergency response providers, including representatives of the fire service, law enforcement, emergency medical services , and emergency managers ; • Public health officials and other appropriate medical practitioners; • Individuals representing educational institutions, including e lementary schools, community colleges, and other in stitut io ns of higher education; • State and regional interoperable communications coordinators, as appropriate; • State and major urban area fusion centers, as appropriate; and • Non-profit, faith based, and other vo lunt ary organ izations such as the American Red Cross. SACs are encouraged to develop subcomm ittee structures, as necessary, to add re ss issue-or re g ion-s pecific considerations. Page 44 of86 Appendix B -FY 20 17 HSGP Program Priorities 243 The resp o nsi bil ities of a SAC include: • Inte g ratin g prepa redne ss activ itie s across disciplines, the private sector, non-profit organizations, faith -based and community organizations, and all levels of government, including local, state, tribal, and territorial, w ith the goal of maximizing coordination and reducing duplication of effort; • C reating a cohesive pl annin g network that builds and implements pre paredness initi ativ es using DHS/FEMA resources , as well as other Federal, state, local, triba l, territorial, local, private sector, and fait h-based community re sources ; • Management of a ll available preparedne ss fundi ng sources to ensure their effect ive use of and to minimize d uplicatio n of effort; • E ns uring applications fo r SHSP and UAS I funds align w ith the capability gaps id entified in the THIRA a nd SPR; • Assist in preparation and revision of the State, regional, or local homeland security plan or the threat and hazard identification a nd ri sk assessment, as the case may be; and • Assist in determining effective fundi n g priorities for SHSP grants. SAC Composition and Scope 1. Membership. The SAC must include who le community intrastate and in te rstate partners as a pplicab le and have balanced representation among e ntiti es w ith operatio na l responsibil itie s for terrorism/disaster prevention, protection, mitigation, response, and recovery activities within the state, and include re presentation from the stakeholder groups and di sciplines identified above. The membership of the SAC must reflect the threats and hazards identifi ed in the state's THIRA as we ll as each of the core cap a bilities, in particular those core capabilities iden ti fie d as having large capab ility gaps identified in the state's most recent SPR. SAAs w ill use the URT to verify compliance of SAC charter requirements. Further, the SAC mu st include representatives that were inv o lved in the production of t he state's THIRA and represent the interests of the five mission areas as outlined in the Goal. The above membership requirement does not prohibit states , Urban Areas, regional transit and port entities, or other recipi ents of DHS/FEMA preparedness fund ing from retaining their existing structure under separate program s; however, at a minimum, thos e bod ies must s upport and feed into the larger SAC. The composition , structure and charter of the SAC s hould reflect this focus o n building core capabilities, in stead of simply joining previously existin g advisory bodies un der other grant programs. The SAA must ensure that appropriate representation from defined UASI-f unded Urban Areas is included on the SAC. DHS/FEMA strongly encourages that, wherever possible, previous ly est ablished local workin g g ro ups be le veraged fo r this purpose to ensure that UAS I resources are managed in the m ost efficie nt and effective m anner poss ible . The UA WG s ho uld also s upport state efforts to develop the THIRA and SPR, particularly as it rel at es to UAS I activ ities. Page 45 of86 Appendix B-FY 2 017 HSGP Program Priorities 244 For designated Urban Areas, the SAA POCs are responsible for identifying and coordinating with the POC for the UAWG , who should be a member of the SAC. The POC's contact information must be provided to DHS/FEMA with the grant application. SAAs must work with exi sting Urban Areas to ensure that information for current POCs is on file with DHS/FEMA. Finally, DHS/FEMA recommends that organizations advocating on behalf of youth, older adults and individuals with disabilities, individuals with limited English proficiency and others with access and functional needs, socio-economic factors and cultural diversity, be invited to participate in the SAC. 2. Collaboration with state agencies and other stakeholder organizations. Program representatives from the following entities should be members of the SAC (as applicable): State Primary Care Association, State Homeland Security Advi sor (HSA) (if this role is not also the SAA), State Emergency Management Agency (EMA) Director, State Public Health Officer, State Public Safety Officer (and SAA for Justice Assistance Grants, if different), State Coordinator for DoD I 033 Program , State Court Official, State Emergency Medical Services (EMS) Director, State Trauma System Manager, Statewide Interoperability Coordinator, State Citizen Corps Whole Community Council, the State Emergency Medical Services for Children (EMSC) Coordinator, State Education Department, State Human Services Department, State Child Welfare Services, State Juvenile Justice Services, Urban Area POC, Senior Members of AMSCs, Senior Members of the RTSWG, Senior Security Officials from Major Transportation Systems, and the Adjutant General. Senior Advisory Committee Charter The governance of the SHSP and UASI programs through the SAC should be directed by a charter. All members of the SAC should sign and date the charter showing their agreement with its content and their representation on the Committee. Revisions to the governing charter must be sent to the recipient's assigned FEMA HQ Program Analyst. The SAC charter must at a minimum address the following: • A detailed description of the SAC 's composition and an explanation of key governance processes, including how the SAC is informed by the state 's THIRA and SPR data reflecting capability gaps and the approach to address gaps in core capabilities; • A description ofthe frequency at which the SAC will meet ; • How the committee will leverage existing governance bodies; • A detailed description of how decisions on programmatic priorities funded by SHSP and UASI are made and how those decisions will be documented and s hared with its members and other stakeholders, as appropriate; and • A description of defined roles and responsibilities for financial decision making and meeting administrative requirements. To ensure ongoing coordination efforts, SAAs are encouraged to share community preparedness information submitted in the state's BSIR with members of the SAC. SAAs are al so encouraged to share their THIRA and SPR with members of the SAC applying for other FEMA preparedness Page 46 of86 Appendix B -FY 20 17 HSGP Program Priorities 245 grants in order to enhance their understanding of statewide capability gaps . The charter should be made avai lable upon request to promote transparency in deci sio n-making rel ated to HSGP activi ti es . To manage thi s effort and to further reinforce collaborati on and coordination across the stakeholder commun ity, a portion of the 20 percent (2 0%) ho ldba ck of a state or territo ry award may be utili zed by the SAA for the purpo se of supporting the SAC and to ens ure repre sentation and act iv e participation of SAC members. Funding may be used for hiring and tra ining planners, establishing and maintainin g a program management structure, identifying and ma na gi ng projects, condu cting re search nece ss ary to inform the planning process, and de ve loping plans that bridge mech anism s, documents, protoco ls, and procedures. SAAs will use th e URT to verify compliance of SAC charter requirements. Supplemental UASI Guidance The UASI pro gram is inte nded to provide financial assis tance to add re ss the unique multi- di sc ipline planning, organization, equ ipm ent, training , and exerci se need s of high-threat, high- densit y Urban Areas , and to assist these areas in building and sustaining capabilities to prevent, protec t against, mitigate, re spond to, and rec ove r from threats or acts of te rrorism using the who le comm uni ty approach. Urban Areas must use UA SI f und s to employ regional app roaches to overa ll preparedness and are encouraged to adopt reg ional re spo nse structures whenever appropriate. UA SI program implementation and governance mu st include regi onal partners and should have balanced representation among entities wit h operational res pon sibilitie s fo r prevention , protection, mitigation , re spo nse, and recov ery activities within the reg ion. In so me instances, Urban Area boundaries cross state borders. States mu st ensure that the identified Urba n Areas take an inclu sive regional approac h to the development and implementation of the UAS I program and inv olve the contiguous jurisdictions , mutual aid partner s, port authorities, rail and tran sit auth or iti es, state agencies, state-wide Intero perability Coord inators, Citize n Corps Whole Commun ity Co uncil(s), and campus law enforc ement in th ei r program ac tivities. Composition Pursuant to prov is io ns of the Homeland Security Act of2002, as amended, eligible Urban Areas were determined based on an analysis of re lative risk of the 100 most pop ul ous Metropolitan Statistical Areas (MSAs), as defined by the Office of Management an d Budget (O MB). MSA s are used by DHS /FEMA to determine e li gibi lity for participati o n in the program . Geographica l areas qu eried do not equate to minimum mandated membership represe ntatio n of an U rban Area, nor does thi s guarantee funding for geographical areas qu eried. UA WGs mu st continue to take a re gional approach to membership but are not required to expand or contract existing Ur ban Area parti ci pation to conform to MSA composition . Detailed informati o n on MSAs is publicl y ava ilable from the United States Census Bureau at http:/ /·www .cens us.gov /po pu latio n/www/metroareas/metrodef.html. UASI Program Requirements The SAA wi ll be resp o ns ible for en surin g comp li ance with the fiduciary and programmatic administ ration requirements ofthe UASl program. Page 47 of86 Append ix B -FY 2017 HSGP Program Priorities 246 • Identify POCs. The SAA must confirm a s pecific POC with the designated U rban Area. The SAA POCs are responsible for identifyi ng and coordinating with the POC for the UA WG. This information must be provided to DHS/FEMA with the grant application. SAAs must work with ex isti ng Urban Areas to ensure that information for current POCs is on file w ith DHS/FEMA. • Define the Urban Area. The SAA POC, in coordination with the candidate Urban Areas, mu st define the Urban Area, as it will apply to the UASI program. The identified c ity or combined entity represents the candidate Urban Area eligible to apply for funding under the UAS I program . For those Urban Areas with a combined entity, that area repres ents the min imum area that must be part of the defined Urban Area. The definition of the U rban Area is limited to jurisdictions contiguous to the geographic area used to determine eligibility, or those jurisdicti ons in that area which have established formal mutual aid agreements. States may reque st a waiver for this limitati o n for regions previously established by Executive Order, law, or compact. For the purposes of the UASI program , the Washington, D.C. Urban Area will consi st of the National Capital Region (NCR) as set forth in 10 U.S.C. §2674(f)(2). In coordination with the SAA, the UA WG may redefine the geogra phic boundaries of an existing Urban Area through the addition of jurisdictions to the UA WG, as it will apply to the UASI program . The SAA POC must notify DHS/FEMA of this change. Establish the UA WG. Membership in the UA WG must provide e ith er direct or indirect representation fo r all relevant jurisdictions a nd response disciplines (including law enforcement, fire service, EMS, and emergency management) that comprise the defined Urban Area. It must also be inclusive of local Whole Community Citizen Corps Council and tribal representatives. The UA WG s hould also include at least one representative from each of the following s ignificant stakeho lders: • Local or tribal government offic ials; • E m ergency response providers , which shall include representatives of the fire service, law enforcement, emergency medical services, and emergency managers; • Public health official s a nd other appropriate medical practit io ners; • Individuals representing educational instituti o ns , including elementary schoo ls, community colleges, and other in stitutions of higher educa ti o n ; • State and regional intero perable communications coordinators, as appropriate; and • State and major urba n area f us ion centers , as appropriate. Members of the UA WG shall be a representative g roup of indi viduals from the counties, cities, towns, and tribes w ithin the State or high-ri sk urban area, including, as appropriate, repre sentatives of rural , high-population, and hi gh-threat jurisdictions. • In addition, the UA WG should include officials re s pons ible for the administration of Centers for Disease Control and Prevention (CDC) and Assistant Secretary for Preparedness and Respo n se 's (ASPR) cooperative agreements. Finally, it must be inclusive of members advocating on be half of youth, older adults, individuals with Page 48 of86 Appendix B-FY 2017 HSGP Program Priorities 247 disa bilities, individuals with limited English proficiency and others with access and functional needs, socio-economic factors and cultural diversity. The SAA POC must ensure that appropriate representation for the defined Urban Area is included per this gu idance. DHS/FEMA strongly encourages that, wherever possible, previous ly established local working groups should be leveraged for this purpose to ensure that UASI funded resources are managed in the m ost efficient and effective manner possible. The UA WG s hould support state efforts to develop the SPR, particularly as it relate s to UASI funded activities. UASI recipients can complete an SPR on a voluntary basis and should coordinate with the respective state(s). Completing an SPR helps to identify capability gaps and to prioritiz e investments required to reach the THIRA targets , re s ulting in a stronger inve stment justification. • Governance. The jurisdictions identified in Appendix A -FY 2017 Pro gra m Al locations represent the candidate Urban Areas eligible to apply for funding. The UA WG will be responsible for coordinating the development and implementation of a ll program initiatives. States and Urban Areas must cons ider including co unties within which the cities reside, contiguous jurisdictions, MSAs, operati onal areas, and mutual aid partners , as appropriate, in the governance process. In keeping with sound project manage ment practices, the UA WG must ensure that its approach to critical iss ues such as membership, governance structure, voting rights , grant management and administration responsibilities, a nd funding allocation methodologies are formali z ed in a working group charter or other form of standard o p e rating procedure related to the UASI program governance. The charter must a lso outline how decisi o ns made in UA WG meetings will be documented and shared with U A WG members . The UA WG charter must be on file with DHS/FEMA prior to drawing down UAS I funding and must be available to all UA WG members to promote transparency in decision- making related to the UASI program. UASis will use the URT to verify UAWG structure and membership. Urba n Areas mu st notify the SAA and FEMA HQ Program Analyst of any updates to the UA WG structure or m e mbers hip. • Develop Urban Area THIRA. As a result of the improved governance process and the rati o nale for maintaining and sustaining existing capabilities and the develo pment of new capabilities, members of the UA WG s hould be involved in the development of an U rban Area THIRA coordinated with the state THIRA and SPR, and su bsequent updates. UA WGs must ensure that applications for funding under the UASI Program align with the capability gaps identified in the Urban Area THIRA. • Allocation of Funds. The use and allocation of all grant funds available through the UAS I program must focus on the investm e nts identified in t he Urban Area's IJ and investments in building capabilities should focus on resource req uir ements identified in the THIRA to the extent practicable. The use of funds must also be consistent with overall UA SI pro g ram guidelines, the National Preparedness System, a nd must devel o p Page 49 of 86 Appendix B -FY 2017 HSGP Program Priorities 248 or sustain one or more core capabilities in the Goal. Funds used to support whole community and individual preparedness related efforts, such as engaging non- governmental organizations demonstrating the integration of children, individuals with disabilities or access and functional needs, limi ted English proficiency, and individuals from underserved socio-economic populations in all phases of emergency management, participation of disaster volunteers, such as Community Emergency Response Teams (CERTs) in training, exerc ises and response and recovery operations, and educating the public shou ld be coordinated with local CERT programs and/or Citizen Corps Whole Community Councils. The UA WG, in coordination with the SAA POC, must develop a methodology for allocating fund in g availab le through the UASI program. The UA WG must reach consensus on all UASI funding allocations. If consensus cannot be reached within the 45-day time period a ll otted for the state to obligate funds to sub-rec ip ients, the SAA must make the allocation determination. The SAA must provide written documentation verifying the consensus of the UA WG, or the failure to achieve otherwise, on the allocation of funds and submit it to DHS/FEMA immediately after the 45 -day time period allotted for the state to obligate funds to sub-rec ipi ents. Any UASI funds retained by the state must be used in direct support of t he Urban Area. States must provide documentation to the UA WG and DHS/FEMA upon request demonstrating how any UASI funds retained by the state are directly supporting the Urban Area. If the SAA intends to retain any UAS I funds, the SAA must prepare an investment that demonstrates how the retained funds will be used to directly support the designated Urban Area in the state. This investment should be included in the designated Urban Area's IJ. Supplemental SHSP and UASI Guidance Collaboration with Other Federal Preparedness Programs DHS/FEMA strongly encourages states, Urban Areas, and regions to understand other federal preparedness programs in their jurisdictions and to work with them in a collaborative manner to leverage all avai lable resources and avoid duplicative activities. For example, the U.S. Department of Health and Human Services (HHS) has two robust preparedness programs- Centers Disease Control and Prevention (CDC) Public Health Emergency Preparedness (PHEP) cooperative agreement program and Assistant Secretary fo r Preparedness and Response's (ASPR) Hospital Preparedness Program (HPP) cooperative agreement program -that focus on preparedness capabilities. CDC's 15 public health preparedness capabilities and ASPR's eight healthcare preparedness capabilities serve as operationa l components for many of the core capabilities, and collaboration with the PHEP directors and HPP coordinators can build capacity around shared interests and investments that fall in the scope of these HHS cooperative agreements and the HSGP. States a nd Urban Areas shou ld coordinate among the entire scope of federal partners, national initiatives and grant programs to identify opportunities to leverage resources when implementing their preparedness programs. These may include but are not limited to: Medical Reserve Corps; Emergency Medical Services for Children grants; ASPR HPP; CDC PHEP; CDC Cities Readiness Initiative; Strategic National Stockpile Programs; Page 50 of86 Appendix B -FY 2017 HSGP Program Priorities 249 EMS; Department of Justice grants; the Department of Defense 1033 Program ; and NPPD/Office of Infrastructure Protection 's Regional Resilience Assessment Program (RRAP). However, coordination is not limited to grant funding. It also includes leveraging assessments such as TSA's Baseline Assessment and Security Enhancement (BASE); reporting from the Intelligence Community, risk information such as U.S. Coast Guard's Maritime Security Risk Analysi s Model (MSRAM), and USBP Sector Analysi s . Each SHSP and UASI funded investment that addresses biological risk, patient care or health systems preparedness should be implemented in a coordinated manner with other Federal programs that support biological and public health incident preparedness such as those administered by the HHS ASPR, the CDC, and the U.S. Department of Transportation's (DOT) National Highway Traffic Safety Administration. Federal agencies participating in the Emergency Preparedness Grant Coordination process are working to identify current preparedness activities and areas for collaboration across federal grants with public health and healthcare preparedness components. The participating federal agencies include: • Department of Health and Human Services (HHS) Assistant Secretary for Preparedness and Response (ASPR) • Department of Homeland Security (DRS) Federal Emergency Management Agency (FEMA) • HHS Centers for Disease Control and Prevention (CDC) • HHS Health Resources and Services Administration (HRSA) • Department of Transportation (DOT) National Highway Traffic Safety Administration (NHTSA) Federal agencies are activel y coordinating guidance and technical assistance and encourage all recipients to actively coordinate preparedness activities for their jurisdictions. More information on the Emergency Preparedness Grant Coordination process can be found at http ://www.fe ma .go v/me dia-l ibrar y/asse ts/docum ents/11 44 11. Ensuring the Protection of Civil Rights As the Nation works towards achieving the Goal it is important to continue to protect the civil rights of individuals. Recipients mu st carry out their programs and activities, including those related to the building, sustainment, and delivery of core capabilities, in a manner that respects and ensures the protection of civil rights for protected populations . These populations include, but are not limited to individuals with disabilities and others with access and functional needs, individuals with limited English proficiency, and other diverse racial and ethnic populations in accordance with Section 504 of the Rehabilitation Act of 1973 , Title VI of the Civil Rights Act of 1964, and related statutes. The DHS Standard T e rms and Conditions includes the civil rights provisions that apply to recipients. These terms and conditions can be found at DHS Sta nda rd Term s and Cond it io n s . Additi o nal information on civil rights provisions is available at: htt p://www.fema.gov/o ffice -equa l-ri ghts . Page 51 of86 Appendix B -FY 2017 HSGP Program Priorities 250 Collaboration with Nonprofit Organizations SHSP and UASI recipients are encouraged to work with the nonprofit community to address terrorism and all hazards prevention concerns, seek input on the needs of the nonprofit sector, and support the goals of their investments. Collaboration with Tribes DHS/FEMA strongly encourages states, Urban Areas, and regions to work with tribal nations in overall initiatives such as whole community preparedness and emergency management planning. Multiple Purpose or Dual-Use of Funds For both SHSP and UASI, many activities which support the achievement of target capabilities related to terrorism preparedness may simultaneously support enhanced preparedness for other hazards unrelated to acts of terrorism. However, all SHSP and UASI funded projects must assist recipients and sub-recipients in achieving target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism. Improving Cybersecurity When requesting funds for cybersecurity, applicants are encouraged to propose projects that would aid in implementation of all or part of the Framework for Improving Critical Infrastructure Cybersecurity ("The Framework") developed by the National Institute of Standards and Technology (NIST). The Framework gathers existing international standards and practices to help organizations understand, communicate, and manage their cyber risks. For organizations that do not know where to start with developing a cybersecurity program , the Framework provides initial guidance. For organizations with more advanced practices, the Framework offers a way to improve their programs, such as better communication with their leadership and suppliers about management of cyber risks. The Department of Homeland Security's Critical Infrastructure Cyber Community C 3 Voluntary Program also provides resources to critical infrastructure owners and operators to assist in adoption of the Framework and managing cyber risks. Additional information on the Critical Infrastructure Cyber Community C3 Voluntary Program can be found at www.dhs.gov/ccubedvp. The Department of Homeland Security's Enhanced Cybersecurity Services (ECS) program is an example of a resource that assists in protecting U.S.-based public and private entities and combines key elements of capabilities under the "Detect" and "Protect" functions to deliver an impactful solution relative to the outcomes of the Cybersecurity Framework. Specifically, ECS offers intrusion prevention and analysis services that help U.S.-based companies and state, local , tribal , and territorial governments defend their computer systems against unauthorized access, exploitation, and data exfiltration. ECS works by sourcing timely, actionable cyber threat indicators from sensitive and classified Government Furnished Information (GFI). DHS then shares those indicators with accredited Commercial Service Providers (CSPs). Those CSPs in turn use the indicators to block certain types of malicious traffic from entering a company's networks . Groups interested in subscribing to ECS must contract directly with a CSP in order to receive services. Please visit http://www.dhs.gov/enhanced-cybersecurity-services for a current list of ECS CSP points of contact. Page 52 of86 Appendix B -FY 2017 HSGP Program Priorities 251 Mass Casualty Incident Preparedness and Individual Preparedness Although the Citizen Corps Program (CCP) and Metropolitan Medical Response System (MMRS) are no longer funded as discrete grant programs within HSGP, SAAs may include Us funding to support CCP and MMRS activities/programs. Activities funded under these projects must meet the allowability requirements of the SHSP and UASI programs. The following coordination requirements will remain in place for proposed activities that support mass casualty incident preparedness, as well as citizen preparedness. Mass casualty preparedness must be conducted in collaboration with state/city/local health departments that administer federal funds from HHS to enhance the integration of local emergency management, public health, emergency medical services, and health care systems into a coordinated, sustained local capability to respond effectively to a mass casualty incident or a response to catastrophic events and acts of terrorism. The Federal Interagency Committee on Emergency Medical Services (FICEMS) has recommended that State and local EMS systems improve their mass casualty incident triage capabilities through adoption of triage protocols and systems that are based on the Model Uniform Core Criteria. Recipients must also demonstrate how their investments will increase the effectiveness of emergency preparedness planning and response for the whole community by integrating and coordinating activities including_under- represented diverse populations that may be more impacted by di sasters including children, seniors, individuals with disabilities or access and functional needs, individuals with diverse culture and language use, individuals with lower economic capacity and other underserved populations. Further, recipients are strongly encouraged to collaborate with local, regional, and state public health and health care partners, including Medical Reserve Corps Units Community Emergency Response Teams (CERTs) Citizen Corps Whole C o mmunity Councils, as well as leverage other federal programs, such as the HHS ASPR Hospital Preparedness Program and Emergency Systems for Advance Registration of Volunteer Health Professionals, CDC Cities Readiness Initiative, PHEP, and Strategic National Stockpile Programs. Whole Community Preparedness SHSP and UASI recipients should engage with the whole community to advance community and individual preparedness and to work as a nation to build and sustain resilience. Recipients should have a coordinating body to serve as their Citizen Corps or Whole Community Council, with membership that may include, but is not limited to: representatives from emergency management, homeland security, law enforcement, fire service, EMS, public health or their designee, elected officials, the private sector (especially privately owned critical infrastructure), private nonprofits, nongovernmental organizations (including faith -based, community-based, and voluntary organizations), advocacy groups for under-represented diverse populations that may be more impacted by disasters including children, seniors, individuals with disabilities or access and functional needs, individuals with diverse culture and language us e, individuals with lower economic capacity and other underserved populations. Recipients must also integrate program design and delivery practices that ensure representation and services for under-represented diverse populations that may be more impacted by disasters including children, seniors, individuals with disabilities or access and functional needs, individuals with diverse culture and language use, individuals with lower economic capacity and other underserved populations. Page 53 of86 Appendix B -FY 20 17 HSGP Program Priorities 252 Individual preparedness must be coordinated by an integrated body of government and nongovernmental representatives . Recipients must have a coordinating body to serve as their Citizen Corps Whole Community Council , with membership that includes , but is not limited to: repre sentatives from emergency management, homeland security, law enforcement, fire service, EMS, public health or their designee, e lected officials, the private sector (especially privately owned critical infrastructure), private nonprofits, nongovernmental organiz ations (includi ng faith-based, community-based, and voluntary organizations), advocacy groups for under- represented diverse populations that may be more impacted by disasters including children, seniors, individuals with disabilities or access and functional need s, individuals w ith diverse culture and language use, individuals with lower economic capacity and other unders erved populations. In addition to the Citizen Corps Whole Community Councils and CERT programs, the fo llowing preparedness programs are allowab le expenses: • Prepareatbon: FEMA's Individual a nd Community Preparedness Division (ICPD) launched Prepareathon (formerly America's PrepareAthon!) in 2013, with the goal of empowering individuals and communities to take action to improve their preparedness and resilience. The purpose ofPrepareathon is to motivate people and communities to take action to prepare for and protect themselves against disasters. Supported by FEMA, communities conduct Prepareathon events year-round with a focus on encouraging participants to take specific actions to protect themselves from the disasters most like ly to affect them and their community. Prepareathon events are unique to each community and may be a li gned to a particular theme in the Ready Campaign's National Seasonal Preparedness Mes sagi n g Calendar (www .ready.gov/pre pa re). Prepareathon is a critical part of FEMA's overarching mission to s upport citizens and first re s ponders to ensure that as a Nation we work together to build, sustain and improve our capability to prepare for , protect against, respond to , recover from , and mitigate all hazards . • Youth Preparedness Resources to support practitioners as they create and run programs in their communities are availab le at w w w.rea d y.gov/you th-preparedness . One of these resources, the Youth Preparedness Catalog, identifies over 200 existing programs, curricu la, and resources that may be of interest to those seeking an introduction to, or learning more about, youth preparednes s programs. The Catalog describes national , regional , and state-le vel programs. The Catalog can be found at http://www .fe ma .gov /m edi a-l ibra ry/asse ts/docum e nts/94 77 5. Emergency Management Accreditation Program With funds provided through FY 2017 HSGP, states have the opportunity to encourage their local jurisdictions to pursue a ssessme nt and accreditation under the Emergency Management Accreditation Program (EMAP). EMAP 's assessment and accreditation of emergency management organiz ations against consensus-based, American National Standards Institute (ANSI)-certified standards a ll ows for standardized benchmarking of critical functions necessary for an emergency management Page 54 of86 Appendix B -FY 20 17 HSGP Program Priorities 253 organization to meet the core capabilities identified in the Goal. Additional information on the EMAP Standard is available a t http://www.emapon lin e .org . Supplemental OPSG Guidance . OPSG provides funding to des ignated loca lities to enhance cooperation and coordination between Federal, State, local , tribal, and territorial law enforcement agencies in a j oint miss ion to secure the United States Borders along routes of ingre ss from international borders to include travel corridors in states bordering Me x ico and Canada, as well as states and territo ries with international water borders. OPSG is intended to support Border States and territori es of the U nited States in accomplishing the following objectives: • Increase capability to prevent, protect against, and resp on d to border security issues; • Increase coordination and collaboration among Federal, state, local, tribal, and te rritorial law enforcement agencies; • Continue the di stinct capability enhancements required for border security and border protection; • Provide intelligence-based o perations through US BP Sector Level experts to e nsure safety and operational ov ersight of Federal, state, local , tribal , and territorial law enforcement agencies participating in OPSG operational ac tivitie s; • Support a request to a ny Governor to activate, deploy, or redeploy speci alize d National Guard Un its/Packages and/or elements of state law enforcement to increase or augment specialized /technical law enforcement elements o perati o nal activities; and • Continue to increase o perational , material and technological readiness of state, local , tribe, and territori al law enforcement agencies. OPSG funds must be used to provide an enhanced law enforcement presence and to increase o perational capabilities of Federal, state , local, tribal , and territorial law enforcement, promoting a layered, coordinated approach to law enforcement within Border States and territories of the United States. • Federal, State, Local, Tribal, and Territorial OPSG Integrated Planning Team (IPT). It is required that Federal, state, local , tribal , and t errito ri al partne rs establish a nd maintain a formali zed OPSG IPT with representation from all participating law enforcement agencies, co-cha ired b y represe ntatives from USBP, the SAA, and participating law enforce men t agencies ' OPSG program representatives . • No less than two IPT meetings must take place during every funding year: -Prior to s ubmitting the Concept of Operations (application) -Prior to s ubmitting the Campaign Plan Coordination Requirements All operational plans sho uld be crafted in coo perati o n and coordination among Federal, state, local, tribal , and territorial partners. Consideration will be given to a pplications that are coordinated across multiple jurisdictions. All applicants must coordinate w ith the US BP Sector Page 55 of86 Appendix B -FY 2017 HSGP Program Priorities 254 Headquarters with geographic responsibility for the applicant's location in developing and submitting an Operations Order with an embedded budget to the SAA. After awards are announced, prospective recipients will re-scope the draft Operations Order and resubmit as a final Operations Order with an embedded budget, based on actual dollar amounts awarded. Final Operations Orders will be approved by the appropriate Sector Headquarters and forwarded to Headquarters, Office of Border Patrol, Washington, D .C., before funding is released. Recipients may not begin operations, obligate, or expend any funds until the final Operations Order and embedded budget has been approved by FEMA GPD and USBP Headquarters and any existing special conditions and/or restrictions are removed . Management and Administration (M&A) Management and administration (M&A) activities are those directly relating to the management and administration of OPSG funds , such as financial management and monitoring. Sub- recipients and friendly forces may retain funding for M&A purposes; however, the total amount retained by both the sub-recipient and friendly forces cannot exceed 5% of the s ubrec ipient award. Friendly forces are local law enforcement entities that are second tier sub-recipients under OPSG. In other words, friendly forces are entities that receive a subaward from a subrecipient under the OPSG program. Friendly Forces must comply with all requirements of sub-recipients under 2 C.F .R. Part 200 . Other Requirements National Information Exchange Model (NIEM). DHS/FEMA requires all grant recipients to use the latest NIEM specifications and guidelines when using HSGP funds to develop, procure, or implement homeland security information exchanges, including systems and databases. This includes, but is not limited to the use of Extensible Markup Language (XML) and Java Script Object Notation (JSON). Further information about NIEM specifications and guidelines is available at http://www.niem.gov . 28 C.F.R. Part 23 Guidance. DHS/FEMA requires that any information technology system funded or supported by these funds comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies , if this regulation is determined to be applicable. Page 56 of86 Appendix B -FY 2017 HSGP Program Priorities 255 Appendix C-FY 2017 HSGP Funding Guidelines Recipients must comply with all the requirements in 2 C.F.R. Part 200 (Uniform Administrative Req uirements, Cost Principles, and Audit Requireme nts for Federal Awards). ln general, recipients should consult with their FEMA HQ Program Analyst prior to making any investment that does not clearly meet the a ll owable expense criteria established by this NOFO. Funding guide lines established within this section support the five mission areas-Prevention, Protection, Mitigation, Response, and Recovery-and associated core capabi liti es within the Goal. Allowable investments made in support of the HSGP priorities as well as other capability- enhancing projects must have a nexus to terrorism preparedness and fall into the categories of planning, organization, exercises, training, or equipment aligned to a capability gap in the SPR. Recipients are encouraged to use grant funds for evaluating grant-funded project effectiveness and return on investment aligned to the relevant POETE element, and FEMA encourages recipients to provide the results of that analys is to FEMA. Continuity of Operations Continuity planning and operations are an inherent element of each core capability and the coordinating structures that provide them. Contin uity operations increase resilience and the probability that o rganizations can perform essential functions in the delivery of core capabilities that support the mission areas. FEMA is responsible for coordinating the implementation and development, execution, and assessment of continuity capabilities among executive departments and agencies. To s upport this ro le , FEMA develops and promulgates Federal Continui ty Directives (FCDs) to establish continuity program and planning requirements for executive departments and agencies and Continuity Guidance Circu lars (CGCs) for state, local, triba l, and territorial governments, non-governmental organizations, and private sector critical infrastructure owners and operators. This direction and guidance assists in developing capabilities for continuing the essential functions of federal and state, local, tribal, territorial governmental entities as well as the public/private critical infrastructure owners, operators, and regulators enabling them . Presidential Policy Directive 40 , FCD 1, FCD 2, CGC 1, and CGC 2 outline the overarching continuity requirements and guidance for o rganizations and provides guidance, methodology, and checklists. For additional information on continuity programs, guidance, and directives, visit http://www.fema.gov/guidance-directives and https://www.fema.gov /nati o na l-continuity- programs . Planning (SHSP and UASI) SHSP and UASI funds may be used for a range of emergency preparedness and management planning activities and such as those associated with the development, and review and revision of the THIRA, SPR, continu ity of operations plans and other planning activities that support the Goal and placing an emphasis on updating and maintaining a current EOP that conforms to the guidelines outl in ed in CPG 101 v 2.0. Page 57 of86 Appendix C -FY 20 17 HSGP Funding Guidelines 256 Organization (SHSP and UASI) Organizational activities include: • Program managemen t ; • Development of whole community partnerships, through groups such as Citizen Corp Councils; • Structures and mechani sms for info rmation sharing between the public and private sector; • Implementing models, programs, and workforce enhancement initiatives to address ideo lo gicall y-i ns pi red radicalization to violence in the homeland; • Too ls, resources and activities that facilitate s hared situational awareness between the public and private sectors; • Operational Support; • Utilization of standardized reso urce management concepts such as typing, inventorying, organizing, and tracking to facilitate the dispatch, deployment, and recovery of resources before, during, and after an incident; • Responding to an increase in the threat level under the National Terrorism Advisory System (NT AS), or needs in re s ulting from a National Special Security Event; and • Paying sa laries and benefits for pe rsonnel to serve as qualified intelligence analysts . States and Urban Areas must justify proposed expenditures of SHSP or UASI funds to support o rganization activities within their 11 s ubmission. All SAAs are allowed to utili ze up to 50 percent (50%) of their SHSP funding and all Urban Areas are allo wed up to 50 percent (50%) of their UASI funding for personnel costs. At the request of a recipient, the FEMA Administrator may grant a waiver of the 50 percent (50%) limitation noted above. Requests for waivers to the personnel cap must be submitted by the authorized repre sentative of the SAA to GPO in writing on official letterhead, with the following information: • Doc umentatio n explaining w hy the cap s hould be waived; • Conditions under which the request is being submitted; and • A budget and method of calculation of personnel costs both in percentages of the grant award and in total dollar amount. To avoid supplanting issues, the request must also include a three-year staffing hi story for the requesting entity. Organizational activities under SHSP and UASI include: • Intelligence Analysts. Per the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Pub. L. No. 11 0-412), SHSP and UASI funds may be used to hire new staff and/o r contractor positions to serve as intelligence analysts to e nable information/intelligence sharing capabilities, as well as support existing intelligence analysts previously covered by SHSP or UAS I funding. In order to be hired as an intelligence analyst, staff and/or contractor personnel must meet at least one of the following criteria: -Successfully complete training to e nsure baseline proficiency in intelligence analysis and production within six months of being hired; and/or, Page 58 of86 Appendix C -FY 2 017 HSGP Funding Guidelines 257 -Previously served as an intelligence analyst for a minimum of two years either in a Federal intelligence agency, the military, or state and/or local law enforcement intelligence unit. All fusion center analytic personnel must demonstrate qualifications that meet or exceed competencies identified in the Common Competencies for State, Local, and Tribal Intelligence Analysts, which outlines the minimum categories of training needed for intelligence analysts. A certificate of completion of such training must be on file with the SAA and must be made available to the recipient's respective FEMA HQ Program Analyst upon request. • Overtime Costs. Overtime costs are allowable for personnel to participate in information, investigative, and intelligence sharing activities specifically related to homeland security and specifically requested by a federal agency. Allowable costs are limited to overtime associated with federally requested participation in eligible activities, including anti-terrorism task forces, Joint Terrorism Task Forces (JTTFs), Area Maritime Security Committees (as required by the Maritime Transportation Security Act of 2002), DHS Border Enforcement Security Task Forces, and Integrated Border Enforcement Teams. Grant funding can only be used in proportion to the federal man-hour estimate, and only after funding for these activities from other federal sources (i.e., FBI JTTF payments to state and local agencies) has been exhausted. Under no circumstances should DHS/FEMA grant funding be used to pay for costs already supported by funding from another federal source. • Operational Overtime Costs. In support of efforts to enhance capabilities for detecting, deterring, disrupting, and preventing acts of terrorism and other catastrophic events, operational overtime costs are allowable for increased protective security measures at critical infrastructure sites or other high-risk locations and to enhance public safety during mass gatherings and high-profile events, as determined by the recipient or sub- recipient through intelligence threat analysis. SHSP or UASI funds for organizational costs may be used to support select operational expenses associated with increased security measures. in the following authorized categories: -Backfill and overtime expenses for staffing state or major Urban Area fusion centers; -Hiring of contracted security for critical infrastructure sites; -Participation in Regional Resiliency Assessment Program activities; -Public safety overtime; -Title 32 or state Active Duty National Guard deployments to protect critical infrastructure sites, including all resources that are part of the standard National Guard deployment package (Note: Consumable costs, such as fuel expenses, are not allowed except as part of the standard National Guard deployment package); and -Increased border security activ ities in coordination with USBP. SHSP or UASI funds may only be spent for operational overtime costs upon prior approval provided in writing by the FEMA Administrator per the instructions in lB 3 79 : Page 59 of86 Appendix C -FY 20 17 HSGP Funding Guidelines 258 Guid ance to State Adm ini strativ e Agenc ies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding. Note: States with UASijurisdictions can use funds retained at the state level to reimburse eligible operational overtime expenses incurred by the state (per the above guidance limitations and up to a maximum of 50 percent (50%) of the state share of the UASI grant). Any UASI funds retained by the state must be used in direct support of the Urban Area. States must provide documentation to the UA WG and DHS /FEMA upon request demonstrating how any UASI funds retained by the state would directly support the Urban Area . Organization (OPSG) • Operational Overtime Costs. OPSG funds should be used for operational overtime costs associated with law enforcement activities, in support of border law enforcement agencies for increa sed border security enhancement. At the request of a recipient, the FEMA Administrator may waive the 50 percent (50%) personnel cap. Waiver decisions are at the discretion of the FEMA Administrator and will be considered on a case-by-case basi s. A formal OPSG perso nnel waiver request should: -Be requested on official letterhead, include a written justification, and be signed by the local jurisdiction; -Include a budget and method of calculation of personnel costs both in percentage of the grant award and in total dollar amount ; -Include an approved Operations Order from the USBP Sector office which supports the local jurisdiction 's written justification; and -Be coordinated with the USBP Sector, SAA, and the DHS/CBP Office of the Border Patrol (OBP). • Personnel -OPSG funds may be use d to pay additional current part time law enforcement personnel salaries in order to bring them to temporary full time status. OPSG funds may_support a Governor's request to activate, deploy , or redeploy specialized National Guard Units/Package and/or elements of state law enforcement to increase or augment specialized/technical law enforcement elements ' operational activities. Costs associated with backfill for personnel supporting operational activities are allowable. As with all OPSG personnel costs , OPSG grant funds will be used to supplement existing funds , and will not replace (supplant) funds that have been appropriated for the same purpose. Applicants or recipients may be required to s upply documentation certifying that a reduction in non-federal resources occurred for reasons ·other than the receipt or expected receipt of federal funds . Temporary or Term Appointments o Sub-recipients may utilize temporary or term appointments for the purpose of augmenting the law enforcement presence on the borders. However, a pplying Page 60 of86 Appendix C -FY 2017 HSGP Funding Guidelines 259 funds toward hiring fu ll-time or permanent sworn public safet y officers is unallowable. o For OPSG purposes, temporary appo intments are no n-status appointments for less than one year. o For OPSG purposes, term appo intments a re non-status appointments for one year, exte ndable for one year as necessary. o OPSG-funded temporary or term appointments m ay not exceed the a pproved period of performance. o OPSG funding for te mpo rary or term appointments may pay for salary only. Benefits are not allowable expenses for term o r tempo rary employees. o OPSG remains a no n-hiring program. Appropriate uses of temporary o r term appointments include: • To carry out specific enforcement operations work for ongo in g OPSG funded patrols throughout the Sector Area of Operation; • To staff o perations of limited duration; such as OPSG enh anced enforcement patrols targeting s pecific locations or c riminal activi t y; and , • To fill OPSG positions in activ ities undergoi ng transition o r pe rso nnel s hortages a nd local backfill policies (medical /military depl oyments) • OPSG term and te mporary appointments must hav e a ll nece ssary certifications and training to enforce state and loca l laws. OPSG funds wi ll not be used to tra in or certify term o r temporary appointments except as o therwi se stated in the OPSG secti on of this NOFO. • DHS provides no guarantee of fund ing for te mporary or t erm appointments . In additio n to the te rms of this NOFO, s ub-recipients must follow their own applicable policies a nd procedures regarding temporary or term appointments. • Travel, Per Diem, and Lodging. OPSG fund s m ay be used for domestic travel a nd p er diem, including costs associated wit h the deployment/redeployment of personne l to border areas and for travel associated with law enforcement e ntiti es ass isti ng other local jurisdictions in law enforcement activities. In addition, allowable costs include supporting up to six month deployment of law enforcement personnel to criti cal Southwest Border locatio ns for o perationa l activ ities (travel costs mu st be in accordance with applicable travel re g ulati o ns). Equipment (SHSP and UASI) The 21 allowable preventi on, protection , miti gatio n, response, and recovery equipment categories and equipment standards for HSGP are li sted on the Authorized Equipment List (AEL). T he AEL is available at http ://www.fe ma.gov/auth o ri zed-equipme nt-li st . Un less otherwise s tated, equipment must meet a ll mandatory regulatory and/or DHS/FEMA-adopted standard s to be el ig ibl e for purc hase us in g these funds. In addition, agenc ies w ill be responsible for obtainin g and maintaining a ll necessary certifications and li censes fo r the requested equipment. Page 61 of86 Appendix C -FY 20 17 HSGP Funding Guidelines 260 Grant funds may be used for the procurement of medical countermeasures. Procurement of medical countermeasures must be conducted in collaboration with state, city, or local health departments that administer Federal funds from HHS for this purpose and with existing MMRS committees where available, in order to sustain their long-term planning for appropriate, rapid, and local medical countermeasures, including antibiotics and antidotes for nerve agents, cyanide, and other toxins. Procurement must have a sound threat based justification with an aim to reduce the consequences of mass casualty incidents during the first crucial hours of a response. Prior to procuring pharmaceuticals, recipients must have in place an inventory management plan to avoid large periodic variations in supplies due to coinciding purchase and expiration dates. Recipients are encouraged to enter into rotational procurement agreements with vendors and distributors. Purchases of pharmaceuticals must include a budget for the disposal of expired drugs within each fiscal year's PoP for HSGP. The cost of disposal cannot be carried over to another DHS/FEMA grant or grant period. EMS electronic patient care data systems should comply with the most current data standard of the National Emergency Medical Services Information System (www.NE MS IS .o rg). Equipment (OPSG) • Equipment Marking. Because equipment purchased with OPSG funding is intended to be used to support Operation Stonegarden activities, it must be appropriately marked to ensure its ready identification and primary use for that purpose. When practicable, any equipment purchased with OPSG funding shall be prominently marked as follows: "Purchased with DHS funds for Operation Stonegarden Use" • Fuel Cost and/or Mileage Reimbursement. There is no cap for reimbursement of fuel and mileage costs in support of operational activities. • Vehicle and Equipment Rentals. Allowable purchases under OPSG include patrol cars and other mission-specific vehicles whose primary use is to increase operational activities/patrols on or near a border nexus in support of approved border security operations. A detailed justification must be submitted to the respective FEMA HQ Program Analyst prior to purchase. Training (SHSP and UASI) Allowable training-related costs under HSGP include the establishment, support, conduct, and attendance of training specifically identified under the SHSP and UASI programs and/or in conjunction with emergency preparedness training by other Federal agencies (e .g., HHS and DOT). Training conducted using HSGP funds should address a performance gap identified through a TEP or other assessments (e.g., National Emergency Communications Plan NECP Goal Assessments) and contribute to building a capability that will be evaluated through a formal exercise. Any training or training gaps, including training related to under-represented diverse populations that may be more impacted by disasters , including children , seniors, individuals with disabilities or access and functional needs, individuals with diverse culture and language use, individuals with lower economic capacity and other underserved populations, should be Page 62 of86 Appendix C-FY 2017 HSGP Funding Guidelines 261 identified in a TEP and addressed in the state or Urban Area training cycle. Recipients are encouraged to use existing training rather than develo ping new courses. When develo pin g new courses, recipients are encouraged to apply the Analysis, Design, D evelopment, Impl ementation and Evaluation model of in structional design. Recipients are also encouraged to utilize the FEMA training courses offered through the E m e rgency Management Institute, the Center for Domestic Preparedness, the National Domestic Preparedness Consortium, and o ther partners. The FEMA training course catalog is found by accessin g the following link: www.firstres ponde ttra inin g.gov . Exercises (SHSP and U AS I) Exerci se s conducted with grant f unding s ho uld be managed a nd conducted co ns istent w ith HSEEP. HS EEP g uidance for exercise desi g n, development, conduct, evaluation, and improvement planning is located at https://W\.vw.fema.gov /exerc ise. Maintenance and Sustainment (SHSP, UASI, and OPSG) The use of DHS/FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upg rade s, and user fees are allowable, as described in FEMA P olic y FP 205- 402-I 25-1 under all active and future grant awards, unless otherwise noted . With the exception of maintena nce plans purchase d incidental to the ori ginal purchase ofthe e quipment, the perio d covered by maintenance or warranty plan must no t exceed the PoP of the spec ific grant fund s used to purc hase the plan or warranty. Grant funds a re intended to s upport the Goal by funding projects that build a nd s ustain the core capabilities nec essary to pre ve nt, protect against, miti gate the effects of, respond t o, and recov e r from those threat s th at pose the greate st ri s k to the security of the Natio n . In order to provide recipients the ability to meet this objective, the po lic y set forth in GPO's IB 379: Gui dance to State Adm ini str ative Agencies to Expedite the Expend itu re of Certain DHS/FEMA Gra nt Funding allows fo r the expans ion of e li g ible mainte nance and s usta inment costs which mu st be in 1) direct s upport of existing capabilities; (2) must be an otherwise allowable expenditure und er the applicable grant program ; (3) be tied to one of the core capabilities in the five miss ion areas contained within the Goal , a nd (4) s ha reable thro ug h the Emergency Management Ass istance Compact. Additionally, eligible costs may also be in s upp ort of eq uipment, training, and critical resources that have previo us ly been purchased with either federal g rant or any other source of f undin g other tha n DHS/FEMA preparedness gra nt progra m dollars. Law Enforcement Terrorism Prevention Activities Allowable Costs (SHSP and UASI) Activities eligible for use ofLETPA focused fund s includ e but are not limited to: • M aturatio n a nd enha ncement of designated state and m ajor Urban Area fus io n centers, including informati o n sharing and analysis, threat recognition, terrorist inte rdicti on , a nd tra ining/ hiring of intellige nce analysts; • Coordinati o n between fu s ion centers and o th e r analytical and in vestigative efforts including, but no t limited to Jo in t Terrorism Task Forces (JTIFs), Field Intelligence Groups (F IGs), High Intens ity Drug T rafficking Areas (HIDTAs), Regiona l In fo rmati o n Sha~ing System s (RISS) Centers, criminal intelligence units, a nd real-t im e crime analysis centers; P age 63 of 86 Appendix C -FY 2 0 17 HSGP Funding G uid e lin es 262 • Implementation a nd mainten ance of t he Nationwide SAR Initiative, including training for front line perso nn e l o n identifyi ng and reporting suspicious activitie s; • Implementation ofthe "If You See Something, Say Something™" campaign to rai se public awa re ne ss of indicators of terro rism a nd terrorism-related crime an d associated efforts to increase t he sharing of informati on with public and private sector partners, including nonprofit organi zations. Note: DHS requires that t he Office of Public Affairs (OPA) be given the opportunity to review and approve any public awareness material s (e.g., v id eos, posters, tri -fo ld s, etc.) devel o ped usi ng H SGP gra nt f und s for the "If You See Something, Say Somethi ng ™" campaign to e ns ure t hese materials are consistent with the Department's m essagin g a nd strategy for the campaign and the initiative's trademark. T hi s coordination with OPA sho uld be facilitated by the FEMA HQ Program Analyst; • Increase physical security, th ro ugh law enforcement personne l a nd o th e r protective meas ures, by imple me nt in g preventi ve a nd protective measures at critical infrastructure s ite or at-ri sk nonprofit o rga ni zatio ns; and • Building a nd sustainin g preventive radiological and nuclear detection capabilities, including those devel oped thro ug h the Securin g the Cities initiative. Law Enforcement Readiness (OPSG) OPSG grant funds may be used to increase o peratio na l, materi a l, and techno logical readiness of state , local, tribal , and territorial law enforc e ment age nci es. The D e legation of Immigratio n Autho rity, Section 287(g) of the Immigration and Nati o na lity Act (INA) program allows a state or local law e nforce ment entity to enter into a partne rshi p w ith Immigration a nd Custom s E nforcement (ICE), und er a joint Memorandum of Agreement (MOA), in order to receive de legated authority for immigration enforcement within their jurisdictions . OPSG grant f unds may be requested and m ay be ap proved o n a case by case basi s for immigration enforcement training in support of the border securit y mi ssion. Requ ests for training will be evaluated on a case by case basis and can only be used for certification in the 287 (g) program provided by DHS/ICE. OPSG sub-recip ients wi th agreements und er Section 287(g) of the INA (8 U.S .C. 1357(g)) to receive delegated authority for immi gration e nforcement withi n their jurisdictions may also be re imbursed fo r 287(g) related operati onal activities with app roval f rom FEMA on a case by case basis. For OPSG, su b-recipients must be authorized by US BP Headquarters and Secto rs and o pe ratio nal activities must be coordinated thro ugh a USBP Sector. Federally-Led Task Forces and Investigations (SHSP and UASI) In add iti on , re imbursement for o perationa l overtime law e nforcement activities rel ated to combating tra nsnati onal cri me organizations in supp ort of efforts to enhance capabil iti es fo r detecting, deterrin g, di sruptin g, and preventing acts of terrori sm is an allowa bl e expense under SHSP and UASI o n a case by case bas is. A ll owabl e costs are limited to overtim e assoc iated w ith federally requ est ed partic ipati on in federall y-led task forces and in vestigati o n s, including anti- terrorism task forces, Joint Terrorism Task Forces (JTTFs), Area Maritime Security Committees (as required by the Maritime Transportation Security Act o/2002), DHS Border Enforcement Security Task Forces, a nd In tegrated Border Enforcement Teams. SHSP and UASI o peratio na l overtime for combating tra n snational crime organizations require prior approval in writing by t he FEMA Administrator per the instructions in IB 379 (Guida nce to State Administrative Agencies to Expedite the Expenditure of C ertain DHS/FEMA Grant Funding). Page 64 of 86 Appendix C-FY 2017 H SGP Funding Guide lines 263 Regional Border Projects (OPSG) Recipients are encouraged to prioritize the acquisition and development of regional projects on the borders to maximize interoperability and coordination capabilities among federal agencies and with state, local, and tribal law enforcement partners. Such regional projects include: • Communications eq uipment: -Radio systems and repeaters • Situational Awareness equipment: -License Plate Reader Networks -Visual detection and survei llance systems -Sensor Systems -Radar Systems (for air incursions) Controlled Equipment (SHSP, UASI, and OPSG) Grant funds may be used for the purchase of Controlled Equipment, however, because of the nature of the equipment the potential impact on the community, there are additional and specific requirements in order to acquire this equipment. Refer to 18 407a: Use of Grant Funds fo r Contro ll e d Equ ipment: U pdate for Fi scal Year 2017, for the complete Controlled Equipment List and specific requirements for acquiring controlled equipment with DHS/FEMA grant funds. FEMA Form 087-0-0-l: Controlled Equipment Reques t is avai lab le for download at https://www.fema.gov/medi a-library/assets/do c um ents/ 115708. Requirements for Small Un manned Aircraft System (SHSP, UAS I, and OPSG) All requests to purchase Small Unmanned Aircraft System (SUAS) with FEMA g rant funding must also include a description of the policies and procedures in place to safeguard individual s' privacy, civi l rights, and civil liberties of the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment. Critical Emergency Supplies (SHSP and UASI) Critica l emergency supplie s , such as shelf stable products, water, and basic medical supplies are an allowable expense under SHSP and UASI. Prior to the allocation of grant funds for stockpili n g purposes, each state must have DHS/FEMA's approva l of a five-year viab le inventory management plan, which shou ld include a distribution strategy and related sustainment costs if planned grant expenditure is over $100,000. If grant expenditures exceed the minimum threshold, the five-year inventory management plan will be developed by the recipient and monitored by FEMA GPO with the assistance of the FEMA Logistics Management Directorate (LMD). FEMA GPO will coordinate with LMD and the respective FEMA Region to provide program oversight and technical assistance as it relates to the purchase of critical emergency supp lies under UASI. FEMA GPO and LMD will establish guidelines and requirements for the purchase of these supplies under UASI and monitor development and status of the state's in ventory management plan. Page 65 of86 Appendi x C -FY 2017 HSGP Funding Guidelines 264 SAAs (through their Emergency Management Office) are strongly encouraged to consult with their respective FEMA Regional Logistics Chief regarding disaster logistics-related issues. States are further encouraged to share their DHS /FEMA approved plan with local jurisdictions and Tribes. Construction and Renovation (SHSP and UASI) Project construction using SHSP and UASI funds may not exceed the greater of$1 ,000,000 or 15 percent (15%) of the grant award. For the purposes of the limitations on funding levels, communications towers are not considered construction. See guidance on communication towers below. Written approval must be provided by DHS /FEMA prior to the use of any HSGP funds for construction or renovation. When applying for construction funds, recipients must submit evidence of approved zoning ordinances, architectural plans, and any other locally required planning permits. Additionally, recipients are required to submit a SF-424C Budget and Budget detail citing the project costs. Recipients using funds for construction projects must comply with the Davis-Bacon Act ( 40 U.S .C. § 3141 et seq.). Recipients must ensure that their contractors or subcontractors for construction projects pay workers no less than the prevailing wages for laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the state in which the work is to be performed . Additional information regarding compliance with the Davis-Bacon Act, including Department of Labor (DOL) wage determinations, is available from the following website http s ://w ww .dol.gov/whd/govcontracts/dbra .htm . OPSG funds may not be used for any type of construction. Communications Towers. When applying for funds to construct communication towers, recipients and sub-recipients must submit evidence that the FCC's Section 106 review process has been completed and submit all documentation resulting from that review to GPO using the guidelines in EHP Supplement prior to submitting materials for EHP review. Completed EHP review materials for construction and communication tower projects must be submitted as soon as possible to get approved by the end of the PoP. EHP review materials should be sent to gpdehpinfo@ fema.gov. Personnel (SHSP and UASI) Personnel hiring, overtime, and backfill expenses are permitted under this grant in order to perform allowable HSGP planning, training, exerci se, and equipment activities. Personnel may include but are not limited to: training and exercise coordinators, program managers for activities directly associated with SHSP and UASI funded activities, intelligence analysts, and statewide interoperability coordinators (SWIC). For further details, SAAs should refer to FP 207-093-1, C larifi cati o n o n th e Personne l Re imburseme nt fo r In te llig ence C oo perati o n a nd E nh a ncement of Ho mel a nd Security Act o f 2 008 (Public La w 110--4 12 -the PRIC E A ct), or contact their FEMA HQ Program Analyst. Page 66 of86 Appendix C -FY 2017 HSGP Funding Guidelines 265 HSGP funds may not be used to s upport the hiring of any personnel for the purposes of fulfilling traditional public health and safety duties or to supplant traditional public health and safety positions and responsibilities. The following are definitions as it relates to personnel costs: • Hiring. State and local entities may use grant funding to cover the salary of newly hired personnel who are exclusively undertaking allowable DHS/FEMA program activities as spec ified in thi s gu idance. This may not include new personnel who are hired to fulfill any non-DHS/FEMA program activities under any circumstances. Hiring will always result in a net increase of Full Time Equivalent (FTE) employees. • Overtime . These expenses are limited to the additional costs which result from personnel working over and above 40 hours of weekly work time as a direct result of their performance ofDHS/FEMA-approved activities specified in this guidance. Overtime associated with any other activity is not eligible . • Backfill-related Overtime. Also called "Overtime as Backfill," these expenses are limited to overtime costs which result from personnel who are working overtime (as id e ntified above) t o perform the duties of other personnel who are temporarily assigned to DHS/FEMA-approved activities outside their core respon s ibilities. Neither overt ime nor backfill expenses are the result of an increase of FTE employees. • Supplanting. Grant funds will be used to supplement existing funds, and will not replace (supp lant) funds that have been appropriated for the same purpose. Applicants or recipients may be required to supply documentation certifying that a reduction in non- federal resources occurred for reasons othe r than the receipt or expected receipt of federal funds. Operational Packages (OPacks) (SHSP and UASI) Applicants may elect to pursue OPack f unding, s uch as Canine Teams, Mobile Explosive Screening Teams, and Anti-Terrorism Teams, for new capabilities as well as to s ustain existing OPacks. Applicants must commit to minimum training standards to be set by DHS for all federally-funded security positions. Applicants must also ensure that the capabilities are able to be depl oyab le , through EMAC, outside of their community to s upport regional and national efforts. When requesting new OPacks-related projects, applicants must demonstrate the ne ed for developing a new capabil ity at the expense of sustaining an existing core capability. Western Hemispheric Travel Initiative (SHSP) fn addition to the expend itures outlined above, SHSP funds may be used to s upport the implementation activities assoc iated with the Western Hemisphere Travel Initiative (WHTT), including the issuance of WHTI-compliant tribal identification cards. More informatio n o n the WHTI may be found at http://www .dhs.gov/fil es/pro gram s/gc 1200693 579776.shtm or http ://w ww.get yo uh om e .gov/htm l/eng map.html. Other Secure Identification Initiatives (SHSP) SHSP funds may a lso be used to support the Department's additional efforts to enhance secure identification, including driver's license and identification security enhancements. Activities that facilitate secure identification, including IT enhancements for identificatio n management and Page 67 of 86 Appendix C-FY 20 17 HSGP Funding Guidelines 266 verification systems are a priority. DHS is currently developing and implementing a number of screening programs in which secure identification credentials figure prominently. These include the Transportation Worker Identification Credential (TWIC) program which promotes tamper- resistant biometric credentials for workers who require unescorted access to secure areas of ports, vessels, outer continental shelf facilities, and all credentialed merchant mariners ; and the credentialing of first responders which entails enhancing real-time electronic authentication of identity and attribute(s) (qualification, certification, authorization , and/or privilege) of emergency response/critical government personne l responding to terrorist attacks or other catastrophic events. States may continue implementing activities previously funded through the Driver's License Security Grant Program (DLSGP) that focus on securing driver's license and identification card issuance processes. Initiatives related to securing identification should: • Have the greatest impact upon reducing the issuance and use of fraudulent driver's license and identification cards; • Reduce the cost of program implementation for individuals, states, and the Federal Government; • Satisfy driver's license identification material requirements ; • Expedite state progress toward meeting minimum security standards; and • Plan and expedite state-specific activities to support federal data and document verification requirements and standards. Unallowable Costs (OPSG) OPSG unallowable costs include costs associated with staffing and general IT computing equipment and hardware, such as personal computers, faxes, copy machines, modems, etc. OPSG is not intended as a hiring program. Therefore, applying funds toward hiring full-time or permanent sworn public safety officers is unallowable. OPSG funding shall not be used to supplant inherent routine patrols and law enforcement o perations or activities not directly related to providing enhanced coordination between local and federal law enforcement agencies. Finally, construction and/or renovation costs are prohibited under OPSG. Applicants should refer to FP 207-093-1 at https://w ww .fe ma.gov/m edia-library/assets/d ocuments/853 84, or contact their FEMA HQ Program Analyst at (800) 368-6498 for guidance and clarification. Due to the nature of OPSG, exercise expenses are not allowable costs under OPSG. Unallowable Costs (SHSP, UASI and OPSG) Per FEMA policy, the purchase of weapons and weapons accessories, including ammunition, is not allowed w ith HSGP fund s . Prohibited Equipment (SHSP, UASI and OPSG) Grant funds may not be used for the purchase of Prohibited Equipment. Refer to 1B 407a: Use of Gr a nt F und s for Control led E quipment: Update fo r F isca l Yea r 2 01 7. Page 68 of86 Appendix C-FY 2017 HSGP Funding Guidelines 267 Additional Planning Assistance FEMA's National Preparedness Directorate (NPO) o ffers technical assi stance (TA) that is designed to provide recipients and sub-recipients with specialized expertise to improve and enhance the continuing development of state and local emergency management across the five mission areas of the Goal and across all core capabilities. TA provides the opportunity to engage emergency managers, emergency planners, and appropriate decision-makers in open discussion of options to improve plans and planning in light o f their jurisdiction's needs. While there is no direct cost to approved jurisdictions for DHS/FEMA TA, jurisdictions are expected to invest staff resources and take owners hip ofthe resulting products and tools . T A deliveries combine current emergency management best practices with practical consideration of emerging trends, through discussion facilitated by DHS/FEMA contract specialists and with the support of FEMA Region operational specialists. Additionally, peer-to- peer representation may also be included from other jurisdictions that have recently addressed the same planning issue. TheTA request form can be accessed at http ://www.fe ma.go v/natio na l-incide nt-man a gem ent- sy ste m/fe m a-tech ni cal-assis tance-di vis ion. Additional Training Information Per DHS/FEMA Grant Programs Directorate Policy FP 207-00 8-064 -1 , Review and Approval Requirements for Training Courses Funded Through Preparedness Grants, issued on September 9 , 2013 , states , territories, tribal entities and urban areas are no longer required to request approval from FEMA for personnel to attend non-DHS FEMA training as long as the training is coordinated with and approved by the state, territory, tribal or U rban Area Training Point of Contact (TPOC) and falls within the FEMA mission scope and the jurisdiction 's Emergency Operations Plan (EOP). The only exception to this policy is for Countering Violent Extremism courses, which must be approved in advance by the DHS Office for Civil Rights and Civil Liberties. For additional information on review and approval requirements for training courses funded with preparedness grants please refer to the following policy: htt p ://w ww .fema.gov/me di a -library/assets/documents/3 4 856. DHS/FEMA will conduct periodic reviews of all state, territory, a nd Urban Area training funded by DHS/FEMA. These reviews may include requests for all course materials and physical observation of, or participation in, the funded training. If these reviews determine that courses are outside the scope of this guidance, recipients will be asked to repay grant funds expended in s upport of those efforts. For further information on developing co urses using the instructional design methodology and tool s that can facilitate the process, SAAs and TPOCs are encouraged to review the NTED Re s po nd er T rainin g Deve lo pm ent Center (R T D C) webs ite. DHSIFEMA Provided Training. These trainings include program s or courses developed for and delivered by institutions and organizations funded by DHS/FEMA. This includes the Center for Domestic Preparedness (COP), the E mergency Management Institute (EMI), and the National Training and Educatio n Divis ion 's (NTED) training partner programs including, the Continuing Page 69 of86 Appendix C-FY 2017 HSGP Funding Guidelines 268 Training Grants, the National Domestic Preparedness Consortium (NDPC) and the Rural Domestic Preparedness Consortium (RDPC). Approved State and Federal Sponsored Course Catalog. This catalog lists state and federal sponsored courses that fall within the DHS/FEMA mission scope, and have been approved thro ugh the FEMA course review and approval process. An updated version ofthis catalog can be accessed at http://wvvw.ftrstresponde rtraining.gov. Training Not Provided by DHSIFEMA. These trainings includ e courses that are either state sponsored or federa l sponsored (non-DHS/FEMA), coordinated and approved by the SAA or their des ignated TPOC , and fall within the DHS/FEMA mi ss ion scope to prepare state, local, tribal, and territorial personnel to prevent, protect aga in st, mitigate, respond to , and recover from acts of terrorism or catastrophic events. • State Sponsored Courses. These courses are developed for and/or delivered by institutions or organizations other than federal entities or DHS/FEMA and are sponsored by the SAA or their designated TPOC. • Joint Training and Exercises with the Public and Private Sectors. These courses are sponsored and coordinated by private sector entities to enhance public-private partnerships for training personnel to prevent, protect against, mitigate, respond to, and recover from acts of terrorism or catastrophic events. In addition, states, t erritorie s, Tribes, and Urban Areas are encouraged to incorporate the private sector in government- s pon so red training and exerci ses. Additional information on both DHS /FEMA provided training and other Federal and state training can be found at http://www.ftrstrespondettraining.gov. Training Information Reporting System ("Web-Forms '). Web-Forms are an electronic form/data management system built to assist the SAA and its designated state, territory and Tribal Training Point of Contact (TPOC). Reporting training activities through Web-Forms is not required under FY 2017 HSGP; however, the system remains available and can be accessed through the DHS/FEMA Toolkit located at http://www.firstrespo ndcrtraining.gov/adm in in order to support recipients in their own tracking of training. Additional Exercise Information Recipients th at use HSGP funds to conduct an exerci se(s) are encouraged to complete a progressive exercise series. Exercises conducted by states and Urb an Areas may be used to fulfill similar exercise requirements required by other grant programs. Recipients are encouraged to invite representatives/planners inv o lved with other Federally-m andated or private exercise activities. States and Urban Areas are encouraged to share, at a minimum, the multi- year training and exercise schedule with those departments, agencies, and organizations included in the plan. • Validating Capabilities. Exercises examine and validate capabilities-based planning across the Prevention, Protection, Mitigation, Re spon se, and Recovery mis s ion areas. The extensive e ngagement of the who le community, including but not limi ted to Page 70 of86 Appendix C -FY 20 17 HSGP Funding Gu id elines 269 examining the needs and requirements for indi viduals with disabilities, individuals with limited English proficiency and others with access and functional needs, is essential to the development of an effective and comprehensive exercise program. Exercises are designed to be progressive-increasing in scope and complexity and drawing upon results and outcomes from prior exercises and real-world events-to challenge participating communities . Consistent with Homeland Security Exercise and Evaluation Program guidance and too ls, the National Exercise Program (NEP) serves as the principal exercise mechanism for examinin g national preparedness a nd measuring re adiness. Exercises should align with priorities and capabilities identified in a multi-year TEP. • Special Event Planning. If a state or Urban Area wi ll be hosting a spec ial event (e.g., Super Bowl, G-8 Summit), the special event planning should be considered as a training or exercise activity for the purpose of the multi-year TEP. States must include a ll confirmed or planned s pecial events in the Multi -year T EP . The state or Urban Area may plan to use SHSP or UASI funding to finance training and exercise activities in preparation for those events. States and Urban Areas shou ld al so consider exercises at major venues (e.g., arenas , convention centers) that focus on evacuations, communications, and command and control. • Regional Ex ercis es. States should a lso anticipate participating in at least one regiona l exercise ann uall y. • Role of Non-Governmental Entities in Exercises. Non-governmental participation in all levels of exercises is strongly encouraged. Leaders from non-governmental entities should be included in the planning, design, and evaluation of an exercise. State, local , tribal , and territorial jurisdictions are encouraged to develop exercises that test the integration and use of resources provided by non-governmental entities, defined as the private sector and private non-profit, faith-based , and community organizations. Participation in exerci ses shou ld be coordinated with local C iti zen Corps Whole Community Council(s) or their equivalents and other partner agencies. Unauthorized Exercise Costs Unauthorized exercise-related costs include: • Reimbursement for the m aintenance and/or wear and tear costs of general use vehicles (e.g., construction ve hicl es), medical s upplies, and emergency re sponse apparatus (e.g., fire trucks , ambulances). • Equipment that is purchased for permanent installation and/o r use, beyond the scope of the c o nclusion of the exercise (e.g., electronic messaging s ign). Page 71 of86 Appendix C -FY 2017 HSGP Funding Guidelines 270 AppendixD- FY 2017 OPSG Operations Order Template and Instructions Operations Order Template Instructions The OPSG Operations Order Template can be found by se lecting the link for the FY 2017 HSGP NOFO on FEMA 's preparedness grants page (https://www.fema.gov/preparedness-non-disaster- grants). Executive Summary Overview Operations Order Executive Summary must: • Identify the organization name, point of contact, committees, and other structures accountable for implementing OPSG in the jurisdiction (typicall y this will be a program lead o r manager overseeing operati o ns and individuals assigned to that agency). • Describe how Federal , state, local, tribal , a nd territorial law enforcement agencies will work together to establi sh and e nhance coordination and collaboration on border security 1ssues. Budget Requirements Overview Operations Order Detailed Annual Budget must: • Explain how costs and expenses were estimated. • Provide a narrative justificatio n for costs a nd expenses . Supporting tables describing cost and expense elements (e.g., equipment, fue l, vehicle maintenance costs) may be included. Submission Requirements Operations Orders must meet t he following subm iss io n requirements: • Must be created and s ubmitted as a n Adobe Acrobat(* .pdf) document • Must not exceed six pages in length • Must be subm itted us in g the following file naming convention: "FY 20XX OPSG <State Abbreviation>-<Local Unit of Government Name>" Due to the competitive nature of this program , separate attachments w ill not be accepted or re v iewed. Page 72 of86 Appendix D -FY 20 17 OPSG Operations Order Template and Instructions 271 Appendix E-FY 2017 OPSG Operational Guidance Appendix E is intended to provide operationa l g uid ance to OPSG appl icants on the development of a concept of operations and campaign planning, the tactical operation period, and reporting procedures. This guidance also delineates specific roles and responsibilities, expectations for operations, and performance measures. Successful execution of t hese objectiv es will promote situational awaren ess among participating agencies and ensure a rapid, fluid response to emerging border-security conditions. OPSG uses an integrated approach to address transnational criminal activity. Federal, state, local , tribal , and territorial partners are required to estab li sh and maintain an OPSG Integrated Planning Team (IPT) with representation from all participating law enforcement agencies, co- chaired by representatives from US BP, the SAA, and participating local law enforcement agencies ' OPSG program repre sen tatives . USBP will provide routine mo nitoring and technical expertise to each participating agency. The content of each operational plan, to include the reque sted items wi ll be reviewed for border-security value and approved by the corresponding sector's Chief Patrol Agent or hi s/her designee. All o perati onal plans should be crafted in cooperation and coordination with federal , state, local, tribal , and territorial partners, to meet the needs of the USB P Sector. Consideration w ill be given to applications that are coordinated across multiple jurisdictions. All applicants mu st coordinate with the C BP/USBP Sector Headquarters with geographic responsibility for the applicant's location in developing and submitting an Operations Order with an embedded budget to the SAA. As OPSG continues to evolve, several proven practices are being recognized, centered on short- term , periodic ope rations in s upport of overarching near and lon g-term goa ls. A multi-st ep process will be established thro ugh the area IPT, including a campaign plan a nd a cycle of operations to ensure that OPSG partners maintain synerg is m and have a coordinated impact on reducing border-security risk. I. Concept of Operations and Campaign Planning (Post Allocation Announcement/Pre- Award) The overarching operational cycle involves three stages: 1) application, 2) concept of operati o ns to formu late a Cam paign Plan, and 3) one or m ore tactical operational periods, which are a ll developed by the IPT. All operations orders: Concept of Operations (CONOPS), Operation Orders (00) or Campaign Plans and Fragmentary Orders (FRAGOs) except for the initial application package shall be subm itted through the CBP Stonegarden Data Management System in MAX.gov. Application: Please refer to Section D -App li catio n and Submission Jnformation-Lnstructions for OPSG. Campaign Plan: After award s are announced participants wil l create and s ubmit an operations order that forms a campaign plan and captures the initial, generalized-budgetary intent to their Page 73 of 86 Appendix E-OPSG Operational Guidance 272 IPT. The campaign plan should articulate the participant agency's long -term border security objectives and goals designed to mitigate border-security risk. Funds should be obligated as needed to target specific threats or vulnerabilities and ensure that OPSG usage is commensurate to the unique risk of each border region. This may require several short-term operations that combine to form an ongoing operational cycle, ensuring that USBP commanders and state, local, tribal, and territorial agency partners reserve the flexibility to respond to the ever-changing elements of border security. The operations plan also will articulate the budgetary intent of how funds are to be used throughout the performance period. The operations plan will project planned expenditures in the following categories: overtime, equipment, travel, maintenance, fuel, and administrative funds. The sub-recipient can initiate the procurement of equipment, as well as state how much the county intends to use for M&A while keeping funds for overtime or residual equipment funds available for use as needed. If the sub-recipient intends to spend more than 50% of its award on overti me over the course of the performance period , a PRICE Act waiver request must be submitted in accordance with IB 379: Guidance to State Administrative Agencies to Expedite the Expenditure of Certain DHS/FEMA Grant Funding. The operations plan will meet both the SAA expectations to obligate the funds within 45 days of the award announcement and the demands of the grant's operational intent. Sector approved campaign plans must be submitted to USBP Headquarters no later than 4 months after the official awards announcement has been made. Tactical Operational Periods: Once the sub-recipient is ready to conduct operations, the area IPT will begin planning tactical operations. The operation order tracking number for each operational plan will be assigned by CBP/USBP. The operation order number will remain intact for the duration of the grant's PoP. In the event that changes or additional funding requests to the original operational plan must be made, a Fragmentary Order (FRAGO) will be created. These modifications will be annotated in the annex section ofthe FRAGO. II. Tactical Operational Period Operational discipline is nece ssary for the success of OPSG. Deliberate, adaptive, integrated, and intelligence-driven planning is critical to conducting targeted enforcement operations consistent with the objectives of the OPSG. By participating in the OPSG, the state, local , tribal, and territorial agencies agree to conduct operations designed to reduce border-security risk. Tactical operations will be conducted o n a periodic basis meeting the criteria outlined below. Tactical operational periods are composed of six critical elements: l) a pre-planning meeting with the IPT; 2) s pecified beginning and ending dates; 3) the integration of intelligence and border security; 4) use of targeted enforcement techniques ; 5) clearly stated objectives; and 6) an after-action meeting. A campaign should involve sev eral tactical operational periods . These periods require deliberate on-going planning to ensure command, staff, and unit activities synchronize to current and future operations. The cyclical nature of the process will ensure OPSG activities align with the fluctuating border-security threats and vulnerabilities. Pl a nners Page 74 of86 Appendix E-OPSG Operational Guidance 273 should recognize that shorter, frequent tactical operational periods increase the flexibility and leverage gained through OPSO funding. The IPT should leverage information provided by the fusion center, Border Intelligence Centers or other local intelligence center, when possible, and establish a common operational vision. The USBP sector's Chief Patrol Agent, or his/her designee, will ensure that the information or intelligence has a clear nexus to border security. Intelligence will be shared and vetted for border security value, driving the focus of operations. The tactical operational period should focus on specific targets of interest or specific areas of interest identified by the IPT. Once intelligence-driven targets are identified, the IPT will decide on operational objectives that reflect the intended impact of operations. The objectives should outline how the operation will deter, deny, degrade, or dismantle the operational capacity of the targeted transnational criminal organizations . The frequency and duration of each tactical operational period should be predicated by local risk factors. The tactical periods may be broken-down into three, six or twelve month increments . The tactical operational period may combine to develop an operational cycle that is synchronous or asynchronous, connected, or unconnected, depending on security conditions and the IPT's intent. Each tactical operational period will begin on a predetermined date and end on a predetermined date, but the dates may be subject to change commensurate with emerging security conditions. The starting date of the operational period should be established to allow sufficient time for the order to be submitted and approved by the corresponding USBP Sector and in concurrence with its SAA and USBP Headquarters. The USBP Sectors will upload copies of tactical period operations in the corresponding campaign plan folder in the CBP Stonegarden Data Management System in MAX.gov. Page 75 of86 Appendix E-OPSO Operational Guidance 274 T he fo ll owing d iagrams il lu st rate t wo di ffere nt a pp roaches for co nducti ng operat io ns :4 FY sta rt Peuod 01 CAMPAIGN PLAN 'S OPERATIONAL CYCLE DURATION: 1 FISCAL YEAR ...... - FYend ., .... d~ This cycle illustrates conti guous ope r a tions. T h i s i s an e x a m p le of a twelve month ca mpaign p lan with four tactical operational periods. FY sta rt P.,; JOI Figure 1: Example of an Ongoing Synchronized Operational Cycle CAMPAIGN P LAN 'S OPERATIO N AL CYCLE DURATIO N : 1 F ISCAL Y E AR FYend T h as cycle i llust rat es operations o n a n a~nee d e d b asi s. In response t o e m e r ging bord&r sec u r ity threats. Thi s Is an exampl e of a twelve mon t h campaign plan w ith five tactical oper a tional periods. This samp le s hows overlapp ing operat ion s as well as ti mes wtlen ther e a re no o p erati o ns being condu c t e d . Figure 2 : Example of a Dynamic, Unsynchronized Operational Cycle 4 These ill ustrat ions reflec t a twe lve month campaign plan. A cam paign plan should be written to encompas s the pe rforma nce pe riod. Perform ance periods vary from state to state, pl ease co ntact the State Administrative Agency fo r clarification . Page 76 of 86 Ap pend ix E-O PSG O pe rati ona l G ui dance 275 III. Reporting Procedures Participation in OPSG requires accurate, consistent, and timely reporting of how funds are used, and how the state, local and tribal agencies' operations have impacted border security through the mitigation of threat or vulnerability and the overall reduction of risk. Reporting will focus on: monitoring program performance; determining the level of integration and information sharing; and developing best practices for future operations. To ensure consistent reporting each state, local and tribal agency will identify a single point of contact to represent their agency as a member of the IPT and to coordinate the submission of reports or execute other aspects of the grant. The Daily Activity Report, which can be found by selecting the link for the FY 2017 HSGP NOFO on FEMA's preparedness grants page (https ://www.fem a.gov/pre paredness-n o n-di saster- gr a nts ), is to be used to submit the ongoing results and outputs from OPSG operations conducted. The information and statistics included in the DAR will be delineated by agency (friendly forces). The Daily Activity Report must be submitted to the USBP sector, or the participating agency's OPSG coordinator within 48-hours of the conclusion of each OPSG shift. Sub-recipients and Sectors are responsible to ensure that DARs are submitted in the proper format and in a timely manner. DARs will be submitted using the CBP Stonegarden Data Management System in ww w.MAX .gov. Friendly Forces receiving funding through a sub- recipient will submit OARs within 48 hours. Border Patrol Sectors and OPSG subrecipients will implement internal protocols to ensure operational data from sub-recipients and friendly force OARs are properly collected following the established guidelines . USBP Sector Coordinators will compile the results from each Daily Activity Report at the end of the month and reconcile with the OPSG s ub-recipients by the lOth day of the following month. The USBP sector will compile the reconciled results from the participating agencies and submit the results to USBP Headquarters by the 15th of each following month. In addition to the ongoing reporting of outputs, sub-recipient participants will be required to submit After Action Reports to USBP sectors within 10 days of closing the operational PoP for that funding year. The After Action Report should carefully articulate outcomes and outputs, as well as how the results of the operation compare with the objectives identified during the pre- planning meeting. Failure to submit the After Action report in a timely manner may prevent the approval of future operations requests. All AARs and other OPSG reporting requirements will be submitted through the CBP Stonegarden Data Management System in www.MAX.gov. Sectors are responsible for submitting AARs into Border Patrol Enforcement Tracking System (BPETS) as applicable. IV. Operational roles and responsibilities In order to achieve unity of effort, it is essential that each participant know the roles and responsibilities within the IPT. The USBP sector's ChiefPatrol Agent, or his /her designee, will: • Coordinate and chair the area Integrated Planning Team 's meetings ; Page 77 of86 Appendix E-OPSG Operational Guidance 276 • Coordinate with all interested and eligible state, local, tribal, and territorial agencies in the sector's area of operation during the open period of the OPSG application process by: -Assisting applicants in completing the operations planning portion of the application, which is similar to the Operations Order used by the Border Patrol 5 -Forwarding the approved operation portion of the application to CBP/USBP Headquarters, as well as to the SAA to complete the application process set by DHS/FEMA/GPD -Detailing what operationa l support the USBP Sector anticipates for specific periods and matching the capabilities of partners to fill those gaps; and • Following the announcement of grant awards, coordinate and chair a meeting with state, local , tribal, and territorial agenc ie s that received OPSG awards to develop an individualized campaign plan. This includes: -Working with state, local , tribal, and territorial agencies, along with other federa l law enforcement agencies to determine the dates, focus, and needs of each tactical operational period, ensuring that each operation has a nexus to border security; -Receiving the first periodic operations order from the state, local , tribal, and territorial agencies and ensurin g that the operation is conducted as outlined in Section I; -Monitoring and supporting the Operational Cycle throughout the performance period; -Ensuring Daily Activity and After Action Reports are submitted by state, local and tribal agencies in the proper format and within the established timeframes ; -Providing instruction, when possible, to state, local and tribal agencies regarding techniques, methods and trends used by transnational criminal organizations in the area; -Providing a single point of contact to participants as a subject-matter expert in OPSG that can coordinate, collect, and report operational activities within the estab li shed repotting procedures; -Providing verification that operations are actually conducted; -Documenting and conducting random , on-site operational verification of OPSG patrols by sub-recipients and friendly forces; -Verifying that sub-recipients are performing OPSG enforcement duties in accordance with applicable grant, statute, regulatory guidance, and in structions; and -Ensuring that grant funds are appropriately expended to meet sector border enforcement operational req uirements and assist in enhancing sub- recipient/friendly force capabilities in order to provide for enhanced enforcement presence, operational integration, and intelligence sharing in border communities. 5 Thi s wi ll no t be ent ered into the Border Pat rol Enforcem ent Tracki ng Syste m (BPETS). Page 78 of86 Appendix E-OPSG Operational Guidance 277 The state, local or tribal agency lead, or their designee, will: • Coordinate with the SAA on all grant management matters, including but not limited to the development and review of operations orders, expenditure of funds, allowable costs, reporting requirements; • Participate as a member of the Integrated Planning Team to facilitate the application process during the open period and ensure the application is submitted in comp liance with the grant instructions; • Upon receiving a grant award, coordinate and meet as a member of the Integrated Planning team to develop an individualized campaign plan that covers the length of the grant performance period; • Work within the Integrated Planning team to develop an initial Operational Cycle and determine the duration of the first operational period based on the tactical needs specific to the area; • Submit all operations orders to the SAA for review, and submit the first periodic operations order to the Border Patrol and ensure the operation meets the six criteria established in Section 11; • Conduct operations, on an as-needed basis throughout the length of the grant performance period ; • Integrate law enforcement partners from contiguous counties and towns into their tactical operations to expand the layer of security beyond existing areas; • Ensure all required reports, including reports from friendly forces, are submitted to the Border Patrol and the SAA, when applicab le , in the proper format and within established timeframes; • Ensure appl icable Operation Stonegarden derived data is shared with the designated fusion center in the state and/or Urban Area. • Request instruction and information from the SAA, when applicable, and/or Border Patrol and other federal law enforcement agencies regarding techniques, methods, and trends used by transnational criminal organizations in the area; and • Provide the SAA and Border Patrol a single point of contact that maintains subject-matter expertise in OPSG who can coordinate, collect, and report operational activities within the established reporting procedures. The SAA will: • Actively engage in the lPT meetings; • Work in direct coordination and communication with the local or tribal agency lead on all grant management matters; • Review all operations orders created by the local or tribal agency; • Acts as the fiduciary agent for the program and provide expertise in state policy and regulations; • Enter into a sub-award agreement to disburse the allocated funding awarded through DHS/FEMA/GPD; • Generate quarterly reports to DHS/FEMA capturing the sub-recipients' obligation and expenditure of funds; Page 79 of86 Appendix E-OPSG Operational Guidance 278 • Determine if the grant's performance period requires additional refinement over the federally established 36-month period ; and • Conduct audits of the program to ensure that the sub-recipients are in compliance with program guidance. V. Definitions (OPSG only) Area oflnterest: A specific area, areas, or facilities known to be used by trans nati onal criminal organizations in furtherance of their criminal activity. Campaign Plan: The first Operational Order based on the CONOP aimed at accomplishing a strategic or o perational objective within a given time and space. Concept of Operations (CONOP): A written statement that clearly and concisely expresses what the state, local or tribal commander intends to accomplish and how it will be done usin g available re sources (and funding). It is also the operational equivalent of the OPSG grant application. Fragmentary Order CFRAGO): A fragmentary o rder is a modification of the approved campaign plan . After an operation order has been approved, any changes to a campaign plan will be submitted as a FRAGO. Subsequent FRAGO's are permissible. Friendly Forces: Local law enforcement entities with whom OPSG s ub-recipients provide funding to support border security operations. Integrated Planning Team: Group that coordinates on all aspects of OPSG application, planning, and de-briefings . Operational Cycle: A deliberate on-going cycle of command, staff, and unit activities in tended to synchroni ze current and future operations (driven by current intelligence and short-term goals that support the campaign). Operational Discipline: The organized manner in which an organi zation plans, coordinates, and executes the OPSG mi ssion with common objectives toward a particular o utcome. Operation/Operational Order (00): A formal des cription of the action to be taken to accomplish or satisfy a CONOP, Campaign Plan, or F RAGO. The 00 includes a detailed description of actions to be taken and required logistical needs to execute an operation. Performance Measure: A numerical express ion that quantitatively co nveys how well the o rgani zation is doing agains t an associated perfo rmance goal, objective, or standa rd. Risk: Potentia l for an adverse o utcome assessed as a function of threats, vu ln erab ilities , and consequences associated with an incident, e vent, or occurrence. Page 80 of86 Appendix E -OPSG Operational Guidance 279 Tactical Operational Period: An operational segment that meets the following six criteria: l) specified beginning and ending dates; 2) begins with pre-planning; 3) is intelligence-driven; 4) uses targeted enforcement techniques ; 5) has clearly stated objectives; and 6) concludes with an after-action meeting. Targeted Enforcement: The leveraging of all available assets against a specific action, area, individual , or organization and using those deemed most appropriate to mitigate risk. Target of Interest: A specific person, group of persons, or conveyance known to be part of, or used by transnational criminal organizations to advance their criminal activity. Threat: Information expressing intent to conduct illegal activity often derived from intelligence sources, the overall context, a specific event or series of events, or observation of suspicious activity. Tier: Tier refers to the geographical location of a municipality, county or tribe with respect to the border, i.e., Tier 1 is a county located on the border; a Tier 2 county is a county contiguous to a Tier 1 county. A Tier 3 is a county not located on the physical border; a Tier 3 county is a county contiguous to a Tier 2 county. Unity of Effort: Coordination and cooperation among all organizational elements, even though they may not be part of the same "command" structure, to achieve success. Vulnerability: The protective measures in place are less than the protective measures needed to mitigate risk. Page 81 of86 Appendix E -OPSG Operational Guidance 280 Appendix F-FY 2017 HSGP Allowable Cost Matrix Allowable Program Activities o SHSP UASI OPSG 6 Current as of publication for FY 2017 Programs . This list is not all -inclusive . See the respective program guidance for addi tional details and/or requ irements Page 82 of 86 Ap pendi x F -FY 2 017 H SGP A ll owabl e Cost M atri x 281 iti es and others with N Page 83 of 86 Appendix F -FY 2017 HSGP Allowable Cost Matrix 282 Appendix G-FY 2017 HSGP Supplemental Material GPD collaborates with various s ubject-matter experts and acknowledges the value and expertise these federal partner agencies provide to help shape the development and implementation of the HSGP. This continued partnership and collaboration helps provide recipients with the greatest number of resources required to effectively manage and implement funds as well as promote transparency. Therefore, GPD is providing hyperlinks to information on various subjects and policies that are relevant to the missi on and intent of the DHS/F E MA and its preparedness grant programs. Radiologicai/N uclear Detection The Domestic Nuclear Detection Office (DNDO) is charged with coordinating the development of the global nuclear detection and reporting architecture for a managed and coordinated response to radiological and nuclear threats. This is achieved through planning and coordination efforts with partners from federal , state, local , tribal , territorial, and international governments and the private sector. T o support these efforts, DNDO has developed a Radiological/Nuclear Detection Supplemental Resource to provide guidance to stakeholders seeking to build or sustain pre ventive radiological and nuclear detection capabilities using DHS/FEMA preparedness grants . The guidance outlines integrating these capabilities with broader national preparedness initiatives, including PPD-8 and THIRA, as well as the Global Nuclear Detection Architecture using POETE-aligned activities. For more information please refer to http ://www.dhs .gov/publ ic at io n/ho m e land-sec urity-grant-program-h s gp-s uppleme nta l-resource - ra di o logicalnuc lear-d e tection. National Information Exchange Model (NIEM) NIEM is a common vocabulary that enables efficient information exchange across diverse public and private organizations. NIEM can save time and money by providing consistent, reusable data terms and definitions and repeatable processes. To support information sharing, all recipients of grants for projects implementing information exchange capabilities are required to use NIEM and to adhere to the NIEM conformance rules. Visit http s://ni e m .gov/g ra nts for guidance on how to utilize DHS/FEMA award funding for information sharing, exchange, and interoperability activities . The NIEM Emergency Management domain supports emergency-related services (including preparing first responders and responding to disasters), information sharing, and activities such as homeland security and resource and communications management. The Emergency Management d o main has an inclusive governance structure that includes federal, state, local , industry, and, where necess ary, international partnerships. The NIEM Emergency Management domain is committed to community support via technical assistance and NIEM training. For more information on the NIEM Emergency Management domain, to request training or technical ass istance or to just get involved, visit http s ://ni e m .gov/EM. Integrated Public Alert and Warning System (IPA WS) The 2017 IPA WS Supplemental Guidance on Public Alert and Warning provides guidance on eligible public alert and warning activities and equipment standards for prospective state, local , tribal , and territorial recipients. The intent of this document is to promote consistency in policy Page 84 of86 Appendix G-FY 20 17 HSGP Supplemental Material 283 acro ss federal g rant program s, and to ensure compatibility a mon g federally-funded proj e cts. For more informati o n o n the IPAWS, pl ease go to https ://www.fema.gov/media- lib rary/assets/doc uments/l 0 55 18. Homeland Security Information Network HS IN is a user-driven , web-based, information sharin g platform that connects all homeland security professional s in cluding the Department of Homeland Security (DHS) and its federal, state, local , tribal , territorial , international , and private sector partners across all homeland security mi ss io n areas. H SIN is u se d to s upport dail y o peration s , eve nts, exercises, natural disasters, and incidents. To support user mi ss ion needs, HSIN provides three set s of service s for se cure informatio n sharin g. The first service provides a shared place for communities to securel y collaborate on homeland se curity issues and in c lude s core functions such as a web co nfe rencin g and instant messagi ng tools with w hite boarding, video , and chat serv ices for real time communication and situational awareness. The second set provid es sec ure disseminati o n and sharing capabilities for homeland security alerts , report s, and products. The third set allows use rs to access and que ry a variety of s ha red data a nd services from a ll homeland sec urity mi ssion areas and tru ste d federal partners. Pre pared ne ss grant fu nd s may be used to s upport pl a nning, training and development costs associated w ith developing and managi ng, miss ion critical , H SIN co mmunities of interest an d s ites . Learn more abo ut H SIN at http://www.dhs.gov/hs in-h s gp- guidance. GSA's State and Local Purchasing Programs T he U.S. General Serv ices Administrat ion (GSA) offers two efficient and effective procurem ent program s for State and local and gove rnm ents and certai n o ther no n-F edera l e ntiti es, to purc ha se products and se rvices directly from pre-vetted co ntracto rs, to fulfill ho mel a nd security and techno logy needs . The GSA Schedules (also referred to as the Multiple Award Schedules and the Federal Supply Schedules) a re long-term government-w ide contracts with co mmercial firms that provide access to milli o ns of co mmercia l products and services at volume discount pricing Cooperative Purchasing (wvvvv.gsa .gov/coo perativepurchas in g) Cooperativ e Purchasing, authorized by st atute , a ll ows state and local governments t o purchase und e r specific GSA Federal Supply Schedul e (also known as Multiple Award Schedules (MAS) a nd Schedul es) contracts to save time, money, and meet the ir everyday needs and mi ss ion. State and loca l governments are authori z ed to purchase IT products, software and serv ices found under Federal Supply Schedule 70 an d the IT related categories under the Conso lid ated Schedule throug h the introduction of Cooperative Purchasing, and state and local governm ents may purchase a larm and s ignal systems, fac ili ty ma nage me nt systems, firefighting a nd rescue equipment, law enforce me nt and security eq uipment, marine craft and rel ated equipment, spec ia l purpose clothing, a nd re late d serv ices as co nta ined in Federal supply Schedule 84 (or a ny amended or s ubs equ ent vers io n of t hat Federal supply classification group). Disaster Purchasing (www.gsa.gov/di s as terpurchas in g) Di saster Purchasing, authorized by statute, allows state a nd loca l governments access to a ll Fede ra l Supply Schedules, for th e purchase of products and serv ic es to fac ilitate di saster prepared ness or response or recove ry from majo r disasters declared by the presid ent unde r the Pa ge 85 of 86 Appendix G -FY 20 17 HSGP S upplem e ntal Material 284 Robert T. Stafford Disaster Relief and Emergency Assi s tance Act OR to facilitate recovery from terrori s m, or nuclear, biological , chemical , or radiological attack. State, Local, Tribal and Territorial (SL TT) Cybersecurity Engagement Program The DHS Office ofCybersecurity and Communications (CS&C), within the National Protection and Programs Directorate, is responsible for enhancing the security, resilience, and reliability of the Nation's cyber and communications infrastructure. CS&C works to prevent or minimize disruptions to critical information infrastructure in order to protect the public, the economy, and government services. CS&C leads efforts to protect the federal ".gov" domain of civilian government networks and to collaborate with the private sector-the ".com" domain-to increase the security of critical networks. The DHS SL TT Cybersecurity Engagement Program within CS&C was established to help non- federal public stakeholders and associations manage cyber risk. The program provides appointed and elected SL TT government officials with cybersecurity risk briefings, information on available resources , and partnership opportunities to help protect their citi z ens online. Through these and related activities, the program coordinates the Department's cybersecurity efforts with its SL TT partners to enhance and protect their cyber interests. More information on all of the DHS CS&C resources available to support SLTT governments is available at https ://www.us- c eJt .gov/ccu bed v p. Regional Resiliency Assessment Program (RRAP) The Regional Res iliency Assessment Program (RRAP) is a cooperative as se ssment of specific critical infra structure within a designated geographic area and a regional analysis of the surrounding infrastructure that address a range of infrastructure resilience issues that could have regionally and nationally significant consequences. These voluntary, non-regulatory RRAP projects are led by the Office of Infrastructure Protection (IP), within the Department of Homeland Security's N a tional Protection and Programs Directorate, and are selected each year by the Department with input and guidance from Federal, State, and local partners. For additional information on the RRAP, please visit https://www.dh s.go v/region al-res iliency- assessment-progr am. Page 86 of86 Appendix G -FY 2017 HSGP Supplemental Material 285 LOS ANGELES COUNTY/DEPARTMENT OF AUDITOR-CONTROLLER EXHIBIT G SHARED SERVICES DIVISION GRANT PAYMENT REQUEST SECTION A: SUBMITTING YOUR REQUEST Please submit legible supporting documents. fi les and completed request form at: 1. Grant Name & Yea r: G ra nts@a ud it or .lacounty .gov In the event e-mail is not available, you can mail your Grant payment re quest to (pl e a se do not fax or send d uplic ates): Department of Auditor-C ontroller Shared Services Division I Attn : Grants Unit 3470 Wilshire Blvd., Suite 812 Los Angeles, CA 90010 1 20 SECTION B: SUB-RECIPIENT'S INFORMATION 1. Sub-recip ient's Name: (reimbursement check will be made payable to the name enter here) ,3. Taxpayer ID #: 4 . Contact's Name : 2. Mailing Address (please let us know where you want you r check delivered, including attention line if necessary): 4 . Contac t's phone: 4 . Contact's e-m a il: SECTION C: DETAIL PAYMENT REQUEST INFORMATION 1. SOLUTION AREA 2.1TEM # 3 . 4. EHP required? (e.g. equipment , training, (e.g . 17.020) PROJECT (Environmentat&H istotlcPreservation) planning , exercise) ALPHA (e.g. D) No Yes (attach prior State Approval) 5. VENDOR'S INVOICE# If services , supplies or equipment were purchased, please attach invoices (maximum of 5 ) and indicate purchase method by completing numeral 6. 6 . PURCHASE METHOD • If the purchase price is $150K or more for a Non- Competitive Bid or a Sole Source , please attach State's prior Approva l. Competitive Bi d? (How Non-Competitive S 1 S Bid o e ource many ?) 7.CLAIM AMOUNT (indicate the amount per each li ne) I ! i I -------+----------r--------1-----------------+--------------------r------------~' ----------~-----------]' ---------------- 1 I I ===~~~=~:t=:=-~~~==j===-~=~===t=~~=:====~l===-~======I==--== I I I I I I -------------------+-------------1------------i-----------------------+----------------------------------r---------------..,.-----------------------4-------------- i I 1 1 • i I SECTION 0: SUB-RECIPIENT'S CERTIFICATION I ce rtify that (please use the checkbox): D 1. I am the duly autholized officer of th e claimant herein and this claim is in all respect true and correct. An expenditures were made in accordance with applicable laws, rules , re gula tions and grant conditions and D assurances. 2. Al l instructions for this form were folowed and all the supporting documentation (per instructions) is included with this claim. 3 ·----------~~~~~~---------AUTHORIZED SIGNATURE 4. ------------=---~-----------AUTHORIZED PRINTED NAME 5. AUTHORIZED CONTACT INFORMATION (tf different from Section B): PHONE# ______________________ __ E-MAIL : DATE AUTHORIZED TITLE NOTE: This Form is intended for Internal SSD review purpose only. Rev ised on 11/20/2017 8. TOTAL $ STAMP W ITH RECEIVED DATE HERE: ASSIGNE D INVOICE NO.: 286 COUNTY OF LOS ANGELES DEPARTMENT OF AUDITOR-CONTROllER/ SHARED SERVICES DIVISION INSTRUCTIONS TO COMPLETE THE GRANT PAYMENT REQUEST Purpose of these instructions: To assist sub-re cipients in completing the Grant Payment Request. We appreciate your participation in this program , for questions or suggestions please use our e-mail below to contact us. Please do not send these instructions to us, they are to be used for your guidance only. !SECTION A: GENERAL INSTRUCTIONS FOR SUBMISSION OF GRANT PAYMENT REQUEST In numeral1 of this section , please enter the name and year of the grant program that you are submitting for payment. In addition , please help us expedite the process of your Homeland Security c la ims by: • Completing the Grant payment request correctly and according to these i nstructions. • Submitting your Grant payment request using our e-mail-> Grants@auditor.lacounty.gov (please do not fax documents). • Sending your Grant payment request on ly once (we do not require original documents and duplicates will s low down our process). • Using the checkboxes to ensure all the required supporting documents and files accompany your Grant payment request. Supporting documents are flagged for your convenience with a checkbox within the co rre sponding areas. • Ensuring that all documents attached to your Grant payment requests are legible . • Submitting Grant payment request timely. We do not guarantee the process of Grant payment requests that are submitted late or too close to the final due date. Re imbursable expenditures need to be charged within the performance period of the grant and submitted to us as soon as they are incurred. !sECTION B: SUB-RECIPIENrS INFORMATION The following numerals provide the instructions to fill in the corresponding numeral in the form : 1. Please enter the name of the agency requesting for payment. The name of the agency should be typed according to its signed agreement and as you need it to appear in the payee line of the reimbursement check . 2. 3. 4. Please e nter the complete address (street number and name, city , zip code) and attention lin e where you will need to receive the reimbursement check. Please note that this is not necessary for L.A. County departments. Please enter the tax ID of the governmental entity request ing payment. Please leave blank fo r L.A . County departments. Please enter the information of the person that can assist us with detail claim questions. !SECTION C: DETAIL PAYMENT REQUEST INFORMATION: In orde r to expedite your Grant payment request , in th is are a's grid , include a maximum of five (51 invoices or reimbursements charges (one charge or one invoice per line). The invoices or charges need to share the same so lution area, project alpha and item#. In addition, invoices from one f isca l year should be clai med separate from invo ices of another fiscal year. For example : an invoice dated June 2015 (FY 14/15) should not be combined with an invoice dated October 2015 (FY 15/16) in the same claim re quest. The following numerals provide the instructions to fill in the corresponding numeral in the form: 1. Enter the solution area corresponding to the claim . This information is found in the latest budget of the grant. Examples of solution areas are: equipment, training , planning or exercise . 2. Enter the item# corresponding to the claim. This information is found in the latest budget of the grant. An example of Item# is 17.020. 3. Enter the project alpha corresponding to the claim . This information is fo und in the latest budget of the grant. An example of project alpha is D . 4 . Check with an X under either yes or no according to the claim 's Environmental & Historical Preservation (EHP) requirements from the State. EHP approval needs to be obtained from the State prior to the start of the project on certain equipment items (see AEL description) or training/exercise projects. Please attach the following : a) D State EHP Approval : if required by the state for your claim. Revised on 11 /20/20 17 Page 1 of 4 287 !SECTION C: (Continued) 5. If the expenditures that you are claiming were purchased thru a vendor or contractor, please enter the invoice# in the grid area. Please note that you are responsible for following acceptable purchasing policies and for documenting your procurement process. Additionally please include the following documentation with your claim: a ) D Copy of the invoice: Please attach an invoice that provides sufficient information to be used as a cross reference with the items described in your grant line item and AEL #. When the i nvoice includes items that are not being claimed or that belong to different claims or grants, please circle and desig nate on the invoice the items that you are requesting for reimbursement. Each item circled must have a project#, a funding source, and a total. Purchase orders and price quotes will not be accepted in the place of the invoice. b) D Copy of the purchase order c) D Print out of the corresponding AEL # (Authorized Equipment List number). The AEL listing can be found at: https://www.rkb.us/fema_grants .cfm d ) D Proof of payment of the invoice: The proof of payment for L.A. County Departments is the printout from e-CAPS showing that the check cleared the bank. The proof of payment for other than L.A. County Department is the corresponding copy of the bank's cleared check . e) D Calculations for use tax paid: When use tax is paid , clearly show the calculations of the use tax in the invo ice included in your claim . f) D g) D Proof of payment of the use tax: Please provide official documents w hich authenticate the rem ittance of the use tax to the state , the amount and the reference to the invoice being claimed. Federal Debarment Listing: Please prov ide a screen print out of the queried Federal Debarment Listing at http ://www.sam.gov/portal/public/SAM . (you will need a username and a password ; if yo u don't please create an account) . The listing needs to be queried prior to the selection of the vendor. 6. If you are claiming services , supplies or any other type of items purchased thru a vendor or co ntractor, please indicate with an X the method that you used to acquire the items (do not leave blank or mark more than one). Please note that competitive bid , non-competitive bid or sole source are the only valid purchasing methods. a) 0 Competitive Bid: for projects that rece ived more than one bid . Please indicate number of bids received (must be more than one). b) D c) D Non-Competitive Bid: for single b id purchases of $150,000 or more to a single vendor or a single project, please attach the approval from the State. The approval needs to be requested from the State prior to the start of the project. Sole Source: for non-bid purchases of $150 ,000 or more to a s ingle vendor or a single project, please attach the approval from the State. The approval needs to be requested from the State prior to the start of the project. 7. Enter the amount of your claim after you verify that your budget is sufficient to cover your request. When the amount of the budget is not sufficient, please let your Program Coordinator know of the possible need for budget modification . 8. Enter the "Total Amount" by adding the subtotal claims included in each line. lSECTlON 0: SUB-RECIPIENT'S CERT1FICAT10N The following numerals provide the instructions to fill in the corresponding numeral in the form: 1. Please read and check the box provided if you are an authorized signor. 2. Please read and check the box provided if you are an authorized signor. 3. Please sign the Grant payment request if you are an authorized signor of your agency. 4 & When the authorized person is the same as the contact person i n Section B you do not need to enter the authorized contact information. If the 5. authorized person and the contact person in Section B are different, please enter all the fields in this area as requested . Revi sed on 11 /20 /2017 Page 2 of 4 288 ADDITIONAL ITEMS THAT YOU NEED TO ATTAC H TO YOUR GRANT PAYMENT REQUEST: For Equipment Claims : a) 0 Equi pment Inventory Listing (Print out & Excel File): P lease inc l ude bo th th e pr intout of the listing and th e corresponding excel f ile with your claim. T he excel fi le is used to submit your claim with the state and the printo ut as backup do cument for audits. If t here is no serial# for your equipment please assign a v al id ID tag , o r write "Consumable" (if it applies) or write N/A. please do NOT leav e th e correspond i ng spa ce blank. •1Piease refer to the Ins tructions t o Equip lntv Tab for c ompletio n p rocedures o f Equ i pme nt Inven t ory. Additionally , p lease enter the appropriate CBRNE Mission (Chemical , Bio logical, Radi ological, Nuclear, o r Explosive) in the column ti tl ed "Equip ment Descri pti on & Quant ity". This only applies to v ehicles with A EL # 12V E-OO-MISS (Vehicle Spec iali zed Mi ssi on :CBRN E). You need to i nform us of any c hange s on t he ite ms a bove *1. This applies to ea c h p ie ce o f equi pment added in the Inventory Lis ting, including when the items are disposed and/or no longer useful. We will update the mas ter i nventory l i s ting (per grant re qui r ement) accordi ng t o the in formation y o u give us. Please mak e sur e that you include all t he attac hments t hat are necessary t o provid e us w it h the reque ste d i nformation. For Training Claims: a) D b) D State-Sponsore d Tr aining Re porti ng Fo rm (with the track ing re que st#): P lease add this f orm al ong w ith th e Train ing Request Fo rm Train ing Officer (POC), which y ou completed at the website, to the cla im's backup docum entation. All the b ackup d ocumentat ion submitted for the train ing claim needs to agree with the train ing period and th e detail descr ipt ion on the Training Reporting Fo rm and the l ine item of the Grant. Traini ng request #'s must be obtained f rom the State prior to the st art of the proje ct. Re cei pts and paid invo i ces : please i nclude the c omplete copy of the receip ts and pa id inv oices with yo ur c laim for itemized costs such as air plane tickets, hotel stays, instructor's fees , work shop cost, faci lities fees , co nsulti ng se rv ices, etc. A dd itionally, yo u will need to include the documents re q uested in numeral 5 under Section C . If you are i nclud ing per sonnel cost with you r train ing cla im , p lease add the following : c ) D Personne l List (Print out & Excel File): Please include both the printout of the list ing and th e corresp ond ing ex cel file w ith your claim . T he excel file is used to submit your claim w ith t he state and the printout as backup docume nt f or aud its . d) D Documents that c ertify complet i on o f t he t r ai ning: please attach sup porting d oc uments that s how t he c lass name, dates o f trai ning , # of ho urs of the trai ning c lass, prin ted name a nd s ig nature of individual taking the c lass and approval signature f rom supe rvi sor or trainer (attach the information for backfilled positions also). Examples of documents that certify c ompletio n of training are: e) 0 f) D • A ttendance sheets (s igned by employee a nd in structo r) • Sign in sheets (same as abov e) • S igned tra i ni ng certificates Summary Listing of Charges: P lease use the Trai ning Summary Sheet fo rm pro v ided i n this claim pa cket that c l early s hows the breakdown of the training charges pe r employee and that match the total claimed. This form includes the following : employee name, assignment, j ob t itle, date, salary, hours claimed, regu l ar rate , ov ertime rate , empl oyee benefits rate, cla im amou nt per em pl oyee, c lear c alculations of amou nt claimed per employee and total (equal to the amount c la im ed ). Please e nsure that the Training Summary Sheet Is v e rified/approved by an a utho rized signat ory , w ith pri nted name a nd tit le, and dated . B a ckup f o r t h e B e nefits Rate: If you are adding benefits to your cla im , please make su re that y ou include the offi ci a l c alcu lation f or the rate used . g) 0 Timecards: Include a p rintout of the corres ponding tim eca rds. Manual t imecards need to ind icate t he# of hou rs ch arged per day to the grant, su pervisor's signature , em ployee na me and signature. Aut o mat ic system gener ated timecards need t o be approv ed and i nclude the name of the employee and hours charged per day to the g rant. h) 0 E x planati on of t imekeeping c o d es : W hen the supporting doc umentation (ti mesheet, p ayro ll reg ister, etc.) includes tim eke eping codes please prov ide a printout with the ex pl anation of the usage as detai led as possib le. i) D Payroll regist er: The payro ll reg ister needs to clearly s upport and e xp lai n the amount claimed per employee. It a ls o needs t o show the s al ary, hourly rate, emplo yee benefits and overtime rate. Revised on 11 /20/2017 Page 3 of 4 289 j) 0 Roster of backfilled positions : When you are claiming overtime for a backfilled position, please attach the backfilled roster to you r claim. The roste r needs to include the name of the backfilling employees, a short description of duties performed, the corresponding employee whose duties were covered and the dates accordingly. Please make sure that the roster is signed and th at you include documentation corresponding t o the employee covered by the backfilling position. For Planning Claims: a) D b) D c) D Deliverable (or final product): Please include with yo ur claim the final product of the planning activity (deliverable) th at was ident ified in the grant award . Signed Certificate of Completion: The certificate of completion can be an e-mail confirm ing that the plannin g activity was completed. Invoices: If your planning claim includes charges invoiced by vendors , please see requiremen ts and documents you need to attach to your claim form under Section C (numeral 5 and numeral 6). d) D Supporting Documentation for Personnel Cost: When your plannin g claim includes personnel cost , please see d) to i) under Training Claim (supporting documents needed) and add to the documentation. For Exercise Claims: a) D Proof of State Approval of After Action Report (AAR): In order fo r your AAR to be approved you hav e to submit it to the State using the ODP Portal (see link below), within 90 days after completion of the exercise. You need to notify the State when the AAR i s up loaded so they can proceed with the approval process . b) D c) D https://hseep.dhs.gov/DHS_SSO / Invoices: If yo ur exercise claim includes charges invoiced by vendors please see requ irements and documents you need to attach to yo ur claim form under Section C (nu meral 5 and numeral 6). Supporting Documentation for Personnel Cost: When your exercise claim includes personnel cost, please see d) to i) under Train ing Cla im (supporti ng documents needed) and add to the documentation . For Organization Claims: Please see above b) and c) under Exercise Claims Revised on 11 120/2017 Page 4 of 4 290 GRANT NAME: SUB-REOPIENT: DATE OF REPORT: ____________________________ __ Grant Year Project Une Alpha AEL No. Description of Property N:Gr~~,.._CtrirCJFoftwi/Pf~&£qulpCMflll,_lrK'fUA..Ini Reviw'dO'J(lOt7 GRANT PROPERTY AND EQUIPMENT INVENTORY USTING Seri;ll # or SAfECOM Source of Department Othe r 10 I Consult Property (Title Holder) (Yeo/No/NAJ (Pros:ram) Vendor Name Invoice Number Acqu is ition Dat e Cost "of FED Participation location P. of Use & Condition Disposition (N=New, Date Sale Pri ce D=Oeployed, ();Out of Service, l ;lost, ~- 291 Equipment Inventory Listing Procedures for Completion OBJECTIVE: To provide an equipment inventory listi ng that links the State Homeland Security Workbook. to the Equipment Ledger and to the Equipment Listing to simplify the tracking and accountability; and to eliminate duplication and confusion. Field Date Element Procedure (1) Grant Name SHSP or EMPG (2) Sub-Recip ie nt Name of your agency (3) Date of Report Date report completed {1} (4) Grant Year Grant Year of funds used to purchase equipment (5) Project Line Project Line (from Grant Workbook) (6) Proj ect Alpha Project Alpha character (from Grant Workbook) (7) AEL No . Authorized Equip Listing No (from Grant Workbook) (B) Description Description of the equipment (9) Serial# or Other ID # Serial # or Other identif ication # used (10) Safecom consult Fill out either by Yes, No , or N/A (11) Source of Property Funding source, i.e, SHSP , EMPG, etc. (12) Title Holder Name of agency (City/Department) (13) Vendor Name Name of the vendor (14) Invoice Number Invoice number (15) Acquisition Date Date equipment acquired (16) Acquisition Cost Cost of the individual equipment item (17) %of Fed Part Fed particip ation in the cost of equipment (18) Locatio n Location of equipment (19) Use & Condition Use & condition {2} (20) Disposition data Date of disposition (2 1) Sale Price Sa le price, If applicable, or N/A for not applicable The Equipment Inventory Listingmust be completed in its entirety to meet the objective of the form. Note {1}: This date should be the date the physical inven tory of equipment was taken and the results reconciled with the equipment records (at least once every two years). {2} Indicate: N =New, D =Deployed, 0 =Out of Service, L =Lost & S =Stolen Distribution Co py maintained in sub-recipient file Copy forwarded to Shared Services Division 292 Grant Name Jurisdiction Name : Training Provider: OHS Approved Course Title : Non-SLGCP Course Title & OHS Tracking No. (requires pre-approva l thru OEM) Date of Course: Class/ Exercise Duration/Hours: EMPNO. !iiM PLQYEE NAME A~~~~i!::!MiiNT 1 2 3 4 5 6 7 8 9 10 GRAND TOTAL Approved by: Authorized Signature Print Name and Title TRAINING TRAINING REQUEST. START DATE TITLE (for Tra1nmg only) Date Training Summary Sheet TRAINING END DATE ~ OT l:lQ!,LRS RE~ RATti OTRATE QT PAY $ $ Are you claiming !gr. Emelo:tee !amelo:tee Benefits? I B enefits Rate CLAIM TOTAL $ . $ - 293 CALIFORNIA GOVERNOR 'S OFFICE OF EMERGENCY SERVICES (cal OES) PLANNING ROSTER Plann ing Activity Solution Area Discipline Funding Source Total Cost Total Cla imed cash Request Final Product Project Sui>-Category Number -- GRAND TOTAL $ I I I I - Approved by: Authorized Signature Print Name and T itle Date FMFW v 1.09-06109 294 CAUFOR NIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) EXERCISE ROSTER Exercise Title Funding Source Solution Area Discipline Cash Request Total Cost Total Claimed Conducted By Date of Exercise Type Exerdse Role Date AAR entered into HSEEP Project Sub-Category Number Exercise - - GRAND TOTAL I$ Approved by: Authorized Signature Print Name and T itle Date FMFW v 1.09-06/09 295 CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) Total Sa lary & Funding Project Employee Name Project I Deliverable Discipline Solution Area Solut ion Are a Sub Dates of Payroll Benefits charged Total Project REIMB Total Cost Charged Source category Period for this Reporting Hours Request# to Grant Period - -N/A - FMFW vl.lSa -2015 296 8. Notes on Personnel Cost: In general. costs associated with: 0 Work performed under contract for a specific deliverable DOES NOT count against the personnel cap , however, 0 Work performed under contract for an undefined period, such as for personnel costs supporting operational activities , including general planning , training or e xercise activities DO count against the personnel cap; and 0 Work performed by all non-contractor personnel , including for full-or part-time staff and operational overtime DO count against the personnel cap . The following examples would not count towards the personnel cap: 0 Vendor installation of a radio tower; o Vendor training on new equipment purchased; 0 Contractor hired to create an Emergency Operations Plan ; 0 Contractor hired to provide deliveries of ICS 400 ; and D Contractor hired to assist with planning, tra ining , evaluating , and reporting the effectiveness of a specific exercise. The following examples would count towards the personnel cap: 0 Contractor hired to be the State's WMD tra ining instructor w ith no spec ific de live rabies under contract ; o Contractor hired to facilitate unidentified number of exercises throughout the performance period ; 0 Contractor hired to be the part-time auditor of Homeland Security Grants throughout the year ; and D Contractor hired to be an intelligence analyst. 297 298 SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1740313-1 Page 2 2 TERMS & CONDITIONS OF PURCHASE FOR CONTRACT 1740313 ***NOTE: THE COUNTY OF LOS ANGELES IS USING A NEW DATABASE NUMBERING SYSTEM; THEREFORE, THE COUNTY OF LOS ANGELES MASTER PURCHASE AGREEMENT NUMBER 1240419 (TERM: 2012 - 2017) WILL HAVE A NEW NUMBER ASSOCIATED WITH IT. THIS NEW NUMBER IS A PROCEDURAL CHANGE AND DOES NOT CHANGE THE NATURE OF THE EXTENSION OF THE AGREEMENT NUMBER 1240419. ALL THE TERMS AND CONDITIONS OF THE AGREEMENT REMAIN THE SAME.*** ****NOTE: THIS CONTRACT SHALL BE FOR THE PURCHASE OF RADIO COMMUNICATION EQUIPMENT & RELATED ACCESSORIES ONLY. PRODUCTS WITH RADIO COMMUNICATIONS AS AN ADDTIONAL FEATURE (I.E DESK OR LAPTOP COMPUTERS) SHALL NOT BE PURCHASED UNDER THIS CONTRACT.**** CONDITIONS OF PURCHASE: THIS CONTRACT SHALL BE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS AND ANY ATTACHMENTS HERETO. NO OTHER CONDITIONS OR MODIFICATIONS OF THESE TERMS AND CONDITIONS WILL BE EFFECTIVE UNLESS SPECIFICALLY AGREED TO IN WRITING BY THE COUNTY OF LOS ANGELES (COUNTY). FAILURE OF COUNTY TO OBJECT TO PROVISIONS CONTAINED IN ANY ACKNOWLEDGMENT, DOCUMENT OR OTHER COMMUNICATION FROM VENDOR SHALL NOT BE CONSTRUED AS A WAIVER OF THESE TERMS AND CONDITIONS NOR AN ACCEPTANCE OF ANY SUCH PROVISION. 1. TERMS OF AGREEMENT: THE TERM OF THIS AGREEMENT SHALL COMMENCE ON THE DATE THE AGREEMENT IS EXECUTED AND SHALL EXPIRE IN THREE (3) YEARS THEREAFTER, UNLESS SOONER TERMINATED OR EXTENDED, IN WHOLE OR IN PART, AS PROVIDED IN THIS AGREEMENT; EXCEPT THAT: A. COUNTY MAY EXTEND THIS CONTRACT FOR AN ADDITIONAL 24 MONTHS. (TO BE DONE IN 12 MONTH INCREMENTS). B. COUNTY SHALL NOTIFY VENDOR OF ANY DETERMINATION TO EXTEND THIS AGREEMENT NOT LESS THAN THIRTY (30) DAYS BEFORE THE EXPIRATION OF THE ORIGINAL OR EXTENDED AGREEMENT. C. COUNTY'S PROJECT MANAGER MAY AUTHORIZE MONTH TO MONTH EXTENSION AT THE ENDOF EACH AGREEMENT TERM, NOT TO EXCEED SIX (6) MONTHS. VENDOR AGREES THAT SUCH EXTENSIONS SHALL BE AT THE SAME RATES, TERMS AND CONDITIONS. ANY AGREEMENT FORMULATED FROM THIS INQUIRY MAY BE CANCELLED BY EITHER PARTY, AFTER INITIAL YEAR OF THE AGREEMENT PERIOD, UPON NINETY (90) DAYS WRITTEN NOTICE. THE COUNTY MAY CONTINUE TO PLACE ORDERS AGAINST SAID AGREEMENT UNTIL THE EFFECTIVE DATE OF SUCH CANCELLATION. 2 DELIVERY: DELIVERY SHALL BE AS STATED HEREIN. WHEN USING COMMON CARRIERS, COUNTY RESERVES THE RIGHT TO DESIGNATE THE TRANSPORTATION CARRIER. FAILURE ON THE PART OF VENDOR TO ADHERE TO SHIPPING TERMS SPECIFIED HEREON OR WRITTEN AGREEMENT MAY, AT COUNTY'S DISCRETION, RESULT IN ADDITIONAL HANDLING COSTS BEING DEDUCTED FROM VENDOR'S INVOICE. COST OF INSPECTION ON DELIVERIES OR OFFERS FOR DELIVERY WHICH DO NOT MEET SPECIFICATIONS WILL BE FOR THE ACCOUNT OF VENDOR. UNLESS OTHERWISE SET FORTH HEREIN, ALL ITEMS SHALL BE SUITABLE PACKED AND MARKED. PURCHASE ORDER NUMBER MUST BE ON ALL SHIPPING DOCUMENTS AND CONTAINERS. 3 INVOICES: INVOICES SHALL BEAR UPON THEIR FACE THE PURCHASE ORDER NUMBER WHICH APPEARS IN THE UPPER RIGHT-HAND CORNER HEREOF. INVOICES MUST STATE THAT THEY COVER, AS THE CASE MAY BE, COMPLETE OR PARTIAL DELIVERY, AND MUST SHOW UNITS AND UNIT PRICES. INVOICES WILL NOT BE PAID UNLESS AND UNTIL THE REQUIREMENTS HAVE BEEN FULLY MET. WHEN PRICE SHOWN IS A DELIVERED PRICE, ALL TRANSPORTATION AND DELIVERY CHARGES MUST BE PREPAID IN FULL TO DESTINATION. 299 SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1740313-1 Page 3 3 4 PRICE/SALES TAX: UNLESS OTHERWISE DEFINITELY SPECIFIED, PRICES BID SHALL NOT INCLUDE SALES, OR USE TAXES. CONTRACTOR SHALL PROVIDE EITHER THE SERIAL NUMBER OR ITS RETAILER'S PERMIT TO ENGAGE IN BUSINESS AS A SELLER (IF A CA COMPANY) OR ITS RETAILER'S CERTIFICATE OF REGISTRATION - USE TAX (IF NOT CA COMPANY). WITHOUT ONE OF THESE NUMBERS, COUNTY WILL NOT PAY SALES/USE TAX DIRECT TO ANY VENDOR. 5 PAYMENT TERMS: PAYMENT TERMS ARE NET 30 DAYS FROM COUNTY'S RECEIPT OF A CORRECT AND PROPER INVOICE, AS PREPARED IN ACCORDANCE WITH THE TERMS OF THE PURCHASE ORDER AND CONTRACT 17404313 IN NO EVENT SHALL COUNTY BE LIABLE FOR ANY LATE CHARGES. INVOICES SHALL ONLY BE ISSUED AFTER COUNTY'S ACCEPTANCE OF THE GOODS AND/OR PRODUCTS. DISCOUNTS SHALL BE AS SET FORTH ON PURCHASE ORDER OR CONTRACT (WHICHEVER IS GREATER). 6 WARRANTIES: VENDOR SHALL, AT NO COST TO COUNTY, PROMPTLY CORRECT ANY AND ALL DEFECTS IN THE ITEMS OR SERVICES PROVIDED HEREUNDER. THE TERM OF THIS WARRANTY SHALL BE AS SET FORTH ON THE FACE HEREOF OR IS NOT TERM AS SHOWN, NINETY (90) DAYS FROM DATE OF COUNTY'S ACCEPTANCE OF THE ITEM OR SERVICE. VENDOR WARRANTS THAT THE ITEMS MAY BE SHIPPED, SOLD AND USED IN CUSTOMARY MANNER WITHOUT VIOLATION OF ANY LAW, ORDINANCE, RULE OR REGULATION OF ANY GOVERNMENT OR ADMINISTRATIVE BODY. DISCLAIMER OF OTHER WARRANTIES: THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE EQUIPMENT PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7 CANCELLATION: UNLESS OTHERWISE SPECIFIED HEREIN, COUNTY MAY CANCEL ALL OR PART OF A PURCHASE ORDER AT NO COST AND FOR ANY REASON BY GIVING WRITTEN NOTICE TO VENDOR AT LEAST THIRTY (30) CALENDAR DAYS PRIOR TO SCHEDULED DELIVERY. A CANCELLATION CHARGE NOT EXCEEDING ONE PERCENT (1%) OF THE VALUE OF THE CANCELLED PORTION OF THE PURCHASE ORDER MAY BE CHARGED COUNTY FOR CANCELLATION WITH LESS THAN THIRTY (30) CALENDAR DAYS PRIOR WRITTEN NOTICE. 8 EMPLOYMENT ELIGIBILITY: VENDOR WARRANTS THAT IT FULLY COMPLIES WITH ALL STATUTES AND REGULATIONS REGARDING THE EMPLOYMENT OF ALIENS AND OTHERS. 8A--FAIR LABOR STANDARDS: VENDOR SHALL COMPLY WITH ALL APPLICABLE PROVISIONS OF THE FEDERAL FAIR LABOR STANDARDS ACT. 9 HAZARDOUS MATERIALS: VENDOR WARRANTS THAT IT COMPLIES WITH ALL FEDERAL, STATE AND LOCAL LAWS, RULES, ORDINANCES AND REGULATIONS CONCERNING HAZARDOUS MATERIALS AND TOXIC SUBSTANCES. 10 COVENANT AGAINST GRATUITIES: VENDOR WARRANTS THAT NO GRATUITIES (IN THE FORM\OF ENTERTAINMENT, GIFTS, OR OTHERWISE) WERE OFFERED OR GIVEN BY VENDOR, OR ANY AGENT OR REPRESENTATIVE OF VENDOR, TO ANY OFFICE OR EMPLOYEE OF COUNTY WITH A VIEW TOWARD SECURING A PURCHASE ORDER OR FAVORABLE TREATMENT WITH RESPECT TO ANY DETERMINATION CONCERNING THE PERFORMANCE OF THE PURCHASE ORDER. IN THE EVENT OF BREACH OF THIS WARRANTY, COUNTY SHALL BE ENTITLED TO PURSUE THE SAME REMEDIES INCLUDING, BUT NOT LIMITED TO, TERMINATION, AGAINST VENDOR AS IT COULD PURSUE IN THE EVENT OF VENDOR'S DEFAULT. 11 CONFLICT OF INTEREST: NO COUNTY EMPLOYEE WHOSE POSITION WITH COUNTY ENABLES SUCH EMPLOYEE TO INFLUENCE THE AWARD OF A 300 SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1740313-1 Page 4 4 PURCHASE ORDER OR ANY COMPETING AGREEMENT, AND NO SPOUSE OR ECONOMIC DEPENDENT OF SUCH EMPLOYEE, SHALL BE EMPLOYED IN ANY CAPACITY BY VENDOR, OR HAVE ANY OTHER DIRECT OR INDIRECT FINANCIAL INTEREST IN THE PURCHASE ORDER. NO OFFICER OR EMPLOYEE OF VENDOR, WHO MAY FINANCIALLY BENEFIT FROM THE AWARD OF A PURCHASE ORDER SHALL IN ANY WAY PARTICIPATE IN COUNTY'S APPROVAL, ONGOING EVALUATION, OR IN ANY WAY ATTEMPT TO UNLAWFULLY INFLUENCE COUNTY'S APPROVAL OR ONGOING EVALUATION. 11A--VENDOR SHALL COMPLY WITH ALL CONFLICT OF INTEREST LAWS, ORDINANCES AND REGULATIONS NOW IN EFFECT OR HEREAFTER TO BE ENACTED DURING THE TERM OF THE PURCHASE ORDER. VENDOR WARRANTS THAT IT IS NOT AWARE OF ANY FACTS WHICH CREATE A CONFLICT OF INTEREST. IF VENDOR HEREAFTER BECOMES AWARE OF ANY FACTS WHICH MIGHT REASONABLY BE EXPECTED TO CREATE A CONFLICT OF INTEREST, IT SHALL IMMEDIATELY MAKE FULL WRITTEN DISCLOSURE OF SUCH FACTS TO COUNTY. FULL WRITTEN DISCLOSURE SHALL INCLUDE, BUT IS NOT LIMITED TO, IDENTIFICATION OF ALL PERSONS IMPLICATED AND A COMPLETE DESCRIPTION OF ALL RELEVANT CIRCUMSTANCES. 12 GOVERNING LAW AND VENUE: THIS PURCHASE ORDER SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA. VENDOR AGREES AND CONSENTS TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA FOR ALL PURPOSES REGARDING THIS PURCHASE ORDER, AND FURTHER AGREES AND CONSENTS THAT VENUE OF ANY ACTION HEREUNDER SHALL BE EXCLUSIVELY IN THE COUNTY OF LOS ANGELES, CALIFORNIA. 13 INDEMNIFICATION: VENDOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COUNTY, ITS AGENTS, OFFICERS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, EXPENSE, INCLUDING DEFENSE COSTS AND LEGAL FEES, AND CLAIMS FOR DAMAGES OF ANY NATURE WHATSOEVER ARISING FROM OR CONNECTED WITH ALLEGED OR ACTUAL NEGLIGENCE DUE TO OR ASSOCIATED WITH VENDOR'S NEGLIGENT OPERATIONS, GOODS, AND/OR COMMODITIES OR SERVICES PROVIDED HEREUNDER. IF AN INFRINGEMENT CLAIM OCCURS VENDOR MAY AT ITS OPTION AND EXPENSE PROCURE FOR COUNTY THE RIGHT TO CONTINUE USING THE EQUIPMENT, REPLACE OR MODIFY IT SO THAT IT BECOMES NON-INFRINGING WHILE PROVIDING FUNCTIONALLY EQUIVALENT PERFORMANCE, OR GRANT COUNTY A CREDIT FOR SUCH EQUIPMENT OR VENDOR SOFTWARE AS DEPRECIATED AND ACCEPT ITS RETURN. THE DEPRECIATION AMOUNT WILL BE CALCULATED BASED UPON GENERALLY ACCEPTED ACCOUNTING STANDARDS FOR SUCH EQUIPMENT AND SOFTWARE. VENDOR WILL HAVE NO DUTY TO DEFEND OR INDEMNIFY FOR ANY INFRINGEMENT CLAIM THAT IS BASED UPON (I) THE COMBINATION OF THE EQUIPMENT OR VENDOR SOFTWARE WITH ANY THIRD PARTY SOFTWARE, APPARATUS OR DEVICE NOT FURNISHED BY VENDOR; (II) THE USE OF ANCILLARY EQUIPMENT OR SOFTWARE NOT FURNISHED BY MOTOROLA AND THAT IS ATTACHED TO OR USED IN CONNECTION WITH THE EQUIPMENT OR VENDOR SOFTWARE; (III) ANY EQUIPMENT THAT IS NOT VENDOR'S DESIGN OR FORMULA; (IV) A MODIFICATION OF THE VENDOR SOFTWARE BY A PARTY OTHER THAN VENDOR; OR (V) THE FAILURE BY COUNTY TO INSTALL AN ENHANCEMENT RELEASE TO THE VENDOR SOFTWARE THAT IS INTENDED TO CORRECT THE CLAIMED INFRINGEMENT. THE FOREGOING STATES THE ENTIRE LIABILITY OF VENDOR WITH RESPECT TO INFRINGEMENT OF PATENTS AND COPYRIGHTS BY THE EQUIPMENT AND VENDOR SOFTWARE OR ANY PARTS THEREOF. THIS INDEMNITY SHALL INCLUDE, BUT NOT BE LIMITED TO, CLAIMS FOR OR BY REASON OF ANY ALLEGED INFRINGEMENT OF ANY UNITED STATES PATENT OR COPYRIGHT OR ANY ACTUAL OR ALLEGED TRADE SECRET DISCLOSURE. 14 LIABILITY INSURANCE: 301 SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1740313-1 Page 5 5 THE COUNTY OF LOS ANGELES, ITS AGENTS OR EMPLOYEES, WILL NOT BE RESPONSIBLE FOR LOSS BY FIRE, FLOOD OR ACTS OF GOD. AFTER SUCH LOSS OF EQUIPMENT OR PARTS THEREOF HAS BEEN REPORTED TO YOU, REPLACEMENT IS TO BE MADE BY SUPPLIER WITHIN TIME QUOTED FOR ORIGINAL DELIVERY. HOWEVER, IF POSITIVE PROOF CAN BE FURNISHED SHOWING THAT A COUNTY EMPLOYEE IS RESPONSIBLE FOR ANY ACT OF NEGLIGENCE THAT AFFECTS THE OPERATION OR CONDITION OF THE EQUIPMENT, REPAIR OR REPLACEMENT WILL BE FOR THE ACCOUNT OF THE COUNTY. THIS LIMITATION OF LIABILITY PROVISION SHALL APPLY NOTWITHSTANDING ANY CONTRARY PROVISION IN THIS AGREEMENT. EXCEPT FOR PERSONAL INJURY OR DEATH, MOTOROLA'S TOTAL LIABILITY, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT, INDEMNIFICATION, OR OTHERWISE, WILL BE LIMITED TO THE DIRECT DAMAGES RECOVERABLE UNDER LAW, BUT NOT TO EXCEED ONE MILLION DOLLARS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, THE SALE OR USE OF THE EQUIPMENT OR SOFTWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. THIS LIMITATION OF LIABILITY WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. NO ACTION FOR BREACH OF THIS AGREEMENT OR OTHERWISE RELATING TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT MUST BE BROUGHT WITHIN THE STATUTORY PERIOD PROVIDED UNDER CALIFORNIA LAW. 15 INSURANCE COVERAGE REQUIREMENTS; GENERAL LIABILILTY: INSURANCE (WRITTEN ON ISO POLICY FORM CG 00 01 OR ITS EQUIVALENT) WITH LIMITS OF NOT LESS THAN THE FOLLOWING: GENERAL AGGREGATE: $5 MILLION PERSONAL AND ADVERTISING INJURY: $1 MILLION EACH OCCURENCE: $5 MILLION 16 WORKERS COMPENSATION AND EMPLOYERS' LIABILLITY: INSURANCE PROVIDING WORKERS COMPENSATION BENEFITS, AS REQUIRED BY THE LABOR CODE OF THE STATE OF CALIFORNIA OR BY ANY OTHER STATE, AND FOR WHICH CONTRACTOR IS RESPONSIBLE. IF CONTRACTOR'S EMPLOYEES WILL BE ENGAGED IN MARITIME EMPLOYMENT, COVERAGE SHALL PROVIDE WORKERS COMPENSATION BENEFITS AS REQUIRED BY THE U.S. LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, JONES ACT OR ANY OTHER FEDERAL LAW FOR WHICH CONTRACTOR IS RESPONSIBLE. IN ALL CASES, THE ABOVE INSURANCE ALSO SHALL INCLUDE EMPLOYERS' LIABILITY COVERAGE WITH LIMITS OF NOT LESS THAN THE FOLLOWING: EACH ACCIDENT: $1 MILLION DISEASE - POLICY LIMIT: $1 MILLION DISEASE - EACH EMPLOYEE: $1 MILLION 17 INDEMNIFICATION AND INSURANCE REQUIREMENTS FOR LOS ANGELES COUNTY SERVICE AGREEMENTS INDEMNIFICATION: CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COUNTY, AND ITS SPECIAL DISTRICTS, ELECTED AND APPOINTED OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO DEMANDS, CLAIMS, ACTIONS, FEES, COSTS, AND EXPENSES (INCLUDING ATTORNEY AND EXPERT WITNESS FEES), ARISING FROM OR CONNECTED WITH CONTRACTOR'S ACTS AND/OR OMISSIONS ARISING FROM AND/OR RELATING TO THIS AGREEMENT. 302 SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1740313-1 Page 6 6 GENERAL INSURANCE REQUIREMENTS: WITHOUT LIMITING CONTRACTOR'S INDEMNIFICATION OF COUNTY AND DURING THE TERM OF THIS AGREEMENT, CONTRACTOR SHALL PROVIDE AND MAINTAIN, AND SHALL REQUIRE ALL OF ITS SUB-CONTRACTORS TO MAINTAIN, THE FOLLOWING PROGRAMS OF INSURANCE SPECIFIED IN THIS AGREEMENT. SUCH INSURANCE SHALL BE PRIMARY TO ANY OTHER INSURANCE OR SELF-INSURANCE PROGRAMS MAINTAINED BY COUNTY, AND SUCH COVERAGE SHALL BE PROVIDED AND MAINTAINED BY CONTRACTOR'S OWN EXPENSE. CONTRACTOR SHALL PROVIDE TO COUNTY A SPECIFIC ADDITIONAL INSURED ENDORSEMENT FOR COMPLETED OPERATIONS. EVIDENCE OF INSURANCE: CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE SATISFACTORY TO COUNTY SHALL BE DELIVERED TO PURCHASING AGENT DESIGNEE PRIOR TO COMMENCING SERVICES UNDER THIS AGREEMENT. THE COUNTY ACCEPTS THE STANDARD ACORD FORM CERTIFICATE OF INSURANCE AS SATISFACTORY EVIDENCE OF INSURANCE. THE COUNTY ACCEPTS A BLANKET ADDITIONAL INSURED ENDOREMENT. CERTIFICATE(S) OR OTHER EVIDENCE OF COVERAGE SHALL BE DELIVERED TO: ATTN: PRISCILLA DIAZ MA-IS-1740313 COUNTY OF LOS ANGELES - ISD 1100 NORTH EASTERN AVENUE RM # G115 LOS ANGELES, CA 90063 SUCH CERTIFICATES OR OTHER EVIDENCE SHALL: (1) SPECIFICALLY IDENTIFY THIS AGREEMENT. (2) CLEARLY EVIDENCE ALL COVERAGES REQUIRED IN THIS AGREEMENT. (3) CONTRACTOR AGREES THAT COUNTY IS TO BE GIVEN WRITTEN NOTICE BY MAIL AT LEAST THIRTY (30) DAYS IN ADVANCE OF CANCELLATION FOR ALL POLICIES EVIDENCED ON THE CERTIFICATE OF INSURANCE. (4) INCLUDE COPIES OF THE ADDITIONAL INSURED ENDORSEMENT TO THE COMMERCIAL GENERAL LIABILITY POLICY, INCLUDING THE COUNTY OF LOS ANGELES ITS SPECIAL DISTRICTS, ITS OFFICIALS, OFFICERS AND EMPLOYEES AS ADDITIONAL INSUREDS FOR ACTIVITIES ARISING FROM THIS AGREEMENT PER THE PROVISIONS OF THE BLANKET ADDITIONAL INSURED ENDORSEMENT. (5) CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DEDUCTIBLES OR SELF-INSURED RETENTIONS. CONTRACTOR REPRESENTS THAT ITS FINANCIAL STRENGTH IS SUFFICIENT TO COVER ANY DEDUCTIBLES OR SELF-INSURED RETENTIONS. CONTRACTOR AGREES TO CONTINUE CARRYING AT ALL TIMES DURING THE TERM OF THIS AGREEMENT INSURANCE OF THE KINDS AND IN THE AMOUNTS LISTED IN THIS AGREEMENT. 18 INSURER FINANCIAL RATINGS: INSURANCE IS TO BE PROVIDED BY AN INSURANCE COMPANY ACCEPTABLE WITH AN A.M. BEST RATING OF NOT LESS THAN A:VII, UNLESS OTHERWISE APPROVED BY COUNTY. FAILURE TO MAINTAIN COVERAGE: FAILURE BY CONTRACTOR TO MAINTAIN THE REQUIRED INSURANCE, OR TO PROVIDE EVIDENCE OF INSURANCE COVERAGE ACCEPTABLE TO COUNTY, SHALL CONSTITUTE A MATERIAL BREACH OF THE CONTRACT UPON WHICH COUNTY MAY IMMEDIATELY TERMINATE OR SUSPEND THIS 303 SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1740313-1 Page 7 7 AGREEMENT. COUNTY, AT ITS SOLE OPTION, MAY OBTAIN DAMAGES FROM CONTRACTOR RESULTING FROM SAID BREACH. NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS: CONTRACTOR SHALL REPORT TO COUNTY: (1) ANY ACCIDENT OR INCIDENT RELATING TO SERVICES PERFORMED UNDER THIS AGREEMENT WHICH INVOLVES INJURY OR PROPERTY DAMAGE WHICH MAY RESULT IN THE FILING OF A CLAIM OR LAWSUIT AGAINST CONTRACTOR AND/OR COUNTY. SUCH REPORT SHALL BE MADE IN WRITING WITHIN 24 HOURS OF OCCURRENCE. (2) ANY THIRD PARTY CLAIM OR LAWSUIT FILED AGAINST CONTRACTOR ARISING FROM OR RELATED TO SERVICES PERFORMED BY CONTRACTOR UNDER THIS AGREEMENT. (3) ANY INJURY TO A CONTRACTOR EMPLOYEE WHICH OCCURS ON COUNTY PROPERTY. THIS REPORT SHALL BE SUBMITTED ON A COUNTY "NON-EMPLOYEE INJURY REPORT" TO THE COUNTY CONTRACT MANAGER. (4) ANY LOSS, DISAPPEARANCE, DESTRUCTION, MISUSE, OR THEFT OF ANY KIND WHATSOEVER OF COUNTY PROPERTY, MONIES OR SECURITIES ENTRUSTED TO CONTRACTOR UNDER THE TERMS OF THIS AGREEMENT. COMPENSATION FOR COUNTY COSTS: IN THE EVENT THAT CONTRACTOR FAILS TO COMPLY WITH ANY OF THE INDEMNIFICATION OR INSURANCE REQUIRMENTS OF THIS AGREEMENT, AND SUCH FAILURE TO COMPLY RESULTS IN ANY COSTS TO COUNTY, CONTRACTOR SHALL PAY FULL COMPENSATION FOR ALL COSTS INCURRED BY COUNTY. INSURANCE COVERAGE REQUIREMENTS FOR SUB-CONTRACTORS: CONTRACTOR SHALL ENSURE ANY AND ALL SUB-CONTRACTORS PERFORMING SERVICES UNDER THIS AGREEMENT MEET THE INSURANCE REQUIREMENTS OF THIS AGREEMENT BY EITHER: (1) CONTRACTOR PROVIDING EVIDENCE OF INSURANCE COVERING THE ACTIVITIES OF SUB-CONTRACTORS, OR (2) CONTRACTOR PROVIDING EVIDENCE SUBMITTED BY SUB-CONTRACTORS EVIDENCING THAT SUB-CONTRACTORS MAINTAIN THE REQUIRED INSURANCE COVERAGE. COUNTY RETAINS THE RIGHT TO OBTAIN COPIES OF EVIDENCE OF SUB-CONTRACTOR INSURANCE COVERAGE AT ANY TIME. 19 DEFAULT: IN THE EVENT VENDOR FAILS TO PERFORM HEREUNDER AND DOES NOT CURE SUCH FAILURE WITHIN FIFTEEN (15) CALENDAR DAYS OF THE DATE COUNTY'S NOTICE WAS SENT TO VENDOR, COUNTY MAY, AT ITS SOLE DISCRETION, CANCEL OR TERMINATE THIS PURCHASE ORDER. SUCH CANCELLATION OR TERMINATION SHALL BE AT NO COST TO COUNTY. SHOULD COUNTY SO CANCEL OR TERMINATE, COUNTY MAY AT ITS SOLE DISCRETION, PROCURE THE ITEMS OR SERVICES FROM OTHER SOURCES AND VENDOR SHALL BE LIABLE TO COUNTY FOR ANY AND ALL EXCESS COSTS, DETERMINED BY COUNTY, FOR SUCH ITEMS OR SERVICES. 20 INVALIDITY, REMEDIES NOT EXCLUSIVE: THE INVALIDITY IN WHOLE OR IN PART OF ANY TERM OR CONDITION OF THIS PURCHASE ORDER SHALL NOT AFFECT THE VALIDITY OF THE REMAINDER OF THIS PURCHASE ORDER AND THE APPLICATION OF SUCH PROVISIONS TO THE OTHER PERSONS OR CIRCUMSTANCES SHALL NOT BE AFFECTED THEREBY. THE RIGHTS AND REMEDIES PROVIDED HEREIN SHALL NOT BE EXCLUSIVE AND ARE IN ADDITION TO ANY OTHER RIGHTS AND REMEDIES IN LAW OR EQUITY. 20A---NON-DISCRIMINATION: BY ACCEPTANCE OF ANY PURCHASE ORDER UNDER CONTRACT 1740313, CONTRACTOR CERTIFIES AND AGREES THAT ALL PERSONS EMPLOYED BY IT, ITS AFFILIATES, SUBSIDIARIES, OR HOLDING COMPANIES ARE 304 SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1740313-1 Page 8 8 AND WILL BE TREATED EQUALLY BY IT WITHOUT REGARD TO OR BECAUSE OF RACE, RELIGION, ANCESTRY, NATIONAL ORIGIN, DISABILITY OR SEX AND IN COMPLIANCE WITH ALL ANTI-DISCRIMINATION LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF CALIFORNIA. CONTRACTOR CERTIFIES AND AGREES THAT IT WILL DEAL WITH ITS SUBCONTRACTORS, BIDDERS OR VENDORS WITHOUT REGARD TO OR BECAUSE OF RACE, RELIGION, ANCESTRY, NATIONAL ORIGIN, DISABILITY OR SEX. VENDOR SHALL ALLOW THE COUNTY ACCESS TO ITS EMPLOYMENT RECORDS DURING THE REGULAR BUSINESS HOURS TO VERIFY COMPLIANCE WITH THESE PROVISIONS WHEN SO REQUESTED BY THE COUNTY. IF THE COUNTY FINDS THAT ANY OF THE ABOVE PROVISIONS HAVE BEEN VIOLATED, THE SAME SHALL CONSTITUTE A MATERIAL BREACH OF CONTRACT 40760 (AND ITS PURCHASE ORDER(S) UPON WHICH, THE COUNTY MAY DETERMINE TO CANCEL, TERMINATE, OR SUSPEND THE PURCHASE ORDER AND/OR CONTRACT. THE PARTIES AGREE THAT IN THE EVENT THE VENDOR VIOLATES THE ANTI-DISCRIMINATION PROVISIONS OF THE PURCHASE ORDER, THE COUNTY SHALL, AT ITS OPTION AND IN LIEU OF TERMINATION OR SUSPENDING THIS PURCHASE ORDER AND /OR CONTRACT, BE ENTITLED TO LIQUIDATED DAMAGES, PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1671, OF THE GREATER TEN PERCENT (10%) OF THE PURCHASE ORDER AMOUNT OR ONE THOUSAND DOLLARS. 21 COMPLIANCE WITH LAWS: VENDOR SHALL FULLY COMPLY WITH ALL APPLICABLE PROVISIONS OF FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS, AND VENDOR AGREES TO HOLD COUNTY, ITS AGENTS, OFFICERS AND EMPLOYEES HARMLESS FROM ANY AND ALL LIABILITY, COSTS, INCLUDING, BUT NOT LIMITED TO ATTORNEY'S FEES, AND DAMAGES RESULTING FROM FAILURE OF COMPLIANCE. 22 FORCE MAJURE: NEITHER PARTY WILL BE LIABLE FOR DELAYS IN PERFORMANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, FIRE, FLOOD, ACT OF GOD OR RESTRICTION OF CIVIL OR MILITARY AUTHORITY. 23 ASSIGNMENT AND DELEGATION: VENDOR SHALL NOT ASSIGN ITS RIGHTS OR DELEGATE ITS DUTIES UNDER THE PURCHASE ORDER WITHOUT COUNTY'S PRIOR WRITTEN AUTHORIZATION AND ANY ASSIGNMENT OR DELEGATION WITHOUT SUCH AUTHORIZATION SHALL BE NULL AND VOID AND SHALL CONSTITUTE A MATERIAL BREACH OF THIS PURCHASE ORDER UPON WHICH COUNTY MAY IMMEDIATELY TERMINATE THE PURCHASE ORDER IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH ON DEFAULT. COUNTY'S CONSENT TO AN ASSIGNMENT SHALL NOT BE UNREASONABLY WITHHELD. 24 TIME IS OF THE ESSENCE: IF ANY ANTICIPATED OF ACTUAL DELAYS ARISE, VENDOR SHALL IMMEDIATELY SO NOTIFY COUNTY, REGARDLESS OF NOTICE IF DELIVERIES ARE NOT MADE AT THE TIME AGREED UPON. COUNTY MAY, AT ITS SOLE DISCRETION, TERMINATE THIS PURCHASE ORDER AND PROCEED PURSUANT TO PARAGRAPH ON DEFAULT. 25 NONEXCLUSIVITY: NOTHING HEREIN IS INTENDED NOR SHALL IT BE CONSTRUED AS CREATING ANY EXCLUSIVE ARRANGEMENT WITH VENDOR. 26 STANDARD TERMS AND CONDTIONS, PAGE 12 -PRICE GUARANTEE: DELETED 27 WAIVER: THE FAILURE OF EITHER PARTY TO INSIST, IN ANY ONE OR MORE INSTANCES, UPON THE PERFORMANCE OF ANY TERMS, CONDITIONS OR COVENANT OF THIS PURCHASE ORDER OR TO EXERCISE ANY RIGHT HEREUNDER SHALL NOT BE CONSTRUED AS A WAIVER OF THE FUTURE PERFORMANCE OF ANY SUCH TERM, CONDITION OR COVENANT, BUT THE OBLIGATION WITH RESPECT TO FUTURE PERFORMANCE SHALL CONTINUE IN FULL FORCE AND EFFECT. NO WAIVER SHALL BE ENFORCEABLE UNLESS SET FORTH IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE PARTY GRANTING THE WAIVER. 28 ACCEPTANCE: UNLESS EXPLICITLY STATED BY COUNTY AS OTHERWISE, COUNTY, MAY CONDUCT, AT ITS LOCATION OR ANY OTHER COUNTY DESIGNATED 305 SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1740313-1 Page 9 9 LOCATION AND AT ITS EXPENSE, AN INCOMING ACCEPTANCE TEST ON ALL ITEMS PURCHASED HEREUNDER. THE ACCEPTANCE TEST PERIOD SHALL NOT EXCEED THIRTY (30) DAYS FROM RECEIPT OF SUCH ITEM(S) BY COUNTY. COUNTY MAY, AT ITS SOLE DISCRETION, REJECT ALL OR ANY PART OF ITEMS OR SERVICES NOT CONFORMING TO THE REQUIREMENTS/SPECIFICATIONS STATED IN A PURCHASE ORDER. 29 SPARE PARTS: VENDOR SHALL MAKE SPARE PARTS AVAILABLE TO COUNTY FOR A PERIOD OF TWO (2) YEARS FROM THE DATE OF DELIVERY OF THE ITEMS TO COUNTY. IF VENDOR IS UNABLE TO SO PROVIDE SPARE PARTS, IT SHALL PROVIDE COUNTY WITH THE NAME(S) OF VENDOR'S SUPPLIERS SO THAT COUNTY MAY ATTEMPT TO PROCURE SUCH UNAVAILABILITY, VENDOR SHALL PROVIDE, AT NO COST, REASONABLE ASSISTANCE TO COUNTY IN OBTAINING SPARE PARTS. 30 ENTIRE AGREEMENT MODIFICATIONS: THIS PURCHASE ORDER CONTRACT AND ANY ATTACHMENTS HERETO, CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE PARTIES WHICH SUPERSEDES ALL PREVIOUS AGREEMENTS, WRITTEN OR ORAL, AND ALL COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF. THIS PURCHASE ORDER SHALL NOT BE MODIFIED, SUPPLEMENTED, QUALIFIED OR INTERPRETED BY ANY PRIOR COURSE OF DEALING BETWEEN THE PARTIES OR BY ANY USAGE OF TRADE. ALL MODIFICATIONS TO THIS PURCHASE ORDER SHALL BE SET FORTH IN WRITING AND SIGNED BY THE VENDOR AND PURCHASING AGENT OR HIS/HER DESIGNEE. 30A--COUNTY STOCK: STOCK FURNISHED BY COUNTY TO BE USED IN A PURCHASE ORDER SHALL BE RETURNED TO COUNTY FREE FROM DAMAGE FROM ANY CAUSE AND IN ACCORDANCE WITH ALL OTHER TERMS AND CONDITIONS OF CONTRACT, PURCHASE ORDER AND HEREIN. 31 INDEPENDENT CONTRACTOR STATUS: VENDOR SHALL AT ALL TIMES BE ACTING IN THE CAPACITY OF INDEPENDENT CONTRACTOR. THIS PURCHASE ORDER IS NOT INTENDED, AND SHALL NOT BE OR CONSTRUED, TO CREATE THE RELATIONSHIP OF AGENT, SERVANT, EMPLOYEE PARTNERSHIP, JOINT VENTURE OR ASSOCIATION, AS BETWEEN COUNTY AND VENDOR. THE EMPLOYEES AND AGENTS OF ONE PARTY SHALL NOT BE OR CONSTRUED TO BE, THE EMPLOYEES OR AGENTS OF THE OTHER PARTY FOR ANY REASON WHATSOEVER. 32 TAX EXEMPT STATUS: TAX EXEMPT ITEMS SHALL BE AS LISTED ON THE FACE HEREOF. 32A---TERMINATION FOR FAILURE TO OPERATE IN ORDINARY COURSE: VENDOR'S STABILITY WAS AND/IS A PRIMARY BASIS FOR ENTERING INTO AND CONTINUING WITH AGREEMENT, THEREFORE, COUNTY MAY TERMINATE ANY AGREEMENT BY THIRTY (30) DAYS WRITTEN NOTICE SHOULD VENDOR FAIL TO CONTINUE TO DO BUSINESS IN THE ORDINARY COURSE. 33 COUNTY LOBBYISTS: VENDOR AND EACH COUNY LOBBYIST OR COUNTY LOBBYING FIRM AS DEFINED IN LOS ANGELES COUNTY CODE SECTION 2.160.010, RETAINED BY VENDOR, SHALL FULLY COMPLY WITH THE COUNTY LOBBYIST ORDINANCE, LOS ANGELES COUNTY CODE CHAPTER 2.160. FAILURE ON THE PART OF VENDOR ANY COUNTY LOBBYIST OR COUNTY LOBBYING FIRM RETAINED BY VENDOR TO DULLY COMPLY WITH THE COUNTY LOBBYIST ORDINANCE SHALL CONSTITUTE A MATERIAL BREACH OF THE PURCHASE ORDER AND/OR AGREEMENT UPON WHICH COUNTY MAY IMMEDIATELY TERMINATE OR SUSPEND THE PURCHASE ORDER AND/OR AGREEMENT. 33A---CONSIDERATION OF HIRING GAIN PROGRAM PARTICIPANTS: SHOULD THE VENDOR REQUIRE ADDITIONAL OR REPLACEMENT PERSONNEL AFTER THE EFFECTIVE DATE OF THIS AGREEMENT EXTENSION. CONTRACTOR SHALL GIVE CONSIDERATION FOR SUCH EMPLOYMENT OPENINGS TO PARTICIPANTS IN COUNTY'S DEPARTMENT OF THE PUBLIC SOCIAL SERVICES GREATER AVENUE FOR INDEPENDENCE (GAIN) PROGRAM WHO MEET CONTRACTOR'S MINIMUM QUALIFICATIONS FOR THE OPEN 306 SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1740313-1 Page 10 10 POSITION. FOR THIS PURPOSE, CONSIDERATION SHALL MEAN THAT CONTRACTOR WILL INTERVIEW QUALIFIED CANDIDATES. COUNTY WILL REFER GAIN PARTICIPANTS BY JOB CATEGORY TO VENDOR. 34 TERMINATION FOR IMPROPER CONSIDERATION: COUNTY MAY, BY WRITTEN NOTICE TO VENDOR, IMMEDIATELY TERMINATE, THE RIGHT OF VENDOR TO PROCEED WITH A PURCHASE ORDER IF IT IS FOUND THAT CONSIDERATION IN ANY FORM WAS OFFERED OR GIVEN BY VENDOR, (EITHER DIRECTLY OR THROUGH AN INTERMEDIARY) TO ANY COUNTY OFFICER, EMPLOYEE, OR AGENT WITH THE INTENT OF SECURING A PURCHASE ORDER OR SECURING FAVORABLE TREATMENT WITH RESPECT TO THE AWARD, AMENDMENT, OR EXTENSIONS OF THE AGREEMENT OR THE MAKING OF ANY DETERMINATIONS WITH RESPECT TO THE VENDOR 'S PERFORMANCE PURSUANT TO THE CONTRACT. IN THE EVENT OF SUCH TERMINATION, COUNTY SHALL BE ENTITLED TO PURSUE THE SAME REMEDIES AGAINST VENDOR AS IT COULD PURSUE IN THE EVENT OS DEFAULT BY VENDOR. CONTRACTOR SHALL IMMEDIATELY REPORT ANY ATTEMPT BY A COUNTY OFFICER OR EMPLOYEE TO SOLICIT SUCH IMPROPER CONSIDERATION. THE REPORT SHALL BE MADE EITHER TO THE COUNTY MANAGER CHARGED WITH THE SUPERVISION OF THE EMPLOYEE OR TO THE COUNTY AUDITOR-CONTROLLER'S EMPLOYEE FRAUD HOTLINE AT 213.974.0914 OR 800.544.6861. IMPROPER CONSIDERATION MAY TAKE THE FORM OF, AMONG OTHER ITEMS, CASH, DISCOUNTS, SERVICES, THE PROVISION OF TRAVEL OR GRATUITIES (ENTERTAINMENT, TANGIBLE GIFTS), OR THE PROMISE OF ANY OF THESE. 35 PARTICIPATING PUBLIC AGENCIES COUNTY AND VENDOR AGREE THAT OTHER GOVERNMENTAL ENTITIES WITHIN CALIFORNIA, INCLUDING BUT NOT LIMITED TO: COUNTIES, CITIES, SPECIAL DISTRICTS, POLITICAL SUBDIVISIONS, SCHOOL DISTRICTS, HIGHER EDUCATION, AND OTHER MUNICIPALITIES (PARTICIPATING PUBLIC AGENCIES) MAY PURCHASE PRODUCTS OR SERVICES DEFINED HEREIN ON THE SAME TERMS, CONDITIONS AND PRICING AS THE COUNTY, SUBJECT TO ANY APPLICABLE LOCAL PURCHASING ORDINANCES AND THE LAWS OF THE STATE OF PURCHASE. THE COUNTY SHALL NOT BE CONSTRUED AS A DEALER, RE-MARKETER, REPRESENTATIVE, PARTNER OR AGENT OF ANY TYPE OF THE SUPPLIER. PARTICIPATING PUBLIC AGENCIES SHALL BE RESPONSIBLE FOR THE ORDERING OF PRODUCTS UNDER THIS AGREEMENT. PAYMENT FOR PRODUCTS OR SERVICES AND INSPECTIONS AND ACCEPTANCE OF PRODUCTS OR SERVICES ORDERED BY A PARTICIPATING PUBLIC AGENCY SHALL BE THE EXCLUSIVE OBLIGATION OF SUCH PROCURING PARTY. THE COUNTY SHALL NOT BE OBLIGATED, LIABLE OR RESPONSIBLE FOR ANY ORDER MADE BY ANY PARTICIPATING PUBLIC AGENCY OR ANY EMPLOYEE THEREOF FOR ANY PAYMENT REQUIRED TO BE MADE WITH RESPECT TO SUCH ORDER; AND THAT ANY DISPUTES BETWEEN A PARTICIPATING PUBLIC AGENCY AND THE SUPPLIER ARE NOT THE RESPONSIBILITY OF THE COUNTY. THE EXERCISE OF ANY RIGHTS OR REMEDIES BY THE PARTICIPATING PUBLIC AGENCY OR SUPPLIER SHALL BE THE EXCLUSIVE OBLIGATION OF SUCH PARTY. THE COUNTY MAKES NO REPRESENTATION OR GUARANTY WITH RESPECT TO ANY MINIMUM PURCHASES BY THE COUNTY OR ANY PARTICIPATING PUBLIC AGENCY OR ANY EMPLOYEE THEREOF UNDER THIS AGREEMENT. EACH PARTICIPATING PUBLIC AGENCYS PURCHASE ORDER MUST REFER TO THIS LOS ANGELES COUNTY MASTER PURCHASE AGREEMENT (MPA) NUMBER MA-IS-1740313 AND MUST SPECIFY THE PRICING AND DELIVERY TERMS. NOTWITHSTANDING ANY ADDITIONAL OR CONTRARY TERMS IN THE PURCHASE ORDER, THE APPLICABLE PROVISIONS OF THIS MPA (EXCEPT FOR PRICING, DELIVERY, PASSAGE OF TITLE AND RISK OF LOSS TO EQUIPMENT, WARRANTY COMMENCEMENT, AND PAYMENT TERMS) WILL GOVERN THE PURCHASE AND SALE OF THE EQUIPMENT OR SOFTWARE ORDERED BY THE PARTICIPATING PUBLIC AGENCY. TITLE AND RISK OF LOSS TO EQUIPMENT 307 SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1740313-1 Page 11 11 WILL PASS AT SHIPMENT, WARRANTY WILL COMMENCE UPON DELIVERY, AND PAYMENT IS DUE WITHIN THIRTY (30) DAYS AFTER THE INVOICE DATE. 36 FREIGHT/SHIPPING CHARGES: 1) ORDERS PLACED THROUGH THE MOTOROLA PARTS & ACCESSORIES DEPARTMENT WILL SHIP FOB DESTINATION, UPS GROUND AT NO CHARGE. 2) ORDERS PLACED FOR RADIO AND FACTORY/MANUFACTURED ITEMS SHALL BE CHARGED AT 1.25% OF THE EQUIPMENT TOTAL AND ADDED TO THE PRICE QUOTE. 3) EXPEDITED SHIPMENTS VIA AIR (FEDEX ETC.) WHEN REQUESTED BY COUNTY SHALL BE AT COUNTY EXPENSE. 37 PRICING AS PER ATTACHED: 1. EXHIBIT A _ 2017-2020 DATED JULY 1, 2017 38 WARRANTY OF COMPLIANCE WITH COUNTYS DEFAULTED PROPERTY TAX REDUCTION PROGRAM CONTRACTOR ACKNOWLEDGES THAT COUNTY HAS ESTABLISHED A GOAL OF ENSURING THAT ALL INDIVIDUALS AND BUSINESSES THAT BENEFIT FINANCIALLY FROM COUNTY THROUGH CONTRACT ARE CURRENT IN PAYING THEIR PROPERTY TAX OBLIGATIONS (SECURED AND UNSECURED ROLL) IN ORDER TO MITIGATE THE ECONOMIC BURDEN OTHERWISE IMPOSED UPON COUNTY AND ITS TAXPAYERS. UNLESS CONTRACTOR QUALIFIES FOR AN EXEMPTION OR EXCLUSION, CONTRACTOR WARRANTS AND CERTIFIES THAT TO THE BEST OF ITS KNOWLEDGE IT IS NOW IN COMPLIANCE, AND DURING THE TERM OF THIS CONTRACT WILL MAINTAIN COMPLIANCE, WITH LOS ANGELES COUNTY CODE CHAPTER 2.206. 39 TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTYS DEFAULTED PROPERTY TAX REDUCTION PROGRAM FAILURE OF CONTRACTOR TO MAINTAIN COMPLIANCE WITH THE REQUIREMENTS SET FORTH IN PARAGRAPH 38 "WARRANTY OF COMPLIANCE WITH COUNTYS DEFAULTED PROPERTY TAX REDUCTION PROGRAM" SHALL CONSTITUTE DEFAULT UNDER THIS CONTRACT. WITHOUT LIMITING THE RIGHTS AND REMEDIES AVAILABLE TO COUNTY UNDER ANY OTHER PROVISION OF THIS CONTRACT, FAILURE OF CONTRACTOR TO CURE SUCH DEFAULT WITHIN 10 DAYS OF NOTICE SHALL BE GROUNDS UPON WHICH COUNTY MAY TERMINATE THIS CONTRACT AND/OR PURSUE DEBARMENT OF CONTRACTOR, PURSUANT TO COUNTY CODE CHAPTER 2.206. | | | | | | | | | | | | | | | | | | | | | | | | 308 STANDARD TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1740313-1 Page 12 12 The County of Los Angeles accepts your offer to furnish our requirements (and such requirements as may be ordered by cities and /or districts indicated herein) of the listed commodity, or service, as needed, subject to conditions of the stated quotation and as provided herein. All Purchase Agreements, Purchase Orders and Contracts will be deemed to be made and entered into the State of California under the constitution and laws of this state and are to be so construed. PRICE GUARANTEE: Unless otherwise provided herein, prices are maximum for the period of this agreement. In the event of a price decline, or, should you at any time during the life of this agreement sell the same material or service under similar quantity and deliver conditions to the State of California, or legal district thereof, or to any county or Municipality within the State of California at prices below those stated herein, you will immediately extend such lower prices to the County of Los Angeles. ATTENTION: VENDOR/DEPARTMENT - SPECIAL NOTE: County departments are not authorized to use this agreement as a purchasing source for products not specifically covered herein. Changes of items, equipment, or modifications to prices, specifications, or conditions, etc., of this agreement can be made only by the Purchasing Agent by issuance of official amendment and in accordance with properly authorized changes agreed upon prior to consummation. Los Angeles County will not pay for items not listed below that have not been processed in accordance with the above paragraph. Vendor will incur payment problems. County's Quality Assurance Plan. The County or its agent will evaluate Contractor's performance under this agreement on not less than annual basis. Such evaluation will include assessing Contractor's compliance with all contract terms and performance standards. Contractor deficiencies which County's determines are severe or continuing and that may place performance of the agreement in jeopardy if not corrected will be reported to the Board of Supervisors. The report will include improvement/corrective action measures taken by the County and Contractor. If improvement does not occur consistent with the corrective action measures, County may terminate this agreement or impose other penaltiesas specified in this agreement. CONTRACTOR RESPONSIBILITY AND DEBARMENT 1. A responsible Contractor is a Contractor who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the contract. It is the County's policy to conduct business onlywith responsible contractors. 2. The Contractor is hereby notified that, in accordance with Chapter 2.202 of the County Code, if the County acquires information concerning the performance of the contractor on this or other contracts which indicates that the Contractor is not responsible, the County may, in addition to other remedies provided in the contract, debar the Contractor from bidding on County contracts for a specified period of time not to exceed 5 years, and terminate any or all existing contracts the Contractor may have with the County. 3. The County may debar a contractor if the Board of Supervisors finds, in its discretion, that the Contractor has done any of the following: (1) violated any term of a contract with the County, (2) committed any act or omission which negatively reflects on the Contractor's quality, fitness or capacity to perform a contract with the County or any other public entity, or engaged in a pattern or practice which negatively reflects on same, (3) committed an act or offense which indicates a lack of business integrity or business honesty, or (4) made or submitted a false claim against the County or any other public entity. 4. If there is evidence that the Contractor may be subject to debarment, the Department will notify the Contractor in writing of the evidence which is, the basis for the proposed debarment and will advise the Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. 5. The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented. The Contractor and/ or the Contractor's representative shall be given an opportunity to submit evidence at that hearing. After the hearing, the Contractor Hearing Board shall prepare a proposed decision, which shall contain a recommendation regarding whether the contractor should be debarred, and, if so, the appropriate length of time of the debarment. If the Contractor fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board,the Contractor may be deemed to have waived all rights of appeal. 309 STANDARD TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1740313-1 Page 13 13 6. A record of the hearing, the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors. The Board of Supervisors shall have the right to modify, deny or adopt the proposed decision and recommendation of the Hearing Board. PROHIBITION AGAINST USE OF CHILD LABOR 1. Not knowingly sell or supply to COUNTY any products, goods, supplies or other personal property produced or manufactured in violation of child labor standards set by the International Labor Organizations through its 1973 Convention concerning Minimum Age for Employment. 2. Upon request by COUNTY, identify the country/countries of origin of any products. goods, supplies or other personal property bidder sells or supplies to COUNTY, and VENDOR shall: 7. These terms shall also apply to (subcontractors/subconsultants) of County Contractors. 3. Upon request by COUNTY, provide to COUNTY the manufacturer's certification of compliance with all international child labor conventions. Should COUNTY discover that any products, goods, supplies or other personal property sold or supplied by VENDOR to COUNTY are produced in violation of any international child labor conventions, VENDOR shall immediately provide an alternative, compliant source of supply. Failure by VENDOR to comply with the provisions of this clause will be grounds for immediate cancellation of this Purchase Order or termination of this Agreement and award to an alternative vendor. A. Jury Service Program. This Contract is subject to the provisions of the County's ordinance entitled Contractor Employee Jury Service ("Jury Service Program") as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code. Should COUNTY discover that any products, goods, supplies or other personal property sold or supplied by VENDOR to COUNTY are produced in violation of any international child labor conventions, VENDOR shall immediately provide an alternative, compliant source of supply. B. Written Employee Jury Service policy. 1. Unless Contractor has demonstrated to the County's satisfaction either that Contractor is not a "Contractor" as defined under the Jury Service Program (Section 2.203.020 of the County Code) or that Contractor qualifies for an exception to the Jury Service Program (Section 2.203.070 of the County Code), Contractor shall have and adhere to a written policy that provides that its Employees shall receive from the Contractor, on an annual basis, no less than five days of regular pay for actual jury service. This policy may provide that Employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct from the Employee's regular pay the fees received for jury service. 2. For purposes of this Section, "Contractor" means a person, partnership, corporation or other entity which has a contract with the County or a subcontract with a County contractor and has received or will receive an aggregate sum of $50,000 or more in any 12- month period under one or more County contracts or subcontracts. "Employee" means any California resident who is a full time employee of Contractor. "Full time" means 40 hours or more worked per week, or a lesser number of hours if the lesser number is a recognized industry standard and is approved as such by the County. If Contractor uses any subcontractor to perform services for the County under the Contract, the subcontractor shall also be subject to the provisions of this Section. The provisions of this Section shall be inserted into any such subcontract agreement and a Copy of the Jury Service Program shall be attached to the agreement. 310 STANDARD TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1740313-1 Page 14 14 3. If Contractor is not required to comply with the Jury Service Program when the Contract commences, Contractor shall have a continuing obligation to review the applicability of its "exception status" from the Jury Service Program, and Contractor shall immediately notify County if Contractor at any time either comes within the Jury Service Program's definition of "Contractor" or if Contractor no longer qualifies for an exception to the Program. In either event, Contractor shall immediately implement a written policy consistent with the Jury Service Program. The County may also require, at any time during the Contract and at its sale discretion, that Contractor demonstrate to the county's satisfaction that Contractor either continues to remain outside of the Jury service Program's definition of "Contractor" and/or that Contractor continues to qualify for an exception to the Program. 4. Contractor's violation of this Section of the contract may constitute a material breach of the Contract. In the event of such material. breach, County may, in its sole discretion, terminate the Contract and/or bar Contractor from the award of future County contracts for a period of time consistent with the seriousness of the breach. PRICE SPECIFIC CONTRACTS AND PURCHASE ORDERS Vendors are entitled to receive payment for goods received by, or services provided to the county specific to the Contract or Purchase Order price amount. Under no circumstances will those Suppliers, Contractors or Vendors who supply goods or otherwise contract services with the County of Los Angeles be entitled to or paid for expenditures beyond the Contract or Purchase Order amounts. Vendors are prohibited from accepting prepayment for goods or services without the express written approval of the County Purchasing Agent. ASSIGNMENT BY CONTRACTOR A. Contractor shall not assign its rights or delegate its duties under the Agreement, or both whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, County consent shall require a written amendment to the Agreement, which is formally approved and executed by the parties. Any payments by county to any approved delegate or assignee on any claim under the Agreement shall be deductible, at County's sole discretion, against the claims which Contractor, may have against county. B. Shareholders, partners, members, or other equity holders of Contractor may transfer, sell exchange, assign, or divest themselves of any interest they may have therein. However, in the event any such sale, transfer, exchange. assignment, or divestment is effected in such a way as to give majority control of Contractor to any person(s), corporation, partnership, or legal entity other than the majority controlling interest therein at the time of execution of the Agreement, such disposition is an assignment requiring the prior written consent of County in accordance with applicable provisions of this Agreement. C. Any assumption, assignment, delegation, or takeover of any of the Contractor's duties, responsibilities, obligations, or performance of same by any entity other than the Contractor, whether through assignment, subcontract, delegation, merger, buyout, or any other mechanism, with or without consideration for any reason whatsoever without county's express prior written approval, shall be a material breach of the Agreement which may result in the termination of the Agreement. In the event of such termination, County shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor. 311 Master Purchase Agreement Pricing – Motorola Los Angeles County 1 of 17 July 01, 2017 EXHIBIT A MA-IS-1740313 CONTRACT AGREEMENT PRICING 2017-2020 MOTOROLA COMMUNICATIONS EQUIPMENT & SERVICES Motorola products & services discount percentages is listed below Pricing for products & services listed below is located in Motorola Product Catalog (ECAT) Pricing shall be in accordance with Motorola Product Catalog (ECAT) and any subsequent revisions and updates New Products released between contract renewals will be offered to the County with prevailing discounts. Motorola will revise Exhibit A to included the new products MOTOROLA PRODUCTS 2017- 2020 DISCOUNT APX Personnel Accountability APX Personnel Accountability Information ASTRO 25 Infrastructure and Systems Master Site 14.00% Master Site ASTRO 7.5 Upgrade Add-On 14.00% Master Site ASTRO 7.6 Upgrade Add-On 14.00% Master Site ASTRO 7.7 Upgrade Add-On 14.00% Master Site ASTRO 7.8 Upgrade Add-On 14.00% Master Site ASTRO 7.9 Upgrade Add-On 14.00% Master Site ASTRO 7.11 14.00% Master Site ASTRO 7.11 Upgrade Add-On 14.00% Master Site ASTRO 7.13 14.00% Master Site ASTRO 7.13 Upgrade Add-On 14.00% Master Site ASTRO 7.14 New 14.00% Master Site ASTRO 7.14 Upg/Add 14.00% Master Site ASTRO 7.15 New Add-On 14.00% Master Site ASTRO 7.15 Upgrade 14.00% ASTRO 25 Conventional K1/K2 14.00% ASTRO 25 Conventional K1/K2 7.13 Core 14.00% ASTRO 25 Conventional K1/K2 7.13 Upgrade Add-On 14.00% 312 Master Purchase Agreement Pricing – Motorola Los Angeles County 2 of 17 July 01, 2017 ASTRO 25 Conventional K1/K2 A7.14 Core 14.00% ASTRO 25 Conventional K1/K2 A7.14 Upgrade Add-On 14.00% ASTRO 25 Conventional 7.15 K-Core 14.00% ASTRO 25 Conventional A7.15 K- Core Upgrade Add-On 14.00% ASTRO 25 Trunking L1/L2 Core 14.00% ASTRO 25 Trunking L1/L2 7.13 Core 14.00% ASTRO 25 Trunking L1/L2 7.13 Upgrade Add-On 14.00% ASTRO 25 Trunking L1/L2 7.14 Core 14.00% ASTRO 25 Trunking L1/L2 7.14 Upgrade Add-On 14.00% ASTRO 25 Trunking 7.15 L-Core 14.00% ASTRO 25 Trunking 7.15 L-Core Upgrade Add-On 14.00% Packet Data Gateway 14.00% Packet Data Gateway (Rackmount-server based) 14.00% Packet Data Gateway (HPD) 14.00% High Performance Data Packet Data Gateway 14.00% Enhanced Telephone Interconnect 14.00% Network Fault Management 14.00% GenWatch3 ATIA Based Solutions 14.00% Remote Site Site Controllers MTC 9600 14.00% PSC 9600 14.00% GCP 8000 18.00% GCP 8000 Software Upgrades 20.00% Comparators GCM 8000 15.00% DIGITAC 15.00% Base Stations / Repeaters GTR 8000 Expandable Site Subsystem 20.00% GTR 8000 Base Radio 20.00% GTR 8000 Site Subsystem 20.00% GTR 8000 Expandable Site Subsystem Chan Addition 20.00% GTR 8000 Software Upgrades 20.00% G-SERIES Hardware Upgrades 20.00% QUANTAR 25.00% QUANTAR High Power Boost Amplifier 25.00% QUANTAR 6809 Trunking 25.00% QUANTAR Intellirepeater Trunking 25.00% QUANTAR Conventional Operations 25.00% QUANTAR Cabinet and Rack Options 25.00% 313 Master Purchase Agreement Pricing – Motorola Los Angeles County 3 of 17 July 01, 2017 QUANTAR General Options 25.00% QUANTAR Kits and Accessories 25.00% Receivers GPW 8000 25.00% ASTRO-TAC Receiver 25.00% SmartX Networking and Transport Network Security ASTRO 7x Systems 15.00% Switching and Routing Center 15.00% Network Products LAN Switches / HUBS Models 15.00% Network Products Routers / Gateways 15.00% Network Products Terminal Servers 15.00% Secure Solutions ASTRO Digital Interface Unit (DIU) 14.00% ASTRO DIU FLASHport Upgrade 14.00% ASTRO DIU CM FLASHport UCM Upgrade 14.00% ASTRO DIU Encryption Refurbished 14.00% ASTRO DIU 3000 Refurbished 14.00% Key Management Facility (KMF) KMF (Integrated Trunking & Conventional) 14.00% KMF Crypto Card FLASHport Upgrades 14.00% KMF Small Fleet 14.00% ASTRO 25 PDEG Encryption Unit 14.00% CAI Data Encryption Module (CDEM) 14.00% CRYTPR 2 Broadband IP Encryption Unit 14.00% AME2000 14.00% MGEG Crypto Card 14.00% MVPN for APX 14.00% Interoperability Solutions ISSI.1 Network Gateway 5.00% MOTOBRIDGE IP Interoperable Solution 15.00% Data Applications Location Solutions ASTRO 25 Outdoor Location Solution Overview 5.00% ASTRO 25 GPS Units 5.00% ASTRO 25 Location APIs 5.00% Tx Messenger 15.00% Data Devices HPD 1000 Modem 5.00% HPD 1000 Modem Upgrade 5.00% 314 Master Purchase Agreement Pricing – Motorola Los Angeles County 4 of 17 July 01, 2017 Site Equipment RF Distribution Best Practices 0.00% Battery Reverting Charger 10.00% DC Power Systems 10.00% Surge Protection Devices (SPDs) 10.00% UPS 10.00% Zetron Model 30 Worldpatch 10.00% Antennas Low Band PIM VHF 10.00% Low Band PIM UHF 10.00% 800 MHz Low PIM 10.00% Low Band 10.00% VHF 10.00% UHF 10.00% 700 MHz 10.00% 800 MHz 10.00% 900 MHz 10.00% Circulators and Isolators UHF 10.00% Duplexers VHF 10.00% UHF 10.00% 800 MHz 10.00% 900 MHz 10.00% Filters 800 MHz 10.00% Receiver Multicouplers VHF 10.00% UHF 10.00% 800 MHz 10.00% Transmitters and Combiners VHF 10.00% UHF 10.00% 700 MHz 10.00% 800 MHz 10.00% Transmission Lines Super Flex/Low Density Foam 1/2" Super Flex 10.00% 1/4" Super Flex 10.00% 3/8" LDF Foam Kits 10.00% 315 Master Purchase Agreement Pricing – Motorola Los Angeles County 5 of 17 July 01, 2017 1/2" LDF Foam Kits 10.00% 5/8" LDF Foam Kits 10.00% 7/8" AVA 10.00% 1-1/4 AVA 10.00% 1-5/8" Copper AVA Cable 10.00% Aluminum Coaxial Cable 7/8" FXL Aluminum Cable 10.00% 1-5/8" FXL Aluminum Cable 10.00% 7/8" Aluminum 10.00% 1-5/8" Aluminum 10.00% VXL Flexible Cables 7/8" Extra Flexible Coaxial Cable 10.00% 1-5/8" Extra Flexible Coaxial Cable 10.00% 1-1/4" Extra Flexible Coaxial Cable 10.00% AirCell Cables 1/2" Transline Cable 10.00% 7/8" Transline Cable 10.00% 1-1/4" Transline Cable 10.00% 1-5/8" Transline Cable 10.00% 1/2" Radiating Cable 10.00% 7/8" Radiating Cable 10.00% 1-1/4" Radiating Cable 10.00% 1-5/8" Radiating Cable 10.00% Conventional Simulcast Controller 20.00% Rapid Deployment Infrastructure 15.00% Advanced Messaging Solution A1, A2, A3 Configurations 5.00% Battery Monitoring 10.00% Comparators GCM 8000 Comparator 20.00% ASTRO-TAC 3000 Comparator 20.00% ASTRO-TAC 9600 Comparator 25.00% DIGITAC Comparator 15.00% MLC 8000 Comparator 20.00% Data Applications & Video Solutions MVX1000 In-Car Digital Video System MVX1000 In-Car Digital Video System 0.00% MVX1000 Digital Multimedia Mgmt System (DMMS) 0.00% VIEVU LE3 On Body Camera 5.00% Digital Patroller 2 (DP-2) 316 Master Purchase Agreement Pricing – Motorola Los Angeles County 6 of 17 July 01, 2017 DP-2 In-Car Products 0.00% DP-2 Video Management System (Server) 0.00% Automatic License Plate Recognition 5.00% ALT1000 ALPR SURVEILLANCE TRAILER 5.00% Fixed Automatic License Plate Recognition 5.00% Intelligent Data Portal 5.00% Optimized Video Security Optimized Video Security Portfolio 0.00% Mesh Camera Solutions 0.00% Public Safety Applications 0.00% RadioIP 0.00% RIC 0.00% Real Time Video Intelligence (RTVI) 0.00% Real Time Crime Center (RTCC) 0.00% Tx Messenger 0.00% Data Devices Rugged Mobile Computing Devices (ML and MW) MW810 Mobile Workstation R2.0 (F5218) 0.00% MW810 Mobile Workstation (F5208) 0.00% ML910 Rugged Notebook Computer (Core Duo 1.66 GHz) 0.00% Vehicular Radio Modem (VRM) Vehicular Radio Modem 850 0.00% Dispatch Solutions Dispatch Computer Hardware 15.00% Logging Solutions Dual Instant Recall Recorder 5.00% MCC 7500 IP Logging Recorder Products 5.00% NICE Inform 5.00% HDL Plus 5.00% NICE NRX 5.00% Verint Recording Solutions 15.00% MC Series Desktop Controllers 15.00% MCC 5500 Dispatch Console 10.00% MCD 5000 Deskset System 20.00% MIP 5000 IP Dispatch Console 20.00% MKM 7000 Console Alias Manager 15.00% Monitoring and Control Network 10.00% Motorola MCC 7100 Dispatch Position 15.00% Motorola MCC 7500 Products MCC Series Accessories 15.00% 317 Master Purchase Agreement Pricing – Motorola Los Angeles County 7 of 17 July 01, 2017 MCC 7500 Dispatch Consoles 15.00% MCC 7500 Archiving Interface Servers 15.00% MCC 7500 IP Logging Recorder Products 10.00% MCC 7500 Conventional Channel Items 15.00% MCC 7500 Aux I/O Items 10.00% Servers, Workstations, OS and Ancillary Items Digital Conventional Systems IP Based Digital Conventional Systems 15.00% Encoders Information Only Enterprise Applications Information Only Fire Station Alerting FSA4000 15.00% MACH Alert 15.00% Fireground Solutions Information Only 800MHz Simplex Operation - Frequency Translator 10.00% Fixed Data Products Fixed Data General Information IRM 1500 5.00% ACE 1000 RTU 5.00% ACE 3600 RTU 5.00% ACE Product Licenses 5.00% MOSCAD RTU 15.00% MOSCAD-L RTU 0.00% MOSCAD-M RTU 0.00% MOSCAD Toolbox 18.00% IP Gateways & M-OPC 18.00% Network Fault Management 18.00% MDS Data Radios 15.00% Fixed Network Equipment Motorola Wireless Communication Sfwr II (MWCS II) 15.00% MOTOBRIDGE IP Interoperable Solution 15.00% MOTOMESH Quattro 0.00% MOTOMESH Extension 0.00% MOTOMESH Duo 0.00% MOTOMESH Solo 0.00% Private Data Systems Software Subscriptions 0.00% Wireless Network Gateway - Rackmount Server-Based 15.00% 318 Master Purchase Agreement Pricing – Motorola Los Angeles County 8 of 17 July 01, 2017 High Performance Data Packet Data Gateway 15.00% WDE1000 2.4/4.9 802.11 PCMCIA Card 0.00% Fixed Stations CDR700/CDR500 Repeaters QUANTAR ASTRO-TAC Receiver25 25.00% QUANTAR 25.00% 6809 Trunking 25.00% Conventional Operations 25.00% Cabinets and Racks Options 25.00% General Options 25.00% INTELLIREPEATER Trunking 25.00% Kits and Accessories Options 25.00% MTR2000 MOTOTRBO UPGRADE 25.00% MTR3000 25.00% GTR 8000 Expandable Site Subsystem 20.00% GTR 8000 Base Radio 20.00% GTR 8000 Site Subsystem 20.00% GTR 8000 AND GCP 8000 SOFTWARE UPGRADE 20.00% GTR 8000 EXPANDABLE SITE SUBSYSTEM CHAN ADDITION 20.00% G-series Hardware Upgrades Fixed Station Antenna Systems Single Side Band Single Side Band Antennas 10.00% Transmission Lines Super Flex/Low Density Foam Transmission Line Info 10.00% 1/4" Super Flex 10.00% 1/2" Super Flex 10.00% 3/8" LDF Foam Kits 10.00% 1/2" LDF Foam Kits 10.00% 5/8" LDF Foam Kits 10.00% 7/8" AVA 10.00% 1-1/4 AVA 10.00% 1-5/8 AVA 10.00% ALUMINUM COAXIAL CABLE 7/8" FXL Aluminum Cable 10.00% 1-5/8" FXL Aluminum Cable 10.00% 7/8 ALUMINUM 10.00% 1 5/8 ALUMINUM 10.00% 319 Master Purchase Agreement Pricing – Motorola Los Angeles County 9 of 17 July 01, 2017 VXL FLEXIBLE CABLES 10.00% 7/8" Extra Flexible Coaxial Cable 10.00% 1-5/8" Extra Flexible Coaxial Cable 10.00% 1-1/4" Extra Flexible Coaxial Cable 10.00% AirCell Cables 1/2" Transline Cable 10.00% 7/8" Transline Cable 10.00% 1-1/4" Transline Cable 10.00% 1-5/8" Transline Cable 10.00% 1/2" Radiating Cable 10.00% 7/8" Radiating Cable 10.00% 1-1/4" Radiating Cable 10.00% 1-5/8" Radiating Cable 10.00% Fixed Wireless (Broadband) RF Design Software EnterprisePlanner 0.00% SiteScanner 0.00% LANPlanner 0.00% MeshPlanner 0.00% Private Broadband Networks 0.00% One Point Wireless 0.00% PTP (Point to Point) 0.00% RAD Data Products 0.00% PMP (Point to Multipoint) 0.00% Wireless LAN 15.00% Location Solutions TRX Indoor Location 15.00% ASTRO 25 Outdoor Location Solution Overview 15.00% ASTRO 25 GPS Units 15.00% ASTRO 25 Location APIs 15.00% Military APX7000L LTE 25.00% SRX 2200 UHFR1 0.00% SRX 2200 VHF 0.00% SRX 2200 700/800 0.00% Mobile Stations Professional Commercial Radio (PCR) Information (Pricing in MOL) MOTOTRBO™ Mobiles XPR™ 2500 10.00% XPR™ 4350 10.00% 320 Master Purchase Agreement Pricing – Motorola Los Angeles County 10 of 17 July 01, 2017 XPR™ 4550 10.00% XPR™ 4580 SmartNet/Privacy Plus 10.00% XPR™ 4380/4580 Digital 10.00% XPR™ 5350/5380 10.00% XPR™ 5550/5580 10.00% XPR™ 8380/8400 10.00% MOTOTRBO Mobile Accessories 10.00% ASTRO Digital APX 8500 Mobile Radios APX8500 Mobile Radio 27.00% APX8500 Consolette ASTRO Digital APX 7500 Mobile Radios APX7500 Mobile Radio 27.00% APX 7500 Consolette 27.00% ASTRO Digital APX 6500 Mobile Radios APX 6500 Mobile Radio 27.00% APX 6500Li APX 6500Li 27.00% APX 4500 APX 4500 27.00% APX Retrofit Kits APX1500 APX1500 27.00% DIGITAL VEHICULAR REPEATER DIGITAL VEHICULAR REPEATER UHF 15.00% DIGITAL VEHICULAR REPEATER 800 15.00% DIGITAL VEHICULAR REPEATER 700 15.00% DIGITAL VEHICULAR REPEATER VHF 15.00% VRX1000 - VEHICLE RADIO EXTENDER 15.00% PCRM PM1500 VHF Models 10.00% UHF Models 10.00% CPS Programming Cables Information Interoperability Solutions ISSI.1 Network Gateway 5.00% ISSI 8000 / CSSI 8000 Network Gateway 5.00% Motobridge 15.00% WAVE 5000 5.00% 00.00% 321 Master Purchase Agreement Pricing – Motorola Los Angeles County 11 of 17 July 01, 2017 Mobile Accessories Mini Mag Antennas 20.00% Parts Antennas 20.00% Network Security (IA) Network Security-IA (7.14 and prior) 15.00% Network Security-IA (7.15 and beyond) 15.00% Networking Products Switching and Routing Center (7.13 and beyond) 15.00% Modems and Modem Cards 15.00% Network Products Routers/Gateways 15.00% Network Products Channel Banks 15.00% Network Products Digital Cross Connect Switches 15.00% Network Products LAN Switches / HUBS Models 15.00% Network Products Terminal Servers 0.00% Network Products Time and Frequency 0.00% Network Products WAN Switches 15.00% PCR Paging Professional Commercial Radio (PCR) Information (Pricing in MOL) Minitor VI 10.00% PassPort and LTR Infrastucture TRIDENT Information Programming over P25 (POP25) POP25 information Public Safety LTE User Equipment (UE) USB Modem 15.00% VSM - Vehicular Subscriber Modem 15.00% LEX-L10G 5.00% LTE SIM Card 15.00% LTE VML750 15.00% LEX-F10 15.00% LEX-L11 15.00% Networking & Transport EPC DNS/DHCP Appliance/NTP Server 5.00% eNodeB L2 Switch (AC/DC Power) 5.00% PTT L2/L3 Switch (AC Power) 5.00% L2/L3 Aggregation Switch/Router (copper) 5.00% Core MLX-4E 5.00% L2/L3 Aggregation Switch/Router (fiber) 5.00% L2/L3 Remote EPG Switch (fiber) 5.00% 322 Master Purchase Agreement Pricing – Motorola Los Angeles County 12 of 17 July 01, 2017 L2/L3 Remote EPG Switch (copper) 5.00% Core CES2048X 5.00% Security Firewall Manager 5.00% Core / EPC Firewall 5.00% Agency and Regional Applications Firewall 5.00% MSI Mobile VPN 14.00% Mobile Virtual Private Network - MVPN 5.00% Radio Access Network Site Ancillary 5.00% Antenna System 5.00% eNodeB Band Class 14 5.00% eNodeB Band Class 20 5.00% RF Site Battery Backup System 5.00% eNodeB Band Class 28 5.00% Enhanced Packet Core Converged Packet Gateway – CPG 5.00% Subscriber & Policy Manager – SPM 5.00% Mobility Management Equipment - MME 5.00% Home Subscriber Service (HSS) 5.00% Evolved Packet Gateway (EPG) 5.00% Diameter Routing Agent – DRA 5.00% Policy and Charging Rules Function - PCRF 5.00% Operations & Maintenance 5.00% Device Management Solutions 5.00% Operations Support Platform 5.00% Operations Support System for Radio & Core-OSSRC 5.00% Application Real Time Video Intelligence – RTVI 0.00% Priority Management – PM 0.00% Emergency Button / Quick Action Button 0.00% Location Services 0.00% Presence Services 0.00% Radio Services / Radio Remote Control 0.00% Public Safety PTT Public Safety Push To Talk (PTT) 0.00% Public Safety Push To Talk - PTT Server 0.00% Public Safety LTE PTT Gateway 0.00% 323 Master Purchase Agreement Pricing – Motorola Los Angeles County 13 of 17 July 01, 2017 Portable Radiophones Professional Commercial Radio (PCR) Information (Pricing in MOL) MOTOTRBO™ Portables XPR™ 3300 10.00% XPR™ 3500 10.00% XPR™ 6350 10.00% XPR™ 6550 10.00% XPR™ 6380/6580 SmartNet/Privacy Plus 10.00% XPR™ 6380/6580 Digital 10.00% XPR™ 7350/7380 10.00% XPR™ 7550/7580 10.00% SL 7550/7580/7590 10.00% MOTOTRBO Portable Accessories 10.00% APX 8000 APX 8000 27.00% APX 8000 Accessories 20.00% APX 8000XE APX 8000XE 27.00% APX 8000XE Accessories 20.00% APX 7000 APX 7000 27.00% APX 7000 Accessories 20.00% APX 7000XE APX 7000XE 27.00% APX 7000XE Accessories 20.00% APX 6000 APX 6000 700/800 MHz 27.00% APX 6000 VHF 27.00% APX 6000 UHF 27.00% APX 6000 Accessories 20.00% APX 6000XE APX 6000XE 700/800 MHz 27.00% APX 6000XE VHF 27.00% APX 6000XE UHF 27.00% APX 6000XE Accessories 20.00% APX 6000Li APX6000Li 700/800 27.00% 324 Master Purchase Agreement Pricing – Motorola Los Angeles County 14 of 17 July 01, 2017 APX6000Li UHF 27.00% APX6000Li VHF 27.00% APX6000Li Accessories 20.00% APX 4000 APX 4000 700/800 27.00% APX 4000 VHF 27.00% APX 4000 UHF 27.00% APX 4000 900 MHz 27.00% APX 4000 Accessories 20.00% APX 3000 APX 3000 700/800 27.00% APX 3000 VHF 27.00% APX 3000 UHF R1 27.00% APX 3000 UHF R2 27.00% APX 3000 Accessories 20.00% APX1000 APX1000 700/800MHz 27.00% APX1000 UHF 27.00% APX1000VHF 27.00% APX1000 900 MHz 27.00% TRX Indoor Location TRX Indoor Location 0.00% XTS 5000 ACCESSORIES ONLY XTS 5000 700/800 ACCESSORIES ONLY 15.00% XTS 5000 VHF ACCESSORIES ONLY 15.00% XTS 5000 UHF ACCESSORIES ONLY 15.00% ASTRO Digital XTS 2500 ACCESSORIES ONLY XTS 2500 700/800 MHz ACCESSORIES ONLY 15.00% XTS 2500 900 MHz ACCESSORIES ONLY 15.00% XTS 2500 VHF ACCESSORIES ONLY 15.00% XTS 2500 UHF ACCESSORIES ONLY 15.00% ASTRO Digital XTS 1500 ACCESSORIES ONLY XTS1500 900 MHz ACCESSORIES ONLY 15.00% XTS 1500 700/800 MHz ACCESSORIES ONLY 15.00% XTS 1500 VHF ACCESORIES ONLY 15.00% XTS 1500 UHF ACCESSORIES ONLY 15.00% MT 1500 ACCESSORIES ONLY MT 1500 800 MHz ACCESSORIES ONLY 15.00% MT 1500 VHF ACCESSORIES ONLY 15.00% MT 1500 UHF ACCESSORIES ONLY 15.00% 325 Master Purchase Agreement Pricing – Motorola Los Angeles County 15 of 17 July 01, 2017 XTS 4000 ACCESSORIES ONLY XTS4000 VHF ACCESSORIES ONLY 15.00% XTS4000 UHF R1 ACCESSORIES ONLY 15.00% MTVA & XTVA Accessories Mobile Vehicular Adapter (MTVA) 20.00% XTS Vehicular Adapter (XTVA) 20.00% APX Transportable Base Station 22.00% PR1500 PR1500 VHF 10.00% PR1500 UHF 10.00% Radio Applications Pop25 for Trunking and Conventional Information Presence Notifier Application Information Advanced System Key 20.00% Radioware Solutions TX Application Software 0.00% Receivers GPW 8000 Receiver 20.00% ASTRO TAC Receivers 0.00% MTR 3000 Analog Receivers 25.00% Secure Solutions Key Variable Loader (KVL) KVL 3000 Plus FLASHport Upgrade 14.00% KVL 4000 14.00% KVL 4000 FLASHport 14.00% VPN PSLTE VPN 14.00% Services Solutions Service Solutions Information SmartX SmartX 14.00% APX Programming Software APX Radio Management 20.00% Software Upgrades/FLASHport Lifecycle Products Software Maintenance Agreement (SMA) 0.00% System Upgrade Agreement (SUA) 0.00% Infrastructure Software Upgrades/FLASHport ASTRO-TAC FLASHport & Upgrades 20.00% ASTRO-TAC Receiver Conventional Upgrades 20.00% 326 Master Purchase Agreement Pricing – Motorola Los Angeles County 16 of 17 July 01, 2017 ASTRO-TAC Receiver Trunked Upgrade 20.00% ASTRO-TAC & ASTRO-TAC 3000 FLASHport Upgrades 20.00% QUANTAR Software & Hardware Upgrade 20.00% Software Upgrades/FLASHport 20.00% Software & Hardware Upgrades/FLASHport 20.00% STR 3000 FLASHport 20.00% Programming Software Customer Programming Software 0.00% Radio Service Software 0.00% Subscriber Software Upgrades/FLASHport MT 1500 SW FLASH 20.00% XTS 1500 SW FLASH 20.00% XTL 1500 SW FLASH 20.00% XTS 2500 SW FLASH 20.00% XTL 2500 SW FLASH 20.00% XTL 5000 & Consolette SW FLASH 20.00% XTS 5000 SW FLASH 20.00% XTS/XTL New UCM KVL3000PLUS FLASH 20.00% XTL/XTS5000, 2500, Consolett UCM KVL3000PLUS FLASH 20.00% APX 7500 & Consolette SW FLASH 20.00% APX 7000 SW FLASH 20.00% APX 6500 SW FLASH 20.00% APX 6500Li SW FLASH 20.00% APX 6000 & APX 6000XE SW FLASH 20.00% APX 6000Li SW FLASH 20.00% APX 4000 SW FLASH 20.00% APX 4500 SW FLASH 20.00% APX Mobile/Portable MACE KVL4000 FLASH 20.00% APX 3000 SW FLASH 20.00% APX Mobile/Portable MACE KVL3000PLUS FLASH 20.00% APX Mobile and Portable Firmware Refresh 20.00% SRX 2200 SW FLASH 20.00% Telephone Interconnect Zetron Model 30 Worldpatch 10.00% Enhanced Telephone Interconnect 14.00% Text Messaging Services Solution Text Messaging Services Solution 5.00% Trunking Products and Systems MTC 3600 MTC 3600 SMARTNET Single Site Controller 14.00% 327 Master Purchase Agreement Pricing – Motorola Los Angeles County 17 of 17 July 01, 2017 MTC 3600 SMARTNET Simulcast Prime 14.00% MTC 3600 SMARTNET Remote Site Controller 14.00% MTC 3600 SmartZone Simulcast Prime Site 14.00% MTC 3600 SmartZone ReSC 14.00% MTC 3600 SmartZone Remote (Non-Simulcast) 14.00% MTC 3600 Upgrades 14.00% SmartZone Network Management & Controllers 4.1 Network Management System Upgrades 14.00% MZC 5000 Zone Controller 14.00% Simulcast Miscellaneous 14.00% RF Modems for Site Lens/System Watch 0.00% Site Lens 0.00% Genesis GenWatch3 Over The Air Based Solutions 15.00% GenWatch3 ATIA Based Solutions 15.00% SystemWatch II 3600 on XP 0.00% Unified Network Services (UNS) UNS 0.00% UNS Expansions and Upgrades 0.00% MotoMapping 0.00% Replacement Parts, Radio Accessories, Batteries, Kits, and Programming Tools Contact Motorola Parts & Accessories Department (800 422 4210) for price quotes. 20.00% Non-Motorola Mfg. Items - Supply Chain Commodities To order non manufactured items to support radio products listed in Exhibit A discounts will be applied based on 15.00% the following APC Codes 131, 207, 229, 417, 457, 515, 557, 708, 740, 854 Frieght/Shipping Charges - Details 1) Orders placed through the Motorola Parts & Accessories Department will ship FOB destination, UPS ground. 2) Orders placed for radio and factory/manufactured items shall be charged at 1.25% of the equipment total and added to the price quote. 3) Expedited shipments via air (FedEx etc.) when requested by County shall be at County expense. 328 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0681 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 APPROVE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC., TO PREPARE AN ENVIRONMENTAL IMPACT REPORT (EIR) AND TO PROVIDE PLANNING SERVICES FOR THE STRAND AND PIER HOTEL PROJECT (Community Development Director Ken Robertson) Recommended Action: Staff recommends that the City Council approve a third modification, in the amount of $75,684, to the Professional Services Agreement with Amec Foster Wheeler Environment & Infrastructure, Inc., to prepare an Environmental Impact Report (EIR) and provide planning services for the proposed Strand and Pier Hotel Project. The modification would result in an increase to the current contract amount from $330,035 to $405,719, plus the 10 percent contingency, and would extend the term of the contract from December 31, 2018 to December 31, 2019. Background: On September 24, 2015, City Council approved a Professional Services Agreement with Amec Foster Wheeler Environment & Infrastructure, Inc. (AMEC) to prepare an Environmental Impact Report (EIR) and provide planning services for the proposed Strand and Pier Hotel project. This agreement was amended on December 16, 2016 and January 10, 2017. Pursuant to the terms of the contract, the City Manager authorized an amendment extending the contract from December 31, 2016 to December 31, 2018. The scope of the original contract included preparation of environmental studies by AMEC, as well as peer review by AMEC of some developer-prepared environmental studies, such as Parking and Traffic studies. Staff subsequently determined it would be more expeditious for AMEC to prepare a Parking Survey that would assist the development team in completing the developer-prepared Parking Study, and the City Council approved an amendment on January 10, 2017 to increase the $296,530 contract amount by 11 percent ($33,685) to $330,035 to accomplish that task. City of Hermosa Beach Printed on 11/16/2022Page 1 of 5 powered by Legistar™329 Staff Report REPORT 18-0681 A third modification to the contract in the amount of $75,684 is proposed due to unanticipated expenses that have been necessary to complete the EIR. Analysis: A range of issues has required expanded efforts outside the consultant’s original scope of work, including: an extended project timeline of over three years through to certification of the Final EIR (a delay or more than two years); underdeveloped developer-prepared technical studies (i.e., parking study, traffic study); enhanced levels of environmental analysis and mitigation development; a separate and enhanced legal sufficiency review; additional meetings requested by the developer outside of the original scope of work; and commensurate increases in required project management. Although funds remain in the existing total budget, the extended EIR schedule and expansion of the scope of work have required the consultant to draw upon budget reserved for future phases to complete the Draft EIR. Many of the schedule delays and scope changes are attributable to the development team as described in the City’s response to the developer’s letter of February 13, 2018, while some are related to the need for expanded coordination between the City and AMEC. Schedule delays and EIR scope expansion have exceeded the original budget by approximately $75,684, and to address this, a budget modification of $75,684 is requested to replenish the original budget for the remaining phases and provide sufficient budget to cover all upcoming EIR and planning/permitting tasks. The 10 percent contingency would also provide adequate buffer for future uncertainty associated with responding to public comments and developer comments on the Draft EIR. The requested modification will cover minor revisions to existing technical studies, if needed. Specifically, the proposed modification to the Agreement is to increase the current contract amount from $330,035 to $405,719, plus the 10 percent contingency, and to extend the term of the contract from December 31, 2018 to December 31, 2019. General Plan Consistency: PLAN Hermosa (the City’s combined General Plan and Local Coastal Program)was adopted in August 2017.General Plan policies implemented by approval of the proposed contract amendment include: 1)The original contract and amendments have been approved in open meetings in which the decisions are being made, pursuant to Governance Policy 1.1. a)Governance 1.1 Open meetings. Maintain the community’s trust by holding meetings in which decisions are being made that are open and available for all community members to attend, participate, or view remotely. 2)The subject contract amendment for preparation of the EIR ensures completion of CEQA-required evaluation of the project for environmental impacts and compliance with applicable regulations associated with the following General Plan goals: City of Hermosa Beach Printed on 11/16/2022Page 2 of 5 powered by Legistar™330 Staff Report REPORT 18-0681 a)Mobility 5.4 Evaluate projects. Ensure the evaluation of projects for transportation and traffic impacts under CEQA consider local and statewide goals related to infill development, the promotion of healthy and active lifestyles through active transportation, and the reduction of greenhouse gases, in addition to traditional congestion management impacts. b)Sustainability + Conservation 2.6 Greenhouse gas thresholds. Establish greenhouse gas emissions thresholds for use in evaluating non-exempt discretionary projects consistent with CEQA and require projects above that threshold to substantially mitigate all feasible greenhouse gas emissions, and locally offset the remainder of greenhouse gas emissions produced to meet thresholds. c)Sustainability + Conservation 3.2 Mobile source reductions. Support land use and transportation strategies to reduce emissions, including pollution from commercial and passenger vehicles. d)Public Safety 1.2 Prepare geotechnical reports. Geotechnical repots will be prepared for new development projects in areas with the potential for liquefaction or landslide. e)Public Safety 1.8 Reduce stormwater runoff. Reduce stormwater runoff consistent with local stormwater permits. f)Public Safety 1.10 Consider site-specific soil conditions. Require new structures to consider site-specific soil conditions. g)Public Safety 2.1 Integrate resilience. Integrate resilience to anticipated seal level rise impacts into project designs when repairing and replacing aging infrastructure within the coastal zone. h)Public Safety 2.2. Sea level rise impacts. Require new development and redevelopment projects to consider and address relevant sea level rise impacts. i)Public Safety 2.9 Beach nourishment and replenishment. Consider allowing construction projects with sand excavation to add sand for beach replenishment or nourishment purposes. j)Public Safety 5.6 Adequate emergency access. Require new development to be designed to provide adequate emergency access and to maintain current levels of emergency services. k)Public Safety 7.2 Noise compatibility. Utilize the Land Use/Noise Compatibility Matrix in Table .4 as a guide for future planning and development decisions. l)Public Safety 7.6 Vibration control. Groundborne vibration levels induced by construction and demolition activities and other ongoing land use activities can be controlled to minimize damage and annoyance within the community. m)Public Safety 8.1 Transportation facility compatibility. Periodically review County, regional and local plans for transportation facilities and new developments to minimize or avoid land use/noise conflicts prior to project approval. n)Infrastructure .4 Fair share assessments. Require new development and redevelopment projects to pay their fair share of the cost of infrastructure improvements needed to serve the project, and ensure that needed infrastructure is available prior to or at the time of project completion. o)Infrastructure 2.5 Active transportation dedications. Require new development and redevelopment projects to provide land or infrastructure necessary to accommodate active City of Hermosa Beach Printed on 11/16/2022Page 3 of 5 powered by Legistar™331 Staff Report REPORT 18-0681 transportation, such as widened sidewalks, bike racks, and bus stops, in compliance with ADA accessibility standards. p)Infrastructure 2.7 Restore to City standards. Require utility, other service providers, and private construction projects working in the public right-of-way to restore or improve trench areas to return the site to conditions that comply with City standards and prevent roadway and sidewalk deterioration. q)Infrastructure 3.1 Demand monitoring. Continue to evaluate and monitor the adequate of available water supply and distribution systems relative to proposed development and redevelopment projects. r)Infrastructure 4.4 System capacity reviews. Require new development and redevelopment projects to demonstrate available sewer system capacity and resiliency. s)Infrastructure 5.8 Low impact development. Require new development and redevelopment projects to incorporate low impact development (LID) techniques in project designs, including but not limited to on-site drainage improvements using native vegetation to capture and clean stormwater runoff and minimize impervious surfaces. Fiscal Implications: There are no adverse fiscal implications to the City. All costs of the EIR, including reimbursement for City staff time, are paid by the applicant pursuant to a Reimbursement Agreement with the developer, Bolour Associates. Next Steps: The City’s environmental consultants and City staff are currently reviewing public comments and formulating formal responses, which may necessitate additional technical studies to respond accordingly. The public comments, along with the City’s formal responses and any additional needed technical studies, will be published in a document called a Final EIR. Publishing the public comments simultaneously with the professional responses provides a context for better understanding of the technical issues regarding the environmental impacts of the project, and suggested mitigation measures. The Final EIR will be published prior to the required Planning Commission public hearing. There will also be a required City Council public hearing to consider certification of the Final EIR and the requested project entitlements. As always, public input is encouraged at these hearings, which are anticipated to occur sometime after the holidays. Attachments: 1. Third Amendment to Professional Services Agreement 2. Attachment A - Modification Request for Expanded Scope to Complete the EIR 3. Second Amendment to Professional Services Agreement 4. Exhibit A to Professional Services Agreement City of Hermosa Beach Printed on 11/16/2022Page 4 of 5 powered by Legistar™332 Staff Report REPORT 18-0681 5. Original Agreement dated 9-24-15 6. City’s 3-6-18 response to developer’s 2-13-18 letter 7. Developer’s 2-13-18 letter to City 8. Link to City Council 9-24-15 Meeting 9. Link to City Council 1-10-17 Meeting Respectfully Submitted by: Kim Chafin, Planning Manager Concur: Ken Robertson, Community Development Director 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 11/16/2022Page 5 of 5 powered by Legistar™333 Third Amendment to Agreement for Professional Services to Provide EIR for Proposed Strand and Pier Hotel Project THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES TO PROVIDE ENVIRONMENTAL IMPACT REPORT AND PLANNING SERVICES FOR THE PROPOSED STRAND AND PIER HOTEL PROJECT This third amendment to the AGREEMENT FOR PROFESSIONAL SERVICES TO PROVIDE ENVIRONMENTAL IMPACT REPORT AND PLANNING SERVICES FOR THE PROPOSED STRAND AND PIER HOTEL PROJECT TO THE CITY OF HERMOSA BEACH dated September 24, 2015, and amended December 16, 2016, and January 10, 2017, (the "Agreement") is made by and between the City of Hermosa Beach, a municipal corporation, located at Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885, hereinafter referred to as "CITY", and Amec Foster Wheeler Environment & Infrastructure, Inc., 104 W. Anapamu Street, #204A, Santa Barbara, CA 93101, hereinafter referred to as "CONSULTANT." I. Article 1, Consideration and Compensation, Paragraph C is amended to read as follows: “C As additional consideration, CITY agrees to pay CONSULTANT a not to exceed cost of Four Hundred Five Thousand, Seven Hundred Nineteen Dollars ($405,719) plus ten percent contingency for CONSULTANT’s services, based on hourly rates and estimated expenses identified in Attachment A, unless otherwise specified by written amendment to this Agreement. City Manager is authorized to allow an additional amount not to exceed ten (10%) percent of the total estimated amount under this Agreement. II. Article 7, Term of Agreement, is amended to read as follows: 7. TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on December 31, 2019, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties. III. All other provisions of said Agreement shall remain in full force and effect. 334 Third Amendment to Agreement for Professional Services to Provide EIR for Proposed Strand and Pier Hotel Project IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement as of the date and year first written below. CONSULTANT By: ___________________________________ Date: _____________________ Title: _________________________________ THE CITY OF HERMOSA BEACH By: ___________________________________ Date: _____________________ Title: City Manager_______________________ APPROVED AS TO FORM: ______________________________________ Michael Jenkins, City Attorney ATTEST: _______________________________________ Elaine Doerfling, City Clerk 335 Amec Foster Wheeler Environment & Infrastructure, Inc. 104 W. Anapamu Street, Suite 204A Santa Barbara, California 93101 Tel (805) 962-0992 Fax (805) 966-1706 www.amecfw.com These data, furnished in connection with this proposal, shall not be disclosed outside the City of Hermosa Beach and shall not be duplicated, used, or disclosed in whole or in part for any other purpose than to evaluate the proposal; provided, that if a contract is awarded to this offer or as a result of or in connection with the submission of these data, the City of Hermosa Beach shall have the right to duplicate, use, or disclose the data to the extent provided in the contract. This restriction does not limit the right of the City of Hermosa Beach to use information contained in the data if it is obtained from another source without restriction. The data subject to this restriction are contained in this proposal. October 29, 2018 VIA EMAIL TRANSMISSION Mr. Ken Robertson, Director Community Development Department City of Hermosa Beach 1315 Valley Drive Hermosa Beach, CA 90254 Subject: Modification Request for the Expanded Scope Necessary to Complete the Strand and Pier Hotel Draft EIR Greetings Ken, This modification request proposes adjustments to the original budget due to unanticipated expenses that have been necessary to complete the Draft Environmental Impact Report (EIR) for the proposed Strand & Pier Hotel Project. A range of issues have required expanded effort outside of the scope in the original proposal, including: an extended project timeline of over 3 years through to certification of the Final EIR (i.e., a delay of more than 2 years); underdeveloped Applicant-prepared technical studies; enhanced levels of environmental analysis and mitigation development; a separate and enhanced legal sufficiency review; additional meetings requested by the Applicant outside of the original scope; and commensurate increases in required project management. Amec Foster Wheeler’s original budget estimate for the preparation of the Draft EIR was $296,530 with a 10-percent contingency. Following the Applicant’s submittal of the shared parking study, the City approved a modification of $33,685 for a parking utilization survey. Further, following the Applicant’s submittal of the traffic study, the City released $16,239 of contingency to: 1) Cover a minor contract discrepancy with Fehr & Peers following the contract modificaiton; 2) Support additional peer review supplemental traffic analyses, including the evaluation of Transportation Network Company (TNC) ridesharing; and 3) Publish an additional round of notices to announce a new date for the Draft EIR Informational Session. Although substantial funds remain in the existing total budget, the extended EIR schedule and the expansion of EIR scope have caused Amec Foster Wheeler’s team to draw upon budget reserved for future phases to complete the Draft EIR. Many of these schedule delays and scope changes are attributable to the Applicant team as described in the City’s response to the Applicant’s letter dated February 13, 2018 while some others are related to the need for expanded coordination between the City and Amec Foster Wheeler, as described further below (see Summary of Delays and Scope Expansion below). Schedule delays and EIR scope expansion have exceeded our original budget for the Draft EIR by approximately $75,684. To address this exceedance, we request a budget modification of 336 Amec Foster Wheeler Environment & Infrastructure, Inc. 104 W. Anapamu Street, Suite 204A Santa Barbara, California 93101 Tel (805) 962-0992 Fax (805) 966-1706 www.amecfw.com These data, furnished in connection with this proposal, shall not be disclosed outside the City of Hermosa Beach and shall not be duplicated, used, or disclosed in whole or in part for any other purpose than to evaluate the proposal; provided, that if a contract is awarded to this offer or as a result of or in connection with the submission of these data, the City of Hermosa Beach shall have the right to duplicate, use, or disclose the data to the extent provided in the contract. This restriction does not limit the right of the City of Hermosa Beach to use information contained in the data if it is obtained from another source without restriction. The data subject to this restriction are contained in this proposal. $75,684 to replenish our original budget for the remaining phases and provide sufficient remaining budget to cover all upcoming EIR and planning/permitting tasks. The 10-percent contingency would also provide adequate buffer for future uncertainty associated with public comments abd Applicant comments on the Draft EIR. Existing Budget and Proposed Modification Request Labor and Expense Budget 10-Percent Contingency Budget Original Budget $296,530.00 $29,653.00 Budget with Modification for Parking Utilization Survey $330,035.00 $33,003.50 Proposed Modification Request $75,684 - Total Proposed Budget $405,719 $40,571.90 Summary of Effort Included in the Modification Request Direct Labor Direct Labor Hours Cost Modification Estimate Project Manager (D. Gira) 140 $23,800 Deputy Project Manager (N. Meisinger) 200 $19,000 Environmental Analysts 315 $25,200 Project Administrator (R. Malloch) 12 $1,440 Subcontracts/Procurement (T. Martz) 4 $380 Subcontractor Labor Direct Labor Hours Cost Modification Estimate Fehr & Peers - $3,800 VizF/X - $1,530 10% Subcontractor Markup - $534 Modification Total $75,684 Thank you for your consideration of this request. If you have any questions, please contact Dan Gira at (805) 962-0992 x225 / daniel.gira@amecfw.com, or Nick Meisinger at (805) 252-0060 / nick.meisinger@amecfw.com. Amec Foster Wheeler Environment & Infrastructure, Inc. Aaron Goldschmidt, Operations Manager Environmental Planning and Permitting Services 337 Amec Foster Wheeler Environment & Infrastructure, Inc. 104 W. Anapamu Street, Suite 204A Santa Barbara, California 93101 Tel (805) 962-0992 Fax (805) 966-1706 www.amecfw.com These data, furnished in connection with this proposal, shall not be disclosed outside the City of Hermosa Beach and shall not be duplicated, used, or disclosed in whole or in part for any other purpose than to evaluate the proposal; provided, that if a contract is awarded to this offer or as a result of or in connection with the submission of these data, the City of Hermosa Beach shall have the right to duplicate, use, or disclose the data to the extent provided in the contract. This restriction does not limit the right of the City of Hermosa Beach to use information contained in the data if it is obtained from another source without restriction. The data subject to this restriction are contained in this proposal. Summary Causes of Scope Expansion Applicant Schedule Delays, Underdeveloped Technical Studies, Unscoped Meetings Amec Foster Wheeler entered into contract with the City for the preparation of the EIR in September 2015 and hosted a project kick-off meeting in December 2015. However, following the kick-off meeting, a complete application package was not provided until June 2016, an 18-month delay. Similarly, Amec Foster Wheeler received the draft technical studies from the Applicant in June and July 2016 for technical peer review; however, the completed revised technical studies, necessary to inform the EIR analysis, were not received until January 2017, an additional 8-month delay. As described in our proposal assumptions, any substantial schedule delays (i.e., over 2 months) warrant a cost adjustment due to extended materials review and overall management time. A number of the Applicant team’s technical studies lacked necessary detail to support the EIR analysis. As such, our team was required to conduct multiple rounds of peer review. In some circumstances, Amec Foster Wheeler was required to conduct additional analysis or speculate on issues not considered in the technical studies (e.g., the capacity of the 13th Street storm drain line to accommodate rerouted stormwater flows). At the Applicant’s request, we attended several unbudgeted meetings, including Construction Management Plan review and Applicant review/input on the proposed mitigation measures. Each of these meetings required preparation time (e.g., materials review, preparation of meeting agendas, etc.) and follow-up communications. Further, the outcomes of these meetings often resulted in substantive changes to the EIR (e.g., construction parking and access as well as inclusion of the ground freezing dewatering system, both of which required extensive revisions to analysis throughout the EIR). Scope of EIR Analysis While comments from the City were often provided in consolidated files, comments provided by a variety of staff often required resolution or follow-up discussion (e.g., aesthetics and visual resources, greenhouse gas emissions, etc.). As described in our proposal, Amec Foster Wheeler assumed the preparation of the Administrative Draft EIR (ADEIR), Screencheck Draft EIR, and Public Draft EIR. An additional, separate round of legal sufficiency review was also conducted by the City’s legal counsel prior to the preparation of the Public Draft EIR. The comments provided during this legal sufficiency review were very helpful and strengthened the EIR analysis, but required additional revisions to the EIR (e.g., aesthetics and visual resources). Due to above referenced schedule delays, PLAN Hermosa was adopted before the release of the Draft EIR. This resulted in the need to delete all references to the City’s previous General Plan from completed sections of the ADEIR and to conduct additional policy consistency analysis (e.g., FAR consistency) for all newly adopted policies. The Sea Level Rise Analysis in Hydrology and Water Quality required substantially more effort than originally envisioned due to underdeveloped Applicant team-prepared technical studies as well as inconsistencies in existing documentation. The list of existing historic resources within the City required similar treatment. At the City’s request Amec Foster Wheeler engaged VizF/X to prepare an additional set KVL images, additional photosimulations for proposed mitigation measures, and a shade/shadow analysis. 338 Amec Foster Wheeler Environment & Infrastructure, Inc. 104 W. Anapamu Street, Suite 204A Santa Barbara, California 93101 Tel (805) 962-0992 Fax (805) 966-1706 www.amecfw.com These data, furnished in connection with this proposal, shall not be disclosed outside the City of Hermosa Beach and shall not be duplicated, used, or disclosed in whole or in part for any other purpose than to evaluate the proposal; provided, that if a contract is awarded to this offer or as a result of or in connection with the submission of these data, the City of Hermosa Beach shall have the right to duplicate, use, or disclose the data to the extent provided in the contract. This restriction does not limit the right of the City of Hermosa Beach to use information contained in the data if it is obtained from another source without restriction. The data subject to this restriction are contained in this proposal. Amec Foster Wheeler Delays and Re-Staffing As described in the response to the Applicant’s dated February 13, 2018, due to the overall delay with the application and the Applicant’s key technical studies, preparation and review the ADEIR overlapped with other Amec Foster Wheeler projects that had previously been on wholly separate schedules as well as with City review of other high profile CEQA documents. Due to the need to accelerate schedule to the maximum extent feasible, Amec Foster Wheeler re-staffed many of the impact analyses with more senior technical specialists and/or environmental analysts. Additional review time by Amec Foster Wheeler’s Project Management Team was also required. 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 From:Ken Robertson To:Mayor Jeff Duclos; Councilmember Hany Fangary Cc:Sergio Gonzalez; Nico De Anda-Scaia; Kim Chafin Subject:FW: Strand Pier EIR Date:Tuesday, March 6, 2018 10:18:56 AM Attachments:BolourHermosaLetter_2018-02-13_AE.pdf Mayor and Councilmember Fangary: Attached is an email I just sent out to Mr. Bolour in response to his letter dated February 13 (attached). This should give you sufficient background and information for the meeting tomorrow with Mr. Bolour on the status of the EIR. I can’t stress enough how important it is, to all parties involved, that the City, with its consulting team, releases a complete and thorough EIR that fully informs the decisions makers and the public of the impacts of this critically important and complex project. As you know, the process involves three key decision points ahead that will substantially rely on the analysis and findings in the EIR--decisions to be made by the Planning Commission, City Council, and the Coastal Commission. Also, as a reminder, once the Draft EIR is released (estimated for May) the public will have 60 days to comment on the EIR, and then the City will respond to those comments and prepare a final EIR before the decision makers consider the project entitlements. Ken Ken Robertson Director, Community Development Department City of Hermosa Beach (310) 318-0242 From: Ken Robertson Sent: Tuesday, March 06, 2018 9:58 AM To: Mark Bolour (mark@bolourassociates.com) Cc: Nico De Anda-Scaia; Sergio Gonzalez Subject: Strand Pier EIR Hi Mark: The following is in response to your letter dated February 13, 2018 (attached). I want to assure you that we continue to work diligently with Amec Foster Wheeler (the City’s EIR consultant), and Ed Almanza & Associates, to complete the Draft Environmental Impact Report (EIR) and subsequent publication of the Draft EIR. With the City’s review and approval of the Draft EIR, including City legal counsel review for legal sufficiency, we look forward to publishing the Draft EIR in May 2018. As noted in your letter, the Draft EIR preparation process has extended substantially longer than expected. This is the result of several factors, discussed in further detail below: Application Submittal –The proposed mixed-use hotel development project dates back to July 2013. Amec Foster Wheeler received a Request for Proposal (RFP) on 362 September 4, 2014 and submitted its original proposal on October 1, 2014; however, Amec Foster Wheeler did not enter into contract with the City for the preparation of the EIR until September 24, 2015. This delay was the result of the Applicant’s major project redesign related to the public’s concern over the proposed building’s scale and massing. After Amec Foster Wheeler entered into contract with the City, the Applicant did not provide a draft Application to the City until December 7, 2015. Following receipt of the draft Application, the City and Amec Foster Wheeler expeditiously hosted a project kick-off meeting with the Applicant’s team on December 15, 2015 to discuss the details of the proposed development. However, following the meeting, the Application submittal was determined to be incomplete in a letter from the City dated January 6, 2016. The City did not receive the requested supplemental Application materials from the Applicant until June 7, 2016, approximately 6 months after the initial submittal. These preliminary steps in the planning process – project redesign by the Applicant and subsequent Applicant preparation and submittal of a complete Application – entailed a nearly 3-year delay in project processing, accounting for approximately 75% of the total 4-year delay noted in your letter. While the City and Amec Foster Wheeler had substantial interactions with the Applicant team during this period, the majority of efforts and associated time delays were related directly to Applicant team tasks, not those of the City or EIR team. Project Description – The City and Amec Foster Wheeler received the original Project design drawings as a part of the initial incomplete Application submittal on December 7, 2015. These design drawings were revised to address information that was lacking from the original submittal and were not re-submitted until June 7, 2016. As is typical with an EIR, the City and the EIR team did not commence intensive analysis until a complete Project Description had been agreed upon by the City and the Applicant team. This is necessary to avoid added costs and delays associated with re-completing technical analyses following iterative Project Description revisions during the EIR process. Following preparation and publication of the Final Initial Study (IS) / Notice of Preparation (NOP) on October 27, 2016 – with a scoping period lasting until December 2, 2016 – Amec Foster Wheeler submitted the detailed EIR Project Description for Applicant review on February 10, 2016 and received comments from the Applicant team in March 2016. As such, impact analyses – even for the resource areas that did not require a technical study – could not commence until the Final Project Description was approved by the City in early April 2016. Technical Studies – The City and Amec Foster Wheeler received the draft technical studies from the Applicant in June and July 2017. However, as discussed at length with the Applicant team during a variety of teleconferences and in-person meetings, the Applicant-prepared technical studies lacked critical information necessary to sustain a legally defensible EIR and to support future permitting with the California Coastal Commission. Nevertheless, in an effort to streamline schedule, the City and Amec Foster Wheeler prepared a NOP/IS, taking a conservative approach to addressing resources areas for which technical studies were being prepared and identifying 363 potentially significant impacts to be addressed further in Applicant-prepared technical studies, which would be peer reviewed and incorporated into the Draft EIR. Amec Foster Wheeler and its subconsultants provided peer review of the technical studies and encountered substantial delays in response from the Applicant’s team. For example, Amec Foster Wheeler provided initial comments noting major information gaps in Historic Resources Evaluation on November 10, 2016, but the revised technical study was not provided until January 9, 2017. Shared Parking and Transportation Analysis – Given the Project’s location within the Downtown Core of the City adjacent to Pier Plaza and The Strand, the two most critical resource areas to be considered in this EIR include Recreation and Coastal Access Parking as well as Transportation and Circulation. Amec Foster Wheeler received the draft Shared Parking Study in January 19, 2017 and the draft Traffic Study in February 28, 2017, over a year after the initial Project kick-off meeting. Amec Foster Wheeler and its subconsultant Fehr & Peers provided detailed peer reviews of these studies 6 weeks later in April 17, 2017 and identified a lack of critical supporting data and a number of technical deficiencies. The draft Shared Parking Study for example lacked any data describing existing coastal access parking conditions within the vicinity of the Project site, which required Fehr & Peers to collect this data in August 2017 at the request of the City. Similarly, the draft Traffic Study did not adequately support or defend internal trip capture ratios or provide data associated with Transportation Network Company (TNC) (e.g., Uber, Lyft, etc.) drop-off and pick-up, requiring additional data collection. The revised technical studies were not received until June 28, 2017 and following a second round of peer review was provided by Fehr & Peers on July 17, 2017 additional edits were still required. The Final Traffic Study was not received until July 26, 2017 and the Final Shared Parking Study was not received until July 28, 2017, over 6 months after the original submittals. Completion of the Public Draft EIR: Amec Foster Wheeler’s original schedule described a 5-month timeline between the publication of the Final NOP/IS and the Draft EIR. However, this schedule assumed the completion all technical studies ahead of the preparation of the NOP/IS. The City and Amec Foster Wheeler did not receive complete technical studies until late July 2017. Following receipt of the final technical studies, Amec Foster Wheeler submitted the Administrative Draft EIR to the City 3 months later. Due to the overall delay with the Application and the Applicant’s key technical studies, preparation and review of the Administrative Draft EIR overlapped with other Amec Foster Wheeler projects that had previously been on wholly separate schedules as well as with City review of other high profile CEQA documents. While this EIR is a top priority for the City, the Community Development Department has limited staff resources. Additionally, the City’s legal counsel, who also works for other nearby cities, also have limited review time. This resulted in a more extended Administrative Draft EIR review process than previously anticipated, but one which constitutes less than 25% of the total delays cited in the Applicant’s letter. Communication: The City and Amec Foster Wheeler recognize Applicant’s concerns associated with communication; it should be noted that the City hosted a teleconference with the Applicant on 364 November 2017 to discuss the overall progress on the Draft EIR, upcoming schedule, and the mitigation measures that are anticipated to be included in the Draft EIR. After subsequent communication from the Applicant on December 10, 2017, the City replied in an e-mail providing another schedule update and discussing the possibility of a future meeting or teleconference to preview and discuss the feasibility of the mitigation measures included in the Draft EIR. It should also be noted that the City replied to the Applicant’s letter dated February 13, 2018, in an e-mail that was sent on February 14, 2018. Cost: Regarding the costs incurred to date, the total budget associated with Task 1 – Project Kick-off & Preliminary Work, Task 2 – Notice of Preparation, and Task 3 – Draft EIR was $201,033.60. The City’s accounting showing costs incurred of $162,000 represent 80% of these task budgets, which is consistent with Amec Foster Wheeler’s overall proposal given that the preparation of the Administrative Draft EIR is generally the most time intensive task associated with preparation of an EIR. Upcoming Schedule: The City and Amec Foster Wheeler recognize the Applicant’s concerns regarding the schedule for the proposed project. We also appreciate that while the majority of the delays were related to the Applicant’s major project redesign, delays with the Application and key Applicant-prepared technical studies, and the Applicant’s changes to their Project Description, the City and Amec Foster Wheeler have also encountered delays during review of the Administrative Draft EIR and publication of the Draft EIR. The City and the EIR team are committed to expediting review and approval of the Screencheck EIR. With the City’s review and approval of the Screencheck Draft EIR, including City legal counsel review for legal sufficiency, we look forward to publishing the Draft EIR in May 2018. Ken Ken Robertson Director, Community Development DepartmentCity of Hermosa Beach(310) 318-0242 365 February 13, 2018 Dear Hany, Our hotel development (“the Project”) has a long history, dating back to July 2013 when we purchased the above-referenced property with the intent of developing a new catalyst hotel project in the City of Hermosa Beach (“the City”). Upon acquisition of the site, we proceeded to develop plans for a 111-guest room hotel project with approximately 7,500 square feet of retail and restaurant uses. We initially filed entitlement applications for this initial version with the City in August 2014. Prior to, and for a calendar year after filing, our team conducted a series of public community workshops to vet the Project. We submitted the information gathered from these workshops to the City. This initial outreach effort culminated with a presentation to the City Council in July 2015. At the specific request of the City Council, and at a significant cost, we redesigned the Project to reduce the guest room count to 100, reduce the building height to comply with the maximum 30-foot height limit in downtown, add on-site subterranean parking, eliminate hotel rooms at the ground floor, and provide public uses and amenities exceeding 20,000 square feet on the entirety of the ground floor. In order to accommodate the additional uses requested by the City Council, we acquired an additional parcel of land located at 20-31 13th Street that was previously not part of the Project site. Given the limited options, we were forced to pay an above-market price for this additional parcel. However, this land has allowed us to create a project that is even more consistent with the Plan Hermosa goals for a catalyst project at this site and offers additional substantial community benefits in the form of adjacent public improvements and infrastructure. As a result, there has been widespread public support for the Project in the community. On October 6, 2015, we entered into an Agreement with the City for Reimbursement of Costs of Preparation and Processing of an EIR Including Planning Services Associated with the Project (the “Agreement”). This Agreement required us to deposit funds with the City for preparation of the EIR, and required the City to hire a third-party planner to assist City Staff with review and publication of the EIR and processing of the various land use approvals (the “Approvals”). Following execution of the Agreement, our team filed a comprehensive application for the Approvals and prepared required technical studies for the EIR. The City then retained the firm of AMEC Foster Wheeler (“AMEC”) to prepare the EIR, based upon their proposal dated 366 August 5, 2015. This proposal included a detailed schedule of performance for preparation and publication of the EIR that included an approximate five-month timeframe from the release of the Initial Study/Notice of Preparation (“NOP”) to prepare and publish the Draft EIR for public circulation. The City released the NOP on October 24, 2016. Following release of the NOP, our team completed the required technical studies to support the EIR and delivered these studies to City staff between February and May 2017. City Staff deemed each of these reports complete on or before May 11, 2017. AMEC requested that we provide additional traffic and parking studies in April 2017. Our team met with AMEC and their traffic consultant, Fehr & Peers, on several occasions to ensure the scopes of these reports were adequate for inclusion in the EIR. We completed and delivered these reports to the City on July 28, 2017. In or about August 2017, City Staff sent multiple emails stating that the reports were deemed complete and that no further information was required. As noted, AMEC and the City’s detailed timeline for production of the EIR called for the release of the Draft EIR for public review within five months of publication of the NOP, or in or about March 2017. This five-month timeframe included preparation of the Admin Draft EIR and City review of this document within three weeks of receipt. Although the City released the NOP on October 6, 2016, AMEC apparently did not commence preparation of the Admin Draft EIR until much later, as the initial sections were not completed until March 2017, when the entire Draft EIR should have been complete. Through June 2017, AMEC apparently performed substantial work on the Draft EIR, as evidenced by City Staff’s accounting of the fees incurred provided at our request (Despite repeated requests, City Staff has failed to provide a more current accounting.). This accounting shows that City Staff and its consultants incurred over $162,000 for work on the Draft EIR as of June 2017. This amount represents more than 50% of the entire cost of the Draft and Final EIR and related services as set forth in AMEC’s proposal. Based on the agreed upon schedule and the substantial work performed by AMEC, the Draft EIR should have been complete by no later than September 2017, which is consistent with City Staff’s representations throughout 2017. Despite our repeated inquiries as to the status of the Draft EIR, City Staff have gone silent since August 31, 2017, when Staff sent an email stating that “an Administrative Draft of the EIR has not yet been prepared … we anticipate publication of the Draft EIR sometime this fall.” However, the Draft EIR has not been published to date, and we have no idea when it will be. 367 Under the Agreement, the City had responsibility to retain an outside planner to oversee processing of the Project to ensure a streamlined process and to avoid overly burdening City Staff. The City apparently did not hire this planner. This has presumably contributed to the lengthy delays experienced to date. We have been patient and responsive to the City for almost 4 years, responding to every request for additional information, project modifications, technical study updates, community meetings, and meetings with various departments, all at a substantial financial cost to the Project. It has been 4.5 years since we acquired the Project site for development, over 3 years since we first filed the Project’s entitlement applications with the City, and over 2 years since the current Project was deemed complete by City Staff to move forward with environmental review. The Project’s financial feasibility will be in jeopardy if we cannot rely on a schedule for publication of the EIR and ultimately public hearings on the Project. Please feel free to contact me with any questions. Sincerely, Mark Bolour 368 February 13, 2018 Dear Hany, Our hotel development (“the Project”) has a long history, dating back to July 2013 when we purchased the above-referenced property with the intent of developing a new catalyst hotel project in the City of Hermosa Beach (“the City”). Upon acquisition of the site, we proceeded to develop plans for a 111-guest room hotel project with approximately 7,500 square feet of retail and restaurant uses. We initially filed entitlement applications for this initial version with the City in August 2014. Prior to, and for a calendar year after filing, our team conducted a series of public community workshops to vet the Project. We submitted the information gathered from these workshops to the City. This initial outreach effort culminated with a presentation to the City Council in July 2015. At the specific request of the City Council, and at a significant cost, we redesigned the Project to reduce the guest room count to 100, reduce the building height to comply with the maximum 30-foot height limit in downtown, add on-site subterranean parking, eliminate hotel rooms at the ground floor, and provide public uses and amenities exceeding 20,000 square feet on the entirety of the ground floor. In order to accommodate the additional uses requested by the City Council, we acquired an additional parcel of land located at 20-31 13th Street that was previously not part of the Project site. Given the limited options, we were forced to pay an above-market price for this additional parcel. However, this land has allowed us to create a project that is even more consistent with the Plan Hermosa goals for a catalyst project at this site and offers additional substantial community benefits in the form of adjacent public improvements and infrastructure. As a result, there has been widespread public support for the Project in the community. On October 6, 2015, we entered into an Agreement with the City for Reimbursement of Costs of Preparation and Processing of an EIR Including Planning Services Associated with the Project (the “Agreement”). This Agreement required us to deposit funds with the City for preparation of the EIR, and required the City to hire a third-party planner to assist City Staff with review and publication of the EIR and processing of the various land use approvals (the “Approvals”). Following execution of the Agreement, our team filed a comprehensive application for the Approvals and prepared required technical studies for the EIR. The City then retained the firm of AMEC Foster Wheeler (“AMEC”) to prepare the EIR, based upon their proposal dated 369 August 5, 2015. This proposal included a detailed schedule of performance for preparation and publication of the EIR that included an approximate five-month timeframe from the release of the Initial Study/Notice of Preparation (“NOP”) to prepare and publish the Draft EIR for public circulation. The City released the NOP on October 24, 2016. Following release of the NOP, our team completed the required technical studies to support the EIR and delivered these studies to City staff between February and May 2017. City Staff deemed each of these reports complete on or before May 11, 2017. AMEC requested that we provide additional traffic and parking studies in April 2017. Our team met with AMEC and their traffic consultant, Fehr & Peers, on several occasions to ensure the scopes of these reports were adequate for inclusion in the EIR. We completed and delivered these reports to the City on July 28, 2017. In or about August 2017, City Staff sent multiple emails stating that the reports were deemed complete and that no further information was required. As noted, AMEC and the City’s detailed timeline for production of the EIR called for the release of the Draft EIR for public review within five months of publication of the NOP, or in or about March 2017. This five-month timeframe included preparation of the Admin Draft EIR and City review of this document within three weeks of receipt. Although the City released the NOP on October 6, 2016, AMEC apparently did not commence preparation of the Admin Draft EIR until much later, as the initial sections were not completed until March 2017, when the entire Draft EIR should have been complete. Through June 2017, AMEC apparently performed substantial work on the Draft EIR, as evidenced by City Staff’s accounting of the fees incurred provided at our request (Despite repeated requests, City Staff has failed to provide a more current accounting.). This accounting shows that City Staff and its consultants incurred over $162,000 for work on the Draft EIR as of June 2017. This amount represents more than 50% of the entire cost of the Draft and Final EIR and related services as set forth in AMEC’s proposal. Based on the agreed upon schedule and the substantial work performed by AMEC, the Draft EIR should have been complete by no later than September 2017, which is consistent with City Staff’s representations throughout 2017. Despite our repeated inquiries as to the status of the Draft EIR, City Staff have gone silent since August 31, 2017, when Staff sent an email stating that “an Administrative Draft of the EIR has not yet been prepared … we anticipate publication of the Draft EIR sometime this fall.” However, the Draft EIR has not been published to date, and we have no idea when it will be. 370 Under the Agreement, the City had responsibility to retain an outside planner to oversee processing of the Project to ensure a streamlined process and to avoid overly burdening City Staff. The City apparently did not hire this planner. This has presumably contributed to the lengthy delays experienced to date. We have been patient and responsive to the City for almost 4 years, responding to every request for additional information, project modifications, technical study updates, community meetings, and meetings with various departments, all at a substantial financial cost to the Project. It has been 4.5 years since we acquired the Project site for development, over 3 years since we first filed the Project’s entitlement applications with the City, and over 2 years since the current Project was deemed complete by City Staff to move forward with environmental review. The Project’s financial feasibility will be in jeopardy if we cannot rely on a schedule for publication of the EIR and ultimately public hearings on the Project. Please feel free to contact me with any questions. Sincerely, Mark Bolour 371 From: Peter Tucker <peter@electpetertucker.com> Sent: Tuesday, November 13, 2018 11:47 AM To: Ann Yang <anny@hermosabch.org> Cc: City Clerk <cityclerk@hermosabch.org>; City Council <citycouncil@hermosabch.org> Subject: FW: Consent Item F Report 18-0681 There is no mention of the resolution voted on in August 29 ,2014 for the Strand & Pier Holding Co project. It would be good if staff and the council would review this video of August 29, 2014 starting at time 3:34 until the end (about two hours). The discussion was very clear that no city property ,zoning, building heights and parking lots deal were to be made unless the City Council had a full hearing on these matters. I can’t find any such meeting to discuss such deals. It has been over four (4) years since this resolution was passed to proceed with an EIR at the developers own risk. Now the developer has come back with taking the Strand ,working around the clock seven day a week and some thinking that the City will abandon Beach Drive and 13th Court. Has the City make a deal for some of these wishes? It might be time to discuss some of these takings by the developer and other City assists before forward with is EIR supplemental The present EIR will diminishing the quality of life for the Hermosa residents during this proposed construction that will last at least 3 years. Peter Tucker Hermosa Beach, Ca. 90254 310-218-7239 “LEAVE ONLY FOOTPRINTS” 372 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0679 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 RESOLUTION ESTABLISHING A PERMIT APPLICATION FEE FOR LIMITED LIVE ENTERTAINMENT (Community Development Director Ken Robertson) Recommended Action: Staff recommends that the City Council adopt the attached resolution establishing a permit application fee for Limited Live Entertainment (LLE). Background: On October 23, 2018, the City Council approved the Planning Commission’s recommendation to adopt an ordinance establishing definitions, standards and procedures for granting an administrative permit for limited live entertainment. The Council also directed that a $250 application fee be established for processing the permits. Analysis: The initial request for a Short-Term Entertainment Permit (STEP) was proposed by a 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 districts. City staff worked closely with THRIVE Hermosa and the Planning Commission to develop definitions, standards and procedures. The City Council subsequently approved the Planning Commission’s recommendation to amend the Hermosa Beach Municipal Code (HBMC) to establish definitions, standards and procedures for granting an administrative permit for what was ultimately named limited live entertainment (LLE) in the C-1, C-2 and C-3 commercial zones. LLE will be an accessory use to the main business, and the operational standards are as follows: 1.Hours: during normal business hours, but no earlier than 8:00 A.M or later than 9:00 P.M. daily. 2.Noise: cannot be audible on the exterior of the business premises and not permitted on outside patios, entries or sidewalks. All exterior doors and windows shall be closed during entertainment. 3.Uses: may include one or two performers/hosts using amplification, playing games, open mic, musical performances, poetry readings or other similar use that is not more objectionable than the listed uses. The Community Development Director is authorized to compare a proposed use and measure it against those listed for determining similarity. 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 City of Hermosa Beach Printed on 11/16/2022Page 1 of 3 powered by Legistar™373 Staff Report REPORT 18-0679 limited live entertainment and/or accommodate a stage for the entertainment, dancing or hosting of an activity or event. 5.Limited live entertainment is an accessory use to the main business. 6.There shall be a maximum of two performers or hosts using amplification. 7.Prizes: any prizes awarded during an activity permitted by a Limited Live Entertainment administrative permit shall be limited to the prize limits stated in Section 5.12.100. 8.Must comply with all other applicable laws and agencies, including but not limited to California Department of Alcoholic Beverage Control and California Bureau of Gambling Control. 9.No organized alcohol drinking games are permitted. 10.Established maximum occupant load of the premises shall apply. 11.Permit may be revoked according to Chapter 17.55.70 of the Municipal Code pertaining to Administrative Permits. 12.Upon permit issuance, advertising of approved entertainment is permitted. Based on the amount of staff time anticipated to process the application,an application fee of $513 would be needed in order to cover the City’s staff time for processing the permits.Although the Planning Commission did not make a formal recommendation because it is outside the Commission’s purview,the consensus was that Council should consider a lower,subsidized fee.The City Council received public comment on the fee amount,and following discussion,unanimously directed staff to report back with a resolution establishing an application fee of $250. Additionally,the Planning Commission directed staff to bring this issue back for review to the Commission 18 months after the program is implemented,at which time the Commission will make a recommendation whether to continue,modify,or terminate the program.Since the ordinance specifies that no permit term shall extend past two years from the effective date of the ordinance,the Planning Commission’s consideration will include the length of permit term. General Plan Consistency: PLAN Hermosa (the City’s combined General Plan and Local Coastal Program)was adopted in August 2017. General Plan policies implemented by adoption of a low-cost LLE include: 1)Governance 1.1 Open meetings.Maintain the community’s trust by holding meetings in which decisions are being made that are open and available for all community members to attend, participate, or view remotely. a)The subject of application fees was discussed during public hearings by the Planning Commission and City Council,where public comment on the subject was taken into consideration. 2)Governance 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. a)The subject of LLE and related application fees was prioritized in order to support local City of Hermosa Beach Printed on 11/16/2022Page 2 of 3 powered by Legistar™374 Staff Report REPORT 18-0679 a)The subject of LLE and related application fees was prioritized in order to support local business by providing an opportunity to strengthen business retention. 3)Governance 2.6 Responsive to community needs.Continue to be responsive to community inquiries providing public information and recording feedback from community interactions. a)A local volunteer advocacy group,THRIVE Hermosa,initiated the discussion which culminated in the creation of an LLE permit and associated low-cost application fees. 4)Governance 2.10 Value and recognize volunteers.As practical,utilize volunteers to assist with community programs and services and seek to utilize the professional/trade skills of volunteers. a)A local volunteer advocacy group,THRIVE Hermosa,initiated the discussion of what culminated in the creation of a LLE permit and associated low-cost application fees,and information THRIVE collected from the business community helped inform the establishment of the new use and permit. 5)Governance 6.1 Long-term economic development.Support the development and implementation of long-term economic development strategies that seek to establish and keep new businesses and a strong middle class in Hermosa Beach over the decades to come. a)An LLE provides a low-cost opportunity that supports local business by providing an opportunity strengthen business retention. Fiscal Impact: The proposed $250 application fee will cover approximately 49% of the City’s anticipated $513 staff costs to process an application. Attachments: 1. Draft Resolution Establishing a Permit Application Fee for Limited Live Entertainment 2. Ordinance 18-1388 - Definitions and Standards for Limited Live Entertainment 3. Link to 10-23-18 City Council Meeting 4. Link to 9-18-18 Planning Commission Meeting 5. Link to 8-21-18 Planning Commission Meeting 6. Link to 6-25-18 Planning Commission Meeting Respectfully Submitted by: Kim Chafin, Planning Manager Concur: Ken Robertson, Community Development Director 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 11/16/2022Page 3 of 3 powered by Legistar™375 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION 18 – XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ESTABLISHING AN APPLICATION PERMIT FEE FOR LIMITED LIVE ENTERTAINMENT; AND TO ADD THIS FEE TO THE MASTER FEE RESOLUTION SECTION 1. Recitals – Limited Live Entertainment Ordinance. 1. Ordinance No. 18-1388 was adopted by the City Council to establish definitions, standards and procedures for granting an administrative permit for a new use referred to as Limited Live Entertainment. 2. Ordinance No. 18-1388 establishes that no permit term shall extend past two (2) years from the effective date of the ordinance. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 2 . That the following application fee be added to the City’s Master Fee Schedule for a Limited Live Entertainment permit: Limited Live Entertainment Application Fee Initial Application $250.00 376 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3 . The above fee shall become effective immediately. PASSED, APPROVED AND ADOPTED this 13th day of November, 2018. ______________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: ________________________________ _______________________________ City Clerk City Attorney 377 1 ORDINANCE NO. _______ AN ORDINANCE REGARDING DEFINITIONS AND STANDARDS FOR LIMITED LIVE ENTERTAINMENT AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the City of Hermosa Beach does ordain as follows: Section 1. Section 17.04.050 of Chapter 17.04 of Title 17 of the Hermosa Beach Municipal Code is amended by adding the following definition: Entertainment, Limited Live. “Limited Live Entertainment” means the provision of live entertainment as defined herein, but only as accessory to an established onsite use during normal business hours for limited periods of time outside of late night hours, provided by a maximum of two performers using amplification at any time, that does not typically generate offsite impacts or contribute to impacts within the commercial district or adjacent residential districts in accordance with operational standards in the commercial zoning districts. Section 2. Section 17.04.050 of Chapter 17.04 of Title 17 of the Hermosa Beach Municipal Code is amended by revising the existing definition as follows: Entertainment, Live. "Live Entertainment" means the provision of live performances including without limitation all forms of music, theatrical or comedic performance, song, dance, or vocal entertainment by use of a disc jockey to select, play and/or announce music or announcer, participated in by one or more employees, guests, customers, or any other person or persons. Acoustic, unamplified, non-percussive background music provided accessory to an established onsite use during normal business hours by a maximum of two persons without advertisement and without charge is excluded. Section 3. Chapter 17.42 General Provisions, Conditions and Exceptional Uses of Title 17 of the Hermosa Beach Municipal Code is amended by adding the following Section 17.42.190. 17.42.190 Entertainment, Limited Live A. Definition 1.Entertainment, Limited Live as defined in Chapter 17.04. . 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 two (2) years from the effective date of this ordinance. 378 2 2.The appeal procedures found in Section 17.55.050 and the revocation procedures found in Section 17.55.70 shall apply to any administrative permit issued for Limited Live Entertainment. C. Standards and Limitations. 1.Hours: During normal business hours but no earlier than 8:00 A.M or later than 9:00 P.M. daily. 2.Noise: Cannot be audible on the exterior of the business premises and not permitted on outside patios, entries or sidewalks. All exterior doors and windows shall be closed during entertainment. 3.Uses: Limited Live Entertainment may include one or two performers/hosts using amplification, playing games, open mic, musical performances, poetry readings or other similar use that is not more objectionable than the listed uses. The Community Development Director is authorized to compare a proposed use and measure it against those listed for determining similarity. 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. 5.Limited live entertainment is an accessory use to the main business. 6.There shall be a maximum of two (2) performers or hosts using amplification. 7.Prizes: Any prizes awarded during an activity permitted by a Limited Live Entertainment administrative permit shall be limited to the prize limits stated in Section 5.12.100. 8.Must comply with all other applicable laws and agencies, including but not limited to California Department of Alcoholic Beverage Control and California Bureau of Gambling Control. 9.No organized alcohol drinking games are permitted. 10. Established maximum occupant load of the premises shall apply. 11. Upon permit issuance, advertising of approved entertainment is permitted. Section 4. Chapter 17.26.030 of Title 17 of the Hermosa Beach Municipal Code is amended by adding Entertainment, Limited Live to the matrix of C-1, C-2 and C-3 land use regulations. USE C1 C2 C3 See Section Entertainment, limited live P P P 17.42.190 Section 5. The proposed amendments to Title 17 of the Hermosa Beach Municipal Code are to allow Limited Live Entertainment. 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. 379 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0675 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 ORDINANCE NO. 18-1388 - “AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING DEFINITIONS AND STANDARDS FOR LIMITED LIVE ENTERTAINMENT AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE” (City Clerk Elaine Doerfling) Recommended Action: The City Clerk recommends that the City Council waive full reading and adopt by title Ordinance No. 18-1388. Background: At the meeting of October 23, 2018, staff presented the draft ordinance for City Council consideration. Following the public hearing, the City Council introduced the ordinance, as presented, by a unanimous vote. Attachments: 1. Ordinance No. 18-1388 Submitted by: Elaine Doerfling, City Clerk Concur: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 11/16/2022Page 1 of 1 powered by Legistar™380 Page 1 of 3 18-1388 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 18-1388 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING DEFINITIONS AND STANDARDS FOR LIMITED LIVE ENTERTAINMENT AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 17.04.050 of Chapter 17.04 of Title 17 of the Hermosa Beach Municipal Code is amended by adding the following definition: Entertainment, Limited Live. “Limited live entertainment”means the provision of live entertainment as defined herein, but only as accessory to an established onsite use during normal business hours for limited periods of time outside of late night hours, provided by a maximum of two performers using amplification at any time, that does not typically generate offsite impacts or contribute to impacts within the commercial district or adjacent residential districts in accordance with operational standards in the commercial zoning districts. SECTION 2. Section 17.04.050 of Chapter 17.04 of Title 17 of the Hermosa Beach Municipal Code is amended by revising the existing definition as follows: Entertainment, Live."Live entertainment"means the provision of live performances including without limitation all forms of music, theatrical or comedic performance, song, dance, or vocal entertainment by use of a disc jockey to select, play and/or announce music or announcer, participated in by one or more employees, guests, customers, or any other person or persons. Acoustic, unamplified, non-percussive background music provided accessory to an established onsite use during normal business hours by a maximum of two persons without advertisement and without charge is excluded. SECTION 3. Chapter 17.42 General Provisions, Conditions and Exceptional Uses of Title 17 of the Hermosa Beach Municipal Code is amended by adding the following Section 17.42.190. 17.42.190 Entertainment, Limited Live A. Definition. 1. Entertainment, Limited Live as defined in Chapter 17.04. B. Administrative Permit required. 381 Page 2 of 3 18-1388 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 two (2) years from the effective date of this Ordinance. 2. The appeal procedures found in Section 17.55.050 and the revocation procedures found in Section 17.55.70 shall apply to any administrative permit issued for Limited Live Entertainment. C. Standards and Limitations. 1. Hours: During normal business hours but no earlier than 8:00 A.M or later than 9:00 P.M. daily. 2. Noise: Cannot be audible on the exterior of the business premises and not permitted on outside patios, entries or sidewalks. All exterior doors and windows shall be closed during entertainment. 3. Uses: Limited Live Entertainment may include one or two performers/hosts using amplification, playing games, open mic, musical performances, poetry readings or other similar use that is not more objectionable than the listed uses. The Community Development Director is authorized to compare a proposed use and measure it against those listed for determining similarity. 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. 5. Limited live entertainment is an accessory use to the main business. 6. There shall be a maximum of two (2) performers or hosts using amplification. 7. Prizes: Any prizes awarded during an activity permitted by a Limited Live Entertainment administrative permit shall be limited to the prize limits stated in Section 5.12.100. 8. Must comply with all other applicable laws and agencies, including but not limited to California Department of Alcoholic Beverage Control and California Bureau of Gambling Control. 9. No organized alcohol drinking games are permitted. 10. Established maximum occupant load of the premises shall apply. 11. Upon permit issuance, advertising of approved entertainment is permitted. 382 Page 3 of 3 18-1388 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. Chapter 17.26.030 of Title 17 of the Hermosa Beach Municipal Code is amended by adding Entertainment, Limited Live to the matrix of C-1, C-2 and C-3 land use regulations. USE C1 C2 C3 See Section Entertainment, limited live P P P 17.42.190 SECTION 5. The proposed amendments to Title 17 of the Hermosa Beach Municipal Code are to allow Limited Live Entertainment. The amendments will not impede the City’s ability to meet its General Plan goals and the amendments are necessary to carry out the purposes of the Zoning Ordinance, including the orderly planned use of land resources. SECTION 6. The City Clerk shall cause this Ordinance to be published in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage. SECTION 7. The City Clerk shall certify to the passage of this Ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 13th day of November, 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST:APPROVED AS TO FORM: ________________________________________________________________________ City Clerk City Attorney 383 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0684 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 CONSIDER AMENDMENT OF THE MUNICIPAL CODE ADDING CHAPTER 5.78 TO THE HERMOSA BEACH MUNICIPAL CODE (TOBACCO RETAILERS) REQUIRING LICENSURE OF TOBACCO RETAILERS AND LIMITING SALE OF ELECTRONIC SMOKING DEVICES AND FLAVORED TOBACCO PRODUCTS TO REDUCE THE ILLEGAL SALE OF TOBACCO TO YOUTH AND AMENDING SECTION 1.10.040 TO MAKE VIOLATIONS OF CHAPTER 5.78 SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES (Continued from meeting of August 25, 2015) (Community Development Director Ken Robertson) Recommended Action: Staff recommends the introduction of an ordinance requiring licensure of tobacco retailers and limiting ale of electronic smoking devices and flavored tobacco products and making violations subject to administrative penalty procedures. Background: On August 25, 2015 <https://hermosabeach.legistar.com/LegislationDetail.aspx? ID=2443423&GUID=F0D130AE-C7A5-4238-A12E-A3949436DB8C>(Attachment 1), City Council considered an ordinance requiring Tobacco Retailer Licenses, but did not adopt an ordinance at that time, requesting it to be modified and brought back to City Council at a later date. On August 23, 2016, City Council adopted an ordinance prohibiting smoking in public places, adding a new definition of electronic smoking device and including electronic smoking devices in the definition of Smoking in the Hermosa Beach Municipal Code. At the July 10, 2018 meeting, City Council requested Tobacco Retailer Licenses be brought back for discussion and consideration. Tobacco Controls in the State of California In California, it is illegal to sell or give tobacco products to anyone under the age of 21 (or 18 if active military). California requires a business selling tobacco to obtain a $265 state tobacco retailer license, although state tobacco laws are primarily enforced by local police. City of Hermosa Beach Printed on 11/16/2022Page 1 of 6 powered by Legistar™384 Staff Report REPORT 18-0684 Tobacco Retailing in the City of Hermosa Beach Tobacco retailing in the City reflects that of the wider State of California with sales in liquor stores, supermarkets, gas stations, convenience stores and smoke shops. The City currently has 15 retailers that sell tobacco products including cigarettes, cigars, cigarillos/little cigars and electronic nicotine delivery devices such as electronic cigarettes. A map of tobacco retailers in the City is included with this report as Attachment 3. The Hermosa Beach Police Department is currently seeking a grant to help reduce sales of tobacco to youth, which would provide funding for enforcement specifically for this purpose. Tobacco retailers in the City are cited by the Police Department if found to be selling tobacco to underage consumers. Local retailers also work with police to report underage consumers using fraudulent identifications. While the City has enacted rules prohibiting smoking in public places, it was given a grade "D" in the American Lung Association "State of Tobacco Control 2018" report card for efforts to combat the harmful effects of tobacco use in the City. One of the grading criteria is the requirement of Tobacco Retailer Licenses. Tobacco Use by Youth Reducing availability of tobacco to youth is a matter of public health. According to the 2017-1018 California Healthy Kids Survey, among Beach Cities’ 11th graders, 3% self reported as being current cigarette smokers and 28% report being current e-cigarette users. More than 60% said that it was easy for them to obtain cigarettes if they wanted them, where 84% said it was easy to obtain e- cigarettes. The U.S. Surgeon General reports that studies show individuals who begin smoking at a younger age are more likely to develop a more severe addiction to nicotine than those who start later. Both the U.S. Food and Drug Administration and the Surgeon General warn that flavored tobacco products help new users establish habits that can lead to long-term addiction. In addition to e-cigarettes, flavored cigarillos and little cigars are popular with youth. According to a recent University of Michigan study, cigarillo and little cigar use increases teen smoking rates by half, and that more than 87% of adolescents who used cigarillos and little cigars in the past 30 days used flavored products. Tobacco Retailer Licenses The Beach Cities Health District, Los Angeles County Public Health Department and American Lung Association recommend local jurisdictions require Tobacco Retailer Licenses to assist with tobacco law compliance, particularly prohibiting the sale of tobacco products to youth. Currently, over 140 California jurisdictions, including 44 Los Angeles County jurisdictions, have passed Tobacco Retailer License requirements. In the Beach Cities area, Manhattan Beach enacted a Tobacco Retailer License in 2015 and Redondo Beach is currently considering a Tobacco Retailer License. A list of Los City of Hermosa Beach Printed on 11/16/2022Page 2 of 6 powered by Legistar™385 Staff Report REPORT 18-0684 Angeles jurisdictions requiring Tobacco Retailer Licenses is included with this report as Attachment 4. Many provisions can be included in a Tobacco Retailer License to prevent youth access to tobacco products, including: ·Regulating the location of retailers and their proximity to youth-populated areas such as schools, parks and youth centers. ·Limiting sales of flavored tobacco products and electronic smoking devices to only smoke shops where unaccompanied minors are not allowed to enter. ·Limiting cigarillos and little cigars to within packages only and not individual sales. ·Banning self-service displays. ·Banning tobacco sales in pharmacies and restaurants. One component of a Tobacco Retailer License is limiting tobacco sales within proximity of schools, parks, library and community centers. In a small city such as Hermosa Beach, the typical 500-feet radius restriction, if not allowed to remain (or "grandfathered"), would affect some established businesses; eight of the 15 tobacco-selling businesses are within 500-feet of parks and schools. It should be noted that many adults buy cigarettes when shopping at the grocery store or purchasing gas. If cigarettes are no longer permitted to be sold, these customers would support grocery stores or gas stations elsewhere, resulting in the loss of more than tobacco sales to the businesses and overall sales within the City. For this reason, it is proposed that existing legally operating businesses selling tobacco products be permitted to continue with the proposed annual Tobacco Retailer Licenses and businesses which are sold can be issued licenses, but that no new licenses may be issued within 500 -feet of schools, parks, library and youth centers. Some cities' ordinances require a minimum distance between tobacco retailers, such as 1,500 feet. Due to the limited commercial areas in the City and existing business proximities, there is no proposal for minimum distances between tobacco retailers in the ordinance. Tobacco retailers in the City are located on four streets: Pacific Coast Highway (6), Pier Avenue (4), Hermosa Avenue (3), and Manhattan Avenue (2). Another method of reducing sales to youth is to prohibit sales of individual small cigars and cigarillos, which are available in multiple-count packages much like cigarettes. By requiring small cigars and cigarillos to be sold by the pack only, it reduces the access to younger consumers who tend to have limited spending money. The banning of flavored tobacco products is an effective deterrent to youth tobacco use, since many of the flavored products are marketed to young people with sweet flavors and colorful packaging. A ban of flavored tobacco products goes beyond the standard ordinance for Tobacco Retailer Licenses, City of Hermosa Beach Printed on 11/16/2022Page 3 of 6 powered by Legistar™386 Staff Report REPORT 18-0684 but specifically reduces products most attractive to youth and is expected to positively affect public health of younger residents who could become lifelong tobacco users. The ban of flavored tobacco products does not include smoke shops which do not allow unaccompanied minors to enter. The City of Manhattan Beach banned flavored tobacco as part of its 2015 Tobacco Retailer License Ordinance. Similar to that ordinance, the ban of flavored tobacco is proposed to specifically exclude menthol cigarettes. Electronic smoking devices are popular among youth for "vaping." These devices can be disguised as pens, USB devices or other non-tobacco related items, and are popular for use of flavored tobacco products. Similar to the sales of flavored tobacco products, the proposed ordinance limits sales of electronic smoking devices to smoke shops which do not allow unaccompanied minors to enter. State law prohibits self-service displays of tobacco and allows vending machines only in restaurants. The proposed ordinance does not allow tobacco sales in restaurants. This does not affect any current retailers in the City. The proposed ordinance bans tobacco sales in pharmacies. Currently there are two pharmacies in the City, both of which are CVS Pharmacies. CVS has a corporate policy not to sell tobacco in its pharmacies. Though no existing businesses would be affected by a ban in pharmacies, the proposed ordinance would not allow any future pharmacies to sell tobacco products. Public Comment and City Council Comment Several public and Council concerns have been integrated into the proposed ordinance from the 2015 ordinance consideration. Comments from the public include merchant concerns regarding continuation of tobacco sales with change in ownership and opposition to minimum pricing for individual cigars. Both of these issues have been addressed in the proposed ordinance. One merchant stated concern that the Tobacco Retailer Permit would be a business hardship. Comments from the Council include: the proposed 16-page ordinance was too complicated, that the then-proposed minimum cigar pricing was not appropriate, that Pier Plaza enforcement was a higher priority, and the request for more information regarding state licensing. These matters have been modified in the proposed 11-page ordinance and this report. The August 25, 2015 City Council meeting video and merchant letters received can be reviewed from the link listed above in the Background section. A courtesy public notice was mailed to tobacco retailers in the City regarding the current consideration of a Tobacco Retailers License. City of Hermosa Beach Printed on 11/16/2022Page 4 of 6 powered by Legistar™387 Staff Report REPORT 18-0684 Fee: The license fee is intended to cover enforcement activities and administration. In Los Angeles County, the fees range from $50 - $500. Penalties can range from fines to suspensions or revocation of license after multiple violations. The proposed annual fee to offset city administration costs by Finance, Community Development and Police departments is an initial fee of $404 and annual renewal fee of $344. Analysis: The proposed draft ordinance would do the following: ·Add Chapter 5.78 "Tobacco Retailers" to the Business License section of the City's Code. It would require retailers to obtain a license, similar to a business license, in order to sell tobacco products to consumers. The license would need to be renewed annually, and an annual license fee would be levied to fund administration and enforcement. An application would be filed with the City's Finance Department. Similar to business licenses, Finance would issue licenses after review and approval by Community Development for location requirements. ·Add tobacco retailer limitations, including prohibitions on issuing licenses to pharmacies, restaurants and bars, and for new business locations near schools, parks, library and youth centers. The ordinance would make retailers accountable through fines, penalties, and license suspension or revocation. Violations would be subject to the City's Administrative Citations and Penalties (Chapter 1.10). The Chief of Police or other individual designated by the City Manager would be responsible for compliance monitoring. In addition, the license may be revoked or suspended if any law pertaining to sale of cigarettes or tobacco to youth is violated. The ordinance includes tobacco regulations so that violation of any existing local, State Department of Public Health or Federal U.S. Food and Drug Administration tobacco laws would constitute a violation of the local law, helping to reduce the threat to the public health, safety, and welfare of Hermosa Beach residents. General Plan Consistency: Tobacco Retailer Licensing is consistent with the following PLAN Hermosa goals: Government Goal 7.3 - Integrate health, livability and sustainability principles when adopting new policies and periodically review and evaluate adopted policies for their impact or opportunity to improve health, livability and sustainability. Sustainability & Conservation Goal 3.6 - Healthy Air Hermosa. Maintain high quality outdoor and public spaces in Hermosa Beach through the Healthy Air Hermosa program or subsequent programs City of Hermosa Beach Printed on 11/16/2022Page 5 of 6 powered by Legistar™388 Staff Report REPORT 18-0684 which aim to reduce cigarette smoke. Conclusion: Tobacco Retailer Licenses are considered as Best Practices to reduce tobacco sales to youth. Consideration of Tobacco Retailer Licensing is the next step in the City's efforts to promote clean air in Hermosa Beach. Retailer limits and increased enforcement tools would help reduce tobacco sales to Hermosa Beach youth. If adopted, a fee resolution will be included with the second reading of the ordinance at a future City Council meeting. Fiscal Impact: The proposed annual fee to offset city administration costs by Finance, Community Development and Police departments is an initial fee of $404 and annual renewal fee of $344. The anticipated annual revenues are $6,060 from initial fees and $5,160 from renewal fees. Attachments: 1.Link to August 25, 2015 Staff Report 2.Proposed Ordinance 3.City of Hermosa Beach Tobacco Retailer Map 4.City List of Los Angeles County Cities with Tobacco Retailer Licenses Respectfully Submitted by: Christy Teague, Senior Planner Concur: Ken Robertson, Community Development Director Approved:Suja Lowenthal, City Manager City of Hermosa Beach Printed on 11/16/2022Page 6 of 6 powered by Legistar™389 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF HERMOSA BEACH ADDING CHAPTER 5.78 TO THE HERMOSA BEACH MUNICIPAL CODE (TOBACCO RETAILERS) REQUIRING LICENSURE OF TOBACCO RETAILERS AND LIMITING SALE OF ELECTRONIC SMOKING DEVICES AND FLAVORED TOBACCO PRODUCTS TO REDUCE THE ILLEGAL SALE OF TOBACCO TO YOUTH AND AMENDING SECTION 1.10.040 TO MAKE VIOLATIONS OF CHAPTER 5.78 SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES The City Council of the City of Hermosa Beach does hereby ordain as follows: Section 1. A new Chapter 5.78, entitled “Tobacco Retailers” and containing Sections 5.78.010 through 5.78.150, is added to Title 5 of the Hermosa Beach Municipal Code (the “Code”) to read as follows: Chapter 5.78 TOBACCO RETAILERS Sections: 5.78.010 Title 5.78.020 Purpose 5.78.030 Definitions 5.78.040 Tobacco Retailer license required 5.78.050 Limits on eligibility and location 5.78.060 License application procedure 5.78.070 Issuance of Tobacco Retailer license 5.78.080 Term and renewal 5.78.090 License nontransferable 5.78.100 Operating requirements and prohibitions 5.78.110 Compliance monitoring and enforcement 5.78.120 Violations 5.78.130 Tobacco Retailing Without a Valid License 5.78.140 New license after revocation 5.78.150 Implementing rules and regulations 5.78.010 Title. This Chapter shall be known as the “Tobacco Retailer Ordinance” of the City of Hermosa Beach. 390 Ordinance No. ___ Page 2 of 12 ________________ 5.78.020 Purpose. In enacting this Chapter, it is the intent of the City Council to encourage responsible Tobacco Retailing and to discourage violations of tobacco-related laws, especially those involving the sale or distribution of tobacco and nicotine products to youth. 5.78.030 Definitions. The following words and phrases, whenever used in this Chapter, shall have the meanings defined in this section unless the context clearly requires otherwise: “Arm’s Length Transaction” means a Sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A Sale between relatives, related companies or partners, or a Sale for which a significant purpose is avoiding the effect of the violations of this Chapter is not an Arm’s Length Transaction. “Consumer” means a person who purchases a Tobacco Product for consumption and not for Sale to another. “Electronic Smoking Device” means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such device, whether or not sold separately. This definition includes any such device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor, including any component, part or accessory of such device, whether or not sold deparate ly. “Electronic Smoking Device” does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease, where such product is marketed and sold solely for such an approved purpose. “Enforcement Official” means any member of the Hermosa Beach Code Enforcement Department, the Hermosa Beach Police Department, the Alcohol Beverage Control Department, and the Los Angeles County Sheriff’s Department, or their designees. “Flavored Tobacco Product” means a Tobacco Product containing an additive with an artificial or natural flavor or an herb or spice, including but not limited to a characterizing flavor such as strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee. A public statement or claim made or disseminated by the manufacturer of a Tobacco Product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such Tobacco Product, that such Tobacco Product has or produces such a characterizing flavor shall constitute presumptive evidence that the Tobacco Product is a Flavored Tobacco Product. “Little Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three 391 Ordinance No. ___ Page 3 of 12 ________________ pounds per thousand. “Little Cigar” includes, but is not limited to, any Tobacco Product known or labeled as “small cigar” or “little cigar.” “Package” means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a Tobacco Product is sold or offered for Sale to a Consumer. “Person” means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character. “Pharmacy” means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for Sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals. “Sale” means any transfer, exchange, barte r, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever. “Self-Service Display” means the open display or storage of Tobacco Products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct Person-to-Person transfer between the purchaser and the retailer or retailer’s agent or employee. A vending machine is a form of Self-Service Display. “Smoking” means the combustion, electrical ignition or vaporization and/or inhaling, exhaling, burning or carrying any lighted, heated or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device, or any plant product intended for human inhalation that facilitates the release of gases, particles, or vapors into the air. “Tobacco Paraphernalia” means any item designed for the consumption, use, or preparation of Tobacco Products. “Tobacco Product” means: (1) Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus; and (2) Any Electronic Smoking Device, with or without nicotine. (3) Notwithstanding any provision of subsections (1), (2) and (3) to the contrary, “Tobacco Product” includes any component, part, or accessory of a Tobacco Product, whether or not sold separately. “Tobacco Product” does not include any product that has been approved by the United States Food and Drug 392 Ordinance No. ___ Page 4 of 12 ________________ Administration for Sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. “Tobacco Retailer” means any Person who sells, offers for Sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products or Tobacco Paraphernalia. “Tobacco Retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for Sale, exchanged, or offered for exchange. 5.78.040 Tobacco Retailer license required. It shall be unlawful for any Person to engage in Tobacco Retailing in the City without first obtaining and maintaining a valid Tobacco Retailer license pursuant to the provisions of this Chapter for each location at which that activity is to occur. 5.78.050 Limits on eligibility and location. A. No license may be issued under this Chapter to authorize Tobacco Retailing at other than a fixed location, such as on foot or from vehicles. B. No license may be issued under this Chapter to authorize Tobacco Retailing at a temporary or recurring temporary event, such as farmers’ markets, special events, or mobile carts. C. No license may be issued under this Chapter to authorize Tobacco Retailing at any location that violates any provision of the Hermosa Beach zoning ordinance. D. Pharmacies. No license may be issued to authorize Tobacco Retailing in a Pharmacy. E. Schools and Youth-Populated Areas. Tobacco Retailing is prohibited near schools and areas with youth populations as follows: (1) No license may issue to authorize Tobacco Retailing within 500 feet of a Youth- Populated Area as measured by a straight line from the nearest point of the property line of the parcel on which the Youth-Populated Area is located to the nearest point of the property line of the parcel on which the applicant’s business is located. For the purposes of this subsection, a “Youth-Populated Area” means a parcel in the City that is occupied by: (i) a private or public kindergarten, elementary, middle, junior high, or high school; (ii) a library open to the public; 393 Ordinance No. ___ Page 5 of 12 ________________ (iii) a playground or sandbox area open to the public, as defined by California Health & Safety Code § 104495; (iv) a youth center, defined as a facility where children, ages 6 to 17, inclusive, come together for programs and activities. F. Premises Furnishing Alcohol and/or Food for On-Site Consumption. No license may issue to authorize Tobacco Retailing at any location that is (i) licensed under state law to serve alcoholic beverages for consumption on the premises (e.g., an “on -Sale” license issued by the California Department of Alcoholic Beverage Control); or (ii) offering food for Sale for consumption on the premises. G. Notwithstanding the foregoing, a Tobacco Retailer operating lawfully on the effective date of this ordinance that otherwise would be eligible for a Tobacco Retailer license for the location for which a license is sought may receive or renew a license for that location so long as: (i) the license is timely obtained and is renewed without lapse or permanent revocation (as opposed to temporary suspension); (ii) the Tobacco Retailer is not closed for business or otherwise suspends Tobacco Retailing for more than sixty (60) consecutive days; (iii) the Tobacco Retailer does not substantially change the business premises or business operation; and (iv) the Tobacco Retailer retains the right to operate under other applicable laws, including without limitation the zoning ordinance, building codes and business license tax ordinance. 5.78.060 License application procedure. A. Any Person seeking a license pursuant to this Chapter shall submit a completed application, on a City-approved form, to the Finance Department. B. The application for a license under this Chapter shall be submitted in the name of each and every business owner proposing to conduct retail tobacco Sales for each location at which retail tobacco Sales are being proposed and shall be signed by each business owner or an authorized agent thereof. C. Said application shall contain the following information: 1. The name, address, and telephone number of each business owner seeking a license. 2. The business name, address, and telephone number of the single, fixed location for which a license is sought. 3. A single name and mailing address of an agent authorized by each business owner to receive all communications and notices required by, authorized by, or convenient to the enforcement of this Chapter. If an authorized agent is not supplied, each business owner shall be understood to consent to the provision of notice at the business address specified in subparagraph 2 above. 394 Ordinance No. ___ Page 6 of 12 ________________ 4. Proof that the location for which a Tobacco Retailer license is sought has been issued a valid state Tobacco Retailer’s license by the California Department of Tax and Fee Administration if required for the business. 5. Whether any business owner or any agent of the business owner was previously issued a license pursuant to this Chapter which was at any time suspended or revoked, and, if so, the dates of the suspension period or the date of the revocation. 6. Whether any business owner or any agent of the business owner has been determined to have violated any provision of this Chapter or any State or Federal tobacco-related law, and, if so, the dates of all such violations within the preceding five (5) years. 7. Such other information as the Finance Department deems necessary for the administration or enforcement of this Chapter as specified on the application form required by this Chapter. D. The City Council may establish by resolution the amount of an applicatio n fee for the Tobacco Retailer license in an amount not to exceed the City’s reasonable cost of providing the services required by this Chapter, in which case the City shall accept no application unless accompanied by payment of such fee. E. An applicant or agent thereof shall inform the Finance Department in writing of any change in the information submitted on an application for a Tobacco Retailer registration within ten (10) business days of a change. 5.78.070 Issuance of Tobacco Retailer license. A. Upon the receipt of a completed application for a Tobacco Retailer license and the corresponding application fee, if any, the Finance Department, with consultation of Community Development Department for location requirements, shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exists: 1. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this Chapter. 2. The application seeks authorization for Tobacco Retailing at a location prohibited by Section 5.78.050 of this Chapter. 3. The applicant has had a license issued pursuant to this Chapter revoked within the preceding twelve (12) months. 4. The application seeks authorization for Tobacco Retailing that is otherwise prohibited pursuant to this Chapter, that is unlawful pursuant to this Code 395 Ordinance No. ___ Page 7 of 12 ________________ (including without limitation the Hermosa Beach zoning ordinance and business license regulations), or that is unlawful pursuant to any other law. 5. The applicant is indebted to the City for any unpaid fee or fine. B. Any applicant aggrieved by a decision denying a license pursuant to this Chapter may contest the decision by appealing the decision to the City Council by filing with the City Manager a written notice of appeal within ten (10) business days of the date of receipt of the license denial. Upon receipt of a timely, written request for an appeal, the City Clerk shall set a hearing to occur within forty-five (45) days before the Council or its designated hearing officer and shall provide written notice of same by first claim mail to the appellant. The City Council shall sustain or overrule with conditions, the denial or intended revocation upon written findings within thirty (30) days of the conclusion of the hearing. 5.78.080 Term and renewal. A. A Tobacco Retailer license issued pursuant to this Chapter shall be valid for one (1) year after the date of issuance, unless it is revoked earlier in accordance with the provisions of this Chapter. The expiration date of each Tobacco Retailer license shall be shown on the license itself and each Tobacco Retailer license shall expire at midnight on the expiration date. B. Each Tobacco Retailer who seeks to renew a license issued pursuant to this Chapter shall submit a renewal application on a City-approved form and tender any applicable fees to the Finance Department no later than thirty (30) calendar days prior to the expiration of the license. Any license issued pursuant to this Chapter that is not timely renewed shall expire and become null and void at the end of its term. C. An application to renew a license issued pursuant to this Chapter may be denied by the Finance Department upon the grounds set forth in Section 5.78.070 of this Chapter. 5.78.090 License nontransferable. A. No Person shall operate under a name, or conduct business under a designation not specified on the license. B. A license issued pursuant to this Chapter may not be transferred from one Person to another or from one location to another. A change in business owner, business name, or location shall render the license null and void, and shall require a new license to be obtained in accordance with the provisions of this Chapter. 5.78.100 Operating requirements. The following operating requirements shall be deemed conditions of any Tobacco Retailer license issued pursuant to the provisions of this Chapter, and failure to comply with any such requirement shall be grounds for suspension, revocation, and/or the imposition of administrative fines in accordance with Section 5.7 8.120 of this Chapter. 396 Ordinance No. ___ Page 8 of 12 ________________ A. Posting of license. Each license issued pursuant to this Chapter shall be prominently displayed in a publicly visible location at the permitted location. B. Retail Sales to Persons under twenty one prohibited. No Person engaged in Tobacco Retailing shall sell or offer to sell, give or offer to give, or transfer or offer to transfer any Tobacco Product to any Person who is under the legal age under state law to purchase and possess Tobacco Products, which is age twenty-one (or eighteen if active military). C. Positive identification required. No Tobacco Retailer shall sell or transfer a Tobacco Product to any Person who appears to be under the age of thirty (30) years old without first examining the identification of that Person to confirm that Person is at least the minimum age under state law to purchase and possess the product. The Tobacco Retailer or agent thereof shall refuse the Sale or transfer of any Tobacco Product to any Person who appears to be under the age of thirty (30) years old, who fails to pr esent valid, legal photo identification prior to the Sale or transfer. D. Minimum age for Persons selling tobacco. No Person who is younger than twenty- one shall engage in Tobacco Retailing. E. Self-Service Displays prohibited. Tobacco Retailing by means of a self-service display is prohibited. F. Electronic Smoking Device. No retailer shall sell an Electronic Smoking Device or any product used in an Electronic Smoking Device. The prohibition in the preceding sentence shall not apply to a retailer that permits only patrons 21 years of age or older , or active duty military personnel who are eighteen (18) years of age or older, to enter the location where the Tobacco Product is sold. G. Flavored Tobacco Products. No retailer shall sell Flavored Tobacco Products. The prohibition in the preceding sentence shall not apply to a retailer that permits only patrons twenty-one (21) years of age or older, or active duty military personnel who are eighteen (18) years of age or older, to enter the location where the tobacco product is sold. H. Packaging and Labeling. No Tobacco Retailer shall Sell any Tobacco Product to any Consumer unless such product: (1) is sold in the original manufacturer’s Packaging intended for Sale to Consumers; and (2) conforms to all applicable federal labeling requirements. I. Minimum Package Size for Little Cigars. No Tobacco Retailer shall Sell to a Consumer any Little Cigar unless it is sold in a Package of at least twenty Little Cigars. J. False and misleading advertising prohibited. A Tobacco Retailer who does not have a valid license pursuant to this Chapter or whose license has been suspended or revoked shall not display any item or advertisement relating to Tobacco Products that promotes 397 Ordinance No. ___ Page 9 of 12 ________________ the Sale or distribution of such products from the premises or that could lead a reasonable Consumer to believe that tobacco products can be obtained at that location. Such display or advertisement in violation of this provision shall constitute Tobacco Retailing without a valid license. 5.78.110 Compliance monitoring and enforcement. A. Compliance checks shall be conducted so as to allow Enforcement Officials to determine, at a minimum, if a Tobacco Retailer is complying with laws regulating youth access to tobacco. The Chief of Police may also conduct compliance checks to determine compliance with other laws applicable to Tobacco Retailing. B. During business hours, Enforcement Officials shall have the right to enter any place of business for which a license is required by this Chapter for the purpose of making reasonable inspections to observe and enforce compliance with the provisions of this Chapter and any other applicable regulations, laws, and statu tes. C. The Hermosa Beach Police Department (or designee thereof) may promulgate and adopt policies, procedures and/or guidelines for the participation of Persons under the minimum legal age for tobacco purchases in compliance checks pursuant to this Chapter (“Youth Decoys”). D. Enforcement Officials shall inspect each Tobacco Retailer at least one (1) time per every twelve (12) month period. Nothing in this paragraph shall create a right of action in any licensee or other Person against the City or its agents. 5.78.120 Violations. A. Administrative fine. In addition to any other penalty authorized by law, violations of this Chapter are subject to the administrative citations and penalties provisions in Title 1, Chapter 1.10 of this Code. B. Suspension or revocation. 1. In addition to any other penalty authorized by law, a Tobacco Retailer’s license shall be suspended or revoked if the City finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportun ity to be heard, if it is determined that any of the following has occurred: a. The licensee or his/her agent or employee has violated any provision of this Chapter; b. The licensee or his/her agent or employee has continued to operate as a Tobacco Retailer after a license issued pursuant to this Chapter has been suspended; or c. The retailer violates any provision of this Chapter twice within any thirty- 398 Ordinance No. ___ Page 10 of 12 ________________ six (36) month period. 2. Notwithstanding the foregoing, a license may be revoked if it is determined that one or more grounds for denial of a license under Section 5.7 8.070 of this Chapter existed at the time the application was made or at any time before the license was issued. No administrative fine shall accompany a revocation of a wrongly issued license. 3. Any applicant aggrieved by a decision revoking or suspending a license pursuant to this Chapter may contest the decision in the same manner as a challenge of an administrative citation, pursuant to the procedure set forth in Section 5.78.070(B). 5.78.130 Tobacco Retailing Without a Valid License. In addition to any other penalty authorized by law, if the City based on a preponderance of evidence, after notice and an opportunity to be heard, that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer’s license, either directly or through the Person’s agents or employees, the Person shall be ineligible to apply for, or to be issued, a Tobacco Retailer’s license as follows: 1. After a first violation of this section at a location, no new license may be issued for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until thirty (30) days have passed from the date of the violation. 2. After a second violation of this section at a location within any thirty-six (36) month period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until ninety (90) days have passed from the date of the violation. 3. After of a third or subsequent violation of this section at a location within any thirty-six (36) month period, no new license may be issued for the Person or the location (unless ownership of the business at the location has been transferred in an Arm’s Length Transaction), until three (3) years have passed from the date of the violation. 5.78.140 New license after revocation. Notwithstanding any other provision of this Chapter, no Tobacco Retailer’s license shall be issued to a Tobacco Retailer (or business owner thereof) whose license has previously been revoked pursuant to this Chapter for a period of twelve (12) months from the date of the prior revocation, unless ownership of the busine ss at the location has been transferred in an Arm’s Length Transaction. 399 Ordinance No. ___ Page 11 of 12 ________________ 5.78.150 Implementing rules and regulations. The City Manager is hereby authorized to make and promulgate any rules and regulations necessary to implement the requirements of this Chapter. The rules and regulations shall be in addition to the requirements set forth in this Chapter. In the event of a conflict between a provision set forth in this Chapter and a rule or regulation promulgated by the City Manager pursuant to this section, the more stringent or restrictive requirement or condition shall apply. Section 2. Administrative Citations and Penalties. Section 1.10.040 of Chapter 1.10 of Title 1 the HBMC is hereby amended to add subparagraph (A)(19) to read as follows: “19. Chapter 5.78: Tobacco Retailer License” Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any Person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other Person or circumstance. The City Council of the City of Hermosa Beach hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 5. Effective Date. This ordinance shall take effect thirty days after its passage and adoption pursuant to California Government Code section 36937. Section 6. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Hermosa Beach’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. PASSED, APPROVED and ADOPTED this ____ day of _____________ 2018. VOTE: AYES: NOES: ABSTAIN: ABSENT: ______________________________________________________________ MAYOR of the City of Hermosa Beach, California ATTEST: APPROVED AS TO FORM: 400 Ordinance No. ___ Page 12 of 12 ________________ __________________________ City Clerk City Attorney 401 0 0.25 0.50.125 Miles 0 1,000 2,000500 Feet CITY OF HERMOSA BEACH Sources: 2018 TIGER/Line Shapeles, Los Angeles County Boundaries, California Department of Tax and Fee Administration. Prepared by the Los Angeles County Department of Public Health, Division of Chronic Disease & Injury Prevention, Tobacco Control & Prevention Program, November 2018. TOBACCO PROXIMITY TO YOUTH-SENSITIVE RETAILERS’ AREAS Tobacco Retailer Community Center School Recreation Areas (includes parks, parkettes, playgrounds, sandboxes, and baseball elds) Tobacco Retailer within 500 ft of a Youth-Sensitive Area Library Child Day Care/Learning Center 402 THE CENTER FOR TOBACCO POLICY & ORGANIZING Page 3 of 7 CENTER4TOBACCOPOLICY.ORG LUNG.ORG/CALIFORNIA The Center for Tobacco Policy & Organizing | American Lung Association in California 1531 I Street, Suite 201, Sacramento, CA 95814 | Phone: (916) 554.5864 | Fax: (916) 442.8585 ©2018. California Department of Public Health. Funded under contract #14-10013. Community Date Passed Population Fee Designated Administration/Enforcement Agencies Law Enforcement Health Department City Officials Other Wasco March 2007 26,980 $275-$655 X Los Angeles County Baldwin Park October 2008 75,537 $342 X X Beverly Hills August 2010 34,646 No Fee Planned X Burbank February 2007 105,033 $300**X Calabasas June 2009 24,202 No Fee Planned*X Carson November 2006 93,674 $500 X X Cerritos January 2008 50,039 $50*X Compton July 2007 100,050 $500 X X Culver City July 2009 40,103 $235 X X Duarte May 2013 22,033 $100 X El Monte November 2011 114,268 $300 X X El Segundo June 2010 16,717 $250 X Gardena July 2008 60,721 $120 **X X Glendale September 2007 201,748 $255 X Hawaiian Gardens July 2011 14,753 $246 X Hawthorne July 2009 87,662 $375 X X Huntington Park November 2011 59,383 No Fee Planned X Inglewood October 2007 114,900 $350 X X La Canada Flintridge June 2009 20,497 $50*X X La Verne January 2017 32,389 $300 X X Lancaster June 2006 157,820 $261 X Lawndale October 2009 33,365 $150 X Lomita May 2007 20,403 $150 X X Long Beach February 2008 480,173 $442 X X X Los Angeles (City)September 2005 4,041,707 $300 X X X Los Angeles County December 2007 1,053,030 $235 X X Lynwood October 2012 71,997 TBD X Malibu November 2011 12,742 No Fee Planned *X Maywood August 2006 27,633 $46 (initial)$11.50 (renew)X Montebello September 2009 63,917 $300 X Monterey Park April 2010 61,606 $40*X Palmdale January 2010 158,605 $350 X 403 From: Phillip Gardiner <gmoney.gardiner@gmail.com> Date: November 9, 2018 at 10:30:56 AM PST To: jduclos@hermosabch.org, sarmato@hermosabch.org, mcampbell@hermosabch.org, hfangary@hermosabch.org, Jmassey@hermosabch.org Cc: edoerfling@hermosabch.org, Carol McGruder <cmcgruder@usa.net>, "Yerger, Valerie" <valerie.yerger@ucsf.edu>, mmessex@ph.lacounty.gov, Phillip Gardiner <phillip.gardiner@ucop.edu> Subject: Restrict the Sale of all Flavored Tobacco Products and Flavored E-Juices, Including Menthol Hermosa Beach City Council, Attached is a letter from the African American Tobacco Control Leadership Council strongly encouraging you to include menthol flavored products in your proposed flavor restrictions ordinance. We are all counting on you; the public health of Hermosa Beach is at stake! Phillip Gardiner, Dr. P.H. C-Chair, African American Tobacco Control Leadership Council 404 From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Monday, November 12, 2018 9:38 PM To: Ann Yang <anny@hermosabch.org> Subject: New eComment for City Council Meeting (Closed Session - 6:00 P.M. and Regular Meeting - 7:00 P.M.) New eComment for City Council Meeting (Closed Session - 6:00 P.M. and Regular Meeting - 7:00 P.M.) Primo Castro submitted a new eComment. Meeting: City Council Meeting (Closed Session - 6:00 P.M. and Regular Meeting - 7:00 P.M.) Item: 5a) REPORT 18-0684 CONSIDER AMENDMENT OF THE MUNICIPAL CODE ADDING CHAPTER 5.78 TO THE HERMOSA BEACH MUNICIPAL CODE (TOBACCO RETAILERS) REQUIRING LICENSURE OF TOBACCO RETAILERS AND LIMITING SALE OF ELECTRONIC SMOKING DEVICES AND FLAVORED TOBACCO PRODUCTS TO REDUCE THE ILLEGAL SALE OF TOBACCO TO YOUTH AND AMENDING SECTION 1.10.040 TO MAKE VIOLATIONS OF CHAPTER 5.78 SUBJECT TO ADMINISTRATIVE PENALTY PROCEDURES (Continued from meeting of August 25, 2015) (Community Development Director Ken Robertson) eComment: Dear City Council: I am the Government Relations Director for The American Cancer Society Cancer Action Network, which is in support of this much needed policy in the city that aims to protect students in the city from becoming addicted to nicotine. If the city moves to ban flavored tobacco, a complete ban with no exemptions would be more effective. In addition to the flavored tobacco products listed in the policy language, we also ask that menthol and wintergreen flavors be included in the language. It is no surprise the tobacco industry has targeted communities of color through the use of flavored tobacco, including menthol. We support a minimum pack sizes for little cigars, but also ask that cigarillos also be sold in pack sizes to ensure consistency with other communities throughout California. The provision that no new tobacco shops should be within 500 feet of youth populated areas is a great way to protect our youth, if possible, we encourage this apply to all tobacco retailers. Thank you for your time in making Hermosa Beach a much healthier community for residents, students and visitors. We look forward in working with you in the near future. View and Analyze eComments 405 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0700 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 TEMPORARY HIRE RESOLUTION (Acting Chief of Police Milton McKinnon) Recommended Action: Staff recommends that the City Council adopt Resolution #18-xxxx authorizing the temporary rehire of Georgia Moe as Community Services Division Manager for a period of two (2) days, November 14, 2018, and November 15, 2018. Executive Summary: The California Public Employee Retirement System (CalPERS) prohibits rehiring retired employees within 180 days of their retirement date unless supported by a resolution of the City Council. The Police Department requests to rehire Georgia Moe in the capacity of Community Services Division Manager so that she can work with the newly hired Community Services Division Manager, Peter Ahlstrom, for a period of two days. This temporary hiring would facilitate knowledge transfer and address workload issues related to the nearly three-month vacancy in the position. Background: The Community Services Division Manager position has been vacant since August 23, 2018. It was the goal of the Police Department to have the previous Community Services Division Manager, Georgia Moe, work in conjunction with her successor for a short period of time prior to her retiring. Since Moe’s retirement, the Police Department has hired a new Community Services Division Manager, Peter Ahlstrom, who will start in his new position on Tuesday, November 13, 2018. In order to help Ahlstrom accelerate his understanding of his new position and address any workload issues related to the long-term vacancy, Moe would work with Ahlstrom to identify priorities, concerns, and workflow issues. Ms. Moe has been retired from the City for less than 180 days. According to CalPERS, in order to rehire Moe, even temporarily, CalPERS requires the Council to adopt a resolution approving Moe’s temporary hiring. City of Hermosa Beach Printed on 11/16/2022Page 1 of 2 powered by Legistar™406 Staff Report REPORT 18-0700 Fiscal Impact: It is anticipated the total related cost would not exceed $1,100. The Police Department has sufficient salary savings in FY18-19 to cover this expense. Attachments: 1. Resolution 18-XXXX 2. 2018-19 Salary Schedule 3. Personnel Action Form Respectfully Submitted by: Milton McKinnon, Acting Chief of Police Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 11/16/2022Page 2 of 2 powered by Legistar™407 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 18-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GEORGIA MOE 180-DAY WAIT PERIOD EXCEPTION G.C. SECTIONS 7522.56 AND 21224 THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, in compliance with Government Code section 7522.56 the Hermosa Beach City Council must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and WHEREAS, Georgia Moe, CalPERS ID #6699979937 retired from the City of Hermosa Beach in the position of Community Services Division Manager, effective August 23, 2018; and WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is February 19, 2019 without this certification resolution; and WHEREAS, section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the Hermosa Beach City Council, the City of Hermosa Beach and Georgia Moe certify that Georgia Moe has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, the Hermosa Beach City Council hereby appoints Georgia Moe as an extra help retired annuitant to perform the duties of the Community Services Division Manager for the City of Hermosa Beach under Government Code section 21224, effective November 14, 2018. 408 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 18-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GEORGIA MOE 180-DAY WAIT PERIOD EXCEPTION G.C. SECTIONS 7522.56 AND 21224 WHEREAS, the entire employment agreement, contract or appointment document between Georgia Moe and the City of Hermosa Beach has been reviewed by this body and is attached herein; and WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base salary for this position is $9,139 and the hourly equivalent is $52.73, and the minimum base salary for this position is $7,518 and the hourly equivalent is $43.37; and WHEREAS, the hourly rate paid to Georgia Moe will be $52.73; and WHEREAS, Georgia Moe has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and THEREFORE, BE IT RESOLVED THAT the Hermosa Beach City Council hereby certifies the nature of the employment of Georgia Moe as described herein and detailed in the attached employment agreement / contract / appointment document and that this appointment is necessary to fill the critically needed position of Community Services Division Manager for the City of Hermosa Beach by November 14, 2018, because the position has been vacant for 409 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 18-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GEORGIA MOE 180-DAY WAIT PERIOD EXCEPTION G.C. SECTIONS 7522.56 AND 21224 almost three months resulting in a significant workload as well as knowledge transfer concerns for the new Community Services Division Manager. This short employment period is intended to facilitate the onboarding process of the new Community Services Division Manager and reduce the workload. Georgia Moe hiring is classified as “Temporary-Extra Help.” 410 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 18-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GEORGIA MOE 180-DAY WAIT PERIOD EXCEPTION G.C. SECTIONS 7522.56 AND 21224 411 GRADE TITLE E02 CITY COUNCIL 530 Month E03 CITY CLERK 3234 Month (50% of Deputy City Clerk salary) E05 CITY TREASURER 530 Month Monthly Salary Range 1 2 3 4 M02 HUMAN RESOURCES MANAGER 9923 10419 10940 11486 M03 ASSISTANT TO THE CITY MANAGER 9038 9490 9965 10463 M05 COMMUNITY RESOURCES MANAGER 9706 10192 10702 11236 M20 COMMUNITY DEVELOPMENT DIRECTOR 11722 12308 12923 13570 M25 FINANCE DIRECTOR 11746 12334 12951 13598 M35 PUBLIC WORKS DIRECTOR 12738 13374 14042 14744 M40 POLICE CHIEF 14709 15445 16217 17028 M45 CITY MANAGER 18,250 Effective 05-01-17 Monthly Salary Range 1 2 3 4 P01 POLICE CAPTAIN 12698 13333 14001 14701 P03 POLICE LIEUTENANT 10522 11049 11601 12181 Monthly Salary Range P05 POLICE SERGEANT 7690 8075 8478 8903 P10 POLICE OFFICER 6101 6406 6727 7062 P13 POLICE RECRUIT/ACADEMY RECRUIT (75% OF OFFICER)4576 Updated 02-26-18 City of Hermosa Beach Salary Schedule SWORN POLICE EFFECTIVE JULY 1, 2018 THROUGH JUNE 30, 2019 POLICE MANAGEMENT LIEUTENANT EFFECTIVE JULY 1, 2018 THROUGH JUNE 30, 2019 EFFECTIVE JULY 1, 2018 THROUGH JUNE 30, 2019 ELECTED MANAGEMENT 412 GRADE TITLE Monthly Salary Range 1 2 3 4 5 G01 BUILDING INSPECTOR 5675 5960 6257 6570 6899 G06 CODE ENFORCEMENT OFFICER 5158 5416 5688 5972 6271 G13 POLICE SERVICE OFFICER 4592 4824 5066 5319 5586 G21 SECRETARY 4497 4723 4961 5208 5468 G23 SENIOR ACCOUNT CLERK 4497 4723 4961 5208 5468 G25 EQUIPMENT MECHANIC 4732 4968 5217 5478 5753 G29 MAINTENANCE II 4085 4291 4501 4732 4966 G31 COMMUNITY SERVICES OFFICER 4085 4291 4501 4732 4966 G33 ACCOUNT CLERK 4085 4291 4501 4732 4966 G39 OFFICE ASSISTANT 3668 3851 4042 4242 4453 G40 YOUTH PROGRAMS COORDINATOR 3668 3851 4042 4242 4453 G41 MAINTENANCE I 3668 3851 4042 4242 4453 G43 BUILDING & PLANNING TECHNICIAN 4397 4618 4848 5091 5346 G44 FIRE INSPECTOR/CODE ENFORCEMENT OFFICER 5158 5416 5688 5972 6271 Monthly Salary Range 1 2 3 4 5 S01 CREW SUPERVISOR 5443 5715 6001 6301 6616 S03 SENIOR EQUIPMENT MECHANIC 5443 5715 6001 6301 6616 S07 COMMUNITY SERVICES FIELD SUPERVISOR 4975 5227 5489 5760 6045 S09 POLICE SERVICE OFFICER SUPERVISOR 5433 5704 5996 6289 6604 Monthly Salary Range 1 2 3 4 5 A01 PLANNING MANAGER 8197 8606 9036 9488 9962 A02 ASSOCIATE ENGINEER 7095 7450 7821 8211 8618 A03 BUILDING & CODE ENFORCEMENT OFFICIAL 9853 10346 10863 11407 11977 A04 ASSISTANT ENGINEER 6166 6474 6797 7137 7494 A05 ASSOCIATE PLANNER 6479 6803 7143 7500 7875 A06 ASSISTANT PLANNER 5400 5670 5954 6252 6563 A07 PUBLIC WORKS SUPERINTENDENT 7008 7359 7728 8114 8519 A10 ACCOUNTING MANAGER 7518 7894 8290 8705 9139 A11 FINANCE CASHIER SUPERVISOR 6266 6579 6907 7253 7616 A15 SR RECREATION SUPERVISOR 5809 6098 6407 6726 7060 A16 RECREATION COORDINATOR 4877 5120 5377 5646 5928 A19 ADMINISTRATIVE ASSISTANT 5319 5585 5867 6159 6468 A21 DEPUTY CITY CLERK 5319 5585 5867 6159 6468 A22 ADMINISTRATIVE SERVICES COORDINATOR 6266 6579 6907 7253 7616 A24 GIS ANALYST 6566 6893 7238 7599 7980 A28 MANAGEMENT ANALYST 5967 6266 6579 6907 7253 A29 COMMUNITY SERVICES DIVISION MANAGER 7518 7894 8290 8705 9139 A30 CRIME & INTELLIGENCE ANALYST 6566 6893 7238 7599 7980 A31 ACCOUNTANT 6011 6311 6626 6957 7305 A32 ENVIRONMENTAL ANALYST 6802 7143 7500 7875 8269 A33 DEPUTY CITY ENGINEER 9795 10285 10798 11338 11905 A34 EMERGENCY MANAGEMENT COORDINATOR 6802 7143 7500 7875 8269 Monthly Salary Range 1 2 3 4 5 A13 EXECUTIVE ASSISTANT TO THE CITY MANAGER 6197 6508 6831 7172 7525 A14 PERSONNEL ANALYST 6394 6714 7050 7403 7773 Updated 02-26-18 PROFESSIONAL & ADMINISTRATIVE EMPLOYEE’S GROUP EFFECTIVE JULY 1, 2018 THROUGH JUNE 30, 2019 UNREPRESENTED EFFECTIVE JULY 1, 2018 THROUGH JUNE 30, 2019 GENERAL & SUPERVISORY BARGAINING UNIT EFFECTIVE JULY 1, 2018 THROUGH JUNE 30, 2019 SUPERVISORY CLASSIFICATIONS 413 CITY OF HERMOSA BEACH PERSONNEL/PAYROLL STATUS CHANGE � NEW EMPLOYEE D TRANSFER 0 ANNUAL STEP INCREASE 0 END OF PROBATION EMP NUMBER DATE OF REQUEST 11/07/18 --------0 PROMOTION 0 QUARTERLY MERIT 0 LEAVE OF ABSENCE O TERMINATION REQUESTED EFFECTIVE DATE 11 /14/18 -------- 0 ADD/REMOVE PREMIUM O OTHER ______________ APPROVED EFFECTIVE DATE EMPLOYEE NAME Moe, Georgia ADDRESS DEPARTMENT Police -Community Services POSITION TITLE Community Services Division Manager GRADE/STEP/PREMIUM CODES Temporary-Extra Help CITY, STATE, ZIP CODE EMPLqYMENTCHANGE DEPARTMENT POSITION NUMBER POSITION TITLE BASE SALARY GRADE/STEP/PREMIUM CODES -------- HOME PHONE POSITION NUMBER BASE SALARY PREMIUM(S) UNIFORM ALLOWANCE TOTAL MONTHLY $52.73 PREMIUM(S) UNIFORM ALLOWANCE TOTAL MONTHLY PAYROLL ACCOUNT NUMBER BARGAINING UNIT PAYROLL ACCOUNT NUMBER BARGAINING UNIT ACTION BY Act,ing Chief Milton McKinnon JUSTIFICATION/COMMENTS MERIT PAY PERCENTAGE AMOUNT This position has been vacant for several months resulting in a significant workload and knowledge transfer concerns for the New Community Services Division Manager. This short employment period is intended to facilitate the on-boarding process of the new Community Services Division Manager and reduce the workload. LEAVE OF ABS ENC E START DATE END DATE HEAL TH INSURANCE CONTINUATION QUARTER PERS Category: Hire/Adjusted Hire /Promotion Date: D ILLNESS CITY AMOUNT EMPLOYEE AMOUNT D MATERNITY COMMENTS D PERSONAL D FMLA 0 RESIGNATION LAST DAY WORKED D DISMISSAL 0 RETIREMENT D LAYOFF D DECEASED D OTHER EMPLOYEES SERVICES WERE 0 EXCELLENT O SATISFACTORY 0 VERY GOOD O UNSATISFACTORY TERMINATI ON COMMENTS OTH ER ACTI ONS OFFICE USE Finance Date Personnel Date EMPLOYEE SIGNATURE-------------------- HUMAN RESOURCES MANAGER _________________ DATE ---------Verified By _____ _ CITY MANAGER DATE--------- WHITE -HUMAN RESOURCES CANARY -CONFIRMATION TO DEPARTMENT PINK -CONFIRMATION TO EMPLOYEE GOLD -FINANCE 414 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0690 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 DOWNTOWN SAFETY AND LATE NIGHT ESTABLISHMENT MEASURES UPDATE (Acting Chief of Police Milton McKinnon) Recommended Action: Staff recommends that the City Council receive and file the Downtown Safety and Late Night Establishment Measures update report. Background: On June 7th, 2017, the City Council held a Code Enforcement Approach and Priorities Study Session. During this meeting, Council heard from several presenters from the Police Department, Community Development Department (Code Enforcement) and the Fire Department. The purpose of the study session was to provide information related to the actions each department was taking and how the departments were working together to mitigate issues on Pier Plaza. The City Council also heard from Greg Newman who represented Sharkeez, American Junkie, and Patrick Molloy’s. Newman provided a number of examples of what each business intended to implement or already had implemented, as well as a number of plans being developed to help mitigate Pier Plaza concerns, including: ·Eliminate two-for-one priced drinks (intend to implement) ·Eliminate large format drinks (intend to implement) ·Provide security shirts for all door personnel (intend to implement) ·Address lighting concerns inside each establishment (intend to implement) ·Implement and enforce the same dress code at each location (implemented) ·Implement communication system (intend to implement) ·Evaluate DJs, music format, music genre (intend to implement) ·Eliminate alcohol advertisement from social media (intend to implement) ·Implement “angel shot” guest safety feature (intend to implement) Analysis: Recently, the Downtown Subcommittee requested that the Police Department and Code Enforcement City of Hermosa Beach Printed on 11/16/2022Page 1 of 5 powered by Legistar™415 Staff Report REPORT 18-0690 Division provide a subjective and objective comparison of Pier Plaza from summer 2017 versus summer 2018. The crime statistics comparing the two summer time periods are below. Objective Comparisons HBPD Statistics: Summer 2017 vs. Summer 2018 2017 2018 2017 2018 Murder 0 0 Simple Assault 16 24 Downtown 0 0 Downtown 5 7 Others 0 0 Others 11 17 Forcible Rape 1 1 Burglary 28 45 Downtown 0 0 Downtown 2 3 Others 1 1 Others 26 42 Robbery 1 2 Larceny 170 78 Downtown 0 0 Downtown 40 15 Others 1 2 Others 130 63 Aggravated Assault 9 5 Motor Vehicle Theft 16 9 Downtown 1 2 Downtown 1 1 Others 8 3 Others 15 8 As indicated above, statistically, overall crime in the downtown area is down. Notably, overall crime throughout the city was also lower. Code Enforcement Statistics (not all statistics are related specifically to the downtown area): Summer 2017 vs. Summer 2018 2017 2018 2017 2018 Radio Calls 58 41 Noise 15 28 Citations 35 13 Public Nuisance 28 35 Citizen Contacts 157 541 Encroachment 15 62 Patrol Checks* 480 416 CUP Violations 18 46 Short Term Vacation Rentals ** 2 6 Storm Water Pollution 11 16 Smoking 944 1786 Clean Bay/ Auto Facility Insp 33 7 Trash Can Storage 20 61 Styrofoam 3 0 Sign Violations 31 63 Plastic Bag Ban 0 9 Construction 69 52 Misc. Complaints*** 42 79 City of Hermosa Beach Printed on 11/16/2022Page 2 of 5 powered by Legistar™416 Staff Report REPORT 18-0690 The above numbers represent the number of instances Code Enforcement (CE) staff addressed a concern. Of note is the low number of citations compared to the number of instances when a concern was addressed. This indicates that CE is aware of and actively mitigating concerns/issues and those concerns/issues rarely rise to the level of punitive actions, such as citations. Subjective Comparisons Police staff consistently state that Pier Plaza has become much safer, pleasant, and more “Family Friendly” over the past five to ten years. There are several areas that cannot be quantified, but are believed to have impacted crime and quality of life issues in and around Pier Plaza for the better: ·Since December 2017, HBPD has specific Police Officers assigned to the Pier Plaza area Thursday through Sunday evenings. In the past, due to staffing shortages, the Police Department was only able to staff the Plaza through the use of overtime. The assignment of officers, as opposed to varied officers working overtime provides continuity and familiarity of issues and concerns. ·The Police Department’s working relationship with the Downtown businesses continues to be an important component of our approach to impacting issues in the Downtown area. Officers, supervisors, and the Operations Division Commander, Lieutenant Scheid, ensure businesses are contacted when issues/concerns arise. ·The consensus is that Code Enforcement and Police staff attention to “small” issues mitigates/prevents larger concerns before they have an opportunity to materialize. This prevention based approach speaks to the broken windows theory, which is a criminological theory based on the academic theory by social scientists James Q. Wilson and George Kelling, that visible signs of crime, anti-social behavior, and civil disorder encourages further crime and disorder, including serious crimes. The theory suggests that policing methods addressing minor crimes such as vandalism, public drinking, etc. help to create an atmosphere of order and lawfulness, thereby preventing more serious crimes. The Police Department asserts that enhanced enforcement and staff presence, including security guards, in and around the Plaza has made Downtown safer, but strongly supports and recommends the implementation of the Crime Prevention Through Environmental Design (CPTED) approach the City is considering. CPTED stands to make more sustainable and long-lasting improvements to downtown safety through comprehensive enhancements to lighting, pedestrian traffic flow, cleanliness and various aesthetic improvements, which will ultimately enhance the overall ambiance and “feel” of the Plaza. The importance of this community approach to crime prevention cannot be overstated as the City looks to make lasting changes that encourage a warm, inviting, and most importantly, safe experience. Planning Commission CUP Reviews Community Development and Police Department staff continue to coordinate in preparing tri-annual City of Hermosa Beach Printed on 11/16/2022Page 3 of 5 powered by Legistar™417 Staff Report REPORT 18-0690 reports and reviews of on-sale alcohol establishments throughout the City for Planning Commission consideration. The second review for 2018 is scheduled for the Planning Commission’s November meeting covering the summer period, and no establishment meets the criteria for, or are recommended for further Conditional Use Permit (CUP) review. The October 16, 2018 Report can be viewed here <https://hermosabeach.legistar.com/LegislationDetail.aspx? ID=3701174&GUID=1163FA37-1E37-4527-90B9-A0FBC2B78AD3>(Attachment 1). Restaurant/Alcohol Establishments Acting Chief of Police McKinnon recently met with Ron and Greg Newman (Baja Sharkeez/Tower 12, Palmilla) to discuss what changes they and the owners of American Junkie and Patrick Malloy’s have implemented. The Newmans provided a PowerPoint (Attachment 2)and intend to address the Council at the November 13, 2018, Council meeting. Topics will include: ·Modified Drink Specials ·Drink Menus ·Staff Uniforms ·Lighting in the Establishments ·Communication between Establishments ·Dress Codes ·DJs/Music ·Alcohol Advertising ·Guest Safety General Plan Consistency: Evaluation of the City’s enforcement and police responses to achieve safety goals is consistent with Goal 5 of the Safety Element:High-Quality police and fire protection services provided to residents and visitors and the following policies under Goal 5: 5.1 Crime deterrence: Regularly evaluate the incidence of crime and identify and implement measures to deter crime. 5.2 High level of response: Achieve optimal utilization of allocated public safety resources and provide desired levels of response, staffing, and protection within the community. Fiscal Impact: There is no immediate financial impact or budget action necessary as a result of the recommended action. Attachments: 1.Link to October 16, 2018 Report City of Hermosa Beach Printed on 11/16/2022Page 4 of 5 powered by Legistar™418 Staff Report REPORT 18-0690 2.PowerPoint Presentation provided by Ron/Greg Newman Respectfully Submitted by: Milton McKinnon, Acting Chief of Police Concur: Ken Robertson, Community Development Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 11/16/2022Page 5 of 5 powered by Legistar™419 ACTION PLAN ITEMS WE PLAN ON IMPLEMENTING TO WORK ALONGSIDE THE POLICE DEPARTMENT & CITY STAFF TO IMPROVE THE PIER PLAZA ATMOSPHERE WE FEEL THE FOLLOWING STEPS, ALONG WITH THE HELP OF CODE ENFORCEMENT AND THE POLICE DEPARTMENT WILL BEGIN TO MAKE A SUBSTANTIAL POSITIVE IMPACT ON THE PROBLEMS THAT CURRENTLY EXIST 420 MODIFYING HAPPY HOUR DRINK SPECIALS We agree to eliminate 2 For the Price of 1 Drinks (or Buy One, Get one for a Quarter) ** This has been implemented. 421 DRINK MENU We agree to eliminate all large format drinks (84oz Party Buckets and Fish Bowls) from our drink menu *New Drink Menu was launched in early 2018. All “bucket” & “bowl” drinks are now served in 32oz containers. All 84oz containers have been eliminated 422 SECURITY STAFF UNIFORMS All three establishments agree to have Security Staff dressed in easily recognizable, collared shirts labeled with “HOST” Sharkeez & Malloy's have these uniforms in place. 423 LIGHTING All three locations agree to add more, and brighter lighting, in the ceilings of our establishments. This will allow us to create a brighter atmosphere. Sharkeez, Malloy's and American Junkie have all installed more lighting and plan to add even more. 424 COMMUNICATION We plan on implementing a system of communication between our 3 establishments that ensures the swift exchange of information regarding potential troublemakers, obviously intoxicated individuals and any other problematic persons that should not be allowed entry to other locations. Radio headsets do not work between the 3 establishments, due to frequency issues. However, door staff easily communicate with each other verbally (in person) out front or inside of the restaurants. Leads & managers communicate in person and/or by phone 425 DRESS CODE All three locations agree to enforce the same strict dress code. Confirmed that all 3 establishments enforce similar dress codes. 426 DJs We will all be closely monitoring the music selections played (by staff or DJs) to assure it is conducive to the type of guests we want on Pier Plaza. DJs will immediately comply with the music format or be removed and not booked in the future.** This has been implemented. Strict music format is being enforced 427 ALCOHOL ADVERTISING We are pulling all alcohol related advertising from our social media platforms, including Instagram, Facebook and our website. Advertising will be focused on food driven promotions and lifestyle images. ** This style of advertising has been implemented. 428 SAFETY OF GUESTS We are implementing several programs to protect our guests. These include increased awareness campaigns regarding drink tampering and Angel Shots. Angel Shots allow guests a discreet way to inform staff when they feel unsafe, intimidated or in danger. ** This program has been implemented and was actually covered by the local news channels when it launched. 429 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0685 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 UPDATE FROM THE COMMUNITY THEATER SUBCOMMITTEE AND RECOMMENDATION TO EXECUTE A FACILITY NEEDS ASSESSMENT (Community Resources Manager Kelly Orta) Recommended Action: Staff recommends that the City Council: 1.Approve the Community Theater Subcommittee’s recommendation to give authority to the City Manager to execute a facility needs assessment of the Community Theater facility, including analysis and conceptual cost estimates of two scenarios: a.A major renovation of the Community Theater to transform it into a regional performing arts center; and b.A conservative renovation to upgrade the Community Theater, taking into consideration its current users and maintaining the community focus of the facility. 2.Appropriate $30,000 from the Capital Improvement Fund for a newly created Community Theater Capital Improvement Project (CIP). Executive Summary: Since 2015,the City has studied and analyzed the Community Theater in an effort to enhance the visitor experience,expand programming,and review alternate ways to manage the facility to make it more financially sustainable.As a result,the Parks,Recreation and Community Resources Advisory Commission created a Community Theater Subcommittee (Commission Subcommittee)dedicated to this task. Following extensive analysis,the Commission Subcommittee recommended that the City solicit proposals for the management of the facility,issuing a Request for Proposal (RFP)in April 2017. Following selection of the top proposal,the Commission Subcommittee recommended that the City begin negotiations with Allen Sanford of Sanford Ventures,prompting the creation of a City Council Subcommittee.Before a formal meeting to negotiate was scheduled,Sanford communicated with each City Council Subcommittee member his reluctance to move forward with the Community Theater project at that time.After considering a variety of options on how best to proceed,the City Council Subcommittee determined that a facility assessment of the Community Theater was City of Hermosa Beach Printed on 11/16/2022Page 1 of 5 powered by Legistar™430 Staff Report REPORT 18-0685 Council Subcommittee determined that a facility assessment of the Community Theater was necessary to determine the current state of the infrastructure as well as varying options for future improvements. Background: The Community Theater has been a City-owned facility,managed and operated by City staff since the property was purchased from the Hermosa Beach School District in 1978.The City does not produce any shows in the Community Theater,which is a facility for rent that hosts a variety of productions such as live-stage performances,movie screenings,award presentations and other events for guests of all ages. The City Council determined the Community Theater to be a high priority during its Strategic Planning in 2015.In response,the Parks,Recreation and Community Resources Advisory Commission (Commission)established the Community Theater Subcommittee at its regular meeting on April 5,2016 to include Chairperson Robert Rosenfeld and Commissioner Jani Lange.Following several months of study and analysis,the City Council,at its regular meeting on October 26,2016, approved the Community Theater Subcommittee’s recommendation to issue a Request for Proposal (RFP)seeking an outside organization program and manage the Community Theater.Staff worked with the Community Theater Subcommittee as well as the Commission to draft the RFP,which was issued in April 2017;a total of three (3)proposals were received.After analysis of the proposals including several rounds of interviews,the Community Theater Subcommittee made a final recommendation for the City to begin negotiations with the top proposal from Sanford Ventures.The City Council approved this recommendation at their regular meeting on November 14,2017 and created a City Council Subcommittee with negotiating powers at their November 28,2017 meeting,to include Mayor Jeff Duclos and Mayor Pro Tem Stacey Armato. Analysis: Due to the complexity of the RFP and the depth of analysis necessary for the Commission Subcommittee to select the top proposal,it took several months from the time the proposals were submitted to when the Subcommittee selected the top proposal.Sanford began working on multiple projects in the interim,and therefore unavailable to proceed with his proposal.In addition,the Commission Subcommittee determined that the other two proposals received through the RFP process were not suitable options as they did not contain the same vision as the Subcommittee,and required varying levels of daily City staff facility management. This left no viable proposal to consider. When determining how best to proceed since negotiations with Sanford were no longer an option,it became apparent that having a facility needs assessment,including conceptual cost estimates, would further assist in providing a clearer picture of the current infrastructure and renovation options for facility enhancements.These are crucial elements to the future success of the facility and would further assist the City in future negotiations with partnering organizations should that continue to be the desired goal for the facility.Additionally,staff received comments from at least two companiesCity of Hermosa Beach Printed on 11/16/2022Page 2 of 5 powered by Legistar™431 Staff Report REPORT 18-0685 the desired goal for the facility.Additionally,staff received comments from at least two companies interested in submitting a proposal during the initial RFP process stating that they were uncomfortable doing so without knowing more information about the current infrastructure and potential renovations necessary to improve the facility. To gain cursory-level insight into this type of analysis,staff contacted several companies specializing in theater facility assessments to establish informal cost estimates to assist in determining potential budgetary requests.The companies contacted have extensive experience with theater facilities of various sizes and would be able to provide a comprehensive analysis of the current state of the facility as well as recommendations for two alternative (2) scenarios, including: 1.A major renovation of the Community Theater to transform it into a regional performing arts center; and 2.A conservative renovation to upgrade the Community Theater,taking into consideration its current users and maintaining the community focus of the facility. Both scenarios would include conceptual cost estimates,itemized for each recommendation.The importance of having both scenarios as part of this analysis is that it provides an alternative lens into the potential renovation of the facility while providing realistic cost estimates for future budgetary allocations.Further,this also provides an opportunity to gain valuable insight into the current state of the facility as well as its future potential depending on the desired direction and available funding opportunities.The City Council Subcommittee is committed to continuing to raise awareness of the facility and looking at opportunities to renovate the facility through various funding options.The proposed facility needs assessment provides the foundational support to consider substantial facility upgrades.Staff is confident that a comprehensive study could be conducted between $25,000 and $30,000. Therefore,if approved,the City Manager could authorize this assessment (per HBMC 3.12.035)to formally take place,which will help guide the City Council Subcommittee on determining next steps in the study of the Community Theater. General Plan Consistency: The relevant policies from the City’s general plan, PLAN Hermosa, include: ·Governance Goal 5. Small beach town character is reflected throughout Hermosa Beach. o 5.7 - Visitor and resident balance. Recognize the desire and need to balance visitor- serving and local-serving uses as a key to preserving character and the economic vitality of the community. City of Hermosa Beach Printed on 11/16/2022Page 3 of 5 powered by Legistar™432 Staff Report REPORT 18-0685 o 5.8 - Public private partnerships. Pursue the use of public-private partnerships to implement projects and efforts that maintain character and benefit the community. ·Land Use Goal 7. Adequate space and appropriate integration of community and school facilities that support physical activity, civic life and social connections for residents of all ages and interests. o 7.7 - Private recreational, cultural, and health care facilities. Encourage compatible development of private recreation, cultural, educational, institutional and health care uses along corridors and districts. ·Land Use Goal 11. A proud and visible identity as an arts and cultural community. o 11.2 - Creative expression in the built environment. Encourage the infusion of creative expression within the City’s built environment to create a memorable urban landscape that respects the past and builds for the future. o 11.5 - City leadership in public art. Embrace a leadership role in facilitating public art and public art partnerships with City Departments, private developers, and arts and cultural organizations. ·Land Use Goal 12. A mix of cultural facilities that support and encourage the community’s vibrant range of art creation and presentation. o 12.1 - Existing City venues for art. Maintain City-owned recreational facilities with consideration of their existing and potential use as venues for art creation, exhibition and performance. ·Parks & Open Space Goal 1. First class, well maintained, and safe recreational facilities, parks and open spaces. o 1.1 - Facility upgrades. Improve and update park and open space facilities on a regular basis. ·Parks & Open Space Goal 3. Community parks and facilities encourage social activity and interaction. o 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. Fiscal Impact: Estimates for completion of this assessment are approximately $30,000, which will be appropriated, City of Hermosa Beach Printed on 11/16/2022Page 4 of 5 powered by Legistar™433 Staff Report REPORT 18-0685 upon Council approval, from the Capital Improvement Fund to create a new Community Theater CIP. The estimated balance in the Capital Improvement Fund is $420,783. Attachments: None Respectfully Submitted by: Kelly Orta, Community Resources Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 11/16/2022Page 5 of 5 powered by Legistar™434 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0683 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 CAPITAL IMPROVEMENT PROJECT (CIP) 14-173 8TH STREET IMPROVEMENTS PROJECT UPDATE (Public Works Director Glen W.C. Kau) Recommended Action: Staff recommends that the City Council: 1.Receive and file the project status update, which includes information for bringing the Plans, Specs and Estimates to 100% completion; and 2.Approve the recommendation to conduct a final project walk-through/field review meeting with 8th Street residents, for those affected properties that are interested, on November 28, 2018 in advance of solicitation for construction bids. Background: Capital Improvement Project (CIP)14-173,is along 8th Street,which is an east-west roadway with one lane in each direction,has on-street parking,and provides connectivity from Pacific Coast Highway to the beach area.It is one of five connector streets/paths within city limits that provides such connectivity.The other four streets are Herondo Street,2nd Street,Pier Avenue and Gould Avenue.These streets along with the City’s roadway system provide accessibility for residents and visitors to and throughout the City’s beach community. The project’s scope between Hermosa Avenue and Valley Drive consists of upgrading sidewalks to provide a continuous path of travel consistent and in compliance with the Americans with Disabilities Act (ADA). The project will bring all curb ramps and driveways current to ADA standards. The existing street has several discontinuous sections of sidewalk and sections where the abutting residences encroach onto City right-of-way.There are segments where the accessible width is less than the minimum ADA requirement (36 inches;and 32 inches over 2 feet for constrictions more recognized as “pinch points”)due to obstructions such as,but not limited to,residential walls,landscaping,patio improvements,as well as power poles and utility cabinets.Most of the existing corner curb ramps are not ADA compliant,and there are some locations where no curb ramps exist.The public right-of-way width between Hermosa Avenue to Loma Drive is 60 feet from property line to property line;between Loma Drive and Valley Drive it narrows to 40 feet. City of Hermosa Beach Printed on 5/3/2022Page 1 of 12 powered by Legistar™435 Staff Report REPORT 18-0683 At its March 13th,2018 regular meeting,City Council directed staff to move forward with the completion of the design phase of the project (proceeding from 60%phase to 90%plan completion),implementing a four-foot wide sidewalk path while incorporating Public Works Commission recommendations;and directed staff to conduct a final project walk-through with 8th street residents. Analysis: This report presents the current status of the project. Following City Council direction to maintain a minimum four-foot travel width on all sidewalk pathways for this project,staff proceeded with the design of this project.Harris and Associates (Harris),the City’s consultant design firm for the project,was issued a Notice to Proceed from City Staff and revisited the 60% design plans to determine the additional impacts stemming from the additional directives. Harris has since provided the City with 90%plans and its analysis shows additional properties,in addition to the originally affected properties,that require frontage modifications in order to provide a four-foot minimum path of travel.Additionally,there are six properties that now will have slightly increased impacts than originally reported.They are listed and depicted below:(concrete work on private property,lightly shaded in grey and denoted by Construction Note 25)119 8th Street (at Palm Drive);207 8th Street (at Manhattan Avenue);801 8th Street (at Bayview Drive);802 8th Street (at Sunset Drive);804 Loma Drive ; and 440 8th Street (at Cypress Avenue). 119 8th Street (at Palm Drive) City of Hermosa Beach Printed on 5/3/2022Page 2 of 12 powered by Legistar™436 Staff Report REPORT 18-0683 8th Street (at Manhattan Avenue) City of Hermosa Beach Printed on 5/3/2022Page 3 of 12 powered by Legistar™437 Staff Report REPORT 18-0683 801 8th Street (at Bayview Drive) City of Hermosa Beach Printed on 5/3/2022Page 4 of 12 powered by Legistar™438 Staff Report REPORT 18-0683 802 8th Street (at Sunset Drive) City of Hermosa Beach Printed on 5/3/2022Page 5 of 12 powered by Legistar™439 Staff Report REPORT 18-0683 804 Loma Drive City of Hermosa Beach Printed on 5/3/2022Page 6 of 12 powered by Legistar™440 Staff Report REPORT 18-0683 440 8th Street (at Cypress Avenue) Staff will mail notifications to these six property owners that will have mostly flat concrete replaced (to achieve compliant curb ramp slopes)outside of City right-of-way.In addition,efforts toward an easement of a small portion of the private property located at 558 8th Street,in order to acquire the 48”wide sidewalk and to achieve the proper clearance adjacent to the power pole, are near completion. General Plan Consistency: This project corresponds with PLAN Hermosa,the City’s General Plan,that was adopted by the City Council in August 2017,by integrating future growth and updating infrastructure development including the implementation of living street principles.This follows the goals and policies of PLAN Hermosa including: Mobility Goal 1.Complete Streets that serve the diverse functions of mobility,commerce,recreation,and community engagement for all users whether they travel by walking, bicycling, transit, or driving. City of Hermosa Beach Printed on 5/3/2022Page 7 of 12 powered by Legistar™441 Staff Report REPORT 18-0683 Policies 1.1 Consider all modes.Require the planning,design,and construction of all new and existing transportation projects to consider the needs of all modes of travel to create safe, livable and inviting environments for all users of the system. 1.4 Target investments.Target public streetscape and infrastructure investments in locations with high potential for both public and private return on investment and long-term community value. Goal 2.A public realm that is safe,comfortable,and convenient for travel via foot,bicycle,public transit, and automobile and creates vibrant, people oriented public spaces that encourage active living. Policies 2.1 Prioritize public right-of-ways.Prioritize improvements of public right-of-ways that provide heightened levels of safe,comfortable and attractive public spaces for all non-motorized travelers while balancing the needs of efficient vehicular circulation. 2.5 Require sustainable practices.Incorporate environmental sustainability practices into designs and strategic management of road space and public right-of-ways,prioritizing practices that can serve multiple infrastructure purposes. 2.6 Safe east-west connections.Strive to provide safe and convenient east-west connections for pedestrians and bicycles throughout the city roughly every one-quarter mile (roughly every four to six blocks) and evaluate the costs, safety, and engineering considerations of various segment options. Goal 3. Public right-of-ways supporting a multimodal and people-oriented transportation system that provides diversity and flexibility on how users choose to be mobile. Policies 3.1 Enhance public right-of-ways.Where right-of-way clearance allows,enhance public right-of ways to improve connectivity for pedestrians, bicyclists, disabled persons, and public transit stops. 3.2 Complete pedestrian network.Prioritize investment in designated priority sidewalks to ensure a complete network of sidewalks and pedestrian-friendly amenities that enhances pedestrian safety,access opportunities and connectivity to destinations. 3.4 Access opportunities. Provide enhanced mobility and access opportunities for local transportation and transit services in areas of the city with sufficient density and intensity of uses,mix of appropriate uses,and supportive bicycle and pedestrian network connections that can reduce vehicle trips within the city’s busiest corridors. 3.6 Complete bicycle network. Provide a complete bicycle network along all designated roadways while creating connections to other modes of travel including walking and transit. 3.7 Transportation project considerations. Ensure transportation planning projects provide consideration to access, health and safety, and individual responsibility that enhances the quality of life of residents in the community. City of Hermosa Beach Printed on 5/3/2022Page 8 of 12 powered by Legistar™442 Staff Report REPORT 18-0683 3.10 Require ADA standards. Require that all public right-of-ways be designed per Americans with Disabilities Act (ADA)standards by incorporating crosswalks,curb ramps,pedestrian signals,and other components to provide ease of access for disabled persons. 3.11 Site specific conditions.Evaluate and incorporate any site specific conditions or restrictions on public property or right-of-ways during the design and engineering phases for pedestrian and bicycle facilities. 3.12 Right of way standards. Establish and maintain right of way standards and inventory sidewalks to assist in consistently applying roadway and sidewalk design standards. Goal 7.A transportation system that results in zero transportation-related fatalities and which minimizes injuries. Policies 7.1 Safe public right-of-ways. Encourage that all public right-of-ways are safe for all users at all times of day where users of all ages and ability feel comfortable participating in both motorized and non-motorized travel. 7.4 Traffic safety programs. Prioritize traffic safety programs oriented towards safe access to schools and community facilities that focus on walking, biking, and driving in school zones. 7.5 Appropriate sidewalk widths. Encourage design and construction plans that incorporate sidewalks that are consistent in width to match pedestrian activity. 7.7 Formalize City procedures. Encourage formalizing City procedures for analysis and evaluation of crosswalks and crossing locations citywide, and adopt state-of-practice pedestrian improvement guidance aimed at increasing pedestrian safety. 7.8 Active transportation education and safety. Promote the participation in pedestrian, bicycle,and skateboard safety and education programs to facilitate safe and confident use of alternative modes of transportation. Infrastructure Goal 1. Infrastructure systems are functional, safe, and well maintained. Policies 1.1 Infrastructure systems plan.Establish and adopt an integrated,holistic systems approach to guide infrastructure development, improvement, maintenance, and resilience. 1.2 Priority investments. Use City Council established priorities and the Capital Improvement Program (CIP) to identify and allocate funding for projects identified in the infrastructure plan. 1.3 Right-of-way coordination. Ensure infrastructure maintenance and repair projects within the public right-of-way are coordinated with utilities and agencies to minimize additional roadway repaving or accelerated deterioration. 1.8 Minimize recurring repairs.Ensure that recurring repairs to City facilities are minimized by investing in low maintenance materials and performing preventive procedures where available. City of Hermosa Beach Printed on 5/3/2022Page 9 of 12 powered by Legistar™443 Staff Report REPORT 18-0683 Goal 2. Roadway infrastructure maintenance supports convenient, attractive, and complete streets and associated amenities. Policies 2.1 Preventive street maintenance. Maintain streets, sidewalks and other public rights-of-way to provide a reliable network for circulation through a proactive preventive maintenance program. 2.3 Street and sidewalk standards. Require the use of standardized roadway, sidewalk, parkway, curb and gutter designs to ensure continuity and consistency as property redevelops over time. 2.4 Sidewalk improvements. Consider innovative funding strategies, such as cost-sharing, ADA accessibility grants, or sidewalk dedications, to improve the overall condition, safety, and accessibility of sidewalks. 2.5 Active transportation dedications. Require new development and redevelopment projects to provide land or infrastructure necessary to accommodate active transportation, such as widened sidewalks, bike racks, and bus stops, in compliance with ADA accessibility standards. 2.7 Restore to City standards. Require utility, other service providers, and private construction projects working in the public right-of-way to restore or improve trench areas to return the site to conditions that comply with City standards and prevent roadway and sidewalk deterioration. Goal 6. Utility services are reliable, affordable, and renewable. Policies 6.2 Below ground utilities.Encourage the phase out and replace overhead electric lines with subsurface lines to reduce visual obstructions and the need for utility poles which can impede sidewalk accessibility. This project falls within the Sand Section Neighborhood,where the City attempts to enhance multimodal connectivity and access while preserving the building form,scale,and orientation in this neighborhood. Enhancing the pedestrian realm along 8th Street,re-orienting existing building structures to activate the corridor,and improve walkability and pedestrian accessibility.This falls in line with the goal of helping to reduce traffic collisions.This also falls in line with the updated mobility element which features a balanced emphasis on automobiles and pedestrians by eliminating inconsistent sidewalks which ultimately impede pedestrian access.For example,this local street features sidewalks on only one side of the street or not at all while other areas feature narrow or obstructed sidewalks or lack curb ramps.This project will help to address some of the key mobility issues raised in in PLAN Hermosa. Next Steps: Staff recommends conducting a project walk-through/field review meeting for interested property owners and residents along 8th Street (within project limits)to provide project details and address questions or concerns they may have.City staff is tentatively scheduling a project walk through on November 28, 2018. Project Schedule:Below is the estimated project milestones for the design and construction phases of City of Hermosa Beach Printed on 5/3/2022Page 10 of 12 powered by Legistar™444 Staff Report REPORT 18-0683 Project Schedule:Below is the estimated project milestones for the design and construction phases of the project: City Council update November 2018 Project walk-through Late November 2018 Final design December 2018 Advertisement construction bids Early February 2019 Contract award March 2019 Start construction mid-April 2019 End construction July 2019 Fiscal Impacts: The revised preliminary line item cost estimates and approved budgeted amounts for the project are listed below: The probable construction cost reported to City Council in March 2018 was $1,098,700,which included a 15%contingency.The updated project total (including latest construction cost estimate)is $1,001,616, which includes a 15%contingency.Per the approved FY 2018-19 Budget,$1,056,542 is available for this project. Staff recommends that the Council receive and file the project updates in order to complete preparation of the construction documents,proceed with advertisement for construction bids in early Spring 2019,and allow for the final project walk through on November 28, 2018. City of Hermosa Beach Printed on 5/3/2022Page 11 of 12 powered by Legistar™445 Staff Report REPORT 18-0683 Attachments: 1.PowerPoint Presentation Respectfully Submitted by: Reed Salan, Associate Engineer Concur:Glen W.C. Kau, P.E., Director of Public Works/City Engineer Legal Review: Mike Jenkins, City Attorney Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 5/3/2022Page 12 of 12 powered by Legistar™446 8TH STREET IMPROVEMENTS -OVERVIEW EXHIBIT WORK AFFECTING PRIVATE PROPERTIES 1 2 3 4 5 6 447 (1) 119 8th Street (at Palm Drive) 448 (2) 207 8th Street (at Manhattan Avenue) 449 (3) 801 8th Street (at Bayview Drive) 450 (4)802 8th Street (at Sunset Drive) 451 (5) 804 Loma Drive 452 (6) 440 8th Street (at Cypress Avenue) 453 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0688 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 POLICY ON VOTING PROCEDURE FOR BOARD/COMMISSION APPOINTMENTS (Continued from meeting of October 13, 2018) - Report has been Revised - (City Clerk Elaine Doerfling) Recommended Action: City Clerk recommends that the City Council approve one of the following policies: 1.Paper voting procedure (developed in 2012 by Council subcommittee and staff); 2.Voice vote procedure (specify formal motion, consensus); or 3.Paper weighted voting procedure with numbered ranking system. Background: Past voting procedures for board/commission appointments have included: ·Formal motion for each appointment (from at least 1990 - 2006) ·Voice vote by consensus (2007 - 2011) ·Paper vote for single or multiple appointments (2012 - 2018) ·Weighted paper vote for multiple appointments (2013 - 2018) Previous City Council directions/actions regarding voting procedures include: ·June 12, 2012 - Consensus for a Council subcommittee (comprised of then-Mayor Jeff Duclos and then-Councilmember Michael DiVirgilio) to work with staff to develop a consistent voting policy for making board/commission appointments. ·July 24, 2012 - City Attorney Jenkins presented the (above-directed) voting policy calling for Councilmembers to mark their selection(s) on paper (City Clerk to read aloud and tally votes). ·July 9, 2013 - Then-Mayor Kit Bobko introduced a weighted voting system for Councilmembers to mark their selection(s) on paper, using a numbered ranking system (City Clerk to read aloud and tally votes). ·July 14, 2015 - Then-Councilmember Michael DiVirgilio expressed concern about the confusion created by employing different voting systems at different meetings and, with the City of Hermosa Beach Printed on 5/3/2022Page 1 of 3 powered by Legistar™454 Staff Report REPORT 18-0688 consensus of the City Council, directed staff to report back (when feasible according to work flow) with a policy statement on a voting procedure to ensure consistency with board/commission appointments. To facilitate the paper-ballot policy established in 2012, the City Clerk prepared voting sheets on which Councilmembers mark their selections, appropriately altered in 2013 to allow for weighted voting, and has made both versions (samples attached) available at all subsequent meetings to accommodate whichever system is employed at the time. Analysis: While a formal motion, which either passes or fails with up-or-down votes, is a straight-forward decision-making process, it is not necessarily ideal for board/commission appointments, where it is understandably preferable to vote in favor of, rather than against, individual residents who volunteer to serve our community. That discomfort may be one of the key reasons that the Council moved in 2007 to a consensus voice vote process which, while still requiring majority approval, eliminated negative votes. After at least 30 years using voice voting (either formal motion or consensus), a Council subcommittee was established June 12, 2012 and directed to work with staff to develop and present a new voting process before the Council has to make upcoming Planning Commission appointments. Under the voting system presented at the July 24, 2012 meeting, Councilmembers marked their selection(s) on paper, at the same time, to be read aloud and tallied by the City Clerk, creating a more level playing field for each individual applicant and eliminating any of the real or perceived problems of voice-voting (such as by whom and in what order motions were made or voice votes were cast). Under the weighted vote system, which was introduced in 2013, the applicant with the highest number of points would be the top choice, but the ranking of applicants has nearly always created confusion. For example, with six applicants vying for three seats, Councilmembers are instructed to mark three points for their first choice, two points for their second choice, and one point for their third choice, which is counter-intuitive for those who instinctively view their first choice as #1. Tie votes, which may occur under any system, and with any number of Councilmembers present, have always been resolved by simply re-voting until consensus is reached. If a tie vote occurs when a Councilmember is absent, the appointment is typically continued to the next meeting to allow for voting by all five members. Depending on the action taken by Council, a resolution, if needed, reflecting Council’s action would be prepared for presentation at the next meeting as a consent calendar item. City of Hermosa Beach Printed on 5/3/2022Page 2 of 3 powered by Legistar™455 Staff Report REPORT 18-0688 Attachments: 1.Voting sheet sample #1 (paper ballots) 2.Voting sheet sample #2 (paper ballots) Submitted by: Elaine Doerfling, City Clerk Concur: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 5/3/2022Page 3 of 3 powered by Legistar™456 Mary Campbell Stacey Armato Parks & Rec. Comm. Appointments 04/24/18 Parks & Rec. Comm. Appointments 04/24/18 One unexpired term ending 06/30/19 One unexpired term ending 06/30/19 Select One (1) Applicant Select One (1) Applicant Greg Blomstrand- - - - - - - - - - - Greg Blomstrand- - - - - - - - - - - Barbara Ellman- - - - - - - - - - - - Barbara Ellman- - - - - - - - - - - - Joey Farrales- - - - - - - - - - - - - - Joey Farrales- - - - - - - - - - - - - - Tori Grafeman - - - - - - - - - - - - Tori Grafeman - - - - - - - - - - - - Arcadia Berjonneau Keene - - - Arcadia Berjonneau Keene - - - Ross Lenihan- - - - - - - - - - - - - - Ross Lenihan- - - - - - - - - - - - - - Adam Malovani- - - - - - - - - - - - Adam Malovani- - - - - - - - - - - - Jeff Duclos Justin Massey Parks & Rec. Comm. Appointments 04/24/18 Parks & Rec. Comm. Appointments 04/24/18 One unexpired term ending 06/30/19 One unexpired term ending 06/30/19 Select One (1) Applicant Select One (1) Applicant Greg Blomstrand- - - - - - - - - - - Greg Blomstrand- - - - - - - - - - - Barbara Ellman- - - - - - - - - - - - Barbara Ellman- - - - - - - - - - - - Joey Farrales- - - - - - - - - - - - - - Joey Farrales- - - - - - - - - - - - - - Tori Grafeman - - - - - - - - - - - - Tori Grafeman - - - - - - - - - - - - Arcadia Berjonneau Keene - - - Arcadia Berjonneau Keene - - - Ross Lenihan- - - - - - - - - - - - - - Ross Lenihan- - - - - - - - - - - - - - Adam Malovani- - - - - - - - - - - - Adam Malovani- - - - - - - - - - - - Hany Fangary City Clerk Tally Parks & Rec. Comm. Appointments 04/24/18 Parks & Rec. Comm. Appointments 04/24/18 One unexpired term ending 06/30/19 One unexpired term ending 06/30/19 Select One (1) Applicant Select One (1) Applicant Greg Blomstrand- - - - - - - - - - - Greg Blomstrand- - - - - - - - - - - Barbara Ellman- - - - - - - - - - - - Barbara Ellman- - - - - - - - - - - - Joey Farrales- - - - - - - - - - - - - - Joey Farrales- - - - - - - - - - - - - - Tori Grafeman - - - - - - - - - - - - Tori Grafeman - - - - - - - - - - - - Arcadia Berjonneau Keene - - - Arcadia Berjonneau Keene - - - Ross Lenihan- - - - - - - - - - - - - - Ross Lenihan- - - - - - - - - - - - - - Adam Malovani- - - - - - - - - - - - Adam Malovani- - - - - - - - - - - - 457 Carolyn Petty Jeff Duclos Public Works Comm. Appointments 11/02/16 Public Works Comm. Appointments 11/02/16 Three four-year terms Three four-year terms Select Three Applicants by weighted vote – Select Three Applicants by weighted vote – Mark 3 points for First Choice, 2 points for Mark 3 points for First Choice, 2 points for Second Choice, and 1 point for Third Choice Second Choice, and 1 point for Third Choice Janice Brittain- - - - - - - - - - - - - Janice Brittain- - - - - - - - - - - - - Kent F. Brown- - - - - - - - - - - - - Kent F. Brown- - - - - - - - - - - - - David Grethen- - - - - - - - - - - - - David Grethen- - - - - - - - - - - - - Geoffrey Hirsch- - - - - - - - - - - - Geoffrey Hirsch- - - - - - - - - - - - Jolisa Jones-Corey - - - - - - - - - Jolisa Jones-Corey - - - - - - - - - Peter Tucker- - - - - - - - - - - - - - Peter Tucker- - - - - - - - - - - - - - Justin Schnuelle - - - - - - - - - - - Justin Schnuelle - - - - - - - - - - - Jonathan Wicks- - - - - - - - - - - - Jonathan Wicks- - - - - - - - - - - - Hany Fangary Justin Massey Public Works Comm. Appointments 11/02/16 Public Works Comm. Appointments 11/02/16 Three four-year terms Three four-year terms Select Three Applicants by weighted vote – Select Three Applicants by weighted vote – Mark 3 points for First Choice, 2 points for Mark 3 points for First Choice, 2 points for Second Choice, and 1 point for Third Choice Second Choice, and 1 point for Third Choice Janice Brittain- - - - - - - - - - - - - Janice Brittain- - - - - - - - - - - - - Kent F. Brown- - - - - - - - - - - - - Kent F. Brown- - - - - - - - - - - - - David Grethen- - - - - - - - - - - - - David Grethen- - - - - - - - - - - - - Geoffrey Hirsch- - - - - - - - - - - - Geoffrey Hirsch- - - - - - - - - - - - Jolisa Jones-Corey - - - - - - - - - Jolisa Jones-Corey - - - - - - - - - Peter Tucker- - - - - - - - - - - - - - Peter Tucker- - - - - - - - - - - - - - Justin Schnuelle - - - - - - - - - - - Justin Schnuelle - - - - - - - - - - - Jonathan Wicks- - - - - - - - - - - - Jonathan Wicks- - - - - - - - - - - - Stacey Armato City Clerk Tally Public Works Comm. Appointments 11/02/16 Public Works Comm. Appointments 11/02/16 Three four-year terms Three four-year terms Select Three Applicants by weighted vote – Select Three Applicants by weighted vote – Mark 3 points for First Choice, 2 points for Mark 3 points for First Choice, 2 points for Second Choice, and 1 point for Third Choice Second Choice, and 1 point for Third Choice Janice Brittain- - - - - - - - - - - - - Janice Brittain- - - - - - - - - - - - - Kent F. Brown- - - - - - - - - - - - - Kent F. Brown- - - - - - - - - - - - - David Grethen- - - - - - - - - - - - - David Grethen- - - - - - - - - - - - - Geoffrey Hirsch- - - - - - - - - - - - Geoffrey Hirsch- - - - - - - - - - - - Jolisa Jones-Corey - - - - - - - - - Jolisa Jones-Corey - - - - - - - - - Peter Tucker- - - - - - - - - - - - - - Peter Tucker- - - - - - - - - - - - - - Justin Schnuelle - - - - - - - - - - - Justin Schnuelle - - - - - - - - - - - Jonathan Wicks- - - - - - - - - - - - Jonathan Wicks- - - - - - - - - - - - 458 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0701 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 ROLE OF EMERGENCY PREPAREDNESS ADVISORY COMMISSION (City Manager Suja Lowenthal) Recommended Action: Staff recommends that the City Council: 1.Schedule a joint study session with the Emergency Preparedness Advisory Commission in December of 2018 or January of 2019, and 2.Direct staff to bring forward a formal recommendation at a subsequent City Council meeting on the future roles, responsibilities and direction of the Emergency Preparedness Advisory Commission. Background: At the regular City Council meeting of March 13, 2018, the City Clerk brought forward an agenda item recommending authorization to advertise and request applications from interested parties for two upcoming vacancies on the Emergency Preparedness Advisory Commission. The City Council’s determination at that time was to decline the recommendation and instead direct staff to return with a formal agendized item examining the mission and roles of the Commission, considering the City’s evolving needs and current resources (Attachment 1:March 13, 2018 City Council Meeting). On July 19, 2018, the City held a joint City Council and City Commission meeting with the intent of better understanding Commissioners’ perspectives, exploring opportunities for improved collaboration, and reaffirming the City’s goals, expectations and protocols. At this meeting, the Emergency Preparedness Advisory Commission (EPAC) provided a verbal report on their FY18-19 goals, achievements and challenges (Attachment 2). In November 2018, the City Manager scheduled meetings with all EPAC Commissioners to discuss their Commission’s roles and responsibilities and listen to their individual feedback prior to returning to the City Council with a formal report. Analysis: Following these meetings and after further consideration, staff is recommending that a formal study City of Hermosa Beach Printed on 5/3/2022Page 1 of 2 powered by Legistar™459 Staff Report REPORT 18-0701 session be held by the City Council, with joint participation from the Emergency Preparedness Advisory Commission to consider and discuss the Commission’s mission and roles as they relate to the City’s broader needs and available resources. A study session format will allow for the following: 1.A comprehensive review of past and present Commission roles and responsibilities; 2.An opportunity to ask questions of and receive valuable feedback from EPAC Commissioners and staff liaison(s); 3.A case study analysis of emergency preparedness efforts in other cities; and 4.Presentations by regional partners and emergency management professionals. Following the study session, staff will return with recommendations at a subsequent City Council meeting on the future roles, responsibilities and direction of the Emergency Preparedness Advisory Commission, including any necessary revisions to pertinent sections of the Municipal Code. General Plan Consistency: This report and associated recommendations have been evaluated for their consistency with the City’s general plan. Relevant polices are listed below: PLAN Hermosa Policies ·Governance Policy 1.2 Strategic planning.Regularly discuss and set priorities at the City Council and management level to prioritize work programs and staffing needs. Fiscal Impact: There is no fiscal impact associated with the recommended action. Attachments: 1.Link to March 13, 2018 City Council Meeting Video, Item 7a 2.July 19, 2018 Joint City Council and Commission-EPAC Staff Report Respectfully Submitted by: Brandy Villanueva, Emergency Management Coordinator Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 5/3/2022Page 2 of 2 powered by Legistar™460 1 | P a g e 2018 Boards & Commissions Report Emergency Preparedness Advisory Commission Date: July 19, 2018 To: Honorable Mayor and Members of the Council From: Gila Katz, Chair Re: Fiscal Year (FY) 2017-18 Annual Report of the Emergency Preparedness Advisory Commission __________________________________________________________________ The mission of the Emergency Preparedness Advisory Commission (EPAC) is to educate and prepare the public to survive, endure and recover from a natural or manmade disaster. The Commission is committed to providing advice and recommendations to the City Council on how the City and the residents can prepare and respond swiftly and responsibly to emergencies. The Commission meets in the Council Chambers at 7:00 P.M. on the first Monday of every other month. HERMOSA BEACH MUNICIPAL CODE, CHAPTER 2.38 EMERGENCY PREPAREDNESS ADVISORY COMMISSION Commission Members: Please identify members and length of service. 1. Gila Katz – Chair: July 2017 - present, 8 years of service, term ended May 31, 2018. 2. Matt McCool – Vice Chair: July 2017 – Present, 3 years of service, term ends May 31, 2019. 3. William Hallett – 11 years of service, term ends May 31, 2019. 4. Al Benson –11 years of service, term ended May 31, 2018. 5. Dave Buckland – 4 years of service, 2 year term ends May 31, 2019. 6. Nadine Sky-Davis – 1 year of service, term ends May 31, 2021. 7. Michael Detoy – 1 year of service, term ends May 31, 2021. 461 2 | P a g e 2018 Boards & Commissions Report Emergency Preparedness Advisory Commission Commission Subcommittees: Please list any subcommittees/liaisons and the goal for each. Please list the date of formation for each subcommittee and the accomplishments/status for each. (If none, put N/A) Goal 1: Enhance the current Community-wide notification processes by researching available options and provide recommendations by September 2017. Subcommittee was formed in February of 2017. Subcommittee: Matt McCool and William Hallett. Objective 1: Subcommittee to research community-wide emergency alert systems to include chemical sensors and tsunami sirens to determine the feasibility of implementation for the City of Hermosa Beach and provide recommendations to the Emergency Manager by September 2017. Goal 2: Develop a more robust Community Emergency Response Team (CERT) program by researching available options and provide recommendations by November 2017. Subcommittee was formed in February of 2017. Subcommittee: Dave Buckland and Nadine Skye-Davis Objective 1: Subcommittee to research strategies to increase visibility of the CERT program to include sustainability and engagement strategies of CERT volunteers and provide recommendations to the Emergency Manager by November 2017. Goal 3: Develop a community-wide emergency preparedness program and provide recommendations by end of December 2017. Subcommittee was formed in February of 2017. Subcommittee: Al Benson and Gila Katz Objective 1: Subcommittee to review the My Ten Program to determine the feasibility of implementing three preparedness modules by June 2017. Goal 4: Develop a business preparedness program. Subcommittee was formed in January of 2018 Subcommittee: Michael Detoy Objective 1: Subcommittee will review available resources to determine the most effective for promoting business preparedness and work with Chamber of Commerce to distribute the materials to the businesses. 462 3 | P a g e 2018 Boards & Commissions Report Emergency Preparedness Advisory Commission FY 2017-18 Activities & Accomplishments: Please highlight the commission’s 2017-18 activities & accomplishments. Goal 1: The subcommittee has conducted research regarding siren technology to purchase and install a new tsunami siren and utilize it as a noon-time siren. The subcommittee developed a Facebook page to engage the public in gaining support to bring the noon-time siren back into the community. The old siren will be donated to the Historical Society and placed in the museum as a way to preserve the history of Hermosa Beach. Goal 2: The subcommittee has begun discussions with neighboring jurisdictions to develop an animal disaster response team and training program. In addition, the subcommittee has been promoting the Basic CERT training and many other emergency preparedness trainings that are available throughout Los Angeles County. Goal 3: The subcommittee has reviewed materials and determined that the best emergency preparedness program for the City of Hermosa Beach is to relaunch the Map Your Neighbor program. Goal 4: The subcommittee has reviewed a variety of business preparedness documents and begun to develop a single document incorporating all of the critical preparedness steps a business needs to take to ensure the safety of employees and patrons during and immediately following a disaster. 463 4 | P a g e 2018 Boards & Commissions Report Emergency Preparedness Advisory Commission FY 2018-19 Goals: What are the commission’s goals and/or areas of focus for FY 2018-19? Please list in order of priority. If possible, please explain how your goals support City Council’s Strategic Plan. The EPAC commission had a lengthy discussion at the January 2018 meeting regarding the FY 2017 – 2018 goals and trying to determine the FY2018-2019 goals. Throughout the discussion, it was determined that the FY2017-2018 goals would be the focus of FY2018-2019 as the goals were still relevant, timely, and addressed the concerns of the commission. Therefore below are the FY2018-2019 goals and the EPAC commissioners assigned to each goal: Goal 1: Continue to research and implement a community notification siren with a focus on returning the noon-time siren. Subcommittee is Vice-Chair McCool and Commissioner Hallett. Goal 2: Enhance the visibility of the Community Emergency Response Team, continue to work with Hermosa Beach Amateur Radio Association, work with the American Red Cross (shelter and CPR/AED training, Pillowcase program), and develop an animal disaster response team with neighboring jurisdictions. Subcommittee is Commissioner Buckland and Commissioner Skye-Davis. Goal 3: The subcommittee will relaunch the Map Your Neighborhood program to include preparedness information (animals, older adults, young children, access and functional needs,10-days of supplies, utility concerns, Carbon Dioxide/Smoke detector alarm checks), and disaster response capabilities such as human and animal sheltering. In addition, the subcommittee will work with the schools (parochial, private and public) to disseminate safety and emergency preparedness messages. A vulnerable population inventory will be created. Subcommittee is Chair Katz and Commissioner Benson. Goal 4: Develop and implement a business preparedness program with a focus on small business. Subcommittee is composed of Commissioner Detoy. The EPAC commission FY2018-2019 goals directly correlate with the City Council Strategic Plan Goal 2021 - Commitment to a Safe Community. Implementing a community emergency siren, increasing awareness of various emergency trainings and HbCERT, developing an animal response team and relaunching Map Your Neighborhood will assist with making the community safer during and following a disaster. The Whole Community is responsible for preparedness and through these projects; EPAC is reaching out to all segments of the community to prepare themselves and their families to become more resilient following a disaster. 464 5 | P a g e 2018 Boards & Commissions Report Emergency Preparedness Advisory Commission Please list any upcoming challenges and concerns for FY 2018 -19. Please also indicate any procedures the commission feels are unclear or need to be revisited/more formally established. The EPAC commission identified the following challenges and concerns related to the completion of the FY2018-2019 goals: 1. EPAC’s goal is to have open, ongoing and continuous discussions with City Council, City Manager and Emergency Manager in order to set the short term and long term goals for the health and safety of the community. 2. EPAC’s goal is to encourage all residents and buisnesses to follow emergency preparedness best practices by preparing a 10-day supply of food, water, medications, and additional items to be utilized during and following a disaster. 3. The EPAC commission requests the reinstitution of the attendance and participation of the Police Chief, Fire Chief and City Manager as well as a City Councilmember at each of the commission meetings. 465 From: Nadine Skye-Davis Sent: Tuesday, November 13, 2018 10:32 AM To: City Council <citycouncil@hermosabch.org> Cc: Ann Yang <anny@hermosabch.org> Subject: Agenda Item 7.a Role of EPAC I'd just like to offer a quick voice of support for the recommendation in the Staff Report on the Role of EPAC. I believe an open discussion of our city's direction regarding emergency preparedness would be valuable to all involved. I had planned to be at the meeting tonight to voice my support in person, but I'm still working the sheltering operation associated wth the Woolsey Fire. Sincerely, Nadine Skye-Davis Commissioner Emergency Preparedness Advisory Commission City of Hermosa Beach Nskye-Davis@hermosabch.org 90254ey Drive, Hermosa Beach, CA Vall 1315 310.871.5543 466 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0691 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 SELECTION OF DELEGATE AND ALTERNATE TO SERVE ON THE LAX COMMUNITY NOISE ROUNDTABLE (Assistant to the City Manager Nico De Anda-Scaia) Recommended Action: Staff recommends that the City Council: 1.Designate a Council delegate and an alternate to serve on the LAX Community Noise Roundtable; and 2.Authorize the Mayor to sign a letter addressed to Administrators of the LAX Community Noise Roundtable and LAWA Noise Management Division, requesting formal City membership and announcing the appointments of the City Council’s delegate(s). Background: Over the years, the City of Hermosa Beach has received various complaints from local residents regarding increased noise impacts of aircraft flight patterns out of Los International Airport (LAX). In an effort to advocate for the best interests of Hermosa residents and mitigate future impacts to the community, staff recommends that the City Council designate an official delegate and alternate to participate in ongoing regional discussions regarding these issues. The Los Angeles International Airport (LAX)/Community Noise Roundtable (Roundtable) was created in September 2000 as a forum to ensure cooperation between LAX and local impacted communities in achieving equitable noise impact reduction throughout the region. Membership of the Roundtable consists of elected representatives from communities surrounding LAX, senior management of Los Angeles World Airports (LAWA), the airline industry, the Federal Aviation Administration (FAA) and various community organizations. It is the Roundtable’s position that participation by elected officials from local cities is crucial to their efforts in bringing meaningful noise relief to surrounding communities affected by LAX aircraft operations. Although membership is guaranteed for Hermosa Beach, the City must submit a formal letter indicating Council’s interest and identifying official delegate(s) to the Roundtable (Attachment 1). City of Hermosa Beach Printed on 5/3/2022Page 1 of 2 powered by Legistar™467 Staff Report REPORT 18-0691 The Roundtable meets on the second Wednesday of every odd numbered month and may schedule additional meetings as needed. The next Roundtable meeting is scheduled for 6:30pm on Wednesday, November 14th at Monterey Park City Hall (Attachment 3). Additional information on LAX noise management measures and the LAX/Community Noise Roundtable are available on the LAWA website <https://www.lawa.org/en/lawa-environment/noise- management/lawa-noise-management-lax/community-noise-roundtable>(Attachment 4). 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: Governance Element: 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. 2.6 Responsive to Community Needs.Continue to be responsive to community inquiries, providing public information and recording feedback from community interactions. 4.1 Regional Governance.Play an active role in the South Bay Cities Council of Governments, the Southern California Association of Governments and other regional agencies to protect and promote the interests of the City. 4.3 Collaboration with Adjacent Jurisdictions. Maintain strong collaborative relationships with adjacent jurisdictions and work together on projects of mutual interest and concern. Fiscal Impact: There is no fiscal impact associated with the recommended action. Attachments: 1. City Letter of Interest and Notice of Delegate(s) 2. LAX/Community Noise Roundtable Supplemental Information 3. Link to LAX/Community Noise Roundtable Meeting Details 4. Link to LAX Noise Management Information Respectfully Submitted by: Nico De Anda-Scaia, Assistant to the City Manager Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 5/3/2022Page 2 of 2 powered by Legistar™468 City of Hermosa Beach Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 November 13, 2018 Mr. Denny Schneider, Chairman LAX/Community Noise Roundtable C/O Katherine Pantoja, LAWA Noise Management 1 World Way, P.O. Box 92216 Los Angeles, CA 90045 Re: City of Hermosa Beach Appointments Los Angeles International Airport Community Noise Roundtable Dear Chair Schneider, On behalf of the City Council of the City of Hermosa Beach, I would like to thank you for your continued leadership on the Los Angeles International Airports (LAX) Community Noise Roundtable, and for your organization’s efforts to bring about equitable noise impact reduction of aircraft operations throughout the region. As one of several communities that are impacted by LAX operations, our City Council believes there is value in having a seat at the table and has therefore determined a need for an elected official to be part of the LAX/Community Noise Roundtable moving forward. I am pleased to inform you that on November 13, 2018, the Hermosa Beach City Council appointed an official Delegate and Alternate for membership on the LAX/Community Noise Roundtable. Councilmember _______ has been appointed as the City’s primary Delegate, and Councimember _________ will serve as Alternate to the Roundtable. As Alternate, Councilmember ___________ is empowered to speak and/or vote for the City of Hermosa Beach in the event that the Delegate is unable to attend. We ask that you please add these names to your committee roster, and include them in any future notifications as appropriate. We will also provide the Roundtable staff person, Katherine Pantoja, with contact information for both City representatives. Should you have any follow-up questions, please contact Hermosa Beach Assistant to the City Manager, Nico De Anda-Scaia at ndeanda@hermosabch.org or 310-318-0201. Sincerely, Jeff Duclos, Mayor City of Hermosa Beach 469 1 LOS ANGELES INTERNATIONAL AIRPORT/COMMUNITY NOISE ROUNDTABLE BY-L AWS Article I – Purpose The purpose of these by-laws is to establish guidelines for the internal structure and conduct of meetings of the Los Angeles International Airport (LAX)/Community Noise Roundtable, and its interface with elected and appointed officials and the general public. Article II – Mission The Los Angeles International Airport/Community Noise Roundtable (herein after referred to as Roundtable) is an association of local communities, Los Angeles World Airports, the Federal Aviation Administration (FAA), and airline industry representatives. These parties are interested in participating in an interactive forum to address current aircraft noise issues associated with aircraft operations to, from and at Los Angeles International Airport. It is the intent of the Roundtable to identify noise concerns in the surrounding communities and to recommend courses of action to LAWA, the FAA, or other responsible entity that could reduce noise over affected communities without shifting noise from one community to another. Article III – Membership A city, county, state or federal jurisdiction can participate in the Roundtable by submitting a letter of interest/intent to the Chair of the Roundtable. In that letter, the jurisdiction shall formally designate the official representative of the jurisdiction and an alternate elected official, jurisdiction staff member or a person from that community who is authorized to act in the designee’s absence. There may be a total of three (3) representatives from the Los Angeles City Council. Such members of the Roundtable shall be Council members or Council staff representing Council Districts 11, 10 and 8, as designated by the most recent Census. At such time as district boundaries are redrawn, the Roundtable shall designate the new eligible districts. These representatives shall be voting members of the Roundtable. 470 2 The Executive Director of Los Angeles World Airports (LAWA) shall designate a representative and alternate to the Roundtable. This representative shall be a voting member of the Roundtable. The LAX Area Advisory Committee shall designate a representative and alternate to the Roundtable. This representative shall be a voting member of the Roundtable. The Chair of the Roundtable may designate at-large representatives from recognized legitimate community groups or organizations. These community groups or organizations shall have a formal structure including by-laws, membership and regular meetings to be considered for at-large seats on the Roundtable. These at-large members shall be confirmed by a majority vote of the Roundtable, and will be voting members of the Roundtable. At-large members shall serve a term of two (2) years. They may be re-appointed by the Chair subject to confirmation by a majority vote of the Roundtable. Participation by the Federal Aviation Administration and the airline industry is essential to the success of the Roundtable. The designated representative of the FAA is an ex- officio non-voting member. The designated representative of the airline industry shall be a voting member. A member jurisdiction may withdraw at any time from participation in the Roundtable by a written notice to the Chair. Article IV – Officers of the Roundtable The Officers of the Roundtable shall consist of a Chair, Vice Chair and an Executive Secretary. The Chair and Vice Chair shall continue to hold voting rights during their term. The representative of LAWA or his/her authorized designee shall serve as the Executive Secretary of the Roundtable. A majority of the quorum of the Roundtable shall elect a Chair and Vice Chair to serve a term of two (2) years. Elections shall be held at the same time each year, consistent with the date of election of the first permanent Chair. The Chair and Vice Chair shall have no term limits. A Chair or Vice Chair may withdraw from the position at any time with written notification to the Roundtable. Upon withdrawal of the Chair, and until such time as a new election can be held, the Vice Chair shall serve as the Chair. Upon withdrawal of the Vice Chair, the Chair shall appoint a new Vice Chair, subject to approval of the Roundtable. Article V – Conduct of Meetings All meetings of the Roundtable shall be open to the public. The Chair shall conduct meetings of the Roundtable in accordance with Robert’s Rules of Order and the State of California’s “Ralph M. Brown Act” (Brown Act). Lacking specific direction, the Chair may, at his/her discretion, rule on matters before the Roundtable. 471 3 The Roundtable meetings shall be facilitated by the Roundtable Facilitator. The Facilitator is an impartial, non-voting participant who keeps the Roundtable discussions in accord with the published meeting agenda and ensures the meetings remain on schedule. A Quorum of the Roundtable (Quorum) shall consist of at least twenty-five percent (25%) of voting members representing at least four (4) separate jurisdictions or at-large members’ organizations. A Quorum must be present to vote on an issue, elect a Chair or Vice Chair, or to take a position on legislation or proposed legislation. Article VI – Schedule and Location of Meetings Regular meetings of the Roundtable shall be held on the second Wednesday of every other month or at other dates/times as agreed to by a majority of the members of the Roundtable. Additional meetings may be scheduled if necessary. The official meeting time shall be 7:00 PM unless otherwise agreed to by a majority of the members of the Roundtable. Meetings of the Roundtable shall be held in the Samuel Greenberg Board Room in LAWA’s Administration Building at LAX, or at a location or location(s) agreed upon by a majority of the members of the Roundtable. The site(s) selected shall be easily accessible to the public, with convenient parking, and accessible to the disabled in accordance with the United States Americans with Disabilities Act. Article VII – Notice of Meetings In accordance with the provisions of the Brown Act, notice shall be given at least 72 hours in advance of a meeting. Notice shall include an agenda for each meeting. Said agenda shall be posted at Los Angeles International Airport by the Executive Secretary. Notice shall also be posted on LAWA’s website. Article VIII – Record of Meetings and Availability of Materials The motions, actions and essential elements of each meeting shall be recorded and made available to members of the Roundtable and to the public. The recording shall be reviewed and accepted by the Roundtable, and may be modified by agreement of a majority of the members of the Roundtable present. The Executive Secretary of the Roundtable shall be responsible for the record of the meetings. Materials that are a significant part of the Roundtable’s deliberations shall, whenever possible, be sent in advance to the members via U.S. Mail or electronic mail. A sufficient number of copies of these materials shall also be available in printed form at the Roundtable meetings for the public. 472 4 Article IX – Public Participation Specific opportunities for public comment shall be designated on each meeting agenda, including subcommittee meetings. At the discretion of the Chair, opportunities for public comment may also be offered during discussion of specific topics or during presentations. To ensure orderly conduct of the meeting, a time limit for individual public comments may be established. Unless otherwise stated, the standing time limit for individual public comments is three (3) minutes per commenter. Members of the public who exceed the specified time limit shall be asked to conclude their remarks. Article X – Subcommittees The Chair, at his/her discretion, may appoint subcommittees to work on specific issues to come before the Roundtable. Subcommittee chairs shall be appointed by the Chair and shall be members of the Roundtable. Subcommittee membership shall include appropriate or interested Roundtable and ex-officio members, as well as members of the public with relevant skills, to advise the Roundtable on possible measures to be taken and/or noise abatement actions to be taken. All recommendations of Roundtable Subcommittees shall not be considered final and official until approved by a majority of the members of the Roundtable. Article IX – Amendments to the By-Laws These by-laws may be amended by a majority vote of the Roundtable at any regularly scheduled meeting of the Roundtable. Written notice of any changes shall be provided to the members at least seven (7) days in advance of consideration and action on any proposed amendment(s). Approved by the Roundtable May 8, 2002 Amended by the Roundtable November 14, 2007 Amended by the Roundtable February 11, 2009 Amended by the Roundtable March 9, 2011 Amended by the Roundtable November 8, 2017 473 LOS ANGELES INTERNATIONAL AIRPORT/ COMMUNITY NOISE ROUNDTABLE WORK PROGRAM Revised January 10, 2018 ___________________________________________________________________ INTRODUCTION The Mission of the LAX/Community Noise Roundtable is clearly articulated in the Roundtable’s Bylaws. The mission as stated in Article II of the bylaws is: “The Los Angeles International Airport/Community Noise Roundtable (hereinafter referred to as Roundtable) is an association of local communities, Los Angeles World Airports (LAWA), the Federal Aviation Administration (FAA), and airline industry representatives. These parties are interested in participating in an interactive forum to address current aircraft noise issues associated with aircraft operations to, from and at Los Angeles International Airport. It is the intent of the Roundtable to identify noise impacts in the surrounding communities and to recommend courses of action that could reduce noise over affected communities without shifting noise from one community to another.” (Emphasis added) As stated, the Roundtable’s primary mission is twofold: 1. To identify noise impacts in the surrounding communities, and 2. To recommend courses of action that could reduce noise over affected communities. This Work Program presents the agreed upon actions identified by the Roundtable designed to accomplish one, or both of the aforementioned goals. The Work Program identifies the noise issue, a description of the impact, the areas affected by the noise issue, and the activities to be conducted by the Roundtable designed to address the targeted noise issue. In addition, the Work Program identifies the agency/organization (if any) with primary responsibility for completion of the activity, and assigns a priority for accomplishment of the work. Work Program items are reviewed on an on-going basis at Roundtable meetings. Additionally, the entire Work Program is reviewed on an annual basis to evaluate progress of activities, make course corrections, and to add/remove actions as agreed upon by the Roundtable. The effectiveness of the Roundtable’s efforts depends on the interaction among the parties- at-interest represented by the airport owner, the FAA, the airline industry and community representation. 474 2 A. AIRCRAFT OPERATIONS ________________________________________________________________________ A1. FAA Southern California Airspace Redesign Project Impact Description: FAA initiated the So. Calif. Airspace Redesign Project (SCARP) to improve the safety and efficiency of the Southern California airspace. The FAA began initial work on the project and then stopped the project due to funding cuts. Areas Primarily Affected: Global issue affecting all sectors Mitigation Activities: • Roundtable sent two letters in 2006 to FAA Administrator requesting restoration of funding. FAA responded but did not provide a definitive answer as to whether or not funding will be restored. • LAWA provided information update on the East Coast Airspace Redesign Project in March 2008. • Roundtable issued 3rd letter, in February 2009, to FAA Administrator requesting restoration of funding. FAA did not provide a definitive answer as to whether or not funding will be restored. • In September 2010, HMMH provided a presentation on the airspace redesign project to show the possible effects it has on surrounding communities; in most cases, the project resulted with narrower flight paths, which could cause more noise exposure for residents located directly under the aircraft routes while providing noise relief for others. • In November 2011, LAWA indicated that the FAA has started the conceptual design work for the Optimization of Airspace and Procedures in the Metroplex (OAPM) project for the Southern California area. The purpose of this project is to optimize flight procedures and to improve airspace efficiency in Southern California where possible and where it would not require the preparation of an EIS. It is possible that some of the issues that would be addressed in a comprehensive airspace redesign may be included in this OAPM project. LAWA invited the FAA to present information to the Roundtable which the FAA agreed to do so when it is further along in the project. • In July 2012, LAWA reported that funding is available for the Optimization of Airspace and Procedures in the Metroplex project which is similar to the Airspace Redesign project. • In September 2012, Roundtable sent a letter to FAA to recommend specific changes to various aircraft flight procedures at LAX that may help reduce noise for FAA’s consideration in the OAPM project. FAA responded in January 2014 indicating that it has reviewed the Roundtable’s recommendations and plans to discuss specific options with the Roundtable at a future date. • Throughout 2013, FAA provided periodic updates on the progress of the OAPM project to the Roundtable. FAA indicated they would continue informing the Roundtable as the project moved forward. As of June 2014, the procedure design process of the project was 100% complete. Environmental review for the project was underway and was expected to be completed by mid-2015. • In January 2014, the accepted abbreviation for Optimization of Airspace and Procedures in the Metroplex was changed from OAPM to simply Metroplex or SoCal Metroplex, which are the terms used going forward. 475 3 • In June 2015, the FAA released the Draft Environmental Assessment (EA) for the SoCal Metroplex project and provided a 30-day public comment period. Subsequently, the Roundtable submitted a letter to the FAA requesting a 30-day extension. After receiving a number of requests from other parties as well, the FAA extended the public comment period for 60 days followed by another 30 days resulting in a total public comment period of 120 days. The final deadline for public comments was October 8, 2015. • In July 2015, the Roundtable Facilitator reviewed some of the key proposed flight procedures of the SoCal Metroplex with Roundtable members and pointed out the potential noise implications of the project. The facilitator also reviewed the extent to which the Roundtable’s September 2012 recommendations were incorporated into the Metroplex project and noted that only one of the proposed procedures may partially address the Roundtable’s recommendations. The proposed North Downwind Required Navigation Performance (RNP) arrival procedures may partially reduce overflights for Monterey Park. • In September 2015, the Roundtable submitted a comment letter to the FAA on the SoCal Metroplex project to express concerns about the potential noise implications, to provide additional suggestions on certain proposed procedures, and to comment on other related issues. • In July 2016, LAWA provided a brief overview of the SoCal Metroplex project covering a few key flight procedures, anticipated upcoming project schedule, and efforts made by Roundtable and LAWA thus far. • In September 2016, the Roundtable Facilitator covered highlights of the Final SoCal Metroplex Final EA and the Finding of No Significant Impact/Record of Decision (FONSI/ROD) that were released on August 31, 2016. The FONSI/ROD enables the FAA to begin the phased implementation of proposed procedures beginning in November 2016 and continuing through April 2017. He also covered procedure changes that the FAA made since the Draft EA was published, and reviewed the FAA’s responses to the Roundtable letters (dated Sept. 2012 and Sept. 2015). • In October 2016, FAA representatives attended and participated in the special Roundtable meeting to discuss the details of the FAA’s responses to the two Roundtable letters pertaining to the Metroplex project. The FAA covered each point of the Roundtable comment letters, reviewed each of the Roundtable-recommended noise abatement measures, and explained whether or not the measures were addressed as part of the project. The FAA also reviewed those procedures that were scheduled for implementation in November 2016. • In March 2017, LAWA reviewed and discussed some of the changes associated with key Metroplex flight procedures that were scheduled for implementation in March and April 2017. LAWA also noted potential effects on residential communities associated with those procedures. • In May 2017, FAA provided an update on the Metroplex Project indicating that most Metroplex procedures were implemented with the exception of RNP procedures since these procedures require additional components such as the Terminal Sequencing and Spacing (TSAS) tool and certain aircraft equipment in order to be fully functional. No expected timeframe was provided for RNP implementation. Status: Active Assigned Priority: 10 1 2 3 4 5 6 7 8 9 10 High Low 476 4 LAWA Workload: Low A2. East Departures between 12 AM and 6:30 AM during Over-Ocean or West Ops Impact Description: Aircraft departing to the east between Midnight and 6:30 a.m. when LAX is not in East Ops create a serious noise disturbance to residents of numerous communities that are subjected to these overflights. Areas Affected: Eastern, Southern and Northern Sectors Mitigation Activities: • LAWA provided data to the Roundtable that these operations occur. • In July 2002, Roundtable sent a letter to LAWA to request assistance in arranging for airline representatives to participate in the Roundtable for discussion on east departures. • Chief Pilots of the top 5 airlines committing these departures attended the September 2002 Roundtable meeting. • Roundtable requested LAWA to initiate Part 161 Study to eliminate these departures. • LAWA opened Part 161 Study in June 2005. • Study was on hold in March 2007 pending preparation of new fleet mix forecasts that are consistent with LAX Specific Plan Amendment Study. Part 161 consultants prepared the modeling using the new forecasts. • The fleet mix forecast was finalized on October 1, 2008 and the work on the Part 161 Study has recommenced. • HMMH provided an update on the Part 161 Study in April 2011. • In September 2011, LAWA started sending notification letters to air carriers who departed east during Westerly or Over-Ocean Ops to request them to fill out a form. The form requests specific information about each operation including the reason for the east departure, wind speed and direction, weight of the aircraft, and other relevant information. The intent of this voluntary measure is to discourage air carriers from departing east when possible. • HMMH provided updates on the progress of the Part 161 Study in March and November of 2012. • In December 2012, Roundtable submitted an official comment letter to LAWA during the Part 161 Public Review/Comment Period to express its support and appreciation of LAWA’s efforts to complete the Part 161 Study. • LAWA completed the study and submitted the application to FAA in January 2013. • In May 2013, LAWA reported that the FAA determined the Part 161 application to be incomplete and requested LAWA provide additional information for five areas where the FAA felt the submittal fell short of the Part 161 requirements. In June 2013, LAWA submitted the revised information to FAA for review, which they again determined to be incomplete and provided additional direction. LAWA again worked with the FAA to ensure that the submittal would meet all of the Part 161 requirements. • In July 2014, the Roundtable Facilitator reported that the FAA deemed LAWA’s Part 161 application complete and the FAA planned to subsequently render a decision approving or disapproving the proposed restriction. He also reviewed the history and process of Part 161 and noted the extreme difficulty of receiving FAA approval on 477 5 proposed airport noise restrictions since the enactment of the 1990 Airport Noise and Capacity Act. • In July 2014, the Roundtable sent two letters regarding the Part 161 restriction: one addressed to the FAA to express support for LAWA’s FAR Part 161 application and the other to the surrounding communities to urge them to submit their own letters in support of the proposed restriction. • In November 2014, LAWA reported that it received a decision from the FAA indicating the disapproval of the Part 161 application as it had failed to meet three of the six statutory requirements. In March 2015, LAWA provided a detailed Roundtable briefing regarding the FAA Part 161 determination; LAWA acknowledged acceptance of the FAA’s decision and does not plan to pursue the proposed restriction any further. Ongoing Actions: • LAWA to continue to monitor non-conforming east departures and provide statistical updates to the Roundtable. This update is currently scheduled for January and July of each year. • LAWA will continue to send notification letters to air carriers who departed east during Westerly or Over-Ocean Ops to request them to fill out a form as a way to deter such operations. Status: Active Assigned Priority: LAWA Workload: High A3. Early Turn of Aircraft Departing to the West Impact Description: Aircraft departing to the west turn before crossing the shoreline overflying communities causing noise disturbances. This item includes early turn issues related to the three LAX RNAV departure procedures HOLTZ, OSHNN, and KARVR off of Runway 25R, aircraft given an offset to avoid wake turbulence or traffic, and due to wind drift. Areas Primarily Affected: Southern Sector (El Segundo), Northern Sector (Playa Del Rey) Mitigation Activities: • LAWA monitored above mentioned RNAV departure procedures and reported the issues associated with these procedures to FAA. • In early 2007, LAWA worked with FAA to adjust the RNAV procedures to reduce aircraft from flying over the communities. Revised procedures were sent from FAA TRACON to FAA Oklahoma City Division for review and consideration. • FAA published revised RNAV procedures in December 2007 to help reduce early turns from runway 25R departures. • In March 2012, LAWA increased its effort with its Early Turn Notification Program by sending notices to aircraft operators on a more frequent and timely basis. In most cases, the notices are sent directly to the chief pilots via email. 9 1 2 3 4 5 6 7 8 9 10 High Low 478 6 • In July 2012, LAWA invited SkyWest, Southwest, American, and United to the Roundtable to learn more from the pilot’s perspective of why early turns occur and to explore the possibility of reducing these operations. SkyWest’s representative attended the meeting and provided a thorough explanation of why early turns occurred but did not offer any solution to minimize these operations. • In July 2012, LAWA asked FAA to look into the possibility of not referencing the LAX VOR when issuing turning instructions to aircraft departing at LAX as this practice would most likely result in aircraft turning early. FAA representative indicated that he will look into that possibility. o In April 2013, FAA air traffic controllers started referencing the shoreline instead of the VOR when issuing routine turning instructions to aircraft as a way to reduce early turns. To maintain safety requirements, controllers may still direct aircraft to turn prior to the shoreline when necessary. • Roundtable’s letter to FAA on OAPM (Metroplex) recommendations dated September 2012 included suggestions to 1) explore options that could help pilots and controllers to reduce early turn operations and 2) explore the possibility of adding a waypoint in the RNAV procedures or use other emerging technologies to assist pilots in identifying the shoreline during IFR conditions that could in turn help reduce early turns. o In October 2016, FAA responded that the proposed waypoints were too close to the runway end for the aircraft’s flight management system to detect. As an alternative, the FAA placed waypoints further out over the ocean to help reduce early turn operations. Ongoing Actions: • LAWA to continue its Early Turn program by monitoring early turns and notifying the FAA and the airlines when they occur. • LAWA to continue providing statistical updates of early turn operations to the Roundtable. This update is currently scheduled for January and July of each year. Status: Active Assigned Priority: LAWA Workload: Medium A4. Missed Approaches/Go-Arounds Impact Description: At times aircraft arriving at LAX are required to abort their landing and execute a missed approach procedure. Historically, aircraft executing a missed approach have impacted the communities to the north and south of the airport depending on the runway complex they were originally assigned. Areas Primarily Affected: Northern and Southern Sector Mitigation Activities: • Letter sent to FAA in July 2002 requesting revisions to procedures. 9 1 2 3 4 5 6 7 8 9 10 High Low 479 7 • FAA presentation to Roundtable reported that arriving aircraft having to go around will maintain runway heading unless aircraft on adjacent runway starts take-off roll, and only then will be turned over the communities. • The South Airfield Improvement Program (SAIP), which began in July 2006 and has since been completed, caused an increase in the incidence of overflights of El Segundo. LAWA staff has provided information to the FAA and the Roundtable to establish a record of over flight events before and after the runway project for both the northern and southern sectors. • In July 2012, LAWA invited SkyWest and other airlines to the Roundtable to explore the possibility of reducing go-around operations. SkyWest’s representative attended the meeting and indicated that there wasn’t anything that SkyWest can do to minimize these operations. • In September 2015, LAWA reported that the closure of RWY 24R/6L for approximately 3 months that commenced in late June 2015 for the Runway Safety Area construction had temporarily caused an increase in the incidences of aircraft executing go-arounds that overflew residential communities. These events decreased following the reopening of Runway 24R/6L in early October 2015. Ongoing Actions: • LAWA to continue to monitor go-around operations and provide statistical updates to the Roundtable. This update is currently scheduled for January and July of each year. Status: Active Assigned Priority: LAWA Workload: Medium A7. Extended Downwind Approach Impact Description: Aircraft arriving to LAX from the west and the north utilize an extended downwind approach at times. During certain weather conditions causing low visibility at LAX, and during periods of heavy air traffic, the downwind portion of this approach extends a substantial distance to the east. Because of changes in topography in some of these communities, aircraft flying this approach create significant noise impacts to these communities. Areas Primarily Affected: Eastern Sector (Monterey Park, San Gabriel Valley) Mitigation Activities: • In early 1998, LAWA staff developed a radar “gate” system for obtaining over flight information. • A report was prepared by the Wadell Engineering Corp. for the City of Monterey Park: Overflights By Aircraft Arriving at Los Angeles International Airport, December 1999. This report offered six alternatives: 1. Reduce the number of flights 9 1 2 3 4 5 6 7 8 9 10 High Low 480 8 2. Redirect flights to other airports 3. Switch the altitude requirement where aircraft intercept the ILS between the north and south runway complexes so that the altitude over Monterey Park will be higher. 4. Increase the glide slope angle for the north runways 5. Formalize a high altitude cross-over procedure to the southern runways 6. Formalize a flight track from the Santa Monica VOR to narrow the spread • Letter to the FAA, dated November 2002, asking for five mitigation actions (1, 3-6 from above mentioned report.) Response from the FAA on three of the suggested actions included items 2, 3 and 4 noted above. • Report from the Flight Track Data Subcommittee, August 2002, included LAWA staff measurements. • Worked with FAA Air Traffic to recommend they develop changes in standard approach procedures. • Roundtable’s letter to FAA on OAPM (Metroplex) recommendations dated September 2012 included suggestions to 1) increase the minimum altitude as much as possible for aircraft on the extended downwind and base legs of the approach to reduce noise and 2) explore options to reduce the requirement of using the extended downwind approach as a way to minimize Monterey Park overflights. • In July 2015, based on review of the Metroplex proposed procedures, the Roundtable Facilitator indicated that the proposed North Downwind Required Navigation Performance (RNP) arrival procedures may partially reduce overflights for Monterey Park. Some aircraft will still fly over Monterey Park since the FAA controllers have the option of vectoring aircraft to fly further east on the north downwind leg for safety, weather and traffic considerations, and for aircraft not equipped to fly RNP procedures. • In July 2016, a resident, who was also a Planning Commissioner, from City of Monterey Park, speaking on behalf of the City, provided several recommendations to improve the noise situation in Monterey Park for the Roundtable’s consideration. • In September 2016, the Roundtable Facilitator evaluated each of these recommendations, and provided his independent assessment and suggestions to the Roundtable. The item was continued at the November 2016 meeting for further discussion. • At the November 2016 meeting, the Roundtable decided to defer action on the proposals presented in July 2016 until after the Metroplex implementation in order to determine whether the proposed North Downwind RNP procedure may result in fewer aircraft operating on the extended downwind approach procedure. • At the November 2016 meeting, members from the Cities of Monterey Park, Montebello, and Rosemead requested receiving the statistical update for the Extended Downwind Approach over Monterey Park on a monthly basis. LAWA agreed to provide this information monthly. • In May 2017, LAWA provided an initial comparison of the Extended Downwind Approach before and after the implementation of Metroplex. The comparison showed a concentration of flights on the downwind leg of the north arrival pattern indicating RNAV STAR procedures (IRNMN, HUULL, and RYDRR) are in use after Metroplex implementation. However, a dispersion of flights still exists on the base leg of the pattern, where the turn is designed to occur between the 110 and 710 freeways, suggesting that the RNP arrival procedure is not in use yet. The RNP procedure is dependent on the TSAS tool and aircraft equipage in order to be operational. • In August 2017, the Roundtable submitted a letter requesting that FAA expedite deployment of the TSAS tool for the SoCal TRACON as a way to move the RNP procedure implementation forward. FAA responded in September 2017 that 481 9 modifying the schedule of the TSAS tool deployment for the SoCal TRACON would adversely affect the entire schedule for all FAA facilities; therefore, it is unable to accelerate the TSAS deployment at the SoCal TRACON. FAA noted the TSAS tool is scheduled for deployment in the 2nd Quarter of Fiscal Year 2020 for the SoCal TRACON facility. Ongoing Actions: • LAWA to continue monitoring extended downwind approach operations and provide statistical updates to the Roundtable at the March and September meetings each year. • LAWA to provide monthly statistical updates covering the Extended Downwind Approach operations to Monterey Park, Montebello, and Rosemead. Status: Active Assigned Priority: LAWA Workload: Low A9. Departures on Runway 25L Impact Description: Aircraft departing from RWY 25L create noise disturbances to the communities south of LAX, especially during the nighttime hours. Areas Primarily Affected: Southern Sector (El Segundo) Mitigation Activities: • In July 2010, LAWA looked into 25L departures at nighttime and discovered that, in most cases, 25R closure was the cause for aircraft to depart on 25L. LAWA also looked into the possibility of minimizing closure on 25R as a way to reduce overall 25L departures. LAWA reported that the practice of minimizing closure is already in place since it consolidates all maintenance work during a planned closure and closes 25R on a reduced timeframe. • In November 2012, LAWA inquired FAA Tower personnel about the possibility of minimizing departures on Runway 25L. FAA representative explained that controllers will assign aircraft from the Central Terminal Area to Runway 25R for departures, but noted that GA and Cargo aircraft whose facilities are located south of the outboard runway must cross two active runways to depart on 25R, which is a safety concern due to the potential for runway incursions. Despite this challenge, FAA has managed to assign more GA and Cargo aircraft to 25R than 25L for departures. • In May 2013, LAWA inquired Fed Ex at the Roundtable meeting about the possibility of having Fed Ex pilots request Runway 25R for each departure as a way to minimize aircraft departing on Runway 25L. In November 2013, Fed Ex indicated that all of its pilots are requesting the inboard runway (25R) for 7 1 2 3 4 5 6 7 8 9 10 High Low 482 10 departures at LAX with the understanding that the FAA controller may not grant the request or that the inboard runway may be closed during that time. • In May 2014, Roundtable Facilitator provided a briefing on the LAX Preferential Runway Use Report which examined the effectiveness of the Preferential Runway Use Policy at LAX. The report indicated that adherence to the Policy continued to be high with over 90% of the operations complying with the Policy and included recommendations to further improve adherence. The report was prepared and submitted to Caltrans as part of the Title 21 Noise Variance process. Ongoing Actions: • LAWA to continue to work with the FAA in an effort to minimize the use of 25L for departures. • LAWA to continue to monitor runway utilization on the south complex and provide periodic statistical updates to the Roundtable. This update is currently scheduled for May and November of each year. Status: Active Assigned Priority: LAWA Workload: Medium A10. Turboprop Community Overflights Impact Description: Turboprop aircraft departing to the south with destinations to the east overfly the PV Peninsula and Torrance heading to the Seal Beach VOR. Areas Primarily Affected: Southern Sector (PV Peninsula, Torrance) Mitigation Activities: • In 2002, FAA has routed most turboprops off the PV Peninsula, with only ONT, PSP and SNA operations overflying communities. • Roundtable sent a letter to FAA, in May 2003, to request remaining aircraft to be routed offshore from Palos Verdes Peninsula. • Roundtable sent a letter to FAA, in February 2004, requesting the floor altitude of the Class B airspace to be increased near PV Peninsula. FAA did not make the requested change. • FAA established and implemented the HOLTZ, KARVR and OSHNN RNAV departure procedures, in late 2004, to move jet departures that would be flying the LAXX DP further offshore with the intent of possibly moving more turboprops over the ocean. • FAA developed a new RNAV procedure for turboprop aircraft called JEDDD in April 2008 to reroute turboprops further offshore from the PV Peninsula. Testing is required before the procedure can be utilized. FAA anticipated that the procedure will be active by April 2010. The JEDDD procedure will not reroute turboprops with destinations to ONT, PSP, and SNA. FAA will explore alternative options for these aircraft. 5 1 2 3 4 5 6 7 8 9 10 High Low 483 11 • In December 2010, Roundtable sent a letter to FAA to inquire the status on the JEDDD procedure. In January 2011, FAA responded to indicate that it decided not to implement the procedure because, through testing, it was not able to maintain aircraft separation between jets and turboprops without vectoring aircraft off the JEDDD route. However, FAA noted that it will explore other options such as redesigning the JEDDD procedure or creating an entirely new RNAV procedure for turboprop aircraft. • Roundtable’s letter to FAA regarding OAPM (Metroplex) recommendations dated September 2012 included suggestions to 1) explore options of redesigning the JEDDD procedure that will meet all necessary requirements to allow full implementation of the procedure, 2) reroute the remaining turboprop aircraft that are currently overflying the Peninsula to offshores routes, and 3) if option 2 proves infeasible, then increase the minimum altitude of turboprop aircraft that overfly the Peninsula. • In October 2016, FAA confirmed the cancellation of the JEDDD procedure due to aircraft separation issues as noted previously in the FAA’s January 2011 response letter. The FAA indicated that developing a new departure procedure for turboprop aircraft would require Class B airspace modification, which is outside the scope of the Metroplex project. Furthermore, the FAA indicated that the turboprop traffic at LAX has decreased significantly since SkyWest retired its turboprop aircraft in mid- 2015. • In July 2017, LAWA provided a preliminary analysis indicating an increase in lower altitude turboprop operations over PV Peninsula. This may have occurred due to Mokulele Airline’s Cessna Caravan performance characteristics and an FAA altitude restriction in place for this aircraft type. LAWA is working with FAA to obtain a better understanding of this issue and plans to report back to the Roundtable at a later date with more information. Ongoing Actions: • LAWA to continue monitoring turboprop operations and provide statistical updates to the Roundtable. This update is currently scheduled for May and November of each year. Status: Active Assigned Priority: LAWA Workload: Medium A12. Noise Exposure From A320 Family of Aircraft Impact Description: Researchers in Europe have identified a high-pitched noise from the older A320 family of aircraft as the aircraft descends for landing, caused by air flowing across open cavities under the wing. The noise can be heard several miles from the runway before the deployment of landing gear. Researchers have developed a simple solution called the Vortex Generator that solves this particular problem. The Vortex Generator is a small metal device placed in front of the open cavities that changes the air flow and reduces the noise by 2 dB to 6 dB. Airbus is already placing vortex generators on newly 5 1 2 3 4 5 6 7 8 9 10 High Low 484 12 manufactured aircraft and Lufthansa and Air France are retrofitting their existing aircraft that operate in Europe. August 2014 statistics indicate that approximately 17% of the total arrivals at LAX are comprised of A320 family aircraft. The Roundtable is interested in recommending that airlines install the device on their existing A320 aircraft to help reduce noise for airport communities in the U.S. Areas Primarily Affected: Global issue affecting all sectors Mitigation Activities: • In January 2015, LAWA reached out to O’Hare Noise Compatibility Commission (ONCC) to learn more about its outreach efforts. ONCC submitted letters to two airlines to encourage them to install the vortex generators on their aircraft. One of the airlines responded and said that they preferred to invest their limited resources in new aircraft as new planes have greater effects on noise reduction. LAWA also reported that it has reached out to Airbus to learn more about the vortex generator installation. • In March 2015, LAWA reported that Lufthansa spent about 5-6 million Euros to retrofit all of its 157 A320 aircraft with vortex generators. Germany’s Frankfurt Airport provides Lufthansa with a 40% discount on their landing fees as incentive to retrofit A320s with the device. Currently, no such incentive exists in the U.S., and in fact is prohibited by federal law. • In September 2015, the Roundtable Facilitator began evaluating several strategies to move this work program item forward, and will provide more information at subsequent meetings. • In March 2016, the Roundtable Facilitator reviewed several strategies to encourage U.S. airlines to install vortex generators on their fleet of A320 aircraft. These strategies included obtaining Congressional funding support, offering reduced landing fees to airlines, partnering with an airline to serve in a champion role, and partnering with another airport to urge the airlines to do so. Research suggested that the options involving financial incentives are not feasible as they could be time consuming, costly to implement, and would likely be challenged by the FAA and the airlines as being discriminatory. Therefore, the most viable option was to continue pursuing this effort without incentives. • In May 2016, LAWA reported that it had submitted a letter to United Airlines to request the installation of the vortex generators on their A320s. Two other airports, SFO and ORD, also submitted letters to United. • In December 2016, United responded to indicate that it has agreed to install the vortex generators on its A320s with the first aircraft retrofit expected to be completed in early 2017, and subsequent aircraft to be completed at a rate of two per month. • In November 2017, the Roundtable Facilitator provided an update on United’s A320 Vortex Generator Retrofit Program, which will retrofit over 150 aircraft and take several years to complete. The retrofit is performed during scheduled heavy maintenance at a rate of about 2 to 3 aircraft per month. Status: Active Assigned Priority: 485 13 LAWA Workload: High A13. LAX Jet Aircraft Flying Over Long Beach Impact Description: In 2016, residents from Long Beach reported that they noticed more aircraft flying over their neighborhoods than previously. Areas Primarily Affected: Southern Sector (Long Beach) Mitigation Activities: • In December 2016, LAWA conducted a preliminary analysis of aircraft departing from LAX that fly over Long Beach. The analysis compared flight operations for one month (October) within each year, from 2011 through 2016. The results indicated a noticeable increase in jet departures in October 2016 as compared to October 2015 with jets flying at high altitudes (average of 16,000 ft.) over this area. • LAWA to conduct an additional analysis of LAX’s jet arrivals and departures that fly over Long Beach to obtain a better understanding of this issue. Status: Active Assigned Priority: LAWA Workload: Medium A14. Aircraft Not Adhering to Minimum Altitude Requirements at DAHJR and GADDO waypoints under the North Downwind Arrival procedures (HULLL, IRNMN, and RYDRR) Description: Under the SoCal Metroplex Project, three RNAV arrival procedures (HUULL, IRNMN, and RYDRR) have a minimum altitude restriction at DAHJR waypoint and a proposed minimum altitude restriction at GADDO waypoint. Since the implementation of these procedures in April 2017, most aircraft are still flying below the minimum altitudes at both waypoints. Aircraft flying below the minimum altitudes cause noise disturbances for residential communities under the flight path. Areas Primarily Affected: West Adams, Jefferson Park, Adams-Normandie, University Park, Council Districts 8 & 10 Mitigation Activities: 9 1 2 3 4 5 6 7 8 9 10 High Low 5 1 2 3 4 5 6 7 8 9 10 High Low 486 14 • In September 2017, LAWA presented an altitude data comparison for the LAX North Downwind Arrivals at DAHJR waypoint indicating there has been a concentration of flights traveling along the north downwind route towards the DAHJR waypoint, and aircraft were flying at similar altitudes before and after Metroplex implementation. • In September 2017, the Roundtable held a special meeting to review flight procedures and submit several comment letters to the FAA pertaining to proposed revisions of HUULL, IRNMN, and RYDRR that include a new minimum altitude restriction of 6,000 feet at waypoint GADDO. • In October 2017, the Roundtable submitted a letter to FAA requesting that air traffic controllers require aircraft to adhere to the 6,000 ft. minimum altitude at DAHJR waypoint, especially during nighttime and early morning hours. • In November 2017, FAA responded to the Roundtable letters dated 9/23/17 and 10/1/17 indicating that it cannot discuss these matters at the present time due to the FAA’s current participation in a court-ordered confidential mediation program. After the mediation process is complete, the FAA will respond. • In November 2017, the Roundtable submitted a letter responding to the FAA’s declination to brief the Roundtable on information regarding flight procedures that were open for public comment. • In November 2017, the Roundtable requested that LAWA provide monthly altitude data at DAHJR and GADDO waypoints. LAWA provided the data and will continue providing altitude data at these two waypoints on a monthly basis. • In December 2017, the Roundtable submitted a letter to the FAA inviting representatives from So Cal TRACON, LAX Tower, and Procedure Design Team to attend the January 10, 2018 and future Roundtable meetings to discuss air traffic control practices, procedure design processes, and aircraft noise issues pertaining to the HUULL, IRNMN, and RYDRR procedures. Status: Active Assigned Priority: LAWA Workload: High A15. Aircraft Noise Affecting 360 at South Bay Community Impact Description: Residents from 360 at South Bay Community reported that they experienced loud noise from LAX aircraft operations beginning in November 2015 and continuing to present. Areas Primarily Affected: 360 at South Bay Community in Hawthorne Mitigation Activities: • In November 2017, the Hawthorne Roundtable representative invited residents from the 360 at South Bay Community to the Roundtable meeting to express their concerns about increased noise and requested LAWA to conduct a study to determine the causes of increased aircraft noise and make noise reduction recommendations, if possible. 10 1 2 3 4 5 6 7 8 9 10 High Low 487 15 • LAWA to conduct the requested study and report the findings to the Roundtable. Status: Pending Assigned Priority: LAWA Workload: High ________________________________________________________________________ B. NOISE MONITORING AND REPORTING ________________________________________________________________________ B1. Low Frequency Noise Impact Description: Low Frequency Noise (LFN) from LAX affects numerous communities, including ones located miles away from LAX. LFN travels far distances and is invisible to structures, so is very difficult to mitigate via sound insulation. Areas Primarily Affected: Global issue affecting all sectors Mitigation Activities: • The full Roundtable and the Noise Subcommittee received two technical presentations from Mr. Sanford Fidell of Fidell & Associates on LFN in summer 2004. • Roundtable recommended that the FAA conduct further research on the topic. • LAWA initiated LFN data collection on ANOMS as of February 18, 2010. • In September 2010, HMMH provided an updated presentation on LFN including a summary report on PARTNER’s LFN Study. • In September 2010, LAWA presented the LFN data received from the noise monitoring system. Initial review of those data indicated that noise monitors that were closer to the aircraft register more noise events than those that were further out. Status: Active Assigned Priority: LAWA Workload: Low 7 1 2 3 4 5 6 7 8 9 10 High Low 5 1 2 3 4 5 High Low 488 16 B2. Evaluate the 60 dB CNEL Noise Contour for Eligibility for Sound Insulation Impact Description: Persons living outside LAX’s 65 dB CNEL noise eligibility contour (4Q1992), but within the 60 dB CNEL contour are not eligible for noise insulation, but are impacted by the noise from LAX operations. LAWA currently cannot produce an accurate 60 dB CNEL noise contour, but will be able to do so once the new ANOMS noise monitoring system is operable. Areas Primarily Affected: Global Issue affecting all sectors Mitigation Activities: • LAWA to produce the 60 dB CNEL noise contour once one year’s monitoring is completed using the new ANOMS system after it has been approved by Caltrans. • Roundtable to evaluate the possibility of using the 60 dB CNEL contour as a soundproofing eligibility contour when the contour is produced, and request LAWA to adopt for soundproofing eligibility. • From 2008 to 2009, LAWA staff participated in the Airport Cooperative Research Program in which it appointed HMMH to conduct study and survey of the various programs offered by airports in the U.S. to address noise issues outside of the 65 DNL/CNEL noise contour. Study is now complete and the report entitled “Compilation of Noise Programs in Areas Outside DNL 65” is available online at http://onlinepubs.trb.org/onlinepubs/acrp/acrp_syn_016.pdf. • In March 2010, HMMH provided the Roundtable a presentation summarizing the results of the ACRP project. • In 2014, ACRP published Web-Only Document 17: Research Methods for Understanding Aircraft Noise Annoyances and Sleep Disturbance. • Largely based on the above research, FAA is performing an annoyance survey that will be sent out to communities in the vicinity of 20 undisclosed U.S. airports. The study will likely conclude in 2016, with results analyzed and published in 2017. The FAA may then consider whether a change in the current noise policy is required, including altering the current standard of 65 DNL (similar to CNEL used in California). Status: Active Assigned Priority: LAWA Workload: Medium B3. Ground Run-ups During Restricted Hours (2300 to 0600 hrs.) Impact Description: Ground run-ups during the hours of the restriction create noise disturbances during these noise sensitive hours to the surrounding communities. There is currently no effective way to actively monitor all run-up activities at LAX. Areas Primarily Affected: 4 1 2 3 4 5 High Low 489 17 Northern Sector, Southern Sector Mitigation Activities: • Ground run-up monitoring system was built as part of the LAX Noise Monitoring System replacement project. The system allows LAWA to monitor certain run-up activities at LAX and to evaluate the noise impact of such events. • LAWA provided a presentation in May 2008 on the installation of a ground run-up monitoring unit at the Fed Ex maintenance facility. • LAWA provided a status update in March 2009 indicating that the installation of the GRU monitoring unit is completed. • Certain GRU software functionalities have been integrated into ANOMS. • In September 2015, LAWA provided an overview of the Ground Run-up Enclosure (GRE) siting and feasibility study. The purpose of this study was to determine a feasible location at LAX to build the GRE, and to assess its noise reduction performance. The study identified two potential sites to be the most suitable for the GRE installation and indicated the noise reduction performance to be favorable. LAWA is moving forward with the next step which is to conduct the environmental review for the two potential sites. Status: Active Assigned Priority: LAWA Workload: Medium B4. Review Use of Single Event Noise Metrics Impact Description: Noise Subcommittee has reported to Roundtable regarding use of single event noise metrics. Areas Primarily Affected: Global Issue affecting all sectors Mitigation Activities: • At the March 13, 2002 meeting, Mr. Bill Albee of Wyle Labs made a presentation on alternative noise metrics including single event metrics to the Roundtable. • At its meeting of February 8, 2006, the Noise Subcommittee noted the need to acquire single noise event data from the new ANOMS. • LAWA will provide information to the Roundtable on the capability of the new ANOMS to provide single event metrics. Status: Active Assigned Priority: LAWA Workload: Medium 3 1 2 3 4 5 High Low 3 1 2 3 4 5 High Low 490 18 B5. Status Report on Soundproofing Program Description: The Soundproofing Program reduces interior noise levels for residents who live within the 65 CNEL boundary by providing acoustic modifications to their homes. LAWA manages the soundproofing program for residents in the City of Los Angeles and provides funding for agencies in other municipal jurisdictions (County of Los Angeles, City of El Segundo, and City of Inglewood) to perform soundproofing for their respective residents. Areas Primarily Affected: Global issue affecting all sectors Mitigation Activities: • LAWA started providing annual status report on the soundproofing program in 2012. • In September 2012, Roundtable sent a letter to the FAA expressing concerns with the new Program Guidance Letter (PGL) for Airport Sound Insulation Programs. The PGL includes stricter requirements for residents to qualify for sound insulation such as requiring the interior noise level of residential properties that are within the noise impact area to be at or above 45 dB in order to qualify for the program. No response was received from the FAA. The FAA is moving forward with the stricter requirements for the sound insulation programs as set forth in the PGL. • In January 2014, LAWA reported that it has started the process to update the LAX Part 150 Noise Exposure Maps (NEMs) to ensure sound insulation programs continue to receive funding from FAA. • Throughout 2014 and 2015, the Roundtable Facilitator provided the Roundtable with periodic updates on the LAX Part 150 NEM Update project. • LAWA hosted public workshops for the LAX Part 150 NEM Update to afford the public the opportunity to learn more about the project and to submit comments. Public workshops were held in May 2014 and May 2015. • The final LAX NEM document was submitted to the FAA on September 23, 2015 for official review. • In February 2016, the FAA notified LAWA that it has accepted the LAX NEMs. The 2020 NEM will be used to determine eligibility for participation in the noise mitigation programs at LAX. Ongoing Actions: • LAWA to continue providing annual status report on the soundproofing program. Status report for this item is currently scheduled for July of each year. Status: Active Assigned Priority: LAWA Workload: Low 2 1 2 3 4 5 High Low 491 19 _______________________________________________________________________ C. NOISE AND AVIATION INFORMATION ________________________________________________________________________ C1. Establish Working Relationships with Other Roundtables Impact Description: Roundtable membership desires to establish formal ongoing working relationships with other airport noise Roundtables or other community forums. Areas Primarily Affected: Global Issue affecting all sectors Mitigation Activities: • Roundtable sent copies of letters to SFO and ORD (O’Hare) noise commissions/roundtable. • In July 2009, David Carbone, Program Manager of the SFO Roundtable, attended the LAX Roundtable to provide a presentation on SFO Roundtable and to establish a working relationship between the two Roundtables. • In November 2011, Roundtable facilitator pointed out the benefits and drawbacks of establishing working relationships with other roundtables and provided recommendations on ways to allow for increased connectivity with other organizations. He also sought input from Roundtable members as to what they wish to get out of from having working relationships with other roundtables. As members did not provide any immediate ideas at the meeting, LAWA sent a follow- up email to ask them for their suggestions. No responses were received. • In January 2014, a representative from Portland International Airport (PDX) attended the Roundtable meeting to provide a presentation about PDX’s Citizen Noise Advisory Committee and noise management programs. • In November 2014, representatives from the SFO Roundtable provided an update on the SFO Roundtable activities as well as the FAA Metroplex Project for the San Francisco Bay Area. • In September 2017, an SFO Roundtable representative provided a briefing on the organization and operation of the SFO Roundtable and its programs to reduce aircraft noise including its efforts related to the NorCal Metroplex Project. Ongoing Actions: • Roundtable Facilitator will continue to arrange for guest speakers from other airport noise forums. Status: Active Assigned Priority: N/A LAWA Workload: Low C2. Briefings on Technical Advances Within the Industry Impact Description: 492 20 The Roundtable needs to be informed of the evolving technology in aircraft engine and airframe, airspace utilization, and airline marketing as it relates to noise impacts in surrounding communities. Areas Primarily Affected: Global Issue affecting all sectors Mitigation Activities: • Presentation by the Roundtable consultant of the Wyle Labs “before-and-after study” of single event noise impacts at Eagan, MN as a result of a new runway at MSP – February 8, 2006. • Boeing conducted a presentation on aircraft quiet engine technology on September 13, 2006. • Roundtable Facilitator provided information on retirement of B727 aircraft from UPS and Fed Ex in January 2008. Roundtable sent letter to Fed Ex, in February 2008, to encourage expedited replacement of B727 with quieter aircraft. Fed Ex responded that the aircraft replacement process will take several years to complete. Fed Ex’s presentation at the November 2013 Roundtable meeting indicated that Fed Ex has retired all of their fleet of B727s. No letter was sent to UPS since it does not operate B727 at LAX. • LAWA staff provided information about replacement of B747-200 with quieter A330 aircraft from Northwest Airlines in March 2008. • Pratt & Whitney provided a presentation on its “Geared Turbofan Engine Technology” to the Roundtable in May 2009. • Roundtable Facilitator provided a presentation on Next Generation Air Traffic Control System to the Roundtable in September 2009. • Southwest provided a presentation on RNP procedures to the Roundtable in September 2009. • NASA representative provided a presentation on LAX Oceanic Tailored Arrivals to the Roundtable in January 2010. • In May 2010, Roundtable Facilitator began providing updates on aviation noise information at each meeting. • In July 2010, LAWA subscribed to the Airport Noise Report newsletter and began weekly distribution of the newsletter to Roundtable members. This newsletter provides updates on litigation, regulations, and technological developments as they relate to aviation noise. • In November 2012, the Boeing Company provided a presentation to the Roundtable on various noise reduction technologies that are available on the B737-800, B747- 800, and B787 aircraft. • In July 2013, FAA provided an update on the LAX Oceanic Tailored Arrivals project to the Roundtable. • Throughout 2017, the Aviation Noise News updates prepared by the Roundtable Facilitator documented several technical advances in aircraft noise reduction including: o The roll out of Boeing’s 787-10 with Trent 1000 Ten and Genx-1B engines which incorporate state-of-the-art noise reducing technologies to keep the 85 dBA Lmax contour on the airfield o Boeing and jetBlue’s investment in the development of a hybrid-electric aircraft that would cut community noise by 75 percent o NASA’s transfer of its Terminal Spacing and Sequencing (TSAS) Tool to the FAA for testing, certification, and implementation o Southwest Airlines taking delivery of its first Boeing 737-8 MAX aircraft that is quieter and more fuel efficient than the 737-300 it’s replacing 493 21 Ongoing Actions: • Airport Noise Report and Roundtable Facilitator will continue to provide periodic updates on technical advances within the industry. Status: Active Assigned Priority: N/A LAWA Workload: Low C3. Briefings on Relevant Legislative and Regulatory Actions by International, Federal and State Agencies Impact Description: The Roundtable needs to be informed of actions by agencies that relate to noise impacts in surrounding communities. Areas Primarily Affected: Global Issue affecting all sectors Mitigation Activities: • In September 2001, Roundtable sent a letter to comment on the Draft Update of the National Noise Policy. FAA dropped the update effort. • In September 2001, Roundtable sent letters to Congressional Representatives to oppose H.R. 2107—a bill that would allow federal intervention in local airport decision process. Bill did not pass. • In February 2005, Roundtable made comments via letter to the FAA on proposed actions involving “levels of significance” criteria for NEPA compliance. • Comments on the ICAO Committee on Aviation Environmental Protection actions involving aircraft certification criteria. • In February 2006, Roundtable sent a letter to FAA to comment on FAA Order 5050.4B, which failed to address new noise levels of significance. • In 2007, Roundtable sent letters to FAA and Congressional Representatives to provide support of the FAA Reauthorization Bill. • LAWA provided a status update on the FAA Reauthorization Act of 2009 in June 2009. • In July 2010, Roundtable sent letters to Congressional and Senatorial representatives to urge passage of the FAA Reauthorization Bill and to support two provisions in the bill--funding allocation for airspace redesign projects and elimination of Stage 2 aircraft. Bill was not passed in 2010. • In March 2011, Roundtable sent a letter to the House Subcommittee on Aviation to oppose the Categorical Exclusion provision proposed in S.223 FAA Air Transportation Modernization and Safety Act. Final FAA Reauthorization Bill was passed in February 2012 with Categorical Exclusion provision included. • In July 2011, Roundtable sent letters to Congresswoman Janice Hahn and the Senate conferees to urge them to reinstate the provision in the FAA Reauthorization Bill that provides funding allocation for airspace redesign projects and to reaffirm the Roundtable’s support of the two provisions in the Bill—funding allocation for airspace redesign projects and elimination of Stage 2 aircraft. Bill passed in February 2012. It includes Stage 2 aircraft prohibition and funding for Optimization of Airspace and Procedures in the Metroplex project. 494 22 • In January 2012, Roundtable sent letters to the House and Senate Committees on Aviation Matters to express support for the L.A. Residential Helicopter Noise Relief Act of 2011. Bill did not pass. • In May 2013, Roundtable wrote letters to the House and Senate committees on aviation matters to offer support for the Los Angeles Residential Helicopter Noise Relief Act of 2013. Bill did not pass. In January 2014, Congress passed a separate appropriations bill that included a helicopter provision that directs the FAA to move forward with the voluntary measures as set forth in the FAA’s Report on the Los Angeles Helicopter Noise Initiative. The provision also directs the FAA to develop helicopter regulations, if after one year from the bill’s enactment, the FAA cannot demonstrate the voluntary measures to be effective. • In October 2014, Roundtable submitted a comment letter to FAA opposing use of the Net Noise Reduction (NNR) Method for evaluating noise exposure of Performance Based Navigation (PBN) procedures. The NNR Method would introduce different noise analysis methodologies in the environmental review process to determine qualification for a Categorical Exclusion when implementing PBN procedures, possibly resulting in shifts in noise exposure which are incompatible with the Roundtable By Laws. • In March 2016, the Roundtable submitted a comment letter to FAA to express support for a proposed Stage 5 aircraft noise standard for new aircraft operating in the U.S. and to encourage FAA to include a provision that will phase out existing Stage 3 aircraft as part this proposal. • In March 2017, the Roundtable submitted a letter to the House Subcommittee on Aviation to express support for H.R 598 Airplane Impacts Mitigation Act - a bill that directs the FAA to conduct a study examining the health effects of residents in certain metropolitan areas where the implementation of FAA’s NextGen program has occurred. Bill H.R.598 was referred to the Subcommittee on Aviation on January 20, 2017 and has not been advanced to the floor for a vote. Ongoing Actions: • With access to the Airport Noise Report and Roundtable Facilitator, roundtable members continue to obtain updates on relevant legislative and regulatory actions as they become available. Status: Active Assigned Priority: N/A LAWA Workload: Low C4. Aircraft Noise Stringency Standards via the ICAO and CAEP Processes Impact Description: Roundtable is interested in increasing the noise stringency standards for aircraft operating at LAX to reduce the noise produced by aircraft arrivals and departures, and reducing the noise impacts to the communities. Areas Primarily Affected: Global Issue affecting all sectors 495 23 Mitigation Activities: • In August 2001, Roundtable sent a letter to FAA requesting that turboprop aircraft be included in ICAO Stage 4 aircraft standards. This request was not honored. • In December 2001, Roundtable sent a letter to Carl E. Burleson of the FAA to request a presentation on Stage 4 standards and CAEP process. Carl Burleson provided the presentation to the Roundtable in March 2002. • In November 2007, LAWA staff participated in the CAEP meetings as an observer for ACI-NA. • LAWA staff continues to work closely with ACI-NA through its Environmental Affairs Committee and the Noise Working Group, as well as directly with the ACI’s ICAO Liaison to influence the CAEP process and attempt to get additional noise stringency standards added to the CAEP Work Program. • In March 2013, Roundtable Facilitator provided an update on the ICAO/CAEP process indicating that CAEP/9 recommended the ICAO Council to adopt the new noise standard of Stage 4/Chapter 4 minus 7 EPNdB that is expected to go into effect in 2017 for newly manufactured large aircraft and in 2020 for newly manufactured small aircraft. • In November 2017, the Aviation Noise News Update prepared by the Roundtable Facilitator documented the FAA’s promulgation of Stage 5 noise standards for new airplanes designs requiring a cumulative 7-dB reduction over the Stage 4 noise standards with at least a 1-dB over Stage 3 standards at each certification measurement site. Airplanes with a maximum certificated takeoff weight of 121,254 pounds or more must comply with the Stage 5 standards on or after December 31, 2017. Airplanes with a maximum certificated takeoff weight of less than 121,254 pounds must comply with the Stage 5 standards on or after December 31, 2020. Ongoing Actions: • Roundtable to continue monitoring future noise stringency actions proposed by ICAO and CAEP and will comment accordingly. • Airport Noise Report and Roundtable Facilitator continue to provide updates on this topic as they become available. Status: Active Assigned Priority: N/A LAWA Workload: Low 496 From: noreply@granicusideas.com <noreply@granicusideas.com> Sent: Monday, November 12, 2018 3:45 PM To: Ann Yang <anny@hermosabch.org> Subject: New eComment for City Council Meeting (Closed Session - 6:00 P.M. and Regular Meeting - 7:00 P.M.) New eComment for City Council Meeting (Closed Session - 6:00 P.M. and Regular Meeting - 7:00 P.M.) Peter Tucker submitted a new eComment. Meeting: City Council Meeting (Closed Session - 6:00 P.M. and Regular Meeting - 7:00 P.M.) Item: 7b) REPORT 18-0691 SELECTION OF DELEGATE AND ALTERNATE TO SERVE ON THE LAX COMMUNITY NOISE ROUNDTABLE (Assistant to the City Manager Nico De Anda- Scaia) eComment: As staff report mentions there was a problem in early 2000 with commercial airliners flow too low over the beach communities. The aircraft were not flying the Daggett loop which required commercial aircraft to be at a minimum altitude of 10,000ft when crossing over the surf line of the beach cities. Hermosa and Manhattan had to purchase a radar to prove to the FAA that the aircraft were too low. The cities proved this by the radar data recorded and the airlines now out of LAX fly this loop correctly. FAA requires that all aircraft fly no than 1,000 feet over densely populated areas (cities), no lower that 500 feet over non-densely populated areas (body of water) and no nearer than 500 feet from any person or structure when flying over any body of water or water or any non-densely populated area. The LAX Daggett loop is being enforced but with the growing demand of commercial flights areas that are contributing to aircraft noise due to the approved flight paths are Hawthorne, Torrance and Long Beach airports. All aircraft are under the control of the FAA for our safety when flying. This is a noble idea to join this effort but people have to realize that aircraft noise is unavoidable when flying at the minimum required altitudes. There is a web site called Flight Tracker where you can see all aircraft in flight their altitude and airline name. View and Analyze eComments 497 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report REPORT 18-0682 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 REQUEST FOR APPROVAL OF SPONSORSHIP DONATION TO THE BEACH CITIES HEALTH DISTRICT’S 20TH ANNUAL HOLIDAY GIFT BAG PROJECT (City Manager Suja Lowenthal) Recommended Action: Staff recommends that the City Council approve a donation of $453.00 to the Beach Cities Health District’s Holiday Gift Bag Project for 2018. Background: As part of the Beach Cities Health District (BCHD) Holiday Gift Bag Project, friendly volunteers have delivered gift bags filled with practical and fun gifts to beach cities seniors and adults with disabilities each holiday season since 1998. Last year, 200 volunteers participated and provided joy and excitement to recipients of the gift bags, many of whom are homebound or live in isolation. The Holiday Gift Bag Project is supported through partnerships with local agencies, civic organizations, service groups, private donations and memorials. BCHD has set a goal to raise $6,000 in donations and one hundred percent of contributions goes to the Holiday Gift Bag Project. Holiday gift bags are filled with essentials such as grocery gift cards, soap, kitchen towels, stamps, flashlights, batteries and more. Additional information on this project as well as a note from one of the holiday bag recipients, can be found at www.bchd.org/holidaygiftbags <http://www.bchd.org/holidaygiftbags> (Attachment 3). This year, BCHD is providing 16 Hermosa Beach clients with holiday gift bags with some of these clients also receiving grocery gift cards. Each gift bag costs approximately $25. The total amount for the Hermosa Beach client gift bags and grocery cards is $453.00. Fiscal Implications: The City of Hermosa Beach has not donated to the Holiday Gift Bag Program in the past. However, donation funds are available from the City Council Special Events Account 001-1101-4319. City of Hermosa Beach Printed on 5/3/2022Page 1 of 2 powered by Legistar™498 Staff Report REPORT 18-0682 Attachment: 1.Letter from Beach Cities Health District 2.Holiday Gift Bag Project Flyer 3.Link to Holiday Gift Bag Project Webpage Respectfully Submitted by: Ann Yang, Executive Assistant Legal Review: Mike Jenkins, City Attorney Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager City of Hermosa Beach Printed on 5/3/2022Page 2 of 2 powered by Legistar™499 500 501 502 Spread Cheer This Year DONATE TO THE 20TH ANNUAL HOLIDAY GIFT BAG PROJECT “Delivering Holiday Gift Bags has become a wonderful part of our family’s annual holiday traditions. Even though they are young, our boys have learned they can still make a positive influence in someone else’s life and the joys of giving back to the community.”- Carrie Anne Blevins The Beach Cities Holiday Gift Bag Program gives more than 250 bags to seniors and adults with disabilities, many who are homebound or live in isolation. Holiday Gift Bags are filled with essentials like grocery gift cards, soap, kitchen towels, stamps, flashlights, batteries and more! Ways to Give Donate. Each gift bag costs approximately $25. For each $25 contribution you make, you may opt to receive a gift card to send to a friend or relative, letting them know that a gift bag has been given in their honor. By donating $100 or more by November 26th, you may have your family or organization’s generosity acknowledged in a letter given to recipients and a published thank you in a local newspaper. Deliver. Volunteer and deliver cheer to an older adult in the Beach Cities this December. The visits help provide clients with joy, companionship and comfort during the holiday season. Interested? Go to www.bchd.org/ holidaygiftbags Questions? Contact: Kate Ekman, Purpose & Engagement Coordinator in Volunteer Services at 310-374-3426, ext. 199 kate.ekman@bchd.org 514 N. Prospect Ave., Suite 102, Redondo Beach, CA 90277 • 310-374-3426 • www.bchd.org 503 YES! I’d like to bring cheer to a disabled or homebound older adult by sponsoring the following: In-Kind Donation: *Make an in-kind donation! If you or your organization is interested in purchasing items from our “wish list” in quantities of 250 for the Holiday Gift Bag project, please contact us for more information. Contact Information: Name: __________________________________________ Name of Organization (if applicable): __________________________________________ Phone: ________________________________ Email: ________________________________ Address: _______________________________ City/state/zip: ___________________________________ Check Payment: Credit card payments can be made at www.bchd.org/holidaygiftbags My check payable to “Beach Cities Health District” is enclosed. Please send me a receipt for this tax deductible donation for my records. Submit this form and check to: Beach Cities Health District Attn: Volunteer Services/Holiday Gift Bags 1200 Del Amo Street Redondo Beach, CA 90277 Snowflake Poinsettia $25 $100 Level Amount Supports Opt to Receive In Honor Of Card In Honor Of Cards #_________ Published Thanks How would you like your name to be listed? _______________________________________ In Honor Of Card(s) (minimum donation $25) #_________ Published Thanks (minimum donation of $100) How would you like your name to be listed? _______________________________________ Other Amount $____ x1 x4 Star $250* In Honor Of Cards #_________ Published Thanks How would you like your name to be listed? _______________________________________ x10 Angel $500 In Honor Of Cards #_________ Published Thanks How would you like your name to be listed? _______________________________________ x50 504 City of Hermosa Beach Staff Report City Hall 1315 Valley Drive Hermosa Beach, CA 90254 Staff Report 18-0692 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of November 13, 2018 TENTATIVE FUTURE AGENDA ITEMS Recommended Action: Staff recommends that the City Council receive and file the tentative future agenda items. Attachments: Tentative Future Agenda City of Hermosa Beach Printed on 5/3/2022Page 1 of 1 powered by Legistar™505 November 8, 2018 Honorable Mayor and Members Regular Meeting of of the Hermosa Beach City Council November 13, 2018 TENTATIVE FUTURE AGENDA ITEMS NOVEMBER 27, 2018 @ 6:00 PM INITIAL COMPLETION DATE CLOSED SESSION: LABOR NEGOTIATIONS NOVEMBER 27, 2018 @ 7:00 PM CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Revenue and Expenditure Reports Finance Director Ongoing City Treasurer’s and Cash Balance Report City Treasurer Ongoing Public Works Project Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Public Works Commission meeting of May 16, 2018, July 18, 2018 and September 19, 2018 Public Works Director Ongoing Planning Commission Tentative Future Agenda Community Development Director Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of November 20, 2018 Community Development Director Ongoing Purchase and installation of Pier Avenue Bus Stop Shelters & Furniture Environmental Analyst New Item Award of Contract for Engineering Assessment Services for Residential Utilities Undergrounding Public Works Director Staff Request Nov 5, 2018 South Bay Workforce Investment Board Quarterly Summary City Manager Ongoing Update of Cal OES Form 130 Authorized Agent Emergency Management Coordinator Staff Request Nov 7, 2018 Resolution of Adopted Procedure for Voting on Board/Commission Appointments City Clerk Council Direction Jul 14, 2015 CONSENT ORDINANCES Consider amendment of the Municipal Code adding Chapter 5.78 to the Hermosa Beach Municipal Code (Tobacco Retailers) requiring licensure of Tobacco Retailers and limiting sale of electronic smoking devices and flavored tobacco products to reduce the illegal sale of tobacco to youth and amending Section 1.10.040 to make violations of Chapter 5.78 subject to administrative penalty procedures City Clerk Aug 2015 PUBLIC HEARINGS – 7:30 PM Consideration of an ordinance to allow and regulate wireless communication facilities in the public right-of-way, and update on AT&T’s proposal for multiple installation of smaller wireless communication facilities to provide replacement coverage to existing sites located at 20th and 29th Court (Continued from meeting of September 25, 2018) Community Development Director Council Direction Nov 28, 2017 MUNICIPAL MATTERS Reinstatement of Accela Professional Services Agreement Community Development Director Staff Request Nov 5, 2018 Adoption of Resolution Authorizing City Clerk Salary Adjustment and Direct Staff to Draft a Ballot Measure for the November 2019 Election City Clerk / City Manager’s Office Staff Request Nov 5, 2018 Hermosa Avenue Crosswalk Treatments Update Public Works Director Staff Request Nov 6, 2018 OTHER MATTERS - CITY COUNCIL Tentative Future Agenda City Manager Ongoing THURSDAY, NOVEMBER 29, 2018 @ 6:00 PM APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE 506 2 DECEMBER 11, 2018 @ 6:00 PM INITIAL COMPLETION DATE CLOSED SESSION: LABOR NEGOTIATIONS DECEMBER 11, 2018 @ 7:00 PM PRESENTATIONS LOCAL CONTEST WINNERS OF THE COUNTY OF LOS ANGELES PUBLIC LIBRARY 2018 CHILDREN’S BOOKMARK CONTEST ANNOUNCEMENT OF THE WINNER OF THE 9TH ANNUAL PARKING PERMIT ART CONTEST CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of November 6, 2018 Community Resources Manager Ongoing MUNICIPAL MATTERS Parking Lot D (Manhattan Ave and 14th Street) Final Designs Environmental Analyst Staff Request Aug. 2018 MISCELLANEOUS ITEMS AND MEETING ATTENDANCE REPORTS - CITY COUNCIL Schedule interviews for City Representative to the Los Angeles County West Vector and Vector-Borne Control District Board City Clerk New Item Approval of City Council 2019 Meeting Schedule City Manager Annaul OTHER MATTERS - CITY COUNCIL Tentative Future Agenda City Manager Ongoing DECEMBER 25, 2018 @ 6:00 PM NO MEETING 507 3 JANUARY 8, 2019 @ 6:00 PM INITIAL COMPLETION DATE CLOSED SESSION JANUARY 8, 2019 @ 7:00 PM CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of December 10, 2018 Community Development Director Ongoing Recommendation to receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of December 4, 2018 Community Resources Manager Ongoing MUNICIPAL MATTERS Parking Lot D (Manhattan Ave and 14th Street) Final Designs Environmental Analyst Staff Request Aug. 2018 OTHER MATTERS - CITY COUNCIL Tentative Future Agenda City Manager Ongoing JANUARY 22, 2019 @ 6:00 PM INITIAL COMPLETION DATE CLOSED SESSION JANUARY 22, 2019 @ 7:00 PM PRESENTATIONS LOS ANGELES COUNTY FIRE SERVICES AND MCCORMICK AMBULANCE QUARTERLY UPDATE CONSENT CALENDAR City Council Minutes City Clerk Ongoing Check Registers Finance Director Ongoing Revenue and Expenditure Reports Finance Director Ongoing City Treasurer’s and Cash Balance Report City Treasurer Ongoing Public Works Project Status Report Public Works Director Ongoing Recommendation to receive and file the action minutes of the Public Works Commission meeting of November 28, 2018 Public Works Director Ongoing Planning Commission Tentative Future Agenda Community Development Director Ongoing Recommendation to receive and file the action minutes of the Planning Commission meeting of January 15, 2019 Community Development Director Ongoing Recommendation to receive and file the action minutes of the Emergency Preparedness Advisory Commission meeting of November 5, 2018 Emergency Management Coordinator Ongoing OTHER MATTERS - CITY COUNCIL Tentative Future Agenda City Manager Ongoing 508 4 PENDING STRATEGIC PLAN ITEMS INITIAL COMPLETION DATE Update Personnel Policies Human Resources Manager Beach Policy/Regulations (Continued from meeting of October 27, 2016) Community Resources Manager Sept-2016 Alternative Fuel Transportation Report Environmental Analyst Nov-2016 Encroachment Direction City Attorney Nov-2016 CCA Direction Environmental Analyst Dec-2016 Phase 3 Parking Meter Purchase Police Chief / Assistant to the City Manager Jul-2017 PENDING NEW ITEMS INITIAL REQUEST Initial Report on Options and Strategies for Installing a Permanent Carousel or other Family Friendly Features at the Entry Point to Pier Plaza. In Cooperation with the Chamber of Commerce, this would include a Preliminary Cost Benefit Analysis and Implementation of the City Decision Making Tool (supported by Duclos and Fangary) Public Works Director Other Matters Tree ordinance with respect to tree removal Public Works Director Staff Request Consideration of re-establishing, on an as needed basis, both funding and discretion for the director of Public Works to contract services to pump major beach storm outfalls drains prior to anticipated major storm events (supported by Duclos, Armato and Petty) Public Works Director Other Matters Policy discussion regarding city responsibilities and expectations when donations are made to city Finance Director Council Direction Update on Visual Identity and Brand for the City of Hermosa Beach Environmental Analyst / Assistant to the City Manager Council Direction Consideration of a position letter on federal gun control legislation (supported by Fangary, Armato and Massey) Assistant to the City Manager Other Matters Report on Phase II of Library Assessment including Location Alternatives Community Resources Manager Staff Request Strand Bikeway and Walkway Improvements at 35th Street Public Works Director Staff Request Award of Contract for On-Call Traffic Engineering Services Public Works Director Staff Request Review Orientation Process for Commissions and Assistant to the City Manager Council Direction Special Event Policy Update and Subcommittee Direction Community Resources Manager Update on bicycle infrastructure implementation & consideration of designating a route in honor of Julian Katz Environmental Analyst New Item Consideration of proposed changes to the city right of way and public facilities in the area of the proposed North School Project Environmental Analyst Staff Request Farmers Market Contract Renewal Community Resources Manager Staff Request 509