Agenda packet — Hawthorne City Council, November 14, 2023 (part 2 of 2)

AGENDA ITEM NO. 8

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: Planning
City Manager: __________
Vontray Norris
Dir. of Planning: ___________
Gregg McClain
SUBJECT:

Ordinance No. 2241 (2nd Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

HAWTHORNE, CALIFORNIA, AMENDING THE CITY ZONING MAP TO IMPLEMENT THE NEW HOUSING OVERLAY AND OTHER POLICIES OF THE 2021-2029 HOUSING ELEMENT. Motion to Adopt
RECOMMENDED MOTION:

Staff Recommends that the City Council adopt Ordinance No. 2241.

DISCUSSION:

This ordinance will rezone properties to be in compliance with the Housing Element and the Land Use Element. The 83 parcels involved are listed in the ordinance by their assessor parcel numbers along with the existing and new zoning designations. There are two types of changes involved, addition of the housing overlay on 66 parcels while keeping the underlying zone unchanged, and rezoning the remaining 17 from Limited Industrial (M-1) to High-Density Residential (R-3).

Following is a list of the property addresses subject to zone changes. Some addresses cover two or more parcels, so the totals are not the same as the list in the ordinance.

Add Housing Overlay
4717 W Imperial Hwy
4700 W Imperial Hwy
3902 W Imperial Hwy
3866 W Imperial Hwy
3862 W Imperial Hwy
3854 W Imperial Hwy
3834 W Imperial Hwy
3838 W Imperial Hwy

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11620 Inglewood Ave
11953 Inglewood Ave
13324 Inglewood Ave
13418 Inglewood Ave
13426 Inglewood Ave
13437 Inglewood Ave
13508 Inglewood Ave
13510 Inglewood Ave
13600 Inglewood Ave
13614 Inglewood Ave
13760 Inglewood Ave
13766 Inglewood Ave
13816 Inglewood Ave
13822 Inglewood Ave
13908 Inglewood Ave
11706 Prairie Ave
11736 Prairie Ave
11740 Prairie Ave
11808 Prairie Ave
11846 Prairie Ave
11826 Prairie Ave
11862 Prairie Ave
11886 Prairie Ave
3945 W 119th Pl
12721 Ramona Ave
4519 W El Segundo Blvd
12717 Grevillea Ave
12723 Grevillea Ave
4520 W El Segundo Blvd
4182 W El Segundo Blvd
4032 W El Segundo Blvd
4024 W El Segundo Blvd
13007 Yukon Ave
3203 W 131st St
4881 W Rosecrans Ave
Rezone M-1 to R-3
13807 Crenshaw Blvd
3111 W 139th St
13815 Crenshaw Blvd
3122 W 139th St
13933 Crenshaw Blvd
3136 W Rosecrans Ave
3138 W Rosecrans Ave

Page 3 of 3 ends

3152 W Rosecrans Ave
14312 Chadron Ave
14314 Chadron Ave
3322 W Rosecrans Ave
3316 W Rosecrans Ave
3314 W Rosecrans Ave
14315 Lemoli Ave
ECONOMIC DEVELOPMENT STRATEGIC PLAN:

Goal 4: Update zoning code for the 21st century
FISCAL IMPACT:

There is no fiscal impact to the City as a result of the adoption of this Ordinance.

NOTICING PROCEDURES:

A notice was not required to be posted or published.

ATTACHMENT(S):

1. Ordinance No. 2241
ORDINANCE NO. 2241

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

HAWTHORNE, CALIFORNIA, AMENDING THE CITY

ZONING MAP TO IMPLEMENT THE NEW HOUSING
OVERLAY AND OTHER POLICIES OF THE 2021-2029

HOUSING ELEMENT
WHEREAS, Chapter 17.08 (Zoning Map) of Title 17 of the Hawthorne Municipal Code incorporates the zoning map by reference and establishes the official zoning map of the City of Hawthorne;
WHEREAS, on March 8, 2022 City Council adopted the 2021-2029 Housing Element. The zoning map will be amended to reflect the change in zoning that is taking place to satisfy the new Housing Element;
WHEREAS, Housing Element Program 1 (Residential Sites Inventory) addresses the City’s housing needs by identifying adequate sites to rezone for base zones and to apply a new Housing Overlay for additional residential capacity; WHEREAS, Housing Element Program 19 (Zoning Code Amendments – Housing Constraints) addresses the City’s housing needs by removing constraints to development and ensure the City’s standards and permitting requirements are consistent with State law;
WHEREAS, Housing Element Appendix Table B is titled Candidate Sites Identified to be Rezoned to Accommodate Shortfall Housing Need;
WHEREAS, this ordinance amends Title 17 to establish an amended Zoning Map to satisfy the needs of the Regional Housing Needs Allocation (RHNA) and create new capacity for homes; the standards of the new Housing Overlay will be established by the accompanying zoning text amendments of Ordinance No. 2240; WHEREAS, on September 6, 2023, the Planning Commission of the City of Hawthorne considered the zone text amendment and, after a duly noticed public hearing where all persons in support and in opposition were heard, adopted Resolution No.

PC2023-18 recommending approval of the ordinance to the City Council; and WHEREAS, on October 24, 2023, the City Council considered the Planning Commission’s recommendation and, after a duly noticed public hearing where all persons in support and in opposition were heard, introduced this ordinance; and WHEREAS, the City Council of the City of Hawthorne wishes now to adopt Ordinance No. 2241 in furtherance of the City’s objective to provide appropriate zoning pursuant the Housing Element.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWTHORNE DOES ORDAIN AS FOLLOWS:
2 SECTION 1. The foregoing recitals are true and correct.

SECTION 2. Chapter 17.08 (Zoning Map) shall be amended to adopt the zoning map attached hereto as Exhibit A.

SECTION 3. Parcels are rezoned according to the following table. Firstly, a new Housing Overlay is created to accommodate the City’s RHNA goals. The housing overlay includes 31 sites (74 parcels consolidated). The total acreage of the new Housing Overlay parcels is 17.18 acres. The sites in the Housing Overlay are listed as sites 22-52 on the 2021-2029 Housing Element Site Inventory. Secondly, sites listed as sites 58, 59, 63, and 66 in the 2021-2029 Housing Element Site Inventory are amended for their base zoning.

Housing
Element
Site No.

APN Existing
Zoning
Proposed
Zoning
22 4037-030-034 CR CR-HO
23 4037-028-800 CR CR-HO
24 4044-003-001 CR CR-HO
4044-003-002 CR CR-HO
4044-003-003 CR CR-HO
4044-003-004 CR CR-HO
25 4048-018-006 CR CR-HO
26 4048-018-007 CR CR-HO
27 4048-018-008 CR CR-HO
4048-018-009 CR CR-HO
28 4048-018-014 CR CR-HO
4048-018-053 CR CR-HO
29 4044-002-004 C-3 C-3-HO
30 4141-009-001 C-3 C-M-HO
31 4042-011-026 C-3 C-M-HO
4042-011-024 C-3 C-M-HO
32 4042-013-025 C-3 C-M-HO
4042-013-026 C-3 C-M-HO
33 4144-022-018 C-3 C-M-HO
4144-022-019 C-3 C-M-HO
34 4042-015-001 C-3 C-M-HO
4042-015-024 C-3 C-M-HO
35 4043-001-001 C-3 C-M-HO
4043-001-026 C-3 C-M-HO
36 4043-009-024 C-3 C-M-HO
4043-009-025 C-3 C-M-HO
37 4043-020-004 C-3 C-M-HO
4043-020-005 C-3 C-M-HO
38 4043-020-037 C-3 C-M-HO
39 4048-015-065 C-3 C-M-HO
4048-015-056 C-3 C-M-HO
4048-015-058 C-3 C-M-HO
40 4048-014-002 C-3 C-M-HO
4048-014-059 C-3 C-M-HO
3 Housing
Element
Site No.

APN Existing
Zoning
Proposed
Zoning
4048-014-058 C-3 C-M-HO
4048-014-057 C-3 C-M-HO
41 4048-013-055 C-3 C-M-HO
4048-013-052 C-3 C-M-HO
42 4048-012-046 C-3 C-M-HO
4048-012-068 C-3 C-M-HO
43 4052-016-011 C-3 C-M-HO
4052-016-012 C-3 C-M-HO
44 4041-010-056 R-3 R-3-HO
4041-010-055 C-2 C-2-HO
45 4041-013-019 C-2 C-2-HO
4041-013-018 C-2 C-2-HO
4041-013-017 C-2 C-2-HO
4041-013-016 C-2 C-2-HO
4041-013-015 R-1 R-1-HO
4041-013-014 R-1 R-1-HO
4041-013-013 R-1 R-1-HO
4041-013-011 R-3 R-3-HO
4041-013-010 R-3 R-3-HO
46 4042-031-010 C-2 C-2-HO
4042-031-009 C-2 C-2-HO
4042-031-008 C-2 C-2-HO
4042-031-007 C-2 C-2-HO
4042-031-006 C-2 C-2-HO
4042-031-005 R-1 R-1-HO
47 4045-022-034 C-3 C-3-HO
48 4045-023-035 C-3 C-3-HO
4045-023-011 C-3 C-3-HO
49 4050-014-002 M-1 M-1-HO
50 4053-005-001 M-2 M-2-HO
51 4053-006-006 M-2 M-2-HO
52 4147-027-008 CR CR-HO
58 4052-015-013 M-1 R-3
4052-015-012 M-1 R-3
4052-015-010 M-1 R-3
59 4052-017-007 M-1 R-3
4052-017-008 M-1 R-3
4052-017-010 M-1 R-3
63 4071-020-001 M-1 R-3
4071-020-002 M-1 R-3
4071-020-003 M-1 R-3
4071-020-004 M-1 R-3
4071-020-005 M-1 R-3
66 4071-011-021 M-1 R-3
4071-011-022 M-1 R-3
4071-011-023 M-1 R-3
4 Housing
Element
Site No.

APN Existing
Zoning
Proposed
Zoning
4071-011-037 M-1 R-3
4071-011-038 M-1 R-3
4071-011-039 M-1 R-3

END OF LIST
SECTION 5. CEQA. There are no new significant environmental impacts or previously identified significant impacts made more severe by project modifications, new circumstances, or new information associated with the project. Therefore, the City determined that an Addendum to the Hawthorne General Plan Environmental Impact Report for Amendments the Zoning Map is the appropriate California Environmental Quality Act (CEQA) document to address project modifications in accordance with CEQA Guidelines Section15164. CEQA Guidelines Section 15164(c) provides that an addendum need not be circulated for public review.

SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 7. AUTHORIZATION TO PUBLISH SUMMARY OF ORDINANCE.

Pursuant to Government Code Section 36933(c)(1), the City Attorney is authorized to prepare a summary of this ordinance. The City Clerk is also authorized to publish a summary of the text of this ordinance in the Hawthorne Press Tribune at least five days prior to the adoption of this ordinance. Within 15 days after adoption of the ordinance, the City Clerk is directed to publish a summary of this ordinance in the Hawthorne Press Tribune.

SECTION 8. EFFECTIVE DATE. This ordinance shall take effect 30 days after passage thereof.
5 PASSED, APPROVED AND ADOPTED this 14th day of November 2023.

ALEX VARGAS, Mayor
City of Hawthorne, California
ATTEST:

DAYNA WILLIAMS-HUNTER, City Clerk
City of Hawthorne, California

APPROVED AS TO FORM

ROBERT KIM,
City Attorney
City of Hawthorne, California
6 Exhibit A
Revised Zoning Map

Page 1 of 2 ends

AGENDA ITEM NO. 9

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: Planning
City Manager: __________
Vontray Norris
Dir. of Planning: ___________
Gregg McClain
SUBJECT:

Ordinance No. 2242 (2nd Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWTHORNE, CALIFORNIA, ESTABLISHING A NEW CHAPTER 17.100 (MULTIFAMILY AND MIXED-USE OBJECTIVE DESIGN STANDARDS) OF TITLE 17 (ZONING) OF THE HAWTHORNE MUNICIPAL CODE. Motion to Adopt
RECOMMENDED MOTION:

Staff Recommends that the City Council adopt Ordinance No. 2242.

DISCUSSION:

The state adopted many housing bills in recent sessions that require cities to apply objective design standards to a range of housing projects. Unfortunately, due to the nature of design, design standards in the Hawthorne zoning code are mostly subjective, suggestive, or open to interpretation. This is not unusual for cities throughout the state. As in most cities, Hawthorne relied on the judgment of planning commissioners to ensure that design of projects was in line with the zoning standards and good taste.

This ordinance introduces a new chapter, 17.100 Multi-family and mixed-use objective design standards, to address objective design standards for multifamily and mixed-use developments.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

Goal 4: Update zoning code for the 21st century
FISCAL IMPACT:

There is no fiscal impact to the City as a result of the adoption of this Ordinance.

NOTICING PROCEDURES:

Page 2 of 2 ends

A notice was not required to be posted or published.

ATTACHMENT(S):

1. Ordinance No. 2242
ORDINANCE NO. 2242

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

HAWTHORNE, CALIFORNIA, ESTABLISHING A NEW
CHAPTER 17.100 (MULTIFAMILY AND MIXED USE
OBJECTIVE DESIGN STANDARDS) OF TITLE 17
(ZONING) OF THE HAWTHORNE MUNICIPAL CODE
WHEREAS, the California Government Code Section 65913.4 defines objective design standards as those which “involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal”;
WHEREAS, the California State legislature adopted housing bills such as Senate Bill 35 (2017), Senate Bill 330 (2019), Assembly Bill 2011(2022), Assembly Bill 2162 (2018), and Senate Bill 6 (2022), which require a local agency to have objective design standards to be evaluate specific types of qualifying housing projects in streamlined review process;
WHEREAS, Senate Bill 35 (California Government Code Sections 65400 and 65582.1) provides provisions for streamlining projects based on a jurisdiction’s progress towards its Regional Housing Needs Allocation and timely submittal of the Housing Element Annual Progress Report;
WHEREAS, Housing Element Program 6 (Mixed Use Development) and Program 19 (Zoning Code Amendments – Housing Constraints) reference the need for the City to adopt objective design standards and streamline residential development; WHEREAS, objective design standards are a tool that allow a local agency to retain design control and establish consistent design expectations for qualifying housing projects;
WHEREAS, this ordinance deletes Chapter 17.100 (Test elevator and spur) because it is no longer necessary and was intended to be deleted when appropriate.

WHEREAS, on September 6, 2023, the Planning Commission of the City of Hawthorne considered the zone text amendment and, after a duly noticed public hearing where all persons in support and in opposition were heard, adopted Resolution No.

PC2022-15recommending approval of the ordinance to the City Council; and WHEREAS, on October 24, 2023, the City Council considered the Planning Commission’s recommendation and, after a duly noticed public hearing where all persons in support and in opposition were heard, introduced this ordinance; and WHEREAS, the City Council of the City of Hawthorne wishes now to adopt Ordinance No. 2242 in furtherance of the City’s objective to provide appropriate zoning and separation regulations for cannabis businesses.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWTHORNE DOES ORDAIN AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. Chapter 17.100 (Test elevator and spur) shall be deleted and replaced with 17.100 (Multifamily and mixed-use objective design standards) as follows:

Chapter 17.100 MULTIFAMILY AND MIXED USE

OBJECTIVE DESIGN STANDARDS

17.100.010 Introduction.

A. Purpose and Intent. The purpose of the design standards of this chapter is to provide the public, building and design professionals, and decisionmakers with objective criteria for eligible residential and mixed-use development in the City. The intent is to provide clear design direction that enhances an area’s unique character and sense of place, respects existing neighborhood compatibility and privacy, and ensures a high-quality living environment.

B. Applicability. The provisions of this Chapter apply to:

1. Senate Bill 35 projects (California Government Code §65913.4). In addition to criteria established by the California Government Code, the project must be a multi-unit housing development containing at least two or more new residential units, or a mixed-use project where at least two-thirds of the square footage is dedicated to residential use. SB 35 projects are subject to a ministerial, streamlined approval process.

2. Senate Bill 330 projects (California Government Code §65589.5 and §65920). In addition to criteria established by the California Government Code, the project may be residential only, mixed-use where at least two-thirds of the square footage is dedicated to residential use, or transitional, supportive, emergency, or farmworker housing. SB 330 projects are entitled to a preliminary application process prior to filing a complete application.

3. Assembly Bill 2011 projects (California Government Code §65400 and §65585). In addition to criteria established by the California Government Code, the project must be located within a zone where office, retail, or parking is a principally permitted use. AB 2011 projects are subject to a ministerial, streamlined approval process.

4. Assembly Bill 2162 projects (California Government Code §65583 and §65650). In addition to criteria established by the California Government Code, the project must be a supportive housing development located in a zone where multi-unit or mixed-use is permitted.

5. Senate Bill 6 projects (California Government Code §65913.4 and §65852.24). In addition to criteria established by the California Government Code, the project must be located within a zone where office, retail, or parking is a principally permitted use; and no part of the project is designated for hotel, motel, or other transient lodging use.

6. All other residential or mixed-use projects made eligible by Chapter

17.85 HO Housing Overlay or state law and which are required to meet objective standards.

C. Consistency with Objective Standards. Projects shall comply with all objective City policies, development standards, and design standards as established in the General Plan and the Hawthorne Municipal Code.

1. Exception. Any concessions, incentives, or waivers of development standards pursuant to Chapter 17.22, Density Bonus and other incentives of this Title.

2. Conflicting Standards. Projects subject to this chapter must meet objective standards in this Chapter in addition to all pertinent requirements elsewhere in this Title. Where there is a conflict between these objective standards and existing City or state standards, the more restrictive and objective standard shall apply.

D. Permit Required. Any eligible project processed pursuant to this Chapter shall require a Land Use Permit. Administrative Plan Review of projects processed pursuant to this Chapter shall be conducted by City staff and shall only include consistency with adopted objective design standards.

17.100.020 Site Planning.

A. Building Orientation.

1. Primary Entries. All buildings located along a primary street shall have primary ground-floor common entries or individual dwelling unit entries facing the street. Entrances at building corners may be used to satisfy this requirement.

2. Vehicle Light Intrusion. Vehicle headlights shall be screened with walls, solid fencing, or landscaping if parking spaces are located within 10 feet of habitable space.

B. Pedestrian Circulation.

1. Pedestrian Connection. The following pedestrian walkways shall be provided and interconnected within the site:
a. Pedestrian walkways shall connect residential dwelling units to areas throughout the site, such as vehicle parking areas, bicycle parking areas, common open space, waste and recycling enclosures, and other amenities. b. Pedestrian walkways shall connect public sidewalks, building entrances, and vehicle parking areas.
c. Pedestrian walkways shall connect building entrances and vehicle parking areas through the site interior to all transit stops directly adjacent to the site.

2. Pedestrian Walkways. Pedestrian walkways on private property shall be designed as follows:
a. Dimensions. Walkways shall be designed with a minimum width of four feet.
b. Materials. Walkways shall be constructed of firm and slip-resistant materials, such as poured-in-place concrete (including stamped concrete), permeable paving, decomposed granite, or concrete pavers. c. Paving for Pedestrian Crossings. Where an intersection of pedestrian and vehicle access exists, enhanced paving treatment using patterned or colored pavers, brick, painted or decorative colored and scored concrete shall be used. Pedestrian crossings shall feature enhanced paving a minimum width of six feet and span the length of the intersecting drive area.

Pedestrian Connections and Walkways Exhibit

3. Enhanced Paving for Building Entrances. Primary building entrances shall provide decorative paving that contrast in color and texture from the adjacent walkway paving. Grasscrete is prohibited.

C. Access Points.

1. Primary Access. Side street or alley access shall serve as the primary vehicular access to parking areas, if available. If not available, the primary street shall serve vehicular access.

2. Driveway Access on Corner Lots. Driveway access on corner lots shall be located a minimum of 50 feet from the intersection.

Driveway Access Location on Corner Lots Exhibit

3. Entry and Access. A maximum of one curb cut, including driveways and private or service streets, per 200 feet of public street frontage shall be permitted.
a. Normal Lots. A maximum of one vehicle access point from the street is permitted per 200 feet of street frontage.
b. Corner Lots.
i. One vehicular access point is permitted per lot where all street frontages are less than 200 linear feet.
ii. Two vehicular access points are permitted on lots where at least one street has a frontage of 200 linear feet or more.
c. Enhanced Paving for Entrance Driveways. Paving treatment using one or more of the following: patterned or colored pavers, brick, or decorative colored or scored concrete shall be used for entrance driveways, a minimum of 12 feet in length, and spanning the width of the entrance driveway.

Enhanced Paving for Entrance Driveways Exhibit

4. Number of Parking Spaces. Except for projects that are exempt from required parking, projects shall provide parking spaces according to the following:
a. Residential Uses.
i. Three Bedrooms or Less. One space per residential unit. ii. Four Bedrooms or More. Two spaces per residential unit. b. Residential Guest Spaces. One space per 10 residential units.
c. Non-Residential Uses. One space per 750 square feet of floor area.

5. Surface Parking Areas. Parking areas shall not be located within any front or side setback or between any primary structure and the primary street.

6. Loading and Service Areas.
a. All required loading and service areas shall be located adjacent to a facade other than the primary street frontage. b. Loading and service areas shall be located so as to not disrupt or block the flow of on-site and off-site vehicular traffic. c. Loading and service areas shall not be located adjacent to residential dwelling units or common open space areas.

D. Open Space. Projects shall provide open space at the rate of 150 square feet per residential unit. Open space may be provided through common open space, private open space, or some combination of both.

1. Common Open Space. Projects shall provide common
space according to the standards below.
a. Amenity Types. Where required by the base zoning district, projects shall provide at least one common open space through the following amenities: play areas, common courtyards, patios, gathering spaces, multi-use paths and trails, athletic or recreational facilities, dog runs and enclosures; pools and spas; and community gardens. An applicant may provide common open space through an amenity not on this list if it is readily accessible by all residents for recreation and social purposes.
b. Dimensions. Common open space shall provide a minimum of 20 feet for one dimension, and a minimum of 10 feet in all other dimensions.

2. Private Open Space. Projects shall provide private space according to the standards below.
a. Dimensions. Private open space shall have a minimum
dimension of six feet for every dimension.
b. Screening with Landscaping and Structural Elements. Where a private open space is located within five feet of a public right-of-way, common open space, or pedestrian walkway, the private open space shall be screened by a landscape buffer or dense evergreen plants of a minimum five feet height, and a fence or wall a minimum of five feet in height.

Private Open Space: Dimensions Exhibit

17.90.030 Building Design.

A. Building Form, Massing, and Articulation.

1. Building Form and Vertical Hierarchy. Buildings shall be designed to differentiate between a defined base; a middle or body; and a top, cornice, or parapet cap. All buildings shall achieve this effect through at least two of the following:
a. Color, texture, or material changes.
b. Variations, projections, or reveals in the wall plane. c. Variations in fenestration size or pattern.
d. Decorative architectural details, such as cornices and columns.

2. Wall Plane Variation. Building facades facing a primary street shall not extend more than 60 feet in length without a five-foot variation in depth in the wall plane. Building entrances, front porches, upper-story setbacks, projections, recesses, stoops, bay windows, and overhangs count towards this requirement.

Vertical Hierarchy and Wall Plane Variation Exhibit

3. Corner Lots. Buildings located on corner lots shall include one or more of the following features on both street-facing facades, located within 30 feet of the corner of the building closest to the intersection:
a. An entrance to a ground-floor use or a primary building entrance. b. A different material application, color, or fenestration pattern of windows and doors from the rest of the facade.
c. A change in height of at least 18 inches from the height of the abutting facade.

4. Roof Line Variation. Roof lines shall not extend more than a length of 60 feet without at least one of the following:
a. Variation in roof form, such as hip, mansard, gable, shed, and flat with parapet.
b. Variation in architectural elements, such as parapets or varying cornices.
c. Variation of roof height of at least 18 inches (as measured from the highest point of each roof line).

Roof Line Variation

5. Flat Roofs and Parapets.
a. Where rooftop equipment is located within 10 feet of a roof edge, a parapet shall be provided that is a minimum of six inches taller than all roof-top equipment.
b. Interior side of parapet walls shall not be visible from a common open space or public right-of-way.
c. Parapets shall be capped with precast treatment, continuous banding, projecting cornices, dentils, or similar edge treatment.

B. Primary Building Entrance.

1. Location. Buildings located within 20 feet of the primary street rightof-way shall have a ground-level primary building entrance facing the primary street.

Primary Building Entrance: Location Exhibit

2. Architectural Treatments. Primary building entrances shall incorporate at least two of the following architectural treatments:
a. Feature window details;
b. Towers;
c. Decorative veneer or siding;
d. Projecting elements above the entrance; or
e. Changes in roof line or wall plane.

Primary Building Entrance: Architectural Treatments Exhibit C. Individual Dwelling Unit Entrance.

1. Weather Protection. All exterior unit entrances shall either be recessed from the main facade or have a sheltering element; the projection or recess shall have a minimum depth of three feet.

Weather Protection: Recessed From Facade (Left), Projected Element (Right) Exhibit

2. Street-Facing Unit Entrance. Each dwelling unit located within 20 feet of a primary street right-of-way shall include at least one street-facing porch, balcony, or patio.

Street-Facing Unit Entrances

3. Upper-Floor Unit Entrance. Exterior entrances to individual dwelling units on upper floors are permitted. No exterior access corridor located above the ground floor may provide access to five or more upper-floor dwelling units.

4. Architectural Treatments. Entrances for buildings and individual dwelling units shall incorporate at least two of the following architectural treatments:
a. Feature window details;
b. Towers;
c. Decorative veneer or siding;
d. Porches or stoops; or
e. Changes in roof line or wall plane.

D. Window Treatment.

1. Windows shall either be recessed at least three inches from the plane of the surrounding exterior wall or shall have a trim or windowsill projecting at least one-half inch.

2. Windows Facing a Public Street. Windows facing a public street shall feature enhanced window treatments, such as decorative architectural brackets, trim, shutters, awnings, or trellises.

3. Shutters. Functional and decorative shutters shall be proportionate to the size of the associated glazing. Shutters shall be half the width of the associated glazing for paired shutters, or identical width for a single shutter.

E. Materials and Colors.

1. Wall Material. The primary exterior siding material for buildings shall be wood, composite wood, stone, stone veneer, granite, slate, brick, brick veneer, stucco, plaster, fiber cement, vinyl, aluminum, or steel. The use of exposed plywood or glass curtain walls is prohibited.

2. Wall Color. The color of exterior walls shall have a light reflectance value of 50% or greater.

3. Material and Color Transition. Changes in material or color shall occur at inside corners of intersecting walls or at architectural features that break up the wall plane, such as columns.

4. Accent Material. Use of two or more accent materials, such as wood siding, brick, metal, glass, stone, concrete, or plaster, shall be incorporated to highlight building features.

5. Material Application. Materials and textures shall vary between the base and body of a building. Heavier materials such as brick, stone, tile, and precast concrete shall primarily be used at ground level to form a base. Lighter materials such as siding and smooth stucco shall be used on the body of the building.

6. Color Application. Colors shall vary between the body and base of a building. A color with higher light reflectance value shall be used on the body of the building and a color with lower light reflectance value (LRV) shall be used at ground level.

F. Parking Structures.

1. Wall Plane Variation. Building facades visible from the primary street shall not extend more than 60 feet in length without a five-foot variation in depth in the wall plane.

2. Materials and Colors. The parking structure shall utilize the same colors and materials as the residential buildings.

3. Articulation. The exterior of the parking structure shall apply at least one of the following as articulation:
a. Applied materials, such as brick, stone, or siding, which extend at least two inches from the face of the structure to the face of the applied materials. Painted concrete, smooth concrete, or stucco walls shall not be considered sufficient articulation.
b. Decorative architectural features, such as cut metal screens, awnings, trellises, louvers, or decorative security grills.

4. Vertical Plantings. Vertical plantings shall be located between openings, entrances, and architectural accent features. For any portion of a wall that does not include entrances or architectural accent features, at least one screening tree shall be placed in front of the building facade for every 50 feet.

The trees shall be selected to grow to at least 40 feet in height at maturity and at least 15 feet within two years from time of installation.

G. Garages.

1. Garage doors shall be recessed a minimum of six inches from the surrounding wall plane.

2. Garages shall feature at least one of the following treatments:
a. Garage door windows.
b. Paneled garage door surface.
c. Two different colors.

H. Carports. Carports shall utilize wood or stucco. The use of exposed aluminum or steel is prohibited.

17.100.040 Mixed Use Standards.

A. Ground Floor Height. The ground floor of a mixed-use building shall have a minimum ceiling height of 14 feet, measured from finished floor to the bottom of the finished second floor.

Mixed-Use Buildings: Ground Floor Height Exhibit
B. Ground Floor Transparency. Exterior walls facing a public street shall include transparent windows and doors for at least 50 percent of the building wall area located between three and seven feet above the elevation of the sidewalk. Parking garages are not required to meet the ground floor transparency requirement.

C. Street-Facing Setbacks. Street-facing setbacks shall be landscaped or prepared for use by pedestrians. The setback area on each lot shall contain at least two amenities per 50 linear feet, such as benches, drinking fountains, shade structure, or other design element (e.g., public art, planters, kiosks, etc.).

Mixed-Use Buildings: Street-Facing Setbacks
D. Street-Facing Entrance. Mixed-use buildings located within 20 feet of a primary street right-of-way shall incorporate at least one primary building entrance directly from the public sidewalk or right-of-way. The primary building entrance shall include weather protection that is a minimum six feet wide and four feet deep by recessing the entrance or providing an awning or similar weather protection element.

17.100.050 Utilitarian Elements
A. Bicycle Parking. Bicycle parking and storage areas are required for all multifamily and mixed use developments.

1. Short-Term Bicycle Parking.
a. Location. Short-term bicycle parking shall be located outside of the public right-of-way and outside of pedestrian walkways. Short-term bicycle parking shall be located within 50 feet of a primary building entrance. b. Size and Accessibility. Each short-term bicycle parking space must be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways. Five feet of clearance shall be provided from any vehicle parking space.
c. Number of spaces required.
i. Residential uses. One space per every 10 residential units is reuired to be provided separately from long-term bicycle parking requirement. ii. Non-Residential Uses. Short-term bicycle parking for nonresidential uses shall be provided at a minimum ratio of one space per 10 vehicle spaces required for the non-residential use. Where no vehicle parking is required, Long-term bicycle parking for non-residential uses shall be provided at a minimum ratio of one space per 5,000 square feet of non-residential uses.2.

Long-Term Bicycle Parking.

2. Long-Term Bicycle Parking.
a. Number of Spaces Required. A minimum of one long-term bicycle parking space shall be provided for every dwelling unit. b. Location and Shelter. Long-term bicycle parking shall be located within 100 feet of a primary building entrance. At least 50% of required long-term bicycle parking shall be covered inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures. c. Size and Accessibility. Each long-term bicycle parking space must be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways. Five feet of clearance shall be provided from any vehicle parking space.
d. Bicycle Charging. For required long-term bicycle parking, one charging electrical outlet is required for every 10 required bicycle parking spaces.B. Trash, Recycling, and Green Waste Container Enclosures.

Enclosures for recycling, green waste, and any other waste containers required by law are required for multiple-unit and mixed-use developments, and shall comply with the provisions of Section 17.54.010, Required Trash, Recycling, and Organics Storage Area, of this Title. Enclosures shall be located within a building, incorporated into the exterior building design, or located within a detached enclosure designed and placed as follows:

1. Location. The enclosure shall be located to the rear or side of the building(s) and located outside of view from a public right-of-way.

2. Materials. The enclosure shall incorporate the same materials and colors of the primary residential or mixed-use building design.

C. Fences and Walls. Fences and walls shall comply with the provisions of Section 17.48.020, Fences, Freestanding Walls, and Hedges, of this Title.

D. Vents and Exhaust. All wall-mounted vent and exhaust elements shall be located at interior corners of building walls or behind building elements that conceal them from public view. All flashing, sheet metal vents, exhaust fans or ventilators, and pipe stacks shall be painted a color to match the adjacent roof or wall material.

SECTION 3. CEQA. There are no new significant environmental impacts or previously identified significant impacts made more severe by project modifications, new circumstances, or new information associated with the project. Therefore, the City determined that an Addendum to the Hawthorne General Plan Environmental Impact Report for Amendments to Municipal Code Chapter 17, Zoning is the appropriate California Environmental Quality Act (CEQA) document to address project modifications in accordance with CEQA Guidelines Section15164. CEQA Guidelines Section 15164(c) provides that an addendum need not be circulated for public review.

SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. AUTHORIZATION TO PUBLISH SUMMARY OF ORDINANCE.

SECTION 6. EFFECTIVE DATE. This ordinance shall take effect 30 days after passage thereof.

PASSED, APPROVED AND ADOPTED this 14th day of November 2023.

ALEX VARGAS, Mayor
City of Hawthorne, California
ATTEST:

DAYNA WILLIAMS-HUNTER, City Clerk
City of Hawthorne, California

APPROVED AS TO FORM

ROBERT KIM,
City Attorney
City of Hawthorne, California

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AGENDA ITEM NO. 10

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: Planning
City Manager: __________
Vontray Norris
Dir. of Planning: ___________
Gregg McClain
SUBJECT:

Ordinance No. 2243 (2nd Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWTHORNE, CALIFORNIA, ESTABLISHING A NEW CHAPTER 16.64 (URBAN LOT SPLITS) OF TITLE 16; AND ESTABLISHING A NEW CHAPTER 17.102 (TWO-UNIT RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLITS) OF TITLE 17. Motion to Adopt
RECOMMENDED MOTION:

Staff Recommends that the City Council adopt Ordinance No. 2243.

DISCUSSION:

This ordinance introduces a new chapter, Two-unit residential developments and urban lot splits, to the zoning code that is in response to the passage of Senate Bill (SB) 9 of 2021. This law now requires all California cities to permit two primary residences on a single-family zoned lot, which in Hawthorne are in the R-1 zone. This type of development is known as a “two-unit residential development.” Alternatively, an R-1 lot can be now be subdivided into two lots of roughly equal size by a process called an “urban lot split.” These laws, which are currently in effect throughout the state, also require these two types of residential intensification to be approved at a director level without use of discretion. This means if a plan or map is submitted, it cannot go to the planning commission or city council for approval, and the director is obligated to approve it if the plan or map adheres to the standards of the state law.

The purpose of the ordinance is to regulate design standards as permitted by the law. Although many standards are dictated in the state law, the Legislature and Governor left some standards

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plan or map. Additionally, the design standards must be objective so that the approval process is merely a matter of confirming the standards are met.

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ECONOMIC DEVELOPMENT STRATEGIC PLAN:

Goal 4: Update zoning code for the 21st century
FISCAL IMPACT:

There is no fiscal impact to the City as a result of the adoption of this Ordinance.

NOTICING PROCEDURES:

A notice was not required to be posted or published.

ATTACHMENT(S):

1. Ordinance 2243.

ORDINANCE NO. 2243

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

HAWTHORNE, CALIFORNIA, ESTABLISHING A NEW
CHAPTER 16.64 (URBAN LOT SPLITS) OF TITLE 16; AND
ESTABLISHING A NEW CHAPTER 17.102 (TWO-UNIT

RESIDENTIAL DEVELOPMENT AND URBAN LOT SPLITS)
OF TITLE 17
WHEREAS, on September 16, 2021, the State of California passed Senate Bill 9, the California Home Act, as part of a “Building Opportunities for All” housing package of legislation;
WHEREAS, Senate Bill 9 created a new streamlined process for homeowners to build a duplex on an existing single-family lot, or subdivide an existing single-family lot; WHEREAS, a streamlined process for duplexes and urban lot splits in single-family zones provides for additional housing capacity, preventing tenants from being displaced, creating intergenerational wealth, and providing access to more rental and ownership options for working families;
WHEREAS, a new chapter will be established, Chapter 17.102 (Two-Unit Residential Development and Urban Lot Splits), to comply with the State requirements of Senate Bill 9;
WHEREAS, a new chapter will be established, Chapter 16.64 (Urban Lot Splits), to comply with the State requirements of Senate Bill 9; WHEREAS, on September 6, 2023, the Planning Commission of the City of Hawthorne considered the zone text amendment and, after a duly noticed public hearing where all persons in support and in opposition were heard, adopted Resolution No.

PC2023-20 recommending approval of the ordinance to the City Council; and WHEREAS, on October 24, 2023, the City Council considered the Planning Commission’s recommendation and, after a duly noticed public hearing where all persons in support and in opposition were heard, introduced this ordinance; and WHEREAS, the City Council of the City of Hawthorne wishes now to adopt Ordinance No. 2243 to establish State-compliant regulations for Two-Unit Residential Development and Urban Lot Splits.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWTHORNE DOES ORDAIN AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. Chapter 16.64 shall be created and entered into the zoning code as the following:
2 Chapter 16.64: URBAN LOT SPLITS

16.64.010 Purpose
The purpose of this chapter is to appropriately regulate qualifying SB 9 urban lot splits within single-family residential zones in accordance with California Government Code Sections 65852.21 and 66411.7.

16.64.020 Definitions
“SB 9 two-unit residential development” means a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review pursuant to California Government Code Section 65852.21 and this chapter. A housing development contains two residential units if the development proposes no more than a total of two new units or if it proposes to add one new unit to one existing unit. “Urban lot split” shall have the same meaning as stated in California Government Code Section 66411.7.

16.64.30 Requirements for Urban Lot Splits
A. An urban lot split must conform to all applicable objective requirements of the Subdivision Map Act, including implementing requirements in this code, except as otherwise provided in this chapter. Notwithstanding the foregoing, no dedication of rights-of-way or construction of offsite improvements is required solely for an urban lot split.

B. Lot Size. The parcel map for an urban lot split must subdivide an existing lot to create no more than two new lots of approximately equal lot area, provided that one lot shall not be smaller than 40 percent of the lot area of the original lot proposed for subdivision. Both newly created lots must each be no smaller than 1,200 square feet.

C. Easements.

1. The owner must enter into an easement agreement with each utility provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

2. Each easement must be shown on the tentative parcel map and the final parcel map.

3. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final parcel map may be approved.

D. Lot Access and preservation of street parking.

1. Each resulting lot must provide access to the public right-of-way. 3 2. A flag lot or a rear lot without a property line adjacent to a public right-of way must use the same curb cut and driveway as the other lot involved in the urban lot split. The curb cut and driveway may be relocated if necessary, but under no circumstances may an urban lot split result in more than one curb cut.

3. A reciprocal access easement for an urban lot split may not exceed 10 feet in width.

E. Required Affidavit. The applicant for a parcel map for an urban lot split must sign an affidavit provided by the city stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three years after the final parcel map for the urban lot split is approved.

F. Prior to approval of a parcel map for an urban lot split and the issuance of a building permit for the development of an SB 9 two-unit residential development, the owner(s) of record of the property shall provide the Director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction (deed restriction) recorded against the property, which is in a form acceptable to the Director, and that does each of the following:

1. Expressly requires the rental of any dwelling unit on the property be for a term longer than 30 consecutive days.

2. Expressly prohibits any non-residential use of the lot.

3. Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another.

4. Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot.

5. Expressly prohibits condominium airspace divisions and common interest developments on the property.

6. States that the property was formed or developed pursuant to the provisions of this chapter and is therefore subject to the city regulations set forth in this chapter, including all applicable limits on dwelling size and development.

7. Expressly prohibits more than two dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split.

8. States (i) that the deed restriction is for the benefit of and is enforceable by the city, (ii) that the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns, (iii) that lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) that, if the city is required to bring legal action to enforce the deed restriction, then the city shall be entitled to its attorneys’ fees and court costs; and (v) that the deed restriction may not be modified or terminated without the prior written consent of the Director. 4 SECTION 3. Chapter 17.103 shall be created and entered into the zoning code as the following:

Chapter 17.102 TWO-UNIT RESIDENTIAL DEVELOPMENT

AND URBAN LOT SPLITS

17.102.010 Purpose.

A. Purpose and Intent. The purpose of this chapter is to appropriately regulate qualifying SB 9 two-unit residential developments and urban lot splits within single-family residential zones in accordance with California Government Code Sections 65852.21 and 66411.7.

B. Applicability. The standards and limitations set forth in this chapter shall apply to urban lot splits and the development and use of SB 9 two-unit residential developments within the single-family residential zone in the City, notwithstanding any other conflicting provisions of this code. In the event of a conflict between the provisions of this chapter and any other provision of this code, the provisions of this chapter shall prevail.

17.102.020 Definitions.

As used in this chapter, the following terms shall have the following meanings:

C. “ADU” and “JADU” shall have the meanings ascribed to these terms in chapter 17.21.020.

D. “Interior setback” shall mean the setback to a property line created by an urban lot split where one lot does not have street frontage.

E. “Single-family residential zone” shall have the same meaning as in California Government Code Section 65852.21. A single-family residential zone includes the R-1 (Low Density Residential Zoning District) and any property within a planned unit development district or a specific plan area where a singlefamily dwelling is a permitted use, but a duplex, triplex, or multiple-family dwelling is not a permitted or conditionally permitted use.

F. “SB 9 two-unit residential development” means a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review pursuant to California Government Code Section 65852.21 and this chapter. A housing development contains two residential units if the development proposes no more than a total of two new units or if it proposes to add one new unit to one existing unit.

G. “Urban lot split” shall have the same meaning as stated in California Government Code Section 66411.7.
5 17.102.030 Qualifying Requirements
A proposed urban lot split or SB 9 two-unit residential development shall meet all the following requirements to qualify for ministerial review pursuant to the provisions of this chapter. It shall be the responsibility of the applicant to demonstrate to the reasonable satisfaction of the Director that each of these requirements is satisfied. The applicant and each owner of the property shall provide a sworn statement, in a form approved by the Director, attesting to all facts necessary to establish that each requirement is met.

A. Location Requirements.

1. The subject property shall be located within a single-family residential zone. A lot located within a multiple-family or mixed-use zone shall not be eligible to be subdivided through an urban lot split or developed with an SB 9 two-unit residential development pursuant to this chapter.

2. The proposed development shall not be located on any site identified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Government Code Section 65913.4.

3. The proposed development shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code, or within a site that is designated or listed as a city landmark or historic property pursuant to a city ordinance.

B. Demolition Restrictions.

1. The proposed development shall not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2. The proposed development shall not require the demolition or alteration of housing that is subject to any form of rent or price control.

3. The proposed development shall not require the demolition or alteration of housing that has been occupied by a tenant within the last three years.

4. If any existing or previously demolished housing unit on the lot had been occupied by a tenant in the last three years, the proposed development 6 shall not involve the demolition of more than 25% of the existing exterior structural walls of any housing unit on the lot.

5. The subject property shall be owned solely by one or more individual property owners.

6. In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split.

7. In the case of an urban lot split, the lot proposed to be subdivided is not adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot.

C. Number of Dwelling Units Permitted on a Lot.

1. Notwithstanding any other provisions of this code, state law requires the city to permit a lot located within a single-family residential zone to contain two primary dwelling units, provided both units are developed and maintained in compliance with the standards and requirements set forth in this chapter.

2. Provided the lot is not subdivided or created through an urban lot split, development of two primary dwelling units on a lot through an SB 9 two-unit residential development in conformance with this chapter does not preclude the development or maintenance of one or more ADUs or JADUs on the lot to the extent permitted by chapter 17.21.020 and state law.

3. No more than two dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split. For purposes of this subdivision, the two-unit limitation applies to any combination of primary dwelling units, ADUs, and JADUs.

D. Separate Conveyance and Allowed Uses

1. Separate conveyance of the two lots resulting from an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, or if the two lots share a driveway pursuant to this section, appropriate covenants, easements or similar documentation allocating legal and financial rights and responsibilities between the owners of the two lots (CC&Rs) for construction, reconstruction, use, maintenance, and improvement of the attached structures and any related shared drive aisles, parking areas, or other portions of the lot shall be recorded before the city will approve a final parcel map for the urban lot split.

Notwithstanding the provision of such CC&Rs, however, where attached structures or related shared facilities span a lot line resulting from an urban lot 7 split, all owners of both lots shall be jointly and severally responsible for the use and maintenance of such structures or shared facilities in compliance with all provisions of this Code.

2. Condominium airspace divisions and common interest
developments are not permitted on a lot created through an urban lot split or containing an SB 9 two-unit residential development.

E. Residential Use Only. No non-residential primary use is permitted on any lot created through an urban lot split or containing an SB 9 two-unit residential development. Home occupations are permitted pursuant to Chapter

17.72. F. No Short-Term Rentals Permitted. The rental of any dwelling unit on a lot created through an urban lot split or containing an SB 9 two-unit residential development shall be for a term longer than 30 consecutive days.

17.102.040 Development Standards and Design Criteria
A. Qualifying SB 9 two-unit residential developments and any development on a lot created through an urban lot split shall be subject to the standards and criteria set forth in this section. In addition, except as modified or provided by this section or state law, an SB 9 two-unit residential development and any development on a lot created through an urban lot split shall conform to all objective development standards applicable to the lot as set forth in this title or in an applicable specific plan or planned unit development ordinance or resolution, along with all applicable objective standards and criteria contained in standard plans and specifications, policies, or standard conditions duly promulgated and adopted by the city, the Sanitary District, and the Los Angeles County Fire Authority.

B. Minimum Unit Size. Each new primary dwelling unit shall be at least 800 square feet.

C. Building Height and Stories. Each new primary dwelling unit shall be no more than two stories, constructed at ground level, and should not be more than 22 feet in height measured as the vertical distance from the average elevation of the existing grade around the building to the top plate of the uppermost unit.

D. Setbacks.

1. New Primary Dwelling Units. The following minimum setbacks from the property lines shall be observed for each new primary dwelling unit and any garages and accessory structures that are attached to a new primary dwelling unit. Detached garages and accessory structures shall comply with the setbacks contained in this section. The required setbacks shall be maintained open and unobstructed from the ground to the sky, except for the permitted intrusions. 8 a. Front Setback: 15 feet
b. Front Setback Flag Lot: 10 feet
c. Interior Setback: 4 feet
d. Side Setback: 4 feet
e. Rear Setback: 4 feet
f. Exception. The following permitted intrusions may project into any required setback above a maximum of two feet: cornices, eaves, belt courses, sills, buttresses, planter boxes, masonry planters, guard railings, chimneys, and architectural projections with no floor area, including, but not limited to, windows and pilasters.

E. Building Separation. Except as otherwise allowed by state law, minimum building separation for a two-unit development shall comply with applicable fire safety code.

F. Maximum Front Setback Coverage. No more than 50% of the front setback area may contain hardscape, excluding the allowed standard driveway and parking spaces in the front yard.

G. Open Space. Each new primary dwelling unit shall provide, at a minimum, a continuous private outdoor recreation area of 500 square feet with minimum dimensions of 10 feet. The private recreation area may be located within the interior side, street side, or rear setback areas, but must be open and unobstructed from the ground to the sky in any setback area.

H. Landscaping. All new residential development shall comply with the landscaping requirements as applies to individual projects set forth in Chapter 17.89.030.

I. Screening. Each urban lot split development shall incorporate appropriate screening measures along lot lines to provide privacy pursuant to Chapter 17.99.120. Screening design shall comply with the following:

1. Solid walls and fencing such as brick and wood shall not be built higher than 6 feet from the measured grade.
a. Interior screening along the dividing lot line of an urban lot split may incorporate solid screening materials up to 6 feet.
b. In instances where new a new residential unit’s window is within 10 feet of another unit, measured from wall plane to wall plane, a landscape screening shall obscure direct sight lines between dwelling units. 9 J. Windows. Window Treatment. Windows shall be recessed at least three inches from the plane of the surrounding exterior wall or shall have a trim or windowsill at least one-half inch in depth.

K. Off-Street Parking.

1. Required Parking. Off-street parking spaces for an existing primary dwelling shall continue to be provided in accordance with the standards for the underlying zone. One off-street parking space shall be provided for each new primary dwelling unit unless one of the following applies:
a. The lot is located within one-half mile walking distance of either (i) a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the California Public Resources Code, or (ii) a major transit stop as defined in Section 21064.3 of the California Public Resources Code. b. The lot is located within one block of a car-share vehicle location.

2. Required parking for new primary dwelling units may be provided as covered or uncovered parking on the lot, and may be provided as tandem parking. Uncovered parking spaces may be located within the side or rear setbacks, and in the front setback for driveways that provide access for one primary dwelling unit.

3. Vehicle parking areas shall be located, oriented, or screened to prevent visual intrusion of vehicle lights into interior ground-floor residential spaces. Where parking areas are located within 10 feet of a residential unit, they shall be located within a garage, carport, or screened by non-transparent fencing, wall, or landscaping a minimum of 4 feet in height.

L. Design Standards.

1. Building Materials. If there is an existing primary dwelling that was legally established on the lot prior to the filing of a complete application for a twounit development or an urban lot split, any new additional primary dwelling unit shall complement the existing primary dwelling unit by using the same exterior materials (wall, roof, and trim). If two new primary dwelling units are developed on the lot, the dwellings shall use the same exterior materials (wall, roof, and trim).

2. Building Color. Primary dwelling units may vary in color from one another for elements such as wall, roof, and trim.

3. Roof Pitch. If there is an existing primary dwelling that was legally established on the lot prior to the filing of an application for a two-unit development or an urban lot split, any new additional primary dwelling unit shall use the same dominant roof pitch. If two new primary dwelling units are developed on the lot, the dwellings shall use the same dominant roof pitch. The dominant roof pitch is the angle or slope shared by the largest roof area. 10 4. Entry. Each new primary dwelling unit shall have a main entry that is clearly defined by a covered entry that is a minimum depth of three feet and a minimum width of 6 feet. The covered entry may be provided by a recessed entry or a projected sheltering element.

5. Lighting. All building-mounted exterior lighting shall have a maximum height of 15 feet, and be limited to downlights.

M. Mechanical Equipment, Metering Devices. All roof and ground mounted mechanical equipment and metering devices shall be screened from view from either on or off the property. All ground mounted equipment and above-ground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, shall be shown on the site plan, and, to the extent possible, be placed outside of the required front setback area. If mechanical equipment or metering devices are to be located between a structure and the property line, an unobstructed path at least three feet wide shall be provided between the equipment and the property line.

N. Access and Circulation. Minimum Driveway Width. Driveways shall have a minimum width of 10 feet.

O. Refuse Storage Areas. All developments shall comply with trash, recycling and organics storage requirements set forth in Chapter 17.54.010.

P. Utilities.

1. Each primary dwelling unit on a lot must have its own direct utility connection to the utility service provider.

2. All necessary or required easements for the provision of electricity, gas, water, sewer, and other utility or public service to the lot and each primary dwelling unit must be obtained by the property owner/applicant. The city may condition approval of an application under this section upon the applicant providing evidence that such easements have been agreed to and/or recorded.

3. Submitted plans shall show the location and dimension of all proposed above-ground and underground utilities serving the lot and each dwelling unit, as well as the location and dimensions of all related easements.

Q. Drainage and Stormwater Management. Each lot shall drain to the street or to an approved storm drain facility. The design of parkway culverts and storm drain lateral pipe connections to city-maintained storm drains within the city right-of-way shall comply with applicable city standards. SB 9 two-unit residential developments and the development of lots created through an urban lot split are subject to city stormwater requirements.

R. Address Identification. Each residential unit shall have a separate address and shall be provided with approved address identification that is visible 11 from the street fronting the lot in accordance with Section R319 of the California Residential Code. Where the unit address on the building cannot be viewed from the street fronting the lot, a monument, pole, or other means consistent with city standards shall be used to identify the unit. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response.

S. Emergency Access. Development of a lot pursuant to this chapter must conform and comply with all applicable provisions of the fire code and applicable requirements promulgated by the Los Angeles County Fire Authority intended to ensure sufficient emergency access is provided or maintained. Prior to submitting a complete application for an SB 9 two-unit residential development or an urban lot split, the applicant shall obtain and provide city with written confirmation from the Los Angeles County Fire Department that the proposed development complies with all such requirements.

17.102.050 Permit Application and Review Procedures
A. Application. An applicant for an SB 9 two-unit residential development or an urban lot split shall submit an application on a form prepared by the city, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.

B. Review. Consistent with state law, the Director will consider and approve or disapprove a complete application for an SB 9 two-unit residential development or an urban lot split ministerially, without discretionary review or public hearing.

C. Nonconforming Conditions. The correction of legal nonconforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split.

D. Effectiveness of Approval. The ministerial approval of an SB 9 twounit residential development or a parcel map for an urban lot split does not take effect until the city has confirmed that all required documents have been recorded as required by Chapter 16.52, Lot Splits, unless expressly deemed unnecessary by California Government Code Section 65852.21, 66411.7, or 66452.6.

E. Specific, Adverse Impacts. Notwithstanding anything else in this section, the Director may deny an application for an SB 9 two-unit residential development or a parcel map for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. 12 SECTION 4. CEQA. There are no new significant environmental impacts or previously identified significant impacts made more severe by project modifications, new circumstances, or new information associated with the project. Therefore, the City determined that an Addendum to the Hawthorne General Plan Environmental Impact Report for Amendments to Municipal Code Chapter 17, Zoning is the appropriate California Environmental Quality Act (CEQA) document to address project modifications in accordance with CEQA Guidelines Section15164. CEQA Guidelines Section 15164(c) provides that an addendum need not be circulated for public review.

SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. AUTHORIZATION TO PUBLISH SUMMARY OF ORDINANCE.

SECTION 7. EFFECTIVE DATE. This ordinance shall take effect 30 days after passage thereof.
13 PASSED, APPROVED AND ADOPTED this 14th day of November 2023.

ALEX VARGAS, Mayor
City of Hawthorne, California
ATTEST:

DAYNA WILLIAMS-HUNTER, City Clerk
City of Hawthorne, California

APPROVED AS TO FORM

ROBERT KIM,
City Attorney
City of Hawthorne, California

Page 1 of 2 ends

AGENDA ITEM NO. 11

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: Planning
City Manager: __________
Vontray Norris
Dir. of Planning: ___________
Gregg McClain
SUBJECT:

Ordinance No. 2245 (2nd Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWTHORNE, CALIFORNIA, AMENDING SECTION 5.92.120 (EXISTING NONCONFORMING USES) OF TITLE 5 (BUSINESS REGULATION AND LICENSES) AND USING THE COMMON SENSE EXEMPTION PURSUANT TO CEQA. Motion to Adopt
RECOMMENDED MOTION:

Staff Recommends that the City Council adopt Ordinance No. 2245.

DISCUSSION:

On October 9, 2023, the Planning Department received a written request from Imperial Projects, Inc. dba Bare Elegance, to strike certain language from Section 5.92.120 of the Hawthorne Municipal Code (HMC). Section 5.92.120 addresses nonconforming adult uses and prohibits such uses from increasing, enlarging, extending or other alterations except when the use becomes conforming. This applies only to adult uses. This section also declares that any adult business lawfully existing as of the effective date of that section’s adoption is a nonconforming use. The two parts of HMC 5.92.120 are mutually incompatible by virtue of the fact that an adult use cannot be enlarged except by becoming conforming, and simultaneously cannot become conforming without ceasing to be an adult use.

Typically, nonconforming land uses are regulated by HMC Chapter 17.38 in the Zoning Code. This section provides that a nonconforming use cannot be expanded to occupy additional space except by obtaining a conditional use permit (CUP). Imperial Projects, Inc. applied for a CUP to refurbish the interior and exterior of the Bare Elegance adult use, including a proposed expansion of the floor area. Therefore, removal of the language in HMC 5.92.120 that prohibits expanding will not change the nonconforming status of the Bare Elegance but make it possible for them to expand if a CUP is approve.

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CUP applications are discretionary applications decided by the Planning Commission and appealable to the City Council. Also, any potential impacts that may be identified can be addressed by placing conditions of approval on the project. Removing the prohibition on expanding found in HMC 5.92.120 puts the applicant’s business on the same footing with all other nonconforming businesses in the City.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

Goal 3: Improve development processing and customer service operations Goal 4: Update zoning code for the 21st century
FISCAL IMPACT:

There is no fiscal impact to the City as a result of the adoption of this Ordinance. There is the possibility of a slight increase in revenue if the expansion and remodel results in additional sales tax. The estimated increase is unknown and probably not significant in the overall City revenues collections.

NOTICING PROCEDURES:

A notice was not required to be posted or published.

ATTACHMENT(S):

1. Ordinance 2245.

ORDINANCE NO. 2245

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HAWTHORNE, CALIFORNIA, AMENDING SECTION 5.92.120
(EXISTING NONCONFORMING USES) OF TITLE 5
(BUSINESS REGULATION AND LICENSES) AND USING THE

COMMON SENSE EXEMPTION PURSUANT TO CEQA
WHEREAS, on October 9, 2023, the Planning Department received a written request from Imperial Projects, Inc. dba Bare Elegance, to strike certain language from Section 5.92.120 of the Hawthorne Municipal Code (HMC); WHEREAS, HMC Section 5.92.120 addresses nonconforming adult uses and prohibits such uses from increasing, enlarging, extending or other alterations to the use except that the use become conforming, and applied only to adult uses; WHEREAS, HMC Section 5.192.120 also declares that any adult business lawfully existing as of the effective date of that section’s adoption is a nonconforming use; WHEREAS, the two parts of HMC Section 5.92.120 are mutually incompatible by virtue of the fact that an adult use cannot be enlarged except by becoming conforming, and simultaneously cannot become conforming without ceasing to be an adult use; WHEREAS, nonconforming land uses are regulated by HMC Chapter 17.38; WHEREAS, HMC Section 17.38.030 provides that a nonconforming use cannot be expanded to occupy additional space except by obtaining a conditional use permit (CUP);
WHEREAS, The requestor of this amendment, Imperial Projects, Inc. applied for a CUP to refurbish the interior and exterior of the adult business known as Bare Elegance, which includes a proposed expansion of the floor area;
WHEREAS, removal of the language in HMC 5.92.120 that prohibits adult uses from expanding will not change the nonconforming status of the adult use, Bare Elegance, which is the only adult use in the City;
WHEREAS, removal of the language in HMC 5.92.120 that prohibits adult uses from expanding will subject the proposed refurbishment project at the Bare Elegance site subject to a CUP if the floor area is expanded;
WHEREAS, CUP applications are discretionary applications decided by the Planning Commission and appealable to the City Council; WHEREAS, the City Council of the City of Hawthorne wishes now to adopt Ordinance No. 2045 to amend Section 5.92.120 of Title 5 as described below. 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HAWTHORNE DOES ORDAIN AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. Section 5.92.120 shall be amended as follows:

5.92.120 Existing nonconforming uses
Any adult business lawfully existing as of the effective date of the ordinance establishing this chapter becomes a nonconforming use by reason of the adoption of this chapter. No nonconforming use shall be increased, enlarged, extended or altered except that the use, or any portion thereof, may be changed to conforming use.

SECTION 3. CEQA. It can be seen with certainty that there is no possibility that the amendment described in this ordinance may have a significant effect on the environment, the activity is not subject to further CEQA action. This Common Sense Exemption applies to the amendment of HMC Section 5.92.120 and not to any subsequent conditional use permit or other discretionary action that may rely on this amendment.

SECTION 5. AUTHORIZATION TO PUBLISH SUMMARY OF ORDINANCE.

SECTION 67. EFFECTIVE DATE. This ordinance shall take effect 30 days after passage thereof.
3 PASSED, APPROVED AND ADOPTED this 14th day of November 2023.

ALEX VARGAS, Mayor
City of Hawthorne, California
ATTEST:

DAYNA WILLIAMS-HUNTER, City Clerk
City of Hawthorne, California

APPROVED AS TO FORM

ROBERT KIM,
City Attorney
City of Hawthorne, California

Page 1 of 3 ends

AGENDA ITEM NO. 12

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: City Attorney
City Manager: __________
Vontray Norris
City Attorney: ___________
Robert Kim
SUBJECT:

Ordinance No. 2246: An Ordinance of the City Council of the City of Hawthorne, California, Amending Section 2.17.040 (Terms of Office) of Chapter 2.17 (Youth Commission); Amending Section 2.18.040 (Terms of Office) of Chapter 2.18 (Civil Service Commission); Amending Section

2.19.020 (Members) of Chapter 2.19 (Veterans’ Affairs commission); Amending Section 2.20.040 (Terms of Office) of Chapter 2.20 (Senior Citizens’ Commission); Amending Section 2.22.040 (Terms of Office) of Chapter 2.22 (Park, Recreation and Fine Arts Commission); Amending Section

2.28.090 (Terms of Office) of Chapter 2.28 (Planning Commission) of the Hawthorne Municipal Code; And Making a Finding of Exemption in Compliance with CEQA in Connection Therewith RECOMMENDED MOTION:

Introduce Ordinance No. 2246 on November 14, 2023 and Adopt Ordinance No. 2246 on December 12, 2023.

DISCUSSION:

Under Title 2 of the Municipal Code, the following commissions were established:
 Youth Commission (Chapter 2.17)
 Civil Service Commission (Chapter 2.18)
 Veterans’ Affairs Commission (Chapter 2.19)
 Senior Citizens’ Commission (Chapter 2.20)
 Parks, Recreation and Fine Arts Commission (Chapter 2.22)  Planning Commission (Chapter 2.28)
Each of the listed commission serves as an advisory role to the city council and pursuant to the Hawthorne Municipal Code, the commissioners serving on those commissions are appointed by

Page 2 of 3 ends

the Mayor then approved by the majority of the City Council. Although the State law (Government Code § 54970) encourages cities to have diverse resident’s participation in serving as commissioners, the City of Hawthorne had commissioners serving on certain commissions for over a decade. One of the causes for the lack of diverse participation was the inconsistencies in the term limits of the commissioners in the ordinance and resolutions.

In order to remedy the confusion and allow the community to have a greater opportunity to participate as a commissioner, In March 2023, the City Council adopted Ordinance No. 2238, which set a term limit of one term of four consecutive years for all commissioners. The ordinance had a provision that required the removal of all of the termed out commissioners when applications were received by the City Clerk, except to preserve a quorum. The effect of the ordinance was that a few commissions had only the minimal number of commissioners necessary for a quorum, typically, three out of five commissioners. The impact was the cancellation of many commission meetings due to lack of quorum from one commissioner’s inability to attend a particular meeting.

This amendment to the commissioner term limits ordinance deletes the provision that requires the removal of all termed out commissioners upon the receipt of applications from candidates but keeping the necessary number for a quorum. The amendment keeps the term limit for commissioners to a one term of four consecutive years but would allow all commissioners to remain until a new candidate is qualified by a majority of the council members, with the replacement of the longest serving commissioner. The effect of the amendment will be that an eventual five member commission would remain that way as the termed out commissioners would be replaced only when a new appointee is qualified by a majority vote of the council.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

The Ordinance will allow the City to maintain a full panel of commissioners for each commission until each termed out commissioner is replaced with a newly approved/qualified commissioner. It is intended to minimize the risk of canceling a meeting of the commission due to lack of a quorum. The continuous meetings of all commissions is essential to the economic development of the City, especially with the planning commission, which is necessary for future developments.

FISCAL IMPACT:

None.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Ordinance No. 2246

Page 3 of 3 ends

1 ORDINANCE NO. 2246

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF HAWTHORNE, CALIFORNIA, AMENDING
SECTION 2.17.040 (TERMS OF OFFICE) OF CHAPTER

2.17 (YOUTH COMMISSION); AMENDING SECTION

2.18.040 (TERMS OF OFFICE) OF CHAPTER 2.18
(CIVIL SERVICE COMMISSION); AMENDING
SECTION 2.19.020 (MEMBERS) OF CHAPTER 2.19
(VETERANS’ AFFAIRS COMMISSION); AMENDING
SECTION 2.20.040 (TERMS OF OFFICE) OF CHAPTER

2.20 (SENIOR CITIZENS’ COMMISSION); AMENDING
SECTION 2.22.040 (TERMS OF OFFICE) OF CHAPTER

2.22 (PARK, RECREATION AND FINE ARTS
COMMISSION); AMENDING SECTION 2.28.090
(TERMS OF OFFICE) TO CHAPTER 2.28 (PLANNING

COMMISSION) OF THE HAWTHORNE MUNICIPAL
CODE; AND MAKING A FINDING OF EXEMPTION IN

COMPLIANCE WITH CEQA IN CONNECTION

THEREWITH
WHEREAS, Title 2 (Administration, Civil Service and Personnel) of the Hawthorne Municipal Code establishes various city commissions in Chapters 2.17 (Youth Commission),

2.18 (Civil Service Commission), 2.19 (Veterans’ Affairs Commission), 2.20 (Senior Citizens’ Commission), 2.22 (Park, Recreation and Fine Arts Commission), 2.28 (Planning Commission); and
WHEREAS, the City Council of the City of Hawthorne adopted Ordinance No. 2238, setting the term limits for all commissioners of the aforesaid commissions; and WHEREAS, Ordinance No. 2238 contained a provision common to all of the commissions which provided for the removal of the commissioners that had served more than one term of four consecutive years when the City Clerk received applications to replace those commissioners unless the removal would result in the commission lacking sufficient number of members for a Quorum; and
WHEREAS, all of the said commission consist of five commissioners except the Park, Recreation and Fine Arts Commission, which has seven commissioners; and 2 WHEREAS, the aforementioned Ordinance No. 2238’s provision providing for the removal of the commissioners who served four consecutive years except for preserving a quorum, resulted in the cancellation of meetings due to a lack of quorum when only one commissioner was absent for a meeting; and
WHEREAS, the City of Hawthorne seeks to minimize the number of cancellation of commission meetings due to lack of quorum; and
WHEREAS, City Staff has determined that the adoption of this Ordinance is a type of organizational activity involving the administration of the City that does not have the possibility to have a direct or indirect effect on the environment and is therefore exempt from review under the California Environmental Quality Act (CEQA) pursuant to Title 14, California Code of Regulations, Section 15378(b)(5). In addition, the actions taken by this Ordinance are not a “project” under CEQA because the Ordinance does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment and is also exempt from CEQA pursuant to the “common sense” exemption because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (Title 14, California Code of Regulations, Section 15061(b)(3).

NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF HAWTHORNE DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council of the City of Hawthorne hereby incorporates by reference all the recitals herein.

SECTION 2. Section 2.17.040 (Terms of Office) of Chapter 2.17 (Youth Commission) of Title 2 (Administration, Civil Service and Personnel) of the Hawthorne Municipal Code is hereby amended to read as follows:

2.17.040 Terms of Office
A. The teen members of the commission shall be appointed to a term of one year.

B. The members of the commission that are qualified electors of the city shall not serve more than one term of four consecutive years or until their successors are appointed and qualified. This section shall apply regardless of whether the member’s term has commenced or 3 occurred prior to the effective date of the ordinance imposing this one term of four consecutive years. The removal of the members whose term has expired shall be in the order of the longest serving member’s removal before other members whose term has expired.

C. The members of the commission that are qualified electors of the city who have served one term of four consecutive years may be reappointed pursuant to section 2.17.030 of this Chapter after ceasing to be a member of the commission for more than ninety consecutive days.

If such member of the commission is thereafter reappointed pursuant to section 2.17.030, the one term of four consecutive years begins anew.

D. The members of the commission that are qualified electors of the city who have served one term of four consecutive years can continue to serve on the commission until the applications to replace the said commission members are submitted to the city clerk. For the aforesaid members whose term has expired and the replacement application has been submitted, the members may continue to serve on the commission if the removal would result in the commission lacking a sufficient number of members for a quorum as defined in Section 2.17.070. The removal of the members whose term has expired shall be in the order of the longest serving member’s removal before other members whose term has expired.

SECTION 3. Section 2.18.040 (Terms of Office) of Chapter 2.18 (Civil Service Commission) of Title 2 (Administration, Civil Service and Personnel) of the Hawthorne Municipal Code is hereby amended to read as follows:

2.18.040 Terms of Office
A. The members of the commission shall not serve more than one term of four consecutive years or until their successors are appointed and qualified. This section shall apply regardless of whether the member’s term has commenced or occurred prior to the effective date of the ordinance imposing this one term of four consecutive years. The removal of the members whose term has expired shall be in the order of the longest serving member’s removal before other members whose term has expired.
4 B. The members of the commission who have served one term of four consecutive years may be reappointed pursuant to section 2.18.030 of this Chapter after ceasing to be a member of the commission for more than ninety consecutive days. If such member of the commission is reappointed pursuant to section 2.18.030, the one term of four consecutive years begins anew.

C. The members of the commission who have served one term of four consecutive years can continue to serve on the commission until the applications to replace the said commission members are submitted to the city clerk. For the aforesaid members whose term has expired and the replacement application has been submitted, the members may continue to serve on the commission if the removal would result in the commission lacking a sufficient number of members for a quorum as defined in Section 2.18.090. The removal of the members whose term has expired shall be in the order of the longest serving member’s removal before other members whose term has expired.

SECTION 4. Section 2.19.020 (Members) of Chapter 2.19 (Veterans’ Affairs Commission) of Title 2 (Administration, Civil Service and Personnel) of the Hawthorne Municipal Code shall be amended to read as follows:

2.19.020 Members.

A. The veterans’ affairs commission shall be composed of five members who are residents of the city. All members shall be appointed by the mayor with the approval of a majority of the city council. Members of the commission shall serve at the pleasure of the city council and may be removed from office without cause, notice or hearing, by a majority vote of the city council.

B. The members of the commission shall not serve more than one term of four consecutive years or until their successors are appointed and qualified. This section shall apply regardless of whether the member’s term has commenced or occurred prior to the effective date of the ordinance imposing this one term of four consecutive years. The removal of the members whose term has expired shall be in the order of the longest serving member’s removal before other members whose term has expired.
5 C. The members of the commission who have served one term of four consecutive years may be reappointed pursuant to subsection A of this section after ceasing to be members of the commission for more than ninety consecutive days. If such member of the commission is reappointed pursuant to subsection A of this section, the one term of four consecutive years begins anew.

D. The members of the commission who have served one term of four consecutive years can continue to serve on the commission until the applications to replace the said commission members are submitted to the city clerk. For the aforesaid members whose term has expired and the replacement application has been submitted, the members may continue to serve on the commission if the removal would result in the commission lacking a sufficient number of members for a quorum as defined in Section 2.19.040. The removal of the members whose term has expired shall be in the order of the longest serving member’s removal before other members whose term has expired.

SECTION 5. Section 2.20.040 (Terms of Office) of Chapter 2.20 (Senior Citizens’ Commission) of Title 2 (Administration, Civil Service and Personnel) of the Hawthorne Municipal Code shall be amended to read as follows:

2.20.040 Terms of Office
A. The members of the commission shall not serve more than one term of four consecutive years or until their successors are appointed and qualified. This section shall apply regardless of whether the member’s term has commenced or occurred prior to the effective date of the ordinance imposing this one term of four consecutive years. The removal of the members whose term has expired shall be in the order of the longest serving member’s removal before other members whose term has expired.

B. The members of the commission who have served one term of four consecutive years may be reappointed pursuant to section 2.20.030 of this Chapter after ceasing to be a member of the commission for more than ninety consecutive days. If such member of the commission is 6 thereafter reappointed pursuant to section 2.20.030, the one term of four consecutive years begins anew.

C. The members of the commission who have served one term of four consecutive years can continue to serve on the commission until the applications to replace the said commission members are submitted to the city clerk. For the aforesaid members whose term has expired and the replacement application has been submitted, the members may continue to serve on the commission if the removal would result in the commission lacking a sufficient number of members for a quorum as defined in Section 2.20.070. The removal of the members whose term has expired shall be in the order of the longest serving member’s removal before other members whose term has expired.

SECTION 6. Section 2.22.040 (Terms of Office) of Chapter 2.22 (Park, Recreation and Fine Arts Commission) of Title 2 (Administration, Civil Service and Personnel) of the Hawthorne Municipal Code shall be amended to read as follows:

2.22.040 Terms of Office.

A. The members of the commission shall not serve more than one term of four consecutive years or until their successors are appointed and qualified. This section shall apply regardless of whether the member’s term has commenced or occurred prior to the effective date of the ordinance imposing this one term of four consecutive years. The removal of the members whose term has expired shall be in the order of the longest serving member’s removal before other members whose term has expired.

B. The members of the commission who have served one term of four consecutive years may be reappointed pursuant to section 2.20.030 2.22.030 of this Chapter after ceasing to be a member for more than ninety consecutive days. If such member of the commission is thereafter reappointed pursuant to section 2.20.030 2.22.030, the one term of four consecutive years begins anew.
7 C. The members of the commission who have served one term of four consecutive years can continue to serve on the commission until the applications to replace the said commission members are submitted to the city clerk. For the aforesaid members whose term has expired and the replacement application has been submitted, the members may continue to serve on the commission if the removal would result in the commission lacking a sufficient number of members for a quorum as defined in Section 2.22.070. The removal of the members whose term has expired shall be in the order of the longest serving member’s removal before other members whose term has expired.

SECTION 7. Section 2.28.090 (Terms of Office) of Chapter 2.28 (Planning Commission) of Title 2 (Administration, Civil Service and Personnel) of the Hawthorne Municipal Code shall be amended to read as follows:

2.28.090 Terms of Office
A. The members of the commission shall not serve more than one term of four consecutive years or until their successors are appointed and qualified. This section shall apply regardless of whether the member’s term has commenced or occurred prior to the effective date of the ordinance imposing this one term of four consecutive years. The removal of the members whose term has expired shall be in the order of the longest serving member’s removal before other members whose term has expired.

B. The members of the commission who have served one term of four consecutive years may be reappointed pursuant to section 2.28.020 of this Chapter after ceasing to be a member of the commission for more than ninety consecutive days. If such member of the commission is thereafter reappointed pursuant to section 2.28.020, the one term of four consecutive years begins anew.

C. The members of the commission who have served one term of four consecutive years can continue to serve on the commission until the applications to replace the said commission members are submitted to the city clerk. For the aforesaid members whose term has expired and the replacement application has been submitted, the members may continue to serve on the 8 commission if the removal would result in the commission lacking a sufficient number of members for a quorum as defined in Section 2.28.060. The removal of the members whose term has expired shall be in the order of the longest serving member’s removal before other members whose term has expired.

SECTION 8. Maddy Local Appointive List Act. The City Clerk shall follow Government Code sections 54970 through 54974 regarding the noticing of vacancies of the commissioner positions within 20 days of the occurrence of the vacancy and prepare a Local Appointment List by December 31st of each year which contains the list of all appointed position due to expire in the following year, names of the incumbents, dates of appointments, date the term expires and the necessary qualifications for the position.

SECTION 9. Any provision of the City of Hawthorne Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance.

SECTION 10. CEQA. The City Council hereby concurs with staff’s determination and hereby finds that the adoption of this Ordinance is a type of organizational activity involving the administration of the City that does not have the possibility to have a direct or indirect effect on the environment and is therefore exempt from review under the California Environmental Quality Act (CEQA) pursuant to Title 14, California Code of Regulations, Section 15378(b)(5). In addition, the actions taken by this Ordinance are not a “project” under CEQA because the Ordinance does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment and is also exempt from CEQA pursuant to the “common sense” exemption because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (Title 14, California Code of Regulations, Section 15061(b)(3).

SECTION 11. Severability. If any section, subsection, phrase or clause of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION 12. City Clerk. The City Clerk shall attest to the adoption of this Ordinance and shall cause this Ordinance to be posted in the manner required by law. 9 SECTION 13. Effective Date. This Ordinance shall take effect thirty (30) days after passage thereof.

SECTION 14. Summary Publication. Pursuant to Government Code section 36933(c)(1), the City Attorney is authorized to prepare a “fair and adequate” summary of this Ordinance. The City Clerk is also authorized to publish a summary of this Ordinance and post a certified copy of the Ordinance at least five days prior to its adoption. Within 15 days after adoption of the Ordinance, the City Clerk is directed to publish a summary. The City Clerk is also directed to forward a copy of Ordinance No. 2234 to Quality Code Publishing, 2100 Westlake Ave., Suite No. 106, Seattle, WA 98109.

PASSED, APPROVED AND ADOPTED this __th day of ________, 2023. ______________________________
ALEX VARGAS, Mayor
ATTEST: City of Hawthorne, California
DAYNA WILLIAMS-HUNTER, City Clerk
City of Hawthorne, California
APPROVED AS TO FORM:

ROBERT M. KIM,
City Attorney
City of Hawthorne, California

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AGENDA ITEM NO. 13

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Agreement between the City of Hawthorne and the Regional Integration of Intelligent Transportation Systems (RIITS) for the NextGen Countywide Signal Priority (CSP) Upgrade and Expansion and the I-105/I-405 Integrated Corridor Management (ICM) Project.

RECOMMENDED MOTION:

Staff recommends that the City Council approve the agreement with Los Angeles County Metropolitan Transportation (Metro) to exchange infrastructure and operational resources and authorize the City Manager or his designee to enter into and execute this agreement.

DISCUSSION:

Public Works staff has been coordinating with the Los Angeles County Metropolitan Transportation Authority (Metro) for over a year regarding two projects that will include the City of Hawthorne.

The Integrated Corridor Management (ICM) brings together all the public agencies serving the I105 and I-405 corridors with a goal of minimizing the impact of traffic incidents, and making travel safer and more efficient. The other cities and agencies include SBCCOG, El Segundo, Lawndale, Manhattan Beach, Gardena, Inglewood, Caltrans, LAWA and LADOT. All cities, including Hawthorne, signed the project charter back in May 2023 to collaborate with this project. The ICM provides a unified vision for cooperation, innovation and integration to better use technology and strategies that will improve travel throughout the area. The project includes using transportation technology to lessen the impact of traffic incidents – minimizing congestion to ease travel. This includes traffic signal and communication upgrades, bicycle and pedestrian safety enhancements, advanced ramp metering, and changeable message boards for travelers.

Page 2 of 2 ends

The Metro Countywide Signal Priority (CSP) Upgrade and Expansion NextGen Project (NextGen) will deploy Bus Signal Priority (BSP) systems along Hawthorne Boulevard and Crenshaw Boulevard in Hawthorne, from Imperial Highway to Rosecrans Avenue on Hawthorne Boulevard and from Rocket Road to Innovative Way on Crenshaw Boulevard to support Metro Lines 40 and 240. The project includes the design, procurement, installation and testing of a bus signal priority system to support Metro’s Bus service. Traffic signal improvements will include controller and controller software upgrades, placement of WLAN equipment including antennas, enclosures, and hardware mounted in the intersection controller cabinets as well as the use of existing conduits, the possible use of existing signal interconnect, communication, traffic controller and controller cabinet upgrades and equipment installation.

The agreement with Metro will allow for multi-agency coordination and collaboration to implement the intelligent transportation systems architecture, reduce redundancies, leverage investments, and facilitate systemwide operational improvements that support regional mobility, safety, and sustainability goals.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

This agreement is a result of the City working with funding and regulatory agencies to support our infrastructure and technologically improve the City’s traffic system.

FISCAL IMPACT:

None. Neither party shall incur any cost from the other or charge for anything related to this agreement.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Interagency Memorandum of Understanding

2. I-105 I-405 ICM Project Fact Sheet

3. NextGen Project Information

4. Metro 105 ICM Presentation

Page 1 of 11 ends

INTERAGENCY MEMORANDUM OF UNDERSTANDING

between

Los Angeles County Metropolitan Transportation Authority, in its capacity as the Administrator of the Regional Integration of Intelligent Transportation Systems (“RIITS”), located at 1 Gateway Plaza, Los Angeles, California 90012

and

City of Hawthorne (“Hawthorne”), located at 4455 West 126th Street, Hawthorne, CA 90250

This Interagency Memorandum of Understanding (the “Agreement”) between the Los Angeles County Metropolitan Transportation Administration in its capacity as the RIITS Administrator (“Administrator”) and Hawthorne sets forth the obligations and rights of membership in the Configuration Management Committee that oversees RIITS.

Administrator and Hawthorne may be referred to individually as a “Party” and collectively as “Parties”. This is a no cost Agreement. Neither Party shall incur any cost from the other or charge for anything related to this Agreement. This Agreement will be effective on the last date of signatures below (the “Effective Date”).

RECITALS
WHEREAS, on or about April 15, 2004, the State of California, Department of Transportation for District 7 (“Caltrans”), the City of Los Angeles, Department of Transportation (“LADOT”), and the Los Angeles County Metropolitan Transportation Administration ("LACMTA") entered into an interagency memorandum of understanding (the "RIITS MOU") to establish the Regional Integration of Intelligent Transportation Systems (“RIITS”) for the purpose of exchanging infrastructure and operational resources, including, but not limited to, near real time traffic, transit, video, and other data relating to all modes of transportation;
WHEREAS, on or about December 1, 2004, LACMTA, Caltrans, and LADOT entered into Amendment No. 1 to the RIITS MOU to:
• name LACMTA as the Administrator and delegate authority to LACMTA to administer, maintain, operate, manage and monitor RIITS access, codify system changes, process Member, Associate, and User agreements, and enforce the terms and conditions of the processed agreements; and
• establish a Configuration Management Committee (“CM Committee”) to oversee RIITS;
WHEREAS, the CM Committee adopted bylaws (the “Bylaws”) to establish among other things, rules of membership, roles and responsibilities of Members and officers of the CM Committee, and the voting process by which the CM Committee may take action as the governing body of RIITS;

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WHEREAS, to participate in RIITS, each Member and/or Associate must first enter into an Interagency Memorandum of Understanding substantially similar to this Agreement and authorize the Administrator to exchange data through RIITS; WHEREAS, on June 2, 2023, the CMC voted and approved Hawthorne to join the CM Committee as a voting Member on the condition that Hawthorne exchanges Information through RIITS;
WHEREAS, Hawthorne desires to join the CM Committee as a voting Member and exchange Information through RIITS infrastructure and operational resources; and WHEREAS, Hawthorne agrees to share operational and infrastructure resources for Countywide Signal Priority (“CSP”); and
WHEREAS, Hawthorne agrees to share operational and infrastructure resources for Integrated Corridor Management (“ICM”);
NOW, THEREFORE, in consideration for the promises set forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties hereto agree as follows:

1. DEFINITIONS

1.1. "Information" means any and all data, records, materials, including specifically but not limited to near or real time traffic, transit, video, and other data relating to all modes of transportation. As defined herein below, a subset of Information is RIITS Data, and a subset of RIITS Data is Transportation Data.

1.2. “Interagency Memorandum of Understanding” means an agreement entered into between Administrator and a public agency setting forth the terms and conditions of the agency’s membership in the CM Committee.

1.3. “Member” or “Members” means any entity that has been approved by the CM Committee to be a voting member of the CM Committee and has entered into an Interagency Memorandum of Understanding.

1.4. “Associate” or “Associates” means any entity that has been approved by the CM Committee to be a non-voting member of the CM Committee and has entered into an Interagency Memorandum of Understanding.

1.5. “Users” means non-members that have access to Transportation Data Members and Associates authorize Administrator to make available.

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1.6. “RIITS Data” means Information available through RIITS and any other data that RIITS Administrator makes available under this Agreement during the Term from sources of data supplied through RIITS, including, but not limited to, data provided via Members’ and Associate’s infrastructure and operational resources. Members and Associates may have login access to RIITS Data and access to operational and infrastructure resources that may not be available to Users or the general public.

1.7. “Transportation Data” means a subset of the RIITS Data that the Member which is the source of the Information authorizes to be incorporated into the public facing section of www.riits.net, shared or exchanged with Users, and that may be included in the public facing applications of Members, Associates, and Users.

2. MEMBERSHIP

2.1. Upon execution of this Agreement by both Parties, Hawthorne will become a Member.

2.2. As a Member, Hawthorne agrees to abide by and uphold the Bylaws and jointly with other Members, develop, review, and approve additional Bylaws, guidelines, protocols, terms and conditions, agreements, memorandum of understandings between and for Members, Associates, and Users and/or licensees. To the extent a conflict may arise between this Agreement and the Bylaws, the Bylaws shall govern.

2.3. Hawthorne understands that Information accessed via RIITS is to be used for transportation related system management purposes only. RIITS Data shall only be used to provide general information about transportation and to assist Members and Associates in transportation management operations. RIITS Data shall not be used for any non-transportation related system management purposes, including but not limited to, law enforcement, except law enforcement and emergency management agencies may use the RIITS Data for the purpose of situational awareness, tactical planning, infrastructure protection, or incident response. RIITS Data shall not be recorded in any manner without the prior approval of the source of the RIITS Data.

2.4. Members may exchange Information per this Agreement. Members may choose to add or remove infrastructure and operational resources, including Information exchanged through RIITS by Member’s written notice to Administrator. As a Member, Hawthorne may have access to Information and may use RIITS Data according to this Agreement. Hawthorne acknowledges and agrees that Members and Associates may access and use Information provided by Hawthorne as RIITS Data subject to this Agreement.

2.5. Hawthorne is responsible for the procurement, maintenance, and upgrade of its equipment required for transmitting, receiving, and displaying the RIITS Data.

2.6. Hawthorne may enter into third party contracts on behalf of RIITS to obtain and provide transportation and related data, service, or maintenance agreements for the benefit of Hawthorne and RIITS Members and Associates, with Administrator approval.

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2.7. Member agrees to participate in CSP and ICM as more particularly set forth in the Countywide Signal Priority and Integrated Corridor Management attachments, which are incorporated into and made part of this Agreement.

3. DISSEMINATION OF THE DATA

3.1. With the approval of the voting Members of the CM Committee and the execution of a written agreement, Transportation Data may be licensed to Users.

3.2. At any time, the source of Information may:

3.2.1. Revoke the authority to use its Transportation Data in public facing applications and the public facing www.riits.net website.

3.2.2. Revoke the authority to license its Transportation Data to Users.

3.2.3. Cause the Administrator to remove from RIITS the RIITS Data it has provided.

3.3. Hawthorne shall prevent any unauthorized use of the RIITS Data by its personnel.

3.4. As between the Administrator and/or any and all Members and/or Associates, on the one side, and the Party providing its Information and access to operational and infrastructure resources, on the other, the Party providing Information and access to operational and infrastructure resources retains ownership and control of said Information and access to operational and infrastructure resources.

4. COMPENSATION
This is a no cost Agreement. Neither Party shall incur any cost from the other or charge for anything related to this Agreement. However, Members may enter into a separate written agreement for the provision of hardware, software, license, training, warranty, service, product, and other work provided by Members and Associates.

5. AMENDMENTS
No amendment, modification, alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties hereto.

6. PUBLIC RECORDS ACT

6.1 Each Party understands and agrees that any and all Information is subject to the provisions of the California Public Records Act, California Government Code sections 6250, et seq. ("CPRA”) and/or the Federal Freedom of Information Act, Title 5 USC 552 ("FOIA")

6.2 Administrator will not advise as to the nature or content of Information entitled to protection from disclosure under the CPRA or FOIA but will use best efforts to provide the source Party timely notification of any third-party request for disclosure.

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6.3 The source Party shall timely (1) notify Administrator in writing whether and to the extent it objects to disclosure of Information and (2) seek the appropriate judicial relief under the CPRA or FOIA.

6.4 If the source Party does not timely notify Administrator of any objection to disclosure and obtain judicial instruction or relief, then Administrator may comply with the request to the extent required by the CPRA or FOIA.

6.5 In the event of any judicial proceeding or action concerning or seeking the disclosure of any Information, the source Party understands and agrees that Administrator's sole involvement will be as a custodial stakeholder to retain the Information until otherwise ordered by a court of competent jurisdiction. The source Party, at its sole expense and risk, shall be responsible for any and all fees for prosecuting or defending any proceeding or action concerning Information, and shall indemnify, defend, and hold Administrator harmless from all liability, including attorney’s fees, costs, and expenses, in connection with any such proceeding or action.

7. CONFIDENTIALITY

7.1. Parties agree that for and during the entire term of the Agreement, all information, except Transportation Data, including, but not limited to data, figures, records, findings and the like received or generated by the Agreement and in the performance of the Agreement, shall be considered and kept private and confidential and shall not be divulged to any person, firm, corporation, or other entity, unless required by the California Public Records Act or any other applicable law.

7.2. Upon termination of the Agreement for any cause, Parties agree that they will continue to treat as private and confidential any information other than Transportation Data, including but not limited to, data, figures, records and the like, and will not release any such information to any person, firm, corporation or other entity, unless required by the California Public Records Act or any other applicable law.

8. REPRESENTATIONS AND WARRANTIES

8.1. Neither Administrator nor any of the Members and Associates, nor any of their respective employees, officers, agents, or consultants makes any warranty, express or implied, with respect to infrastructure and operational resources, sources of data and Information, nor with respect to the accuracy, sufficiency or completeness thereof, nor with respect to any of the software or other systems provided by Administrator or any Member or Associate under this Agreement. RIITS is provided on an “as is” and “with all faults” basis, with Hawthorne using RIITS at its own risk.

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8.2. Neither Administrator, Members, nor Associates make any representations or warranties, express or implied, that the RIITS Data will perform on Hawthorne’s equipment. Further, Administrator makes no representations or warranties, express or implied, that RIITS Data will be suitable for the purposes for which it is permitted to be used under the terms of this Agreement. THE IMPLIED WARRANTIES OF

MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY WAIVED BY THE PARTIES.

8.3. Hawthorne warrants that all work necessary to transmit its Information through RIITS has been completed. In the event of breach of this warranty, Hawthorne shall take the necessary actions to correct the breach and the consequences thereof, at Hawthorne’s sole expense, in the most expeditious manner as permitted by existing circumstances. Upon notification from Administrator of Hawthorne’s breach, if Hawthorne does not promptly take steps to correct the breach, Administrator may: 1) Correct the breach or cause others to do so upon written consent of Hawthorne.

Administrator may require Hawthorne to reimburse Administrator for any work that is completed by Administrator or others to correct the breach; 2) disconnect Hawthorne from RIITS; or 3) terminate this Agreement and Hawthorne’s Membership. The remedies described above are non-exclusive and Administrator’s use of these remedies does not waive any other rights or remedies it may have at law or otherwise.

9. LIMITATION OF LIABILITY

9.1. Except for Indemnity obligations set forth in section 10, neither Hawthorne, Administrator, any Member, or any Associate, or any of their respective employees, officers, agents, or consultants shall be liable for any damages, claim or loss incurred by a Member or Associate (including without limitation, compensatory, incidental, indirect, special, consequential, or exemplary damages, lost profits, lost sales or business, expenditures, investments or commitments in connection with any business, or loss of goodwill) resulting from the RIITS Data or inability to use the provided RIITS Data irrespective of whether Administrator, Hawthorne, Members and/or Associates have been informed of, knew of, or should have known of the likelihood of such damages, claim, or loss.

9.2. Members and Associates assume no liability or responsibility for Hawthorne equipment.

9.3. Hawthorne will not hold any Member or Associate liable or responsible in any way for unforeseen interruptions in providing the RIITS Data regardless of cause.

9.4. Hawthorne, on behalf of itself and its agents, sub-licensees, employees, clients, and customers, hereby waives and releases Administrator and all Members and Associates from any and all liability, including but not limited to claims, causes of action, losses, costs, damages, and expenses of any kind or nature whatsoever, whether known or unknown, to the extent caused by or attributable to RIITS, this Agreement, or the use of RIITS Data by Hawthorne.

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Hawthorne (for itself and its clients, customers and employees) expressly waives the benefit of Section 1542 of the California Civil Code, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”. (Hawthorne’s Initials) ______

10. INDEMNIFICATION

10.1. To the fullest extent permitted by law, and with counsel approved by the Administrator, Hawthorne shall defend, indemnify, and hold harmless the Administrator, Members, and Associates, including the respective agents, employees, directors, or officers of each (the “Indemnified Parties”), from and against any and all liability, to the extent arising out of, connected with, or resulting from any act or omission of Hawthorne or any of its officers, authorized representative, employees, subcontractors or suppliers, or any person or organization directly or indirectly employed by any of them, which liability includes but is not limited to claims, actions, suits (including but not limited to workers’ compensation suits and breaches of contract claims made by employees of Hawthorne against Indemnified Parties), demands, costs, judgments, liens, penalties, damages, losses, and/or expenses, including but not limited to any fees of accountants, attorneys or other professionals.

10.2. The indemnification specified in this Section shall survive termination or closeout of the Agreement hereunder and is in addition to any other rights or remedies that Members and Associates may have under the law or under this Agreement.

10.3. Parties acknowledge that all Members and Associates enter into an Interagency Memorandum of Understanding with substantially similar indemnification language under which Hawthorne shall be indemnified as a Member.

10.4. Claims against the indemnified Members and/or Associates by any employee of the Members and/or Associates, its subcontractors, suppliers, anyone directly or indirectly employed by any of them, and/or anyone for whose acts any of them may be liable shall not in any way limit Hawthorne’s indemnification obligation as set forth above, including the Agreement and/or type of damages, compensation, and/or benefits payable by or for the Hawthorne or its subcontractors under workers’ compensation acts, disability benefit acts, and/or other employee benefit acts and/or insurances.

11. NO WAIVER

11.1. Failure of Administrator to enforce at any time, or from time to time, any provision of the Agreement shall not be construed as a waiver thereof.

11.2. No waiver by Administrator of any breach of any provision of the Agreement shall constitute a waiver of any other breach or of such provision.

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11.3. Failure or delay by Administrator to insist upon strict performance of any terms or conditions of the Agreement, or to exercise any rights or remedies provided by law, shall not be deemed a waiver of any right of Administrator to insist upon performance of Hawthorne's obligations set forth in the Agreement, or rights or remedies as to any prior or subsequent default hereunder.

12. TERM OF THE AGREEMENT

12.1. The term of the Agreement shall begin upon the date of the last Party to sign this Agreement and shall continue for one (1) year (the “Initial Term”).

12.2. The Agreement shall automatically renew month to month (each a “Renewal Term”), unless either Party sends written notice to the other Party at least thirty (30) days before expiration of the Initial Term or any Renewal Term that it does not wish to renew the Agreement.

12.3. The term of the Agreement shall consist of the Initial Term and any Renewal Term (the “Term”).

13. TERMINATION

13.1. If Hawthorne fails to comply with any of the terms and conditions contained within this Agreement, Administrator may revoke Hawthorne’s access privileges to RIITS Data and, upon written notification, terminate this Agreement immediately. In addition, Administrator shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity.

13.2. Except as provided in the preceding paragraph, CM Committee reserves the right to revoke Hawthorne’s access privileges to RIITS and terminate this Agreement at any time, upon thirty (30) days prior written notice to Hawthorne.

13.3. Hawthorne may terminate this Agreement upon thirty (30) days prior written notice to Administrator.

14. OTHER TERMS AND CONDITIONS

14.1. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

14.2. Each Member and Associate of the CM Committee is an express third-party beneficiary of this Agreement.

14.3. The persons executing this Agreement on behalf of the Parties shall be duly authorized to execute this Agreement on behalf of its respective Party.

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15. ASSIGNMENT
Hawthorne shall not assign, transfer, convey, or otherwise dispose of the Agreement (or the right, title, or interest in it or any part of it) without the prior written consent of the CM Committee and endorsement of the Administrator, which consent shall not be unreasonably withheld.

16. AUTHORITY TO ENTER AGREEMENTS AND MANAGEMENT OF RIITS

16.1. LACMTA as the Administrator is authorized to execute Member, Associate, and User agreements which contain provisions regarding guidelines, protocols, terms and conditions on use of RIITS that have been approved by the CM Committee on behalf of all Members and Associates, including Hawthorne.

16.2. Hawthorne hereby acknowledges that Administrator or any successor Administrator selected by the CM Committee is delegated authority to provide for the day-to-day operation, maintenance, management, and monitoring of RIITS, codify system changes, provide administrative support to the CM Committee, execute related agreements, and enforce the terms and conditions of agreements.

17. GOVERNING LAW
The Agreement has been negotiated, entered into, and shall be performed, within the State of California, and as such California substantive and procedural law shall apply, except to the extent preempted or superseded by federal law. By entering into the Agreement, the Parties consent and submit to the jurisdiction of the courts of the State of California, County of Los Angeles, over any action at law, suit in equity, and/or other proceeding that may arise out of the Agreement.

18. SEVERABILITY
In the event any article, section, sub-article, paragraph, sentence, clause, phrase contained in the Agreement shall be determined, declared, adjudged invalid, illegal, unconstitutional, or otherwise void, such determination, declaration, or adjudication shall in no manner affect the other articles, sections, sub-articles, paragraphs, sentences, clauses, or phrases of the Agreement, which shall remain in full force and effect as if the article, section, sub-article, paragraph, sentence, clause, or phrase declared, determined, or adjudged invalid, illegal, unconstitutional, or otherwise void, was not originally contained in the Agreement.

19. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between Hawthorne and the Administrator regarding RIITS, and supersedes any and all previous and contemporaneous agreements, whether written or oral, and all communications between the Parties regarding RIITS.

20. BINDING ON SUCCESSORS AND ASSIGNS
This Agreement shall run to the benefit of and be binding upon any successors and assigns.

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21. CONTACT INFORMATION
Notices under this Agreement shall be sent by first-class U.S. mail, postage prepaid, to the Hawthorne contact and to the Administrator, at the address specified. Each Party will notify the other in writing of changes to their designated contact person. Notices shall be deemed effective five business days after such mailing.

Contact information regarding any aspects of this Agreement is as follows:

21.1. Hawthorne Contact Information
Hawthorne may provide a primary and a technical contact. Hawthorne contact information is as follows:

21.1.1. Primary Contact Name
Name: City of Hawthorne
Contact Name: Mr. Akbar Farokhi
Title: Director of Public Works
Address: 4455 West 126th St
Hawthorne, CA 90250
Telephone: (310) 349-2980
Email: [email protected]

21.1.2. Technical Contact Name
Name: City of Hawthorne
Contact Name: Mr. Dweejal (DJ) Torado
Title: Assistant Engineer
Address: 4455 West 126th St
Hawthorne, CA 90250
Telephone: (310) 349-2987
Email: [email protected]

21.2. LACMTA in its capacity as RIITS Administrator Contact Agency Name: Los Angeles County Metropolitan Transportation Authority Contact Name: Mr. Kali Fogel
Title: RIITS Administrator
Address: 1 Gateway Plaza
Los Angeles, CA 90012
Telephone: (213) 922-2665
Email: [email protected]

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22. ELECTRONIC SIGNATURES
Each Party agrees that electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby bearing an original or electronic signature by facsimile, by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives as of the dates indicated below.

Los Angeles County Metropolitan
Transportation Authority, in its
capacity as the duly authorized
RIITS Administrator
City of Hawthorne
STEPHANIE N. WIGGINS

CHIEF EXECUTIVE OFFICER
By:

Steven Gota
Executive Officer
Date Vontray Norris
City Manager
Date

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COUNTYWIDE SIGNAL PRIORITY ATTACHMENT

1. PARTICIPATION BY MEMBERS

1.1 This Countywide Signal Priority (“CSP”) Attachment to the Interagency Memorandum of Understanding between Los Angeles County Metropolitan Transportation Authority (“LACMTA”), in its capacity as the Administrator of the Regional Integration of Intelligent Transportation Systems (“RIITS”) and Hawthorne sets forth the terms and conditions for participation by the Member in Countywide Signal Priority.

1.2 The Parties shall determine where CSP equipment and software will be installed within the Member’s jurisdiction as RIITS infrastructure. LACMTA on behalf of RIITS may install CSP infrastructure within Member’s jurisdiction. The Parties will mutually cooperate to promptly resolve any technical or institutional issues, including those during design, implementation, operation, and maintenance of CSP.

1.3 By participating in CSP, the Member authorizes RIITS to make certain changes or improvements to the Member's traffic control equipment at targeted intersections.

1.4 Notwithstanding any provision to the contrary, whether expressly or by implication, the Member has and retains the sole responsibility for the operation and maintenance of its traffic control system.

1.5 LACMTA has deployed, or will be deploying, its bus service through certain corridors in the Member's jurisdiction. A component of the bus program is to provide signal priority for buses at signalized intersections along the bus route. LACMTA uses CSP technologies to implement and maintain the signal-priority function of the bus service.

1.6 The Member acknowledges and agrees that CSP was prepared in accordance with state and federal signal safety requirements, and the implementation of CSP does not adversely affect or alter the safety parameters of the local traffic control system.

2. MEMBER RESPONSIBILITIES
The Member hereby agrees, in no particular order, to each and every of the following:

2.1. Member shall provide or make available existing traffic signal plans for targeted intersections to RIITS;

2.2. Member shall provide coordination support during the design, installation, and test of all CSP elements. Such support may include, without limitation, timely review of design, access to necessary equipment for installation, providing timely inspections and approvals, and making staff available on an as-needed basis;

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2.3. Member shall work with RIITS to make space available for the installation of CSP equipment within traffic controller cabinets and on traffic signal poles and mast arms as necessary;

2.4. Member shall issue all required permits at no cost to LACMTA on behalf of RIITS or its contractors for all work directly related to the installation of CSP;

2.5. Member shall assist with the installation of any updated traffic signal control programs required for CSP operations. Further, the Member shall remain responsible for entering the signal timing, including CSP parameters, and for other tasks directly related to day-to-day traffic signal operations;

2.6. Member hereby authorizes RIITS to obtain the applicable traffic signal control firmware for the Member in order to operate CSP;

2.7. Member retains the exclusive ownership and control over all traffic signal control equipment. Other than the CSP and related equipment, the Member shall also retain exclusive ownership and control over the equipment, firmware, software and improvements that RIITS makes to the Member's traffic signal control operations;

2.8. Member shall support the deployment of CSP and will cooperate with RIITS to successfully install signal priority within Member’s jurisdiction;

2.9. Member shall provide, at its own cost and expense, operational infrastructure within Member's jurisdiction that allows CSP to operate normally;

2.10. Member shall promptly notify the CSP Program Manager whenever RIITS infrastructure is disconnected during the normal course of traffic signal control operations and maintenance or otherwise;

2.11. Member shall notify the CSP Program Manager immediately if RIITS infrastructure is damaged or removed. Member will retain any and all removed equipment, including hardware, parts, etc., for return to RIITS;

2.12. Member retains the responsibility for the operations and maintenance of its traffic control system, including those intersections receiving upgrades. Nothing in this Countywide Signal Priority Attachment is intended to change or be construed to change the Member's responsibilities in operating and maintaining its traffic control system, including, without limitation, traffic timing/signal issues at the Member's intersections;

2.13. Member reserves the right to disconnect CSP hardware as deemed necessary as part of normal traffic signal control operations and maintenance;

2.14. Member shall promptly notify CSP Program Manager if CSP hardware is disconnected during the normal course of traffic signal control operations and maintenance; and

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2.15. Member hereby appoints and designates the following individual to serve as the principal point of contact for the Member for purposes of CSP:

2.15.1. CSP Contact Name
Name: City of Hawthorne
Contact Name: Mr. Dweejal (DJ) Torado
Title: Assistant Engineer
Address: 4455 West 126th St
Hawthorne, CA 90250
Telephone: (310) 349-2987
Email: [email protected]

3. ADMINISTRATOR RESPONSIBILITIES
Subject to and upon approval from the RIITS Configuration Management Committee, and in no particular order, RIITS shall perform as follows:

3.1. RIITS shall work closely with Member to ensure that the deployment of signal priority does not impact traffic conditions or increase normal operations and maintenance requirements at signal prioritized intersections;

3.2. Work with Member to develop appropriate signal priority implementation strategies acceptable to both Parties. The Parties understand and agree that the Member is ultimately responsible for the traffic signal timing sheets that control all intersections;

3.3. At RIITS’ sole cost and expense, RIITS shall procure, test, and in coordination with the Member, integrate and install all elements necessary to implement CSP at each targeted intersection, and shall not install CSP equipment until RIITS has received Member's approval;

3.4. In furtherance of 2.4 above, RIITS and/or its contractors shall obtain from Member all necessary permits and coordinate with the Member prior to commencing fieldwork;

3.5. RIITS has and shall retain the exclusive ownership and control over CSP and related equipment; and

3.6. Coordinate all operations and maintenance directly attributable to the signal priority deployment with the Member.

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4. CSP PROGRAM MANAGER
The CSP Program Manager is the designated and primary point-of-contact for any and all CSP technical and administrative matters. Their contact information is below.

4.1. CSP Program Manager Contact
Agency Name: Los Angeles County Metropolitan Transportation Authority Contact Name: Mrs. Eva Moon
Title: CSP Program Manager
Address: 1 Gateway Plaza
Los Angeles, CA 90012
Telephone: (213) 418-3285
Email: [email protected]

END OF COUNTYWIDE SIGNAL PRIORITY ATTACHMENT

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INTEGRATED CORRIDOR MANAGEMENT ATTACHMENT

1. PARTICIPATION BY MEMBERS

1.1 This Integrated Corridor Management (“ICM”) Attachment to the Interagency Memorandum of Understanding between Los Angeles County Metropolitan Transportation Authority (“LACMTA”), in its capacity as the Administrator of the Regional Integration of Intelligent Transportation Systems (“RIITS”) and Hawthorne sets forth the terms and conditions for participation by the Member in Integrated Corridor Management.

1.2 The Parties shall determine where ICM equipment and software will be installed within the Member’s jurisdiction as RIITS infrastructure. LACMTA on behalf of RIITS may install ICM infrastructure within Member’s jurisdiction. The Parties will mutually cooperate to promptly resolve any technical or institutional issues, including those during design, implementation, operation, and maintenance of ICM.

1.3 By participating in ICM, the Member authorizes RIITS to make certain changes or improvements to the Member's traffic control equipment at targeted intersections.

1.5 The Member acknowledges and agrees that ICM was prepared in accordance with state and federal signal safety requirements, and the implementation of ICM does not adversely affect or alter the safety parameters of the local traffic control system.

2. MEMBER RESPONSIBILITIES
The Member hereby agrees, in no particular order, to each and every of the following:

2.1. Member shall operate and maintain local traffic control and ITS assets to support ICM;

2.2. Member shall fulfill their ICM requirements for their jurisdiction;

2.3. Member shall assign agency staff or contracted agency staff to participate in scheduled meetings, calls, and workshops associated with the ICM corridor;

2.4. Member shall review and provide timely comments on documents, reports, and plans as it relates to the specific ICM corridor;

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2.5. Member shall provide coordination support during the design, installation, and test of all ICM elements. Such support may include, without limitation, timely review of design, access to necessary equipment for installation, providing timely inspections and approvals, and making staff available on an as-needed basis;

2.6. Member shall notify the ICM Program Manager of any significant changes being considered to data, traffic signal controller hardware and firmware, transit routes, signal timing, ITS devices, and other items that potentially impact the corridor and/or arterial operations so that all stakeholders are informed and can make adjustments for the betterment of the overall ICM corridor;

2.7. Member shall participate in the RIITS ICM Subcommittee on an as-needed basis. All technical, performance, and operational matters for ICM will be resolved among the partnering agencies within this Subcommittee. ICM activities will be directed through each agency's primary contact and then advanced through each agency's management as needed.

2.8. Member shall provide or make available existing traffic signal plans for targeted intersections to RIITS;

2.9. Member shall work with RIITS to make space available for the installation of ICM equipment within traffic controller cabinets and on traffic signal poles and mast arms as necessary;

2.10. Member shall issue all required permits at no cost to LACMTA on behalf of RIITS or its contractors for all work directly related to the installation of ICM elements;

2.11. Member shall assist with the installation of any updated traffic signal control programs required for ICM operations. Further, the Member shall remain responsible for entering the signal timing and for other tasks directly related to dayto-day traffic signal operations;

2.12. Member retains the exclusive ownership and control over all traffic signal control equipment and other ITS equipment used for daily traffic operations. Other than the ICM and related equipment, the Member shall also retain exclusive ownership and control over the equipment, firmware, software and improvements that RIITS makes to the Member's traffic signal control operations;

2.13. Member shall provide, at its own cost and expense, operational infrastructure within Member's jurisdiction that allows ICM to operate normally;

2.14. Member shall promptly notify the ICM Program Manager whenever RIITS infrastructure is disconnected during the normal course of traffic signal control operations and maintenance or otherwise;

2.15. Member shall notify the ICM Program Manager immediately if RIITS infrastructure is damaged or removed. Member will retain any and all removed equipment, including, but not limited to, hardware, parts, equipment, software, tools, and other items provided for return to RIITS;

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2.16. Member retains the responsibility for the operations and maintenance of its traffic control system, including those intersections receiving upgrades. Nothing in this Integrated Corridor Management Attachment is intended to change or be construed to change the Member's responsibilities in operating and maintaining its traffic control system, including, without limitation, traffic timing/signal issues at the Member's intersections; and

2.17. Member hereby appoints and designates the following individual to serve as the principal point of contact for the Member for purposes of ICM:

ICM Contact Name
Name: City of Hawthorne
Contact Name: Mr. Dweejal (DJ) Torado
Title: Assistant Engineer
Address: 4455 West 126th St
Hawthorne, CA 90250
Telephone: (310) 349-2987
Email: [email protected]

3. ADMINISTRATOR RESPONSIBILITIES
Subject to and upon approval from the RIITS Configuration Management Committee, and in no particular order, RIITS shall perform as follows:

3.1. RIITS shall work closely with Member to ensure that the deployment of ICM does not impact traffic conditions or increase normal operations and maintenance requirements at signal prioritized intersections;

3.2. Work with Member to develop appropriate response plan strategies acceptable to both Parties. The Parties understand and agree that the Member is ultimately responsible for the traffic signal timing sheets that control all intersections;

3.3. At RIITS’ sole cost and expense, RIITS shall procure, test, and in coordination with the Member, integrate and install all elements necessary to implement ICM at each targeted intersection, and shall not install ICM equipment until RIITS has received Member's approval;

3.4. In furtherance of 2.10 above, RIITS and/or its contractors shall obtain from Member all necessary permits and coordinate with the Member prior to commencing fieldwork;

3.5. Coordinate all operations and maintenance directly attributable to the ICM deployment with the Member.

Page 4 of 4 ends

4. ICM PROGRAM MANAGER
The ICM Program Manager is the designated and primary point-of-contact for any and all ICM technical and administrative matters. Their contact information is below.

4.1. ICM Program Manager Contact
Agency Name: Los Angeles County Metropolitan Transportation Authority Contact Name: Mr. Edward Alegre
Title: ICM Program Manager
Address: 1 Gateway Plaza
Los Angeles, CA 90012
Telephone: (213) 418-3287
Email: [email protected]

END OF INTEGRATED CORRIDOR MANAGMENT ATTACHMENT

WHAT IS INTEGRATED CORRIDOR
MANAGEMENT (ICM)?
ICM brings together all the public agencies serving the I-105 and I-405 corridors with a goal of minimizing the impact of traffic incidents, and making travel safer and more efficient.

In the past, these agencies worked separately to solve their own unique challenges. But ICM provides a unified vision for cooperation, innovation and integration to use better technology and strategies that will improve travel throughout the whole corridor.

I-105/I-405 CORRIDOR
ICM PROJECT OVERVIEW:

The I-105/I-405 corridor Integrated Corridor Management (ICM) project includes using transportation technology
to lessen the impact of traffic incidents – minimizing
congestion to ease travel. The project will deliver near-term benefits of improved mobility, safety and air quality to the communities within the I-105/I-405 corridors. By using
integrated technologies and proactive response strategies, the I-105/I-405 corridor ICM project will better manage congestion during incidents and emergencies, providing
seamless and more efficient transportation.
105
405

INTEGRATED

CORRIDOR

MANAGEMENT
ISSUED:

MAY 2023
KEY ICM Benefit
9Optimizing Corridor Operations
9Enhancing Safety
9Improving Incident Response
9Improving Travel Time Reliability
9Integrating Systems
9Building Multi-Jurisdictional
Partnerships
9Improved Environment
KEY ICM Features
9Signal upgrades
9Communication upgrades
9Advanced ramp metering
9Vehicle detection
9Travel time systems
9Traveller information
9Corridor management system
9System integration
9CCTV cameras
9Data hub
For more information
about the project,
Please contact:

Shrota Sharma
Metro Project
Manager
[email protected]
213.418.3058

INGLEWOOD
LENNOX

DEL AIRE

EL SEGUNDO
DELTA

WEST ATHENS

WESTCHESTER

ALONDRA PARK

PLAYA DEL REY
Pacific
Ocean GARDENA

WESTMONT

LAWNDALE

REDONDO BEACH

HAWTHORNE

LOS ANGELES LOS ANGELES

UNINCORPORATED

MANHATTAN BEACH

MARINE AVE

VERMONT AVE S VERMONT AVE

PRAIRIE AVE PRAIRIE AVE

VISTA DEL MAR

HAWTHORNE BLVD

AVIATION BLVD

S LA CIENEGA BLVD

PACIFIC AVE

W EL SEGUNDO BLVD

AVIATION BLVD

CRENSHAW BLVD CRENSHAW BLVD

S WESTERN AVE S WESTERN AVE

S NORMANDIE AVE S NORMANDIE AVE

S VAN NESS AVE

ROSECRANS AVE

EL SEGUNDO BLVD

W IMPERIAL HWY

MANHATTAN BEACH BLVD

MAIN ST

S INGLEWOOD AVE

WESTCHESTER PKWY

HIGHLAND AVE

PERSHING DR

AIRPORT BLVD
W 92ND ST

REDONDO BEACH BLVD

W CENTURY BLVD

SEPULVEDA BLVD

W ROSECRANS AVE
W 96TH ST

S LA BREA AVE

W GRAND AVE

ARBOR VITAE ST

MANCHESTER BLVD

HAWTHORNE BLVD
LEGEND
I-405/I-105 Freeway Corridor
I-105 ICM Arterials
I-405 ICM Arterials
I-405/I-105 ICM Arterials Overlap

W IMPERIAL HWY
W 120TH ST

PROJECT AREA

STAKEHOLDERS
1 PROJECT OVERVIEW
The Los Angeles County Metropolitan Transportation Authority (Metro) Countywide Signal Priority (CSP) Upgrade and Expansion NextGen Project (NextGen) will deploy Bus Signal Priority (BSP) systems along several corridors throughout Los Angeles County. The CSP systems to be deployed will be based on the technologies, hardware, and software developed, tested, and placed into “on the street” operation as defined by Metro’s CSP Standard.

CSP Compliant Systems have been deployed throughout Los Angeles County along several major corridors.

This project seeks to commission new BSP systems along some corridors and modernize existing systems for others.

The project includes the design, procurement, installation, and testing of a bus signal priority (BSP) system to support Metro’s Bus service. Traffic signal improvements other than controller and controller software upgrades, such as cabinet change-outs and installation of new traffic signal cables, and street improvements, such as ADA improvements, curb replacements, median modifications, and access ramps are not included in the scope of work.

As part of the project, the design team will conduct meetings with each of the affected local agencies responsible for traffic signal operations and maintenance to discuss the placement of the WLAN equipment including antennas, enclosures, and hardware mounted in the intersection controller cabinets as well as the use of existing conduits, the possible use of existing signal interconnect, communication, traffic controller and controller cabinet upgrades, and equipment installation requirements in the following corridors:
• Line 260 Atlantic Blvd
• Line 180 Colorado Blvd
• Line 210: CrenshawBlvd
• Line 70 Garvey Ave/Cesar Chavez Ave
• Line 212: Hawthorne Blvd
• Line 60: Long Beach Blvd
• Line 111: Florence Ave
• Line 115: Manchester Blvd
• Line 4: Santa MonicaBlvd
• Line 78: Main St
• Line 108: Slauson Ave
• Line 180: Los Feliz Rd-Brand Ave-Broadway
2 PROJECT MAP
3 CITY OF HAWTHORNE MAP
4 LIST OF INTERSECTIONS IN CITY OF HAWTHORNE

1. Hawthorne Boulevard & Imperial Highway

2. Hawthorne Boulevard & 116th Street

3. Hawthorne Boulevard & 118th Street

4. Hawthorne Boulevard & 119th Street

5. Hawthorne Boulevard & 120th Street

6. Hawthorne Boulevard & North Mall Entrance

7. Hawthorne Boulevard & Broadway

8. Hawthorne Boulevard & 126th Street

9. Hawthorne Boulevard & El Segundo Boulevard

10. Hawthorne Boulevard & 130th Street

11. Hawthorne Boulevard & 132nd Street

12. Hawthorne Boulevard & 135th Street

13. Hawthorne Boulevard & 138th Street

14. Hawthorne Boulevard & 141st Street

15. Hawthorne Boulevard & Rosecrans Avenue

16. Crenshaw Boulevard & Rocket Road

17. Crenshaw Boulevard & Jack Northrop Avenue

18. Crenshaw Boulevard & Innovative Way

PROJECT CONTACT INFORMATION

LOS ANGELES METROPOLITAN TRANSPORTATION AUTHORITY - METRO Eva Moon
Senior Manager, Transportation Planning
[email protected]
(213) 418-3285
CONSULTANT PROJECT TEAM – PARSONS
Christine Simonton
[email protected]
(470) 898-2140
CONSULTANT PROJECT TEAM – ITERIS
Alek Hovsepian
[email protected]
(818) 621-4208
High Level Design Meeting
October 2023
I-105/I-405 ICM Project
Agenda
 Meeting objective today
 Go over High Level Design process
 Get your input on the system and field elements
within your jurisdiction
 Next steps
Project Status
• System Requirements completed
• High-Level Design underway
We are
here
Project Status
Today
High Level Design (HLD) Overview
• Explains the architecture used to develop system
• High level overview of the preliminary design
• HLD document provides necessary details to represent
suitable model for development and detail design
o Describes all elements of the system including
quantity and locations
City of Hawthorne ICM High Level
Design
ICM Functional Needs

1. Real-time central control of all project signalized IS (signal upgrades)

2. Bike/ped (VRU) safety enhancements (intersection or mid-block – APS, Continental crosswalks and signing, blank out signs, speedfeedback signs, and/or CV)

3. Real-time and historical traffic performance measurement data needs (traffic counts & ped/bike counts – video detection, speeds & travel times – Bluetooth, and signal performance measures – SPM)

4. Real-time visual verification at select locations (CCTV cameras)

5. Traveler information (en-route – CV & DMS and pre-trip – website)

6. Vehicle emissions/air quality measurement data needs (AQS)

7. Advanced ramp metering with real-time central control (DCRMS)

1. Project Signalized Intersections
• Controllers should be Type 2070 LX/ATC, Cobalt, or
equivalent
• Cabinet space for locations with additional devices
• Battery backup, only if needed (e.g., unstable power) • New conflict monitors at upgraded locations
• Communications link for central control

1. Project Signalized Intersections
48 intersections to
be upgraded with
2070 ATC or Cobalt
EOS controllers
13 intersections to
be upgraded with
2070 ATC or Cobalt
EOS controllers by
other projects
Existing controller to
remain in place
SS0
Slide 9
SS0 show only Hawthorne locations
Sharma, Shrota, 2023-10-10T23:14:21.123
JR0 0 done
jroldan.Verifier, 2023-10-11T01:50:13.191

2. VRU Location Enhancements
• Improvement Elements to Consider
o Pedestrian/bicycle video detection
o Continental crosswalk striping
o Accessible Pedestrian Signal (APS) elements
o Blank out signs
o Connected Vehicle (CV) RSU (SPaT, MAP, PSM, TIM)
2 2. VRU Location Enhancements

1. El Segundo Blvd/Crenshaw Blvd

2. Rosecrans Ave/Hawthorne Blvd

2. VRU Location Enhancements

1. El Segundo Blvd/Crenshaw Blvd
Also, Red-Light Warning System proposed at 1 location

2. VRU Location Enhancements
Also, Red-Light Warning System proposed at 1 location
RoadSide Unit
BlankOut Sign
• Location with collision history
• Warn incidental violators of approaching red traffic light • Based on vehicle speed and distance to intersection
• Blank Out Signs at NB/SB approach of intersections on new poles El Segundo Blvd/Crenshaw Blvd

3. ICM Corridor Performance Data
• Real-time and historical data at key intersections
• Traffic flow counts (ViDS)
• Speeds/travel times (Bluetooth – dual use RSU)
• Ped/bike flow counts at VRU enhancement locations
and high ped/bike volume locations (ViDS)
• Traffic signal performance measures (SPM)

3. ICM Corridor Performance Data
Proposed ViDS (5 locations)
Existing ViDS to remain (8 locations)
Upgrade Existing ViDS (8 locations)
SS0
Slide 15
SS0 show only Hawthrone locations
Sharma, Shrota, 2023-10-10T23:17:16.380
JR0 0 It already does
jroldan.Verifier, 2023-10-11T01:55:51.643

4. CCTV Cameras for visual verification
Existing Proposed Upgrade (1 location)

1. El Segundo/Hawthorne
SS0
Slide 16
SS0 show only hawthorne locations
Sharma, Shrota, 2023-10-10T23:18:14.835
JR0 0 It already does
jroldan.Verifier, 2023-10-11T01:56:58.448

5. Traveler Information
• Pre-Trip (various websites – City, Metro, 511)
• Enroute
o Roadside Unit (RSU – CV2X/Bluetooth dual unit) for
SPaT and MAP to OBUs
o Dynamic Message Signs (DMS) – 4 locations
 NB Hawthorne Blvd at Imperial Hwy
 EB 120th St at Prairie Ave
 SB Aviation at El Segundo Blvd
 EB El Segundo Blvd at Hawthorne Blvd
S
Slide 17
SS0 remove DMS locations that are not in hawthorne
Sharma, Shrota, 2023-10-10T23:19:19.275
JR0 0 All 4 are in Hawthorne or tie to Hawthorne intersections (where they will possibly pull power). jroldan.Verifier, 2023-10-12T15:11:06.500

5. Traveler Information (SPaT/MAP)
Proposed CV-Ready
SPaT and MAP (8 locations)

1. Imperial Hwy/Hawthorne Blvd

2. Imperial Hwy/Freeman Ave

5. Traveler Information (DMS)
Proposed Dynamic Message Signs (DMS)
(4 locations)

1. NB Hawthorne Blvd at Imperial Hwy

2. EB 120th St at Prairie Ave

3. SB Aviation at El Segundo Blvd

4. EB El Segundo Blvd at Hawthorne Blvd
SS0
Slide 19
SS0 same comment as before
Sharma, Shrota, 2023-10-10T23:19:36.026
JR0 0 All 4 are in Hawthorne or tie to Hawthorne intersections (where they will possibly pull power). jroldan.Verifier, 2023-10-11T01:57:52.702

5. Traveler Information (DMS)
LAC-10 (Hawthorne Boulevard Northbound and South of Imperial Highway)

5. Traveler Information (DMS)
LAC-30 (120th Street Eastbound and West of Prairie Avenue )

5. Traveler Information (DMS)
LAC-36 (Aviation Boulevard Southbound and North of El Segundo Boulevard ) SS0
Slide 22
SS0 isn't this in el segundo?
Sharma, Shrota, 2023-10-10T23:21:14.452
JR0 0 The intersection is half El Segundo and half Hawthorne. We have a number of intersections like this in the study area. Prefer to show it to both cities since the intersection is in play (even though the sign is in El Segundo. jroldan.Verifier, 2023-10-11T01:59:59.337

5. Traveler Information (DMS)
LAC-47 (El Segundo Boulevard Eastbound and West of Hawthorne Boulevard )

6. Air Quality Sensors
Measures air quality for vehicle emissions assessment
Proposed (3 locations)

1. Imperial Hwy/Hawthorne Blvd

2. Prairie Ave/120th St

3. El Segundo Blvd/Aviation Blvd
SS0
Slide 24
SS0 same comment
Sharma, Shrota, 2023-10-10T23:21:41.422
JR0 0 All 3 locations in Hawthorne.
jroldan.Verifier, 2023-10-11T02:00:35.501
Other Items
 Railroad Crossings
 Communication Gaps
2 Hawthorne Project Updates
 Crenshaw Blvd Signal Improvement and Intersection (Measure M)  Imperial Hwy Signal Improvement and Intersection Capacity Project (Measure R)
 Rosecrans Ave Signal Improvements and Intersection Capacity Enhancements (Measure R)
 El Segundo Blvd Improvement Phase I
2 Listing of Improvements (Hawthorne)
No East/West Street North/South Street Other Project Improvements Existing
Controller Type
Proposed
Controller by
Other Projects
Proposed
Controller
Existing
ViDS
Proposed
ViDS
Existing
CCTV
Proposed
CCTV
Proposed Dual
Bluetooth/CV-2x
Proposed
DMS
Proposed
Environmental
Sensors
Proposed
Pedestrian
Safety
Enhancement
Proposed Red
Light Warning
Proposed
Cabinet
Upgrade
Proposed
Conflict
Monitors
Proposed CVReady SPaT
and MAP
LAC-5 111th St Hawthorne Blvd 170 ATC 2070 ATC NO NO YES LAC-6 I-105
WB OffRamp/Hawthorne
Blvd/111th St
170
2070 ATC

NO NO YES
LAC-7 Imperial Hwy Sundale Ave 170ATC/HC11 2070 ATC NO NO YES LAC-8 Imperial Hwy Inglewood Ave 170ATC/HC11 2070 ATC NO YES NO YES LAC-9 Imperial Hwy
Firmona
Ave/Ramona Ave ASC/2-2100 Cobalt EOS NO NOYES
LAC-10 Imperial Hwy Hawthorne Blvd Cobalt - 2100 Cobalt EOS YES YES YES YES YES YES YES YES LAC-11 Imperial Hwy Freeman Ave 170ATC/HC11 2070 ATC NO NO YES

YES YES
LAC-18 120th St Felton Ave 170ATC/HC11 2070 ATC NO NO YES LAC-19 120th St Inglewood Ave 170ATC/HC11 2070 ATC NO YES NO YES LAC-20 120th St Eucalyptus Ave ASC/2 Cobalt EOS NO NO YES LAC-21 120th St Ramona Ave ASC/2 Cobalt EOS NO NO YES
LAC-22 120th St Grevillea Ave ASC/2 Cobalt EOS NO NO YES LAC-23 118th St Hawthorne Blvd ASC/2 Cobalt EOS NO NO YES LAC-24 119th St Hawthorne Blvd ASC/2 Cobalt EOS NO NO YES LAC-25 120th St Hawthorne Blvd ASC/3 Cobalt EOS YES YES YES YES LAC-26 120th St Birch Ave ASC2 Cobalt EOS NO NO YES
LAC-27 120th St Freeman Ave ASC/2 Cobalt EOS NO NO YES
LAC-28 120th St York Ave ASC/2 Cobalt EOS NO NO YES
LAC-29 118th St Prairie Ave Cobalt Cobalt EOS NO NO YES LAC-30 120th St Prairie Ave ASC/2 Cobalt EOS NO YES NO YES YESYES LAC-31 120th St Doty Ave 170ATC/HC11 2070 ATC NO NO YES LAC-36 El Segundo Blvd Aviation Blvd El Segundo Blvd. Imp. Project 170ATC/HC11 2070 ATC YES YES YES YES YESYES LAC-37 El Segundo Blvd Isis Ave El Segundo Blvd. Imp. Project 170 2070 ATC NO YES YES LAC-38
SB El Segundo Blvd
Ramps
I-405 170
2070 ATC

NO NO YES
Listing of Improvements (Hawthorne)
No East/West Street North/South Street Other Project Improvements Existing
Controller Type
Proposed
Controller by
Other Projects
Proposed
Controller
Existing
ViDS
Proposed
ViDS
Existing
CCTV
Proposed
CCTV
Proposed Dual
Bluetooth/CV-2x
Proposed
DMS
Proposed
Environmental
Sensors
Proposed
Pedestrian
Safety
Enhancement
Proposed Red
Light Warning
Proposed
Cabinet
Upgrade
Proposed
Conflict
Monitors
Proposed CVReady SPaT
and MAP
LAC-39 El Segundo Blvd La Cienega Blvd 170E 2070 ATC NO YES NO YES LAC-40 El Segundo Blvd Ocean Gate Ave 170 2070 ATC NO NO YES LAC-41 El Segundo Blvd Shoup Ave 170E 2070 ATC NO NO YES LAC-42 El Segundo Blvd Inglewood 170 2070 ATC NO YES YES LAC-43 El Segundo Blvd Ramona Ave 170E 2070 ATC NO NO YES LAC-44 Mall North Entrance Hawthorne Blvd CSP and NextGen Cobalt Cobalt EOS LAC-45 Broadway Hawthorne Blvd CSP and NextGen Cobalt Cobalt EOS NO YES LAC-46 126th St Hawthorne Blvd CSP and NextGen Cobalt Cobalt EOS LAC-47 El Segundo Blvd Hawthorne Blvd CSP and NextGen Cobalt Cobalt EOS YES YES YES YES YES LAC-48 El Segundo Blvd Birch Ave ASC/3 Cobalt EOS NO NO YES LAC-49 El Segundo Blvd Washington Ave ASC/3 Cobalt EOS NO NO YES LAC-50 Broadway Prairie Ave ?? Cobalt EOS NO NO YES
LAC-51 Jack Northrop Ave Prairie Ave ?? Cobalt EOSYES
LAC-52 El Segundo Blvd Prairie Ave ASC/3 Cobalt EOS YES YES NO YES LAC-53 El Segundo Blvd Doty Ave cobalt Cobalt EOS NO YES YES LAC-54 El Segundo Blvd Kornblum Ave ASC/3 Cobalt EOS YES NO YES LAC-55 El Segundo Blvd Yukon Ave ASC/3-2100 Cobalt EOS NO NO YES LAC-56 El Segundo Blvd Cerise Ave ASC/3 Cobalt EOS NO NO YES LAC-57 El Segundo Blvd Chadron Ave 170ATC/HC11 2070 ATC NO NO YES LAC-58
Century Business
Ctr/Rocket Rd Crenshaw Blvd CSP and NextGen Cobalt Cobalt EOS YES NO LAC-59 Jack Northrop Ave Crenshaw Blvd CSP and NextGen Cobalt Cobalt EOS YES NO LAC-60 El Segundo Blvd Crenshaw Blvd CSP and NextGen 170SATC 2070 YES YES YES YES YES LAC-61 El Segundo Blvd Wilkie Ave ASC/2 Cobalt EOS NO NO YES LAC-62 El Segundo Blvd Van Ness Ave 170E 2070 ATC NO NO YES LAC-67 135th St Aviation Blvd 170ATC/HC11 2070 ATC NO NO YES LAC-68 Alaska Ave Aviation Blvd 170ATC/HC11 2070 ATC NO NO YES Listing of Improvements (Hawthorne)
Next Steps
 Review comments/feedback (2 weeks)
 Complete High-Level Design document
 Details on specific elements/devices and locations
 Conduct field assessment
 Check cabinets/conduits for space
 Verify existing devices and conditions
 Late October, necessary coordination with city techs
 Begin base mapping for detailed design
2

Page 1 of 2 ends

AGENDA ITEM NO. 14

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: Police - Operations
City Manager: __________
Vontray Norris
Chief of Police: ___________
Gary Tomatani
SUBJECT:

Approve an appropriation of $63,243.15 from the "OT Reimbursement - Special Events - Inglewood" account, number 100-109-51956, for the purchase of Supplemental Law Enforcement Liability Insurance; and
Approval of a Purchase Order in the “Not to Exceed” Amount of $63,243.15 for payment to Arthur J Gallagher Risk Management Services, LLC for Supplemental Law Enforcement Liability Insurance.

RECOMMENDED MOTION:

Staff recommends that the City Council approve an appropriation of $63,243.15 from the "OT Reimbursement - Special Events – Inglewood," account, number 100-109-51956, and approve a purchase order in the “Not to Exceed” Amount of $63,243.15 payable to Arthur J Gallagher Risk Management Services, LLC for Supplemental Law Enforcement Liability Insurance.

DISCUSSION:

The City of Hawthorne and the City of Inglewood have a signed an agreement for supplemental law enforcement services to provided for special events at Sofi Stadium, YouTube Theater, and Forum. The Agreement provides that the City of Hawthorne will be reimbursed for overtime payments made to the City of Hawthorne for police officers providing such services. The City Council approved this Agreement in July of 2021.The Hawthorne Police Department has been providing these services for the City of Inglewood for the last three years. Staff recommends that supplemental liability insurance be issued to cover the City of Hawthorne and Hawthorne police officers while working these events in official police capacity outside of the jurisdictional

Page 2 of 2 ends

boundaries of the City of Hawthorne.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

The City of Hawthorne is providing reimbursed contract services for supplemental law enforcement services to the City of Inglewood for special events.

FISCAL IMPACT:

None. The City of Hawthorne receives overtime reimbursement for police services for the City of Inglewood related to special events at the YouTube Theater, Sofi Stadium and The Forum. The amount requested will be paid from the "OT Reimbursement - Special Events - Inglewood" account in the amount of $63,243.15.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. City of Hawthorne Law Enforcement Liability Insurance Binder

2. Arthur J Gallagher Risk Management Services, LLC Invoice #4838959 in the amount of $63,243.15
Public Risk Underwriters of Texas
101 W. Renner Road, #300
Richardson, TX 75082
Main Number: 469-449-1516
9/7/2023 9:02 AM Page 1 of 3
September 7, 2023
Natalie Bates
Arthur J. Gallagher & Co. - San Francisco
P.O. Box7443
San Francisco, CA 94120-7443
RE: City of Hawthorne, CA
Law Enforcement Liability
Dear Natalie,
Thank you for your recent order to bind coverage for the referenced account. I am happy to present the attached Binder for your review.

Please review carefully to ensure that all terms and conditions match your order. Please don’t hesitate to contact Dale Powell at 469-929-2120 or e-mail at [email protected], if you have any questions or if we can be of any further assistance.

Also, please note all outstanding information and forward at your earliest convenience. We will have an invoice and policy for you shortly.

Kindest regards,
Mark E. Dillard
President
Public Risk Underwriters of Texas
101 W. Renner Road, #300
Richardson, TX 75082
Main Number: 469-449-1516
9/7/2023 9:02 AM Page 2 of 3

TEMPORARY INSURANCE BINDER

LAW ENFORCEMENT LIABILITY
SEPTEMBER 7, 2023 POLICY NUMBER: 038246959-00
This binder will serve as temporary evidence of coverage pending the issuance of the policy, or until 12:01 am on 10/23/2023, whichever comes first. Failure to provide outstanding documentation may result in a rescission of this binder. Upon issuance of the replacing policy, this binder shall be null and void from inception.

THIS INSURER IS NOT LICENSED IN THE STATE AND IS NOT SUBJECT TO ITS SUPERVISION.

INSURED: City of Hawthorne
12501 S. Hawthorne Blvd
Hawthorne, CA 90250
EFFECTIVE: 9/23/2023 EXPIRATION: 9/23/2024
(12:01 A.M. Standard time at the address of the Insured shown above) LIMITS: $3,000,000 each occurrence
$3,000,000 Policy annual aggregate
DEDUCTIBLE: $100,000 each occurrence including defense costs TOTAL ADVANCE PREMIUM: $60,944
Policy Fee: $350
Total Premium with Fees: $61,294
Premium figures do not include surplus lines taxes and fees.

ISSUING COMPANY: LEXINGTON INSURANCE COMPANY
BEST RATING: A XV

A SURPLUS LINES CARRIER
TERMS, CONDITIONS, AND SUBJECTIVITIES include but are not limited to:
• Policy Form: PRG 4124 (11-22) An Occurrence Form.
• Surplus Lines Acknowledgement Form within 5 days of inception. • Economic Sanctions Endorsement (89644 (6-13))
• 25% Minimum Earned Premium Endorsement (PRG 4131 (11-22)) • Service of Suit Condition Endorsement (PRG 2023 (5-14)) • Recording and Distribution of Material or Information in Violation of Law Excl Endt (119914 (10-16)) • Access or Disclosure of Confidential or Personal Information Exclusion Endt (PRG 4125 (11-22)) • Wrongful Act and Insured Definitions Amended Endorsement – SoFi Stadium, The Kia Forum and YouTube Theater
• Any Notices or Disclosures required by the state regulatory agency. • Your office will be responsible for the filing, collection, and remittance of all applicable surplus lines taxes and fees.
• Payment is due and payable within 30 days of inception.

Public Risk Underwriters of Texas
101 W. Renner Road, #300
Richardson, TX 75082
Main Number: 469-449-1516
9/7/2023 9:02 AM Page 3 of 3
This binder will remain in force until 12:01 am on 10/23/2023, unless extended in writing by the company or its representatives, or until replaced by the policy. Please read all terms and conditions carefully. In the event of a difference, the policy will prevail.

This binder contains a summary of the coverage provided under the policies listed herein and does not include all the terms, conditions, and exclusions of the policy. The policy contains the full and complete agreement with regard to the coverage provided therein. Please review the policy thoroughly with your broker upon receipt and notify us promptly in writing if you have any questions. In the event of any inconsistency between the binder and the policy, the policy language shall control.

If this binder is conditioned upon the receipt, review, and approval of additional information, all of this additional information must be provided within ten (10) days of the effective date of this binder or the Company may, at its sole option, terminate this binder as of its effective date and cancel any policy which was issued pursuant to the binder.

If between the date of the original submission, and the effective date of this binder, there is a material change in any of the information (including but not limited to claims or potential claims) originally submitted or subsequently requested by the Company, the insured is required to notify the Company immediately. The Company reserves the right to terminate or modify the terms of this binder in the event of a material change in such information.

Payment of premium is due within 30 days of the effective date of this binder. Should the premium not be received by this date due, this binder will be canceled as of its effective date.

You are hereby authorized to issue certificates of insurance precisely matching the terms reflected on this evidence of coverage. Certificates should be submitted to us for proofing and documentation.

Certificates should not reflect additional insured status to any party not specifically endorsed on the policy.

Only PRU-TX has the authority to bind, alter, or cancel coverage on behalf of the carrier. Coverage cannot be assumed to be bound without written confirmation from an authorized representative of PRU of Texas.

This policy will be issued by a surplus lines insurer. Compliance with applicable laws and payment of applicable surplus lines premium taxes is the responsibility of the insured or you, the producing agency.

Applicable taxes and fees are not included in the premium due for the insurance coverage bound. It is your responsibility to provide us with the name, address, and surplus license number of the locally licensed surplus lines agent in the state in which the insured is located (for New Jersey business, please also provide the Surplus Lines Transaction number). It is your responsibility to conform to the Laws and Regulations of the applicable jurisdictions, including but not limited to, payment of surplus lines premium taxes, procuring of affidavits, and compliance with surplus lines laws.

Authorized by:

Mark E. Dillard, President
Arthur J. Gallagher Risk Management Services, LLC BATMI1 San Francisco, CA 94105
Invoice # 4838959 1 of 1 Phone: (415)546-9300
ACCOUNT NUMBER DATE HAWTHOR-01 9/11/2023
BALANCE DUE ON AMOUNT DUE 9/23/2023 $63,243.15
Samuel English
4455 West 126th Street
Hawthorne, CA 90250
General Liability PolicyNumber: 038246959-00 Company: Lexington Insurance Company Effective: 9/23/2023 to 9/23/2024 Item # Trans Eff Date Due Date Trans Description Amount 31890323 9/23/2023 9/23/2023 RENB Law Enforcement Liability $60,944.00 31890330 9/23/2023 9/23/2023 CFEE Policy Fee $350.00
31890340 9/23/2023 9/23/2023 SLTX Surplus Lines Taxes - CA $1,838.82 31890343 9/23/2023 9/23/2023 STFX Stamping Fees - CA $110.33 Total Invoice Balance: $63,243.15
Please return this portion with your payment. Include your invoice number on your remittance to expedite processing.

BATMI1
Samuel English Invoice # 4838959 4455 West 126th Street Hawthorne, CA 90250 ACCOUNTNUMBER DATE HAWTHOR-01 9/11/2023 BALANCE DUE ON AMOUNT DUE 9/23/2023 $63,243.15
AMOUNT PAID Please send your remittance to:

Arthur J. Gallagher Risk Management Services, LLC
P.O. Box 39735
Chicago, IL 60694-9700
PAY ONLINE AT: WWW.AJG.COM/EZPAY

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AGENDA ITEM NO. 15

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Progress Payment #4 in the amount of $180,666.72 due to Elecnor Belco Electric of Chino, CA for Hawthorne Blvd Mobility Improvement Project – Phase II (Project # 23-01) RECOMMENDED MOTION:

Staff recommends that the City Council approve this Progress Payment #4 to Elecnor Belco Electric of Chino, CA
DISCUSSION:

This project includes upgrading the existing traffic signals at three different locations on Hawthorne Blvd between Imperial Hwy and 119th St, at the intersections of Imperial Hwy, 118th St and 119th St. The project also includes installing new traffic signals at the intersection of 116th St.

The work consists of traffic signal upgrades, trenching and installing conduits, construction of curb and gutter, sidewalks and ADA ramps, striping and adjustment of utilities and all other work necessary to complete the improvements in accordance with the the Plans and Specifications.

Pavement restoration for the street widening has been completed at Imperial Hwy. New traffic signal poles have been installed at all four intersections.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

This project is a result of the City working closely with funding and regulatory agencies to support and improve our infrastructure.

FISCAL IMPACT:

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None. Funds for this progress payment in the amount of $180,666.72 are available in the adopted Fiscal Year 2023-2024 budget and will be paid for with approved and allocated funds through the MTA Call for Projects grant.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Progress Payment #4

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AGENDA ITEM NO. 16

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Progress Payment #7 in the amount of $763,517.85 due to Elecnor Belco Electric of Chino, CA for Highway Safety Improvement Project Traffic Signal Upgrade and Reconstruction 120th St Improvement Project – Prairie Ave to Felton Ave (Project # 21-06) RECOMMENDED MOTION:

Staff recommends that the City Council approve this Progress Payment #7 to Elecnor Belco Electric of Chino, CA.

DISCUSSION:

This project includes upgrading the existing traffic signals at nine different locations on 120th St between Prairie Ave and Felton Ave, at the intersections of: Prairie Ave, York Ave, Freeman Ave, Birch Ave, Grevillea Ave, Ramona Ave, Eucalyptus Ave, Inglewood Ave and Felton Ave.

Sidewalks, curb ramps, and underground utilities have been completed along 120th St. Due to supply chain issues and material shortage, the project is currently on hold until the materials arrive.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

This project is a result of the City working closely with funding and regulatory agencies to support and improve our infrastructure.

FISCAL IMPACT:

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None. Funds for this progress payment in the amount of $763,517.85 are available in the adopted Fiscal Year 2023-2024 budget and will be paid for with approved and allocated Highway Safety Improvement Program (HSIP) Grant and Measure R.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Progress Payment #7

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AGENDA ITEM NO. 17

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Award of Contract for Northeast Hawthorne Mobility Improvement Project (Project # 21-05).

RECOMMENDED MOTION:

Staff recommends that the City Council award contract to lowest responsive and responsible bidder, Sequel Contractors of Santa Fe Springs, CA.

DISCUSSION:

At the meeting of September 12, 2023, City Council authorized Engineering Staff to publicly advertise for this project with a due date of October 24, 2023. The City received five bids with each accompanied by bid bonds. After a thorough review of the proposal, reference checks, and verification of the contractor’s license, staff determined that Sequel Contractors of Santa Fe Springs, CA was the lowest responsive and responsible bidder.

Additionally, during the bid review, it was determined that the total bid price for All American Asphalt was corrected from $4,793,415 to $4,199,415 due to a miscalculation of an item quantity.

The second lowest bidder will be All American Asphalt.

Public Works Engineering Division filed a grant application for the competitive MTA Measure M and was successful among other competing agencies.

The work consists of construction of ADA ramps, regrading of street surface, traffic striping, including parking Ts, illuminated flashing stop signs, stormwater BMPs system, and all other work necessary to complete the improvements in accordance with the Plans and Specifications.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

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This project is a result of the City working closely with funding and regulatory agencies to support and improve our infrastructure.

FISCAL IMPACT:

None. The approximate cost of $3,764,500 will be funded through the Measure M Grant and Local Measure R.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Bid List

2. Bid Summary

3. Sequel Contractors Bid Package

NORTH EAST HAWTHORNE MOBILITY IMPROVEMENT PROJECT (City Project # 21-05)

ITEMIZED BIDS FOR BIDDERS

SEQUEL ALL AMERICAN ASPHALT EXCEL PAVING HARDY & HARPER, INC SULLY-MILLER ITEM# QUANTITY UNIT ITEM DESCRIPTION UNIT PRICE
$75,000.00

AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 2
3 4
1 LS Surveying. $75,000.00 $88,000.00
$60.00
$88,000.00 $98,000.00
$100.00
$0.38
$98,000.00 $50,000.00
$75.00
$50,000.00 $65,000.00
$96.00
$65,000.00
1,000
510,000
3,200
CY
SF
Excavation (unclassified) $65.00
$0.45
$65,000.00
$229,500.00
$409,600.00
$60,000.00
$183,600.00
$425,600.00
$100,000.00
$193,800.00
$448,000.00
$75,000.00
$204,000.00
$448,000.00
$96,000.00
$229,500.00
$579,200.00
Cold Milling Asphalt Pavement (0" TO 2”).

Asphalt Concrete (C or D mix, PG 64-10)
$0.36 $0.40 $0.45
TON $128.00 $133.00 $140.00 $140.00 $181.00
Excavate, Remove and Re-construct existing pavement structural section per Detail 2 Sheet 18 at various locations shown on plans or City engineer's directed locations including B-mix AC (2" thick. ARHM cap is not included)
5 11,000 SF $4.50 $49,500.00 $7.00 $77,000.00 $8.00 $88,000.00 $9.00 $99,000.00 $20.00 $220,000.00 6 6,500
1,200
22,000
2,400
1,000
50 TONS
SF
Asphalt Rubber Hot Mix (ARHM) $132.00
$19.00
$858,000.00
$22,800.00
$423,500.00
$67,200.00
$45,000.00
$22,500.00
$38,400.00
$313,000.00
$15,000.00
$3,000.00
$140.00
$20.00
$910,000.00
$24,000.00
$484,000.00
$66,000.00
$40,000.00
$56,500.00
$97,600.00
$455,000.00
$9,000.00
$132.00
$25.00
$858,000.00
$30,000.00
$616,000.00
$76,800.00
$67,000.00
$48,000.00
$76,800.00
$589,000.00
$5,400.00
$135.00
$24.00
$877,500.00
$28,800.00
$616,000.00
$76,800.00
$75,000.00
$60,000.00
$83,200.00
$598,100.00
$12,000.00
$2,400.00
$170.00
$32.00
$1,105,000.00
$38,400.00
$748,000.00
$122,400.00
$88,000.00
$48,000.00
$76,800.00
$186,000.00
$19,800.00
$2,025.00
7 Remove and Reconstruct 4" PCC sidewalk with 4" CMB
Construct New or Retrofit or Remove and Reconstruct 4" thick. PCC ADA curb ramp over 4" CMB per Caltrans Std. Plan A88A 8 SF $19.25 $22.00 $28.00 $28.00 $34.00 Remove existing driveway and construct new PCC driveway over 6" CMB per Caltrans Std. Plan A87A 9 SF $28.00 $27.50 $32.00 $32.00 $51.00 Crushed Miscellaneous Base (CMB) for Excess Backfill only when occurs
10 11
12 13
14 15
16 17
18 19
20 21
22 CY
EA
EA
LS
$45.00 $40.00 $67.00 $75.00 $88.00
Adjust Utility cover to grade
Adjust Manhole Frame and Cover to grade.

Traffic Control
$450.00 $1,130.00
$1,525.00
$455,000.00
$1,500.00
$750.00
$960.00
$1,200.00
$589,000.00
$900.00
$700.00
$680.00
$4,000.00
$130.00
$290.00
$3,200.00
$65,900.00
$376.00
$1,200.00
$1,300.00
$598,100.00
$2,000.00
$800.00
$960.00
$1,200.00
$186,000.00
$3,300.00
$675.00
$650.00
$5,000.00
$118.00
$317.00
$3,000.00
$65,000.00
$420.00
64 $600.00
1 $313,000.00
$2,500.00
$1,000.00
$1,000.00
$6,000.00
$90.00
6 EA
EA
EA
EA
LF
Project Construction Signs
3 Traffic Signal Detectors Loop (Type “D”)
Traffic Signal Detectors Loop (Type “E”)
Speed Hump per City Detail
$2,250.00 $2,100.00
3 $3,000.00 $700.00 $2,100.00 $2,040.00 $800.00 $2,400.00 $1,950.00 3 $18,000.00
$441,000.00
$372,000.00
$105,000.00
$145,000.00
$43,500.00
$4,000.00
$127.00
$12,000.00
$622,300.00
$396,000.00
$86,100.00
$68,000.00
$34,365.00
$12,000.00
$637,000.00
$348,000.00
$134,400.00
$65,900.00
$32,712.00
$4,000.00
$150.00
$12,000.00
$735,000.00
$396,000.00
$84,000.00
$80,000.00
$34,800.00
$15,000.00
$578,200.00
$380,400.00
$126,000.00
$65,000.00
$36,540.00
Remove and reconstruct PCC curb and gutter per SPPWC Std. 120-2 type A2-8(200) over 8" CMB 4,900
1,200
42 Remove and excavate Hardscape or Landscape parkway and install 3' TO 5' Width Parkway Retention Bioswale per detail 1, sheet 18 LF $310.00 $330.00 $330.00 EA
LS
Construct PCC Inlet basin per detail 1, sheet 18
Striping, signs and markers per sheet 19 to 34
$2,500.00
$145,000.00
$500.00
$2,050.00
$68,000.00
$395.00
$2,000.00
$80,000.00
$400.00
1 Plant 15 gallon Liquidambar Styraciflua (American sweetgum) including root barrier per detail 4, sheet 18 87 EA
$3,764,500.00 $4,199,415.00 $4,528,952.00 $4,650,000.00 $4,827,215.00

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AGENDA ITEM NO. 18

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Agreement Between the City of Hawthorne and Harris & Associates for Development Impact Fee Reports.

RECOMMENDED MOTION:

Staff recommends that the City Council adopts agreement between Harris & Associates and Authorize the City Manager to Execute the Agreement, and any and all amendments, thereto, with any minor non-substantive changes to be made by Counsel.

DISCUSSION:

The City of Hawthorne has long been committed to effective urban planning and development, recognizing the importance of managing the impacts on growth on our community. One essential tool is the preparation of annual Development Impact Fee Reports, as mandated by the California Mitigation Fee Act (commonly known as AB 1600).

AB 1600, requires local agencies to adopt a comprehensive fee program that justifiably allocated fees for the construction of public facilities and infrastructure necessitated by new development.

The Act promotes transparency, accountability, and fairness in funding public services and amenities required to support the City’s growing population. By adhering to AB 1600's guidelines, the City ensures responsible management of development fees, maintaining trust with the community. They provide transparency to the public, developers, and stakeholders regarding how development impact fees are allocated and spent.

Harris and Associates has been a reliable partner for the City of Hawthorne, assisting us in preparing these reports for many years. Their extensive experience in the field of urban planning, fiscal analysis, and compliance with AB 1600 have proven invaluable in helping us meet our statutory obligations. Their track record of delivering high-quality reports in a timely manner,

Page 2 of 2 ends

along with their familiarity with our local needs, makes them a natural choice. Retaining them as our trusted partner ensures continuity and consistency in the preparation of these annual reports.

In conclusion, the City of Hawthorne is legally obligated to prepare annual Development Impact Fee Reports as mandated by AB 1600, and Harris and Associates have consistently demonstrated their ability to fulfill this requirement. The partnership with Harris and Associates aligns with the city's commitment to transparent, accountable, and fiscally responsible growth. Therefore, we recommend approving the agreement with Harris and Associates for the preparation of the annual Impact Fee Reports for FY 20-21, FY 21-22, and FY 22-23. This ensures the continued success of our development management efforts, benefiting our community and all stakeholders involved.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

2.1 Complete 2020 fee study review and adopt new master fee resolution for all City fees. Reevaluate City's Developer Impact Fees and update.

FISCAL IMPACT:

None. The estimated funds of $24,500 required for this project are available in the current fiscal year's adopted budget and will be paid for by Development Impact Fees.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Agreement

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AGENDA ITEM NO. 19

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: Finance
City Manager: __________
Vontray Norris
Dir. of Finance: ___________
Felice Lopez
SUBJECT:

Approval of Amended Agreement with Tripepi Smith to provide business assistance services under the City of Hawthorne’s Business Assistance Grant Program RECOMMENDED MOTION:

Staff recommends that the City Council approve the amended agreement with Tripepi Smith to provide business assistance services for the City of Hawthorne’s Business Assistance Grant Program.

DISCUSSION:

At previous meetings the Council adopted an American Rescue Plan Act (ARPA) Plan, which outlined various projects and programs for expenditures of the ARPA funds. One of the categories of expenditures was for Business Assistance Programs. One of those programs was a Business Assistance Grant Program. The program will provide grants of up to $5,000 to provide individualized assistance to businesses in a variety of areas, including employee training, rehiring, COVID-19 grant and loan application processing, financial training and marketing assistance. The business and rental assistance programs were budgeted for a total of $250,000 in American Rescue Plan Act (ARPA) funds.

The initial application process was very successful with the City receiving 29 approved applications. Since there was still additional funding available the City extended the application deadline through September 29th. At the close of the extended application deadline there were 8 additional applications, 6 of which appear to be qualified. These bring the total of grant recipients to 35.

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The Business Assistance Grant program will provide assistance services to businesses utilizing two third-party providers. City staff and the city’s ARPA consultant, HdL Companies, identified Tripepi Smith as one of the third-party vendors to provide the business assistance to approved Business Assistance Grant recipients.

The City had previously approved contracts with the consultant to provide these services. Due to the shift in services requested in the grant applications, the amount in the initially approved agreement needs to be adjusted. This does not impact the overall budget allocated for the overall program but reflects a reallocation of some of the funds.

The amended Tripepi Smith proposal is proposed to increase from $25,000 to $75,000. The shift in funding comes from fewer grant applicants for the Business Rental Assistance Program. To reiterate, the total amount of funding for the overall Business Assistance Grant Program is not increasing.

City staff and the city’s ARPA consultant have reviewed the Tripepi Smith amended agreement and recommend approval.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

Establish partnerships with entities that can work toward City goals and objectives.

FISCAL IMPACT:

None for Business Recovery Assistance. All expenses are reimbursable from the ARPA funds.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Tripepi Smith Amended Proposal 11-2023

2. Tripepi Smith Original Proposal 04-2023

3. Tripepi Smith Agreement
Proposal:

SMALL BUSINESS MARKETING &

COMMUNICATION ASSISTANCE

FOR CITY OF HAWTHORNE

April 27, 2023
Submitted by Ryder Todd Smith, President
Jennifer Vaughn, Director

Page 2 of 7 ends

COVER LETTER
Thank you for this opportunity to be the City of Hawthorne’s communication partner. This statement identifies Tripepi Smith’s qualifications to provide comprehensive communication services to the City’s small businesses. Our professional, highly trained team is well-positioned to help the City execute on its efforts to assist the business community.

Tripepi Smith has a strong record of working with public agencies throughout California to better engage and connect with residents and businesses. We have been providing general communication services for cities like Paramount, Culver City, and Duarte for years.

As President of Tripepi Smith, I have legal authority to bind the company to contracts and the proposed terms in this letter. This proposal is valid for sixty (60) days following the submission of this letter.

Ryder Todd Smith, Co-Founder & Chief Executive Officer
Tripepi Smith
PO Box 52152, Irvine, CA 92619
[email protected]
(626) 536-2173

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SCOPE OF WORK

Background:

Cities have been awarded ARPA funds to support small business retention and development. Many cities are looking to award these funds to businesses in their communities as a grant opportunity to offset losses and impacts from the Pandemic.

Tripepi Smith is proposing a model that builds a lasting value to the city’s businesses offering a variety of marketing services utilizing up to $5,000 each. This can be offered in a couple of ways:
1). Small Business “Bootcamp”:

Tripepi Smith can come onsite for a two-day bootcamp with small business owners to teach them basics of marketing and how to best position their businesses on the Internet. Over the two-day bootcamp, Tripepi Smith will deliver the following:
• Hands on classroom training on setting up Facebook, LinkedIn, Twitter, Instagram and Yelp profiles.
o Review advanced smart phone tools to help tell a more compelling story. o Review the basics of social media marketing strategies. o Review the basics of digital advertising on Facebook, Google and Nextdoor. • Review the basic website options that are available to businesses to create an online presence.
• Review how to use a smartphone to produce quick videos and take quality photos to highlight their business.
• Provide a one hour 1-on-1 session with a Tripepi Smith digital marketing expert to review the specifics of their business.
• Produce three 30-second videos for the businesses, one where we interview the owner, one where we highlight the general business and one where we talk to a customer/client. o These videos will require the business owner to coordinate ahead of time with resources and Tripepi Smith will itemize the preparation steps. o Videos will be made available within two weeks after the completion of the video.

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Cost Proposal:

Tripepi Smith can offer the bootcamp and video service for $5000 per small business participant (each small business can send up to 3 people to the session). Primarily, Tripepi Smith would propose this model for 5 businesses to participate in and includes the equipment and travel fees.

Timing / Schedule:

We also need to conduct this work in one 3-day sweep with two of the days offering classroom experiences and then an overlapping three days being used to promote the small businesses with the video and photo work. A master calendar will be developed to accommodate these plans to ensure each participating business can participate in all aspects of the programming.

Of note, if businesses would like to conduct the engagement over a virtual platform, Tripepi Smith is well positioned to accommodate that format as well.

2. A la carte Communication and Marketing Services to each business:

Tripepi Smith can provide any of its communication services to small businesses based on their specific needs. Some may have a great handle on their social media, but need an update to their website. Others may want to create a video or electronic newsletter they can share with customers.

In this option, Tripepi Smith would meet with each business for a kick-off meeting to assess their goals and determine which marketing services will address those goals best. Following are some examples they may want to consider:

Social Media Setup
Platform Setup: Social media platform setup involves initiating accounts on Facebook, Instagram, Twitter and Yelp; elevating so that the business has a robust profile with capability to reach their target audiences with digital advertising and content creation.

Additional: Our work also includes optimizing social media accounts to boost performance and keeping up to date on the latest social media platform updates and options. Boosted posts and targeted ads are also helpful in disseminating information to community members, and Tripepi Smith is fully capable of running and tracking these paid campaigns (fees to be agreed upon and paid by the business).

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Graphic Design
Tripepi Smith uses Canva extensively for basic social media graphics and therefore can use our Junior Business Analyst resources for that work. Where more extensive design is requires, Tripepi Smith has an Art Director, Senior Graphic Artists and Graphic Artists. In our experience, these costs can vary widely based on iteration count, number of pages of content to layout or desired number of logo options or extent of a particular branding process. In all cases, we assume written content is being provided; but we can also draft content if requested. Examples would be of fliers, brochures and marketing materials.

Electronic Newsletter Template
Small businesses can benefit from reaching their target audience with an electronic newsletter to their customers. Tripepi Smith can design a template and train staff how to implement the newsletter to assist them in initiating an ongoing marketing campaign.

Website Management
Tripepi Smith offers support options to make it easier for our clients to manage their websites. This can include items such as performing maintenance on the site, upgrading to the latest software for better security, adding content and much more. Businesses can elect a basic model of technical and maintenance website support or more extensive website content management support.

Photoshoot
Assumes an eight-hour day, with two-hours of pre-planning, travel time, post-shoot photo editing, delivery to client photo portal. This uses a Senior Photographer to complete the work.

Video Production
Assuming that Tripepi Smith handles all work, and the video involves scripting, use of teleprompter, full camera setup, a single day of production shooting, b-roll shooting on same day, pre-planning, post-production video editing, music licensing, voice over, transcription and upload to appropriate channels.

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AD HOC RATES & INVOICING
Tripepi Smith is providing our hourly rates for the full array of our resources to support small business communication efforts. Examples of these ad hoc projects include but are not limited to video production, photography services, virtual meetings/events, website development and a wide array of graphic design and branding services.

Tripepi Smith bills time in 15-minute increments – i.e. we invoice our time in the following examples:

4.0, 1.25, 6.5 or 0.75 hours.

Payments
Tripepi Smith will invoice the retainer on the 15th of each month and the ad hoc fees at the end of each month.

Title Hourly - Standard Hourly - Retainer
Principal $350 $295
Director $240 $215
Art/Creative Director $240 $215
Senior Business Analyst $190 $165
Business Analyst $130 $110
Junior Business Analyst $105 $90
Senior Videographer/Animator $190 $165
Senior Photographer $160 $135
Senior Graphic Designer $175 $145
Graphic Designer $120 $100
Junior Graphic Designer $105 $90
Web Developer $195 $165
Drone Operator $195 $165
Photographer $105 $90

Page 7 of 7 ends

Other Fees
Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production-related fees that may come up during our engagement.

Travel Costs
Travel costs must be pre-authorized and then will be reimbursed by the City for any requested travel. Travel costs to be covered are for airfare, lodging and car rental. If Tripepi Smith is requested to be onsite, we will invoice for travel time at half rate of the resource’s Hourly Rate.

Equipment Fees
Tripepi Smith offers some services that require equipment, such as drone operations and video production. All such expenses will be authorized by the organization prior to fee being assessed. As such, in those cases, the following rates apply:
• $550 for a full day of video equipment use (includes full set of video equipment). “Full day” is defined as a shoot lasting four (4) or more hours.
• $350 for a half day of video equipment use. “Half day” is defined as anything up to four (4) hours of video production.
• $500/day drone fee. This excludes the drone operator’s time, which Tripepi Smith bills at the Videographer hourly rate.

Proposal:

SMALL BUSINESS MARKETING &

COMMUNICATION ASSISTANCE

FOR CITY OF HAWTHORNE
October 16, 2023
Submitted by Ryder Todd Smith, President
Jennifer Vaughn, Director

Page 2 of 7 ends

Ryder Todd Smith, Co-Founder & Chief Executive Officer
Tripepi Smith
PO Box 52152, Irvine, CA 92619
[email protected]
(626) 536-2173

Page 3 of 7 ends

SCOPE OF WORK

Background:

Tripepi Smith is proposing a model that builds a lasting value to the city’s businesses offering a variety of marketing services utilizing up to $5,000 each with a maximum of fifteen (15) businesses.

This can be offered by combining two offerings:
1). Small Business “Bootcamp”:

Tripepi Smith can come onsite for a one-day bootcamp with small business owners to teach them basics of marketing and how to best position their businesses on the Internet. Over the one-day bootcamp, Tripepi Smith will deliver the following:
• Hands on classroom training on setting up Facebook, LinkedIn, Twitter, Instagram and Yelp profiles.
o Review advanced smart phone tools to help tell a more compelling story. o Review the basics of social media marketing strategies. o Review the basics of digital advertising on Facebook, Google and Nextdoor. • Review the basic website options that are available to businesses to create an online presence.
• Review how to use a smartphone to produce quick videos and take quality photos to highlight their business.
• Provide a one hour 1-on-1 session with a Tripepi Smith digital marketing expert to review the specifics of their business (to be scheduled at a separate time).

2. A la carte Communication and Marketing Services to each business:

After meeting with each business, Tripepi Smith would assess their goals and determine which

Page 4 of 7 ends

marketing services will address those goals best. Following are some examples they may want to consider:

Photoshoot
Assumes an eight-hour day, with two-hours of pre-planning, travel time, post-shoot photo editing, delivery to client photo portal. This uses a Senior Photographer to complete the work.

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COST PROPOSAL:

Tripepi Smith can offer the bootcamp and menu of services for up to $5,000 per small business participant (each small business can send up to 3 people to the session). Primarily, Tripepi Smith would propose this model for a maximum of 15 businesses to participate in and includes the equipment and travel fees.

Timing / Schedule:

We will coordinate schedules with the businesses to complete the one-on-one sessions and follow up work. A master calendar will be developed to ensure each participating business can participate in all aspects of the programming and keep the city apprised of the accomplishments.

Of note, if businesses would like to conduct the engagement over a virtual platform, Tripepi Smith is well positioned to accommodate that format as well.

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Tripepi Smith bills time in 15-minute increments – i.e. we invoice our time in the following examples:

4.0, 1.25, 6.5 or 0.75 hours.

Other Fees
Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production-related fees that may come up during our engagement.

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Equipment Fees
Tripepi Smith offers some services that require equipment, such as drone operations and video production. All such expenses will be authorized by the organization prior to fee being assessed. As such, in those cases, the following rates apply:
• $600 for a full day of video equipment use (includes full set of video equipment). “Full day” is defined as a shoot lasting four (4) or more hours.
• $400 for a half day of video equipment use. “Half day” is defined as anything up to four (4) hours of video production.
• $500/day drone fee. This excludes the drone operator’s time, which Tripepi Smith bills at the Videographer hourly rate.

PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this _____ day of ___ 2023 ("Effective Date"), by and between THE CITY OF HAWTHORNE, a California municipal corporation, a general law city, ("City"), and TRIPEPI SMITH & ASSOCIATES, INC ("CONSULTANT"). This agreement is made with reference to the following:

I. Recitals
(i) CITY requested a proposal for professional services with respect to providing a Comprehensive Communication Services to small businesses within the City to assist them public communication strategies, press releases, and communications best practices. (ii) CONSULTANT submitted a proposal for the performance of such services, a full, true and correct copy of which proposal is attached hereto as Exhibit "A" and by this reference made a part hereof.
(iii) CITY desires for CONSULTANT to provide professional services necessary to administer and implement the Comprehensive Communication Services. (iv) CONSULTANT represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this AGREEMENT in a thorough, competent and professional manner. CONSULTANT shall at all times faithfully, competently, and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CONSULTANT under this AGREEMENT.

NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows:

II. Agreement

1. Definitions: The following definitions shall apply to the following terms, except where the context of this AGREEMENT otherwise requires:
(a) Project: Develop and provide a Comprehensive Communication Services as outlined in the Proposal: Small Business Marketing & Communication Assistance For City of Hawthorne attached as Exhibit “A” hereto.
(b) Services: CONSULTANT shall provide professional services for the project as described in Exhibit "A" attached hereto.

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(c) Duration: Said AGREEMENT shall be effective from ____, 2023 to ____, 2024.
(d) Completion of Project: CONSULTANT shall complete all tasks as noted in Exhibit "A" for a period as noted in the agreement with a period not to exceed 12 months.

All work shall be conducted in a manner consistent with the standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting obligations under this Agreement.
(e) Consultant: Tripepi Smith & Associates, Inc., PO Box 52152 Irvine, CA 92619, (626) 536-2173.
(f) City: 4455 West 126th Street, Hawthorne, California, 90250.

2. Scope of Services: CONSULTANT agrees as follows:
(a) Compliance with Laws and Regulations: CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit "A" hereto and all in accordance with Federal, State and CITY statues, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY.
(b) Personnel: CONSULTANT shall, at CONSULTANT'S sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT; CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY.
(c) Limitation on Payments: In no event, shall CITY be required to pay to CONSULTANT any sum in excess of 100% of the maximum payable hereunder prior to receipt by CITY of services described in Exhibit "A" acceptable in form and content to CITY. Final payment shall be made not later than 15 days after completion of project.

3. Compensation, Method of Payment, and Additional Services. (a) CITY shall pay CONSULTANT in accordance with the payment rates and terms and the schedule of payment as set forth in the Agreement Terms and Cost Proposal set forth in the Proposal: General Communications For City Of Hawthorne submitted by CONSULTANT, Exhibit “A” hereto, and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks.

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(b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within thirty (30) days after said invoices are received by CITY. Each invoice shall detail work performed and charges. All charges shall be in accordance with CONSULTANT's proposal with respect to hourly rates (Exhibit "A"). (c) CITY Requested Additional services: Payments for additional services requested in writing by CITY, and not included in CONSULTANT's proposal as set forth in Exhibit "A" hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in said Exhibit "A" or in an amount and manner agreed to in writing by CITY. Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within thirty (30) days after said invoices are received by CITY. (d) Payment to CONSULTANT for work performed pursuant to this AGREEMENT shall not be deemed to waive any defects in work performed by CONSULTANT.

4. CONSULTANT's Books and Records:
(a) Maintenance of Records: CONSULTANT shall maintain any and all documents and records demonstrating or relating to CONSULTANT's performance of services pursuant to this AGREEMENT. CONSULTANT shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to CITY pursuant to this AGREEMENT. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by CONSULTANT pursuant to this AGREEMENT. Any and all such documents or records shall be maintained for five (5) years from the date of execution of this AGREEMENT and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Inspection of Records: Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying at any time during regular business hours, upon written request by the CITY OR CITY's designated representative. Copies of such documents or records shall be provided directly to the requesting party for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon. Such documents and records shall be made available at CONSULTANT's address indicated for receipt of notices in this AGREEMENT.
(c) Copies of Records: Where CITY or CONSULTANT has reason to believe that any of the documents or records required to be maintained pursuant to this section Professional Service Agreement
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may be lost or discarded due to dissolution or termination of CONSULTANT's business, the CITY may, by written request, require that custody of such documents or records be given to the CITY and that such documents and records be maintained by CITY. Access to such documents and records shall be granted to all parties to this AGREEMENT, as well as to their successors-in-interest and authorized representatives.

6. Default of CONSULTANT
(a) Failure to Comply with Terms of Agreement: The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. (b) Cure of Default: If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7. Termination of Agreement:
(a) Termination of Agreement: The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

The Consultant may at any time, for any reason, with or without cause, suspend or terminate this Agreement by serving upon the City at least ten (10) days prior written notice.

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(b) Payment After Termination: In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.

8. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement:

TO: CITY OF HAWTHORNE
Attn: Vontray Norris
4455 West 126th Street
Hawthorne, CA 90250
[email protected]
(310) 349-2910
TO: TRIPEPI SMITH & ASSOCIATES, INC.

Attn: Ryder Todd Smith, President
PO Box 52152
Irvine, CA 92619
(626) 536-2173
Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above.

9. Continuity of Personnel: CONSULTANT shall make every reasonable effort to maintain the stability and continuity of CONSULTANT's staff assigned to perform the services required under this AGREEMENT, CONSULTANT shall notify CITY of any changes in CONSULTANT's staff assigned to perform the services required under this AGREEMENT, prior to any such performance. CITY shall not be responsible for time and costs associated with CONSULTANT's turnover or reassignment of staff.

10. Status of Consultant: The parties hereto agree that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY.

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(a) Limits of Authority: CONSULTANT shall have no authority to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by CITY.
(b) Control of CONSULTANT’S Personnel: The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY or any elected or appointed boards, officers, officials, employees or agents of CITY shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that CONSULTANT or any of CONSULTANT's officers, employees or agents are in any manner officials, officers, employees or agents of CITY. (c) No Entitlement to Benefits: The CONSULTANT or any CONSULTANT’s officers, employees or agents, shall not obtain any rights to retirement, health care or any other benefits which may otherwise accrue to CITY employees. CONSULTANT expressly waives any claim CONSULTANT may have to any such rights.

11. Compliance with Applicable Laws; Permits and Licenses: The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement.

The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.

12. Non-discrimination: CONSULTANT shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this AGREEMENT.

13. Conflict of Interest:
(a) CONSULTANT represents that neither it nor any of its officers or principles of its firm has been retained, employed or compensated by any other interested party, or done any act, in such a manner so as to constitute a conflict of interest with respect to the consultant's duties under the agreement with the CITY. CONSULTANT covenants that neither it, nor any officer or principal of its fi1m has or shall acquire any interest, directly Professional Service Agreement
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or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT's performance of services under this AGREEMENT. CONSULTANT further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor, expect as provided for by this Section. At all times, CONSULTANT agrees to avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of CITY in the performance of this AGREEMENT. (b) The CITY may waive at its discretion any conflict or potential conflict of interest in writing, provided the CONSULTANT has made a full written disclosure of all facts.

Provided further that the conflict affects a third party, the CONSULTANT must provide to the CITY a written waiver of the conflict from the affected party.

14. Confidential Information/Release of Information:
(a) Confidentiality of Information: All information gained or work product produced by CONSULTANT in performance of this AGREEMENT shall be considered confidential, unless information is in the public domain or already known to CONSULTANT. CONSULTANT shall not release or disclose any such information or work product to persons or entities other than CITY without prior written authorization from the CITY, except as may be required by law.
(b) Release of Confidential Information: All information gained by CONSULTANT in performance of this Agreement shall be considered confidential and shall not be released by CONSULTANT without City's prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives City notice of such court order or subpoena.
(c) Notification of Legal Action: CONSULTANT shall promptly notify City should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully Professional Service Agreement
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with City and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

15. Indemnification: CONSULTANT will indemnify, defend, and hold harmless City of Hawthorne, the City Council, each member thereof, present and future, members of boards and commissions, their officers, agents, and employees (collectively “CITY”) from and against any and all liability, expenses, including defense costs and legal fees, and claims for damages whatsoever, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of CONSULTANT. The obligation to indemnify, defend and hold harmless includes, but is not limited to, any liability or expense, including defense costs and legal fees, arising from the negligent acts or omissions, or willful misconduct of CONSULTANT, its officers, employees, agents, subconsultants or vendors. CONSULTANT’s obligations to indemnify, defend and hold harmless will apply even in the event of concurrent negligence on the part of CITY, except for liability resulting solely from the negligence or willful misconduct of CITY.

Payment by CITY is not a condition precedent to enforcement of this indemnity. CITY does not, and shall not, waive any rights that they may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONSULTANT agrees that CONSULTANT’s covenant under this section shall survive the termination of this Agreement.

16. Undue Influence: CONSULTANT declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Hawthorne in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Hawthorne will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of CONSULTANT, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.

17. No Benefit to Arise to Local Employees: No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Strategic Communications Plan performed under this Agreement.

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18. Authority to Execute: The person or persons executing this AGREEMENT on behalf of CONSULTANT represents and warrants that he/she/they has/have the authority to so execute this AGREEMENT and to bind CONSULTANT to the performance of its obligations hereunder.

19. Binding Effect: This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

20. Modification of Agreement: No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CONSULTANT and by the CITY.

The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

21. Waiver: Waiver by any party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any party of any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this AGREEMENT. Acceptance by CITY of any work or services by CONSULTANT shall not constitute a waiver of any of the provisions of this AGREEMENT.

22. Law to Govern/Venue: This AGREEMENT shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles.

23. Attorney’s Fees, Costs and Expenses: In the event litigation or other proceeding is required to enforce or interpret any provision of this AGREEMENT, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

24. Insurance:
(a) Liability Insurance: CONSULTANT shall maintain in-force: Public Liability and Professional Liability Insurance. During the term of this Agreement, CONSULTANT shall maintain in full force and affect a policy of public liability insurance with minimum coverage of $1,000,000 in accordance with the requirements provided by CITY to Professional Service Agreement
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CONSULTANT. CONSULTANT Shall also maintain in-force; Professional Liability Insurance (and/or Errors & Omissions Insurance) with minimum limits of liability of $1,000,000 combined single limit coverage against an injury, death, loss or damages because of wrongful or negligent acts or omissions by the named insured. (b) Workers’ Compensation/Employer Liability: CONSULTANT shall maintain inforce Workers’ Compensation and Employer’s Liability Insurance as required by the California Labor Code. Evidence of coverage shall take the form of a Certificate of Insurance or a California Certificate to Self-Insure. Acceptable minimum limits for this coverage are: Workers’ Compensation; Statutory in California; Employer’s Liability:
$1,000,000.
(c) Certificates of Insurance: CONSULTANT shall furnish to CITY evidence of any insurance required by this Agreement. A Certificate of Insurance from an insurer admitted to do business in the State of California will be provided, indicating that the respective policy(s) meets the following requirements: (1) The CITY, its officers, employees, and agents shall be named as additional insured on the General Liability Insurance; (2) Insurance shall not be canceled or terminated without 30 days written notice to City; (3) General Liability shall be primary and any insurance held by City for its own protection shall be excess and shall be effective only upon exhaustion of CONSULTANT’S insurance; (4) Insurance shall be maintained for the duration of the Agreement, including any period extended beyond the expiration date of this Agreement required to complete performance as stipulated in this Agreement and all amendments thereto.
(d) Vehicle Coverage: CONSULTANT represents to CITY that if CONSULTANT owns, operates or utilizes one or more personal vehicles and that the nature of the consulting services to be accomplished under this AGREEMENT does not require use of any such vehicle for other than CONSULTANT’S personal transportation only (with no passengers, hazardous materials or valuables greater than $5,000).

25. Entire Agreement: This AGREEMENT, including the attached EXHIBIT "A", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between CONSULTANT and CITY prior to the execution of this AGREEMENT.

No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this AGREEMENT shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

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26. Severability: If a term, condition or covenant of this AGREEMENT is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT be read and construed without the invalid, void or unenforceable provision(s).

TRIPEPI SMITH & ASSOCIATES, INC
By: ________________________________ DATE: _________________________ Ryder Todd Smith, President
PO Box 52152
Irvine, CA 9269
[email protected]

CITY OF HAWTHORNE
By: ________________________________ DATE: _________________________ Vontray Norris, City Manager
4455 W. 126th Street
Hawthorne, CA 90250
APPROVED AS TO FORM:

By: DATE: ________________________
Robert M. Kim
City Attorney
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EXHIBIT A

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AGENDA ITEM NO. 20

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Heat Pump Water Heater Program Agreement
RECOMMENDED MOTION:

Staff recommends that the City Council approves and allows the Director of Public Works to execute the agreement and accept the Incentive of the funds to support the installation of heat water heaters at City Hall, Memorial Center, and Betty Ainsworth Gym.

DISCUSSION:

The City of Hawthorne has been actively seeking funding for sustainable projects to reduce environmental impact and promote energy efficiency. We are pleased to report that after extensive efforts, including numerous meetings, site visits, and strict adherence to program requirements, we have partnered with the SoCalREN and successfully secured $75,645 in funding to cover 100% of the costs for the installation of Five Heat Pump Water Heaters in our City facilities, including City Hall, Betty Ainsworth Gym, and Memorial Center.

The adoption of electric heat pump water heaters, replacing traditional gas heaters, offers several benefits. It reduces greenhouse gas emissions, aligning with the city's commitment to combating climate change, and can cut energy consumption by up to 60%, lowering the carbon footprint and utility costs. Moreover, these electric heat pump water heaters have a longer lifespan and require less maintenance, resulting in long-term cost savings. They also eliminate the risk of gas leaks, enhancing safety in municipal facilities and reducing potential risks to employees and visitors. By updating our gas heaters to electric heat pump water heaters, we take a significant step toward a more sustainable and environmentally friendly future.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

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Transitioning to electric heat pump water heaters has various benefits, including a cleaner environment that enhances the City's appeal to residents and businesses. This positive environmental reputation can attract more people and businesses. Additionally, upgrading infrastructure with energy-efficient technologies can make the City more attractive to residents, visitors, and potential investors. The City's sustainability commitment may also open doors to grants and funding, further supporting economic development efforts. In summary, this transition brings environmental, economic, and safety advantages, making it a beneficial move for the City.

FISCAL IMPACT:

None.The estimated funds of $75,642 will be paid for by the SoCalREN.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Agreement

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AGENDA ITEM NO. 21

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Award of Contract for City of Hawthorne Housing Rehabilitation Project (Project #23-09).

RECOMMENDED MOTION:

Staff recommends that the City Council award contract to lowest responsive and responsible bidder, Klassic Engineering & Construction, Inc. of Orange, CA. under the condition they register for and receive an UEI number.

DISCUSSION:

The City's Public Works staff sought proposals for construction services to Provide all services, labor, materials, permits, insurance, tools and equipment needed, in accordance with the Specifications to successfully and safely complete the interior renovations to all units at six (6) City of Hawthorne owned buildings located at 11605 Gale Ave, 12720 - 12726 Grevillea Ave, 11529 Gale Ave, 11537 Gale Ave and 12529 Truro Ave, Hawthorne, CA 90250. The work to be done includes but is not limited to: removal of all carpet and installing vinyl flooring, removal and replacement of all water heaters, wall heaters, heating vents, windows, window screens, interior and entry doors, garage doors upgrade, electrical, mechanical and plumbing upgrades, painting, patch work, etc. Staff received two (2) bid submittals on October 24th, 2023.

After receiving the proposals, the team carefully evaluated each proposal to identify the most qualified candidate.

Klassic Engineering & Construction, Inc. emerged as the most qualified proposer for this project, possessing the necessary experience, track record, and expertise for working with different municipalities in the past. This company stood out due to its prior experience with multiple public works projects and working with several municipalities within the last five (5) years. The City request for Klassic Engineering & Construction, Inc to register and obtain an UEI number in order to work on a federally funded project.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

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Implementing this rehabilitation project on city-owned properties contributes to our economic strategic plan in several ways. For example, by stimulating local economy. Housing rehabilitation projects require hiring contractors, suppliers, and laborers, which injects money into the local economy and creating job opportunities. This project will also be increasing property value. By having well-maintained properties with functional, aesthetically pleasing, and modern amenities, the properties tend to have higher market value. By investing in these housing rehabilitations, the city can improve the condition of its properties and attract more potential tenants. City owned properties with well-maintained units and structures contribute to the overall livability and attractiveness of the community. This can help attract businesses, residents, and investors, boosting economic growth and revitalizing neighborhoods. A visually appealing and structurally sound housing can create a positive impression of the city's commitment to infrastructure maintenance and development.

In addition, by addressing housing unit’s issues promptly, the City can avoid more extensive structure repairs, which can be significantly costlier. This proactive approach to maintenance helps save public funds and ensures efficient use of resources. By investing in housing rehabilitation on city owned properties, we contribute to our economic strategic plan by fostering economic activity, increasing property values, saving costs, and attracting investment FISCAL IMPACT:

None. The approximate cost of $4,147,700.00 will be funded through the allocated and approved Home Funds, PLHA Grant and Maxine Waters Grant.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Bid List

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AGENDA ITEM NO. 22

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Approval of Purchase of two 2023 Ford Explorer Vehicles.

RECOMMENDED MOTION:

Staff recommends that the City Council authorize the Director of Public Works to proceed with the order and purchase of up to two Ford Explorer Vehicles.

DISCUSSION:

The proposed acquisition will replace the current vehicles, a 2000 Crown Victoria and a 2008 Chevy Trailblazer, utilized by the City Manager's Office and Public Works Department. These vehicles have accumulated high mileage and have been in service for multiple years, necessitating frequent repairs, which have become challenging due to the unavailability of discontinued or obsolete parts.

City staff sought proposals from eight Ford Dealers to purchase two 2023 Ford Rangers.

Responses were received from Airport Marina Ford, Norm Reeves Ford, and South Bay Ford.

Among the quotes provided for the two 2023 Ford Rangers, Southbay Ford quoted $89,438.64, Airport Marina Ford quoted $89,433.14, and Norm Reeves Ford quoted $86,580.14. After evaluation, Norm Reeves Ford was selected as the preferred quote.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

New vehicles are likely to be more fuel-efficient and require fewer repairs, reducing ongoing operational costs. This can free up funds for other essential city services and investments.

FISCAL IMPACT:

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None. The estimated amount of $87,000 is available and will be paid with the approved and allocated Equipment funds.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Blanket Purchase Order

2. Price Quote

PUBLIC WORKS DEPARTMENT
Vendor Name Agreement 2023 Amounts Account Number Description Norm Reeves Ford Cerritos 2023 Ford Explorers In Process $87,000.00 600-3103-000-0-0-47404 Purchase of up to two Ford Explorers Total: $87,000.00

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AGENDA ITEM NO. 23

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: Finance
City Manager: __________
Vontray Norris
Dir. of Finance: ___________
Felice Lopez
SUBJECT:

American Rescue Plan Act (ARPA) Economic Development Programs Update RECOMMENDED MOTION:

Staff recommends that the City Council ask questions as necessary and receive and file the ARPA Economic Development Plan Programs update.

DISCUSSION:

At the September 26, 2023, City Council meeting staff presented to the City Council an update for the business assistance programs. This staff report will provide a current update on those various projects.

The following is a general description of each of the projects.

BUSINESS ASSISTANCE RES GRANTS - $50,000 and MARKETING ASSISTANCE GRANTS - $75,000 Grants of up to $5,000 to provide individualized assistance to businesses in the areas of employee training or rehiring, grant application assistance, financial training or marketing assistance. • Eligible businesses must be located within incorporated Hawthorne. • The business attests to a loss of business from March 16, 2020, to December 32, 2020, and that they received little or no financial assistance in response to the pandemic. • Some business types, including corporate chains, are not eligible for the program. • Funding availability is limited, and the award of funds is on a first-come, first-serve basis.

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BUSINESS RENTAL ASSISTANCE GRANTS - $150,000
Grants of up to $5,000 to qualified businesses who are in arrears in their rent. • Eligible businesses must be located within incorporated Hawthorne. • The business must lease/rent their commercial property directly from a landlord. • The business must demonstrate a delinquency in rent payments in rent from March 16, 2020, to December 31, 2021.
• Payments will be made directly to the landlord.
• The landlord and tenant must enter into a rental repayment agreement.

UPDATES
The following is a status update of each of the above-described projects.

BUSINESS ASSISTANCE AND MARKETING ASSISTANCE GRANTS
Applicants applied for up to a $5,000 grant to be used for individualized services in one of four categories – employee training or rehiring, grant application assistance, financial management training or business marketing. Services will be provided by one of two third party vendors, South Bay Workforce Investment Board or Tripepi Smith marketing consultants. The city began marketing the program in June. The initial application period began July 17 and closed September 29. The City received 51 applications, of which 33 were qualified. Notices were emailed to all qualified applicants and both vendors received contact information for the businesses in their category of services.

BUSINESS RENTAL ASSISTANCE GRANTS
Similar to the Business Assistance grants, the city began marketing the program in June. Grants will be made to landlords for up to $5,000 in back rent. The official application period began July 17 and closed Sept 29. Ten businesses applied for grants and eight were eligible. Seven applicants have submitted landlord contact information and checks will be issued on November 15th.

The City and HdL continue to market all of the Economic Development Programs to the business community and residents.

ECONOMIC DEVELOPMENT STRATEGIC PLAN:

Establish partnerships with entities that can work toward City goals and objectives.

FISCAL IMPACT:

None for Business Recovery Assistance.

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NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. HDL Presentation
Business Assistance Programs
Update
Community E-Gift Card Programs
• 25 participating merchants
• 215 cards valued at $5,450purchased
• $4,580 in cards redeemed at local businesses
• Ongoing marketing efforts include:
• Advertising on City’s digital billboard
• Updated flyers distributed to participating merchants • New press release from City’s public information office Business Assistance Grant Programs
• $50,000 budgeted for Business Resource Grants
• $75,000 budgeted for Marketing Assistance Grants
• Grants of $5,000 per business
• Merchants receive customized services from specialist provides • 33 businesses have been approved for:
• Five employee retention grants
• Fifteen grant application assistance grants
• Ten marketing assistance grants
• Three financial planning grants
Business Rental Assistance Program
• $150,000 budgeted for Business Resource Grants
• Grants of $5,000 per business
• Payments made directly to landlords
• Landlord and tenant enter into a rent repayment agreement • Merchants receive customized services from specialist provides • To date, eight businesses have been approved for rental assistance.

Ongoing Assistance Program Efforts
• Rent assistance applicants have until Monday, November 13 to submit their signed landlord/tenant agreements. To date, seven of eight applicants have submitted the
required documents.
• The City will issue payments beginning the week of
November 13 – 17.

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AGENDA ITEM NO. 24

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: Public Works
City Manager: __________
Vontray Norris
Dir. of Public Works: ___________
Akbar Farokhi
SUBJECT:

Progress Payment #2 in the amount of $256,432.55 due to Best Contracting Services, Inc of Gardena, CA for City of Hawthorne Owned Building Roof Rehabilitation (Project #23-06).

RECOMMENDED MOTION:

Staff recommends that the City Council approve this Progress Payment #2 to Best Contracting Services Inc of Gardena, CA.

DISCUSSION:

This project includes providing all services, labor, materials, permits, insurances, tools, and equipment needed, in accordance with the specifications to successfully and safely complete the resurfacing of the roof at six (6) City of Hawthorne owned buildings: 11529 Gale Ave, 11537 Gale Ave,11605 Gale Ave, 12720-12726 Grevillea and 12529 Truro Ave Hawthorne, CA 90250. The work consists of removing and installing new roof system to each of the six (6) properties, removing and replacing any damaged plywood (50 sheets), remove and replace existing rain gutters and downspouts, replace 400 linear feet of fascia board, replace 400 linear feet of rafter tails, all exterior plaster surfaces at all properties will be prepared to receive a new coat of paint and all other work necessary to complete the improvements in accordance with the Specifications.

As of October 31st, 2023, Best Contracting Services has completed ~90% of the projects scope of work: replaced 50 sheets of plywood, 400 linear feet of fascia board, 400 linear feet rafter trails, removed and replaced the roof system at all 6 properties, have prepared all properties exterior plaster surfaces for new coat of paint and will be finalizing the painting and gutter/downspouts removal and replacement.

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ECONOMIC DEVELOPMENT STRATEGIC PLAN:

Implementing this rehabilitation project on city-owned properties contributes to our economic strategic plan in several ways. For example, by stimulating local economy. Housing rehabilitation projects require hiring contractors, suppliers, and laborers, which injects money into the local economy and creating job opportunities. This project will also be increasing property value. By having well-maintained properties with functional and aesthetically pleasing roofs tend to have higher market value. By investing in roof Page 2 of 2 rehabilitation, the city can improve the condition of its properties and attract potential tenants. City owned properties with wellmaintained roofs contribute to the overall livability and attractiveness of the community. This can help attract businesses, residents, and investors, boosting economic growth and revitalizing neighborhoods. A visually appealing and structurally sound roof can create a positive impression of the city's commitment to infrastructure maintenance and development.

In addition, by addressing roof issues promptly, the City can avoid more extensive repairs or even complete roof replacements, which can be significantly costlier. This proactive approach to maintenance helps save public funds and ensures efficient use of resources. By investing in roof rehabilitation on city owned properties, we contribute to our economic strategic plan by fostering economic activity, increasing property values, saving costs, and attracting investment.

FISCAL IMPACT:

None. Funds for this progress payment in the amount of $256,432.55 will be funded through the allocated and approved Home Funds, CPF, and ARPA
NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

1. Progress Payment #2

2. Contractor's Invoice

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AGENDA ITEM NO. 25

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: City Attorney
City Attorney:_________________
Robert M. Kim
SUBJECT:

Claim of Albert N. Rubio
RECOMMENDED MOTION:

Deny the Claim of Albert N. Rubio
DISCUSSION:

Claimant seeks damages for a rear-end vehicle accident involving an employee of Hawthorne School District, which is not affiliated with the City of Hawthorne.

FISCAL IMPACT:

None.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

None

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AGENDA ITEM NO. 26

CITY OF HAWTHORNE
City Council

AGENDA BILL
For the meeting of November 14, 2023
Originating Department: City Attorney
City Attorney: _______________________
Robert M. Kim
SUBJECT:

Claim of Kenneth Lamar Jerome Tucker
RECOMMENDED MOTION:

Deny the Claim of Kenneth Lamar Jerome Tucker
DISCUSSION:

Claimant seeks damages arising from a pedestrian versus automobile accident in which Claimant was struck by a third party.

FISCAL IMPACT:

None.

NOTICING PROCEDURES:
72 hours posted notice pursuant to the Ralph M. Brown Act ATTACHMENT(S):

None.

Hawthorne City CouncilNovember 14, 2023

Hawthorne City Council
November 14, 2023