City Council
City of Hermosa Beach
Regular Meeting Agenda - Final
City Hall
1315 Valley Drive
Hermosa Beach, CA
90254
Mayor
Michael Detoy
Mayor Pro Tem
Raymond Jackson
Councilmembers
Stacey Armato
Mary Campbell
Justin Massey
Tuesday, May 10, 2022 5:00 PM
Closed Session - 5:00 PM
Open Session - 6:00 PM
Duly posted on May 6, 2022 at 9:00 AM by M.M.
1 City Council Regular Meeting Agenda - Final May 10, 2022
VIEWING OPTIONS FOR PUBLIC MEETINGS
Public meetings are broadcast live on Spectrum Channel 8 and Frontier Channel 31 in Hermosa Beach.
The following viewing options are provided as a courtesy:
ZOOM: Join the meeting link if available or participate by phone YOUTUBE CHANNEL: https://www.youtube.com/c/CityofHermosaBeach90254 CITY WEBSITE: www.hermosabeach.gov and visit the Agendas/Minutes/Videos page ***PLEASE NOTE: IF YOU EXPERIENCE TECHNICAL DIFFICULTIES WHILE VIEWING THE
MEETING ON ONE OF THESE PLATFORMS, PLEASE TRY ONE OF THE OTHER VIEWING OPTIONS***
All council meetings are open to the public. PLEASE ATTEND.
The City Council agenda packet is available for your review on the City's website located at www.hermosabeach.gov. Complete agenda packets are also available for public inspection in the City Clerk's office.
During the meeting, a packet is also available in the Council Chambers foyer or you can access the packet at our website, www.hermosabeach.gov, on your laptop, tablet or smartphone through the wireless signal available in the City Council chambers - Network ID: CHB-Guest, Password: chbguest To comply with the Americans with Disabilities Act of 1990, Assistive Listening Devices (ALD) will be available for check out at the meeting. If you require special assistance to participate in this meeting, you must call or submit your request in writing to the Office of the City Clerk at (310) 318-0204 at least 48 hours prior to the meeting.
City of Hermosa Beach Page 2 Printed on 3/25/2024
2 City Council Regular Meeting Agenda - Final May 10, 2022 5:00 P.M. - CLOSED SESSION
(LOCATION: Meetings convene in the Council Chambers and move to the Second Floor Conference Room after Public Comment)
CALL TO ORDER IN COUNCIL CHAMBERS
ROLL CALL
PUBLIC COMMENT ON THE CLOSED SESSION AGENDA
Hybrid virtual/in-person meetings are held pursuant to AB361. State and local officials recommend measures to promote social distancing. Members of the public may email comments to [email protected] or submit eComments until 3:00 p.m. on the meeting date.
IN-PERSON: Council Chambers, 1315 Valley Drive, Hermosa Beach ZOOM: https://us02web.zoom.us/j/89968207828?pwd=bXZmWS83dmxHWDZLbWRTK2RVaUxaUT09 OR PARTICIPATE BY PHONE:
• Toll Free: 833-548-0276
• Meeting ID: 899 6820 7828, then #
• Passcode: 472825
ATTENDEES WILL BE MUTED UNTIL THE PUBLIC PARTICIPATION PERIOD IS OPENED.
If you are joining by phone, press * 9 to raise your virtual hand and * 6 to unmute your line when asked to do so. Comments from the public are limited to 3 minutes per speaker.
RECESS TO CLOSED SESSION IN SECOND FLOOR CONFERENCE ROOM a. 22-0294 MINUTES: Approval of minutes of Closed Session held on April 26, 2022. b. 22-0295 CONFERENCE WITH LEGAL COUNSEL: Pending Litigation Government Code Section 54956.9(d)(1)
The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.
Name of Case: Sinkler, Chantelle vs. City of Hermosa Beach Case Number: Los Angeles Superior Court Case No. 21STCV05150 City of Hermosa Beach Page 3 Printed on 3/25/2024
3 City Council Regular Meeting Agenda - Final May 10, 2022 c. 22-0296 CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
City Negotiator: Labor Attorney Daphne M. Anneet and City Manager Employee
Organizations: Hermosa Beach Police Officers’ Association Police Management Bargaining Group
Teamsters Union, Local 911
Professional and Administrative Employee Group
Hermosa Beach Management Association
Unrepresented Employees
RECESS TO OPEN SESSION
City of Hermosa Beach Page 4 Printed on 3/25/2024
4 City Council Regular Meeting Agenda - Final May 10, 2022 6:00 P.M. - REGULAR AGENDA
Hybrid virtual/in-person meetings are held pursuant to AB361. State and local officials recommend measures to promote social distancing. Members of the public may email comments to [email protected] or submit eComments until 3:00 p.m. on the meeting date.
IN-PERSON: Council Chambers, 1315 Valley Drive, Hermosa Beach ZOOM: https://us02web.zoom.us/j/89968207828?pwd=bXZmWS83dmxHWDZLbWRTK2RVaUxaUT09 OR PARTICIPATE BY PHONE:
• Toll Free: 833-548-0276
• Meeting ID: 899 6820 7828, then #
• Passcode: 472825
ATTENDEES WILL BE MUTED UNTIL THE PUBLIC PARTICIPATION PERIOD IS OPENED.
If you are joining by phone, press * 9 to raise your virtual hand and * 6 to unmute your line when asked to do so. Comments from the public are limited to 3 minutes per speaker.
Oral and Written Communication
Persons who wish to have written materials included in the agenda packet at the time the agenda is published on the City's website must submit the written materials to the City Clerk’s office by email ([email protected]) or in person by noon on Tuesday, one week before the meeting date.
Written materials pertaining to matters listed on the posted agenda received after the agenda has been posted will be added as supplemental materials under the relevant agenda item on the agenda packet.
Supplemental materials may be submitted via eComment (instructions below) or emailed to [email protected]. Supplemental materials must be received by 3:00 p.m. on the date of the meeting to be posted to the agenda packet before the meeting begins and to ensure Council and staff have the ability to review materials before the meeting. Supplemental materials submitted after 3:00 p.m. on the date of the meeting but before the meeting ends will be posted to the agenda packet the next business day.
Submit Supplemental eComments in three easy steps:
Note: Your comments will become part of the official meeting record. You must provide your full name, but please do not provide any other personal information (i.e. phone numbers, addresses, etc) that you do not want to be published.
1. Go to Agendas/Minutes/Video webpage and find the meeting you would like to submit comments on.
Click on the eComment button for your selected meeting.
2. Find the agenda item for which you would like to provide a comment and select the comment button.
3. Sign in to your SpeakUp Hermosa account or submit a comment as a guest. Enter your name and comment
in the fields provided. If you have an account, you may attach files before submitting your comment.
City of Hermosa Beach Page 5 Printed on 3/25/2024
5 City Council Regular Meeting Agenda - Final May 10, 2022 I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. CLOSED SESSION REPORT
V. ANNOUNCEMENTS - UPCOMING CITY EVENTS
VI. APPROVAL OF AGENDA:This is the time for the City Council to change the order in which it takes up items on this agenda, remove and/or continue agenda items and pull items from the consent calendar for separate consideration.
VII. PROCLAMATIONS / PRESENTATIONS
a. 22-0276 RECOGNIZING LOCAL ARTIST KATY JENSSEN
FOR HER MOSAIC SURFBOARDS
b. 22-0289 RECOGNIZING LEADERSHIP HERMOSA
BEACH EMERGING LEADERS
c. 22-0278 RECOGNIZING NATIONAL POLICE AND
PUBLIC WORKS WEEK MAY 15-21, 2022
VIII. CITY MANAGER REPORT - The City Manager and staff may provide brief reports on pending City business. Longer oral reports to be provided are as follows:
a. 22-0290 POLICE CHIEF UPDATE
City of Hermosa Beach Page 6 Printed on 3/25/2024
6 City Council Regular Meeting Agenda - Final May 10, 2022 IX. PUBLIC PARTICIPATION -- ORAL AND WRITTEN COMMUNICATIONS FROM THE PUBLIC: This is the time for members of the public to address the City Council on any items within the Council's jurisdiction not on this agenda and on items where public comment will not be taken (City Manager Reports, Written Communication, City Councilmember Comments, Consent Calendar items not pulled for separate consideration, and Future Agenda Items) only.
All comments from the public under this agenda item are limited to three minutes per speaker. This time allotment may be reduced due to time constraints at the discretion of the City Council. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in oral and written communications, except that the Council may take action to schedule issues raised in oral and written communications for a future agenda. Speakers with comments regarding City management or departmental operations are encouraged to submit those comments directly to the City Manager. Members of the audience will have a future opportunity to speak on items removed from the Consent Calendar for separate consideration, Public Hearings, and Municipal Matters, at the time those items are heard.
All comments from the public under this agenda item are limited to three minutes per speaker, but this time allotment may be reduced due to time constraints. The City Council acknowledges receipt of the written communications listed below. No action will be taken on matters raised in oral and written communications, except that the Council may take action to schedule issues raised in oral and written communications for a future agenda. Speakers with comments regarding City management or departmental operations are encouraged to submit those comments directly to the City Manager.
X. CITY COUNCILMEMBER COMMENTS: Councilmembers may briefly respond to public comments, may ask a question for clarification or make a brief announcement or report on his or her own activities or meetings attended. a. 22-0291 UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES
AND STANDING COMMITTEE DELEGATES/ALTERNATES
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7 City Council Regular Meeting Agenda - Final May 10, 2022 XI. CONSENT CALENDAR: The following matters will be acted upon collectively with a single motion and vote to approve with the majority consent of the City Council.
Councilmembers may orally register a negative vote on any Consent Calendar item without pulling the item for separate consideration prior to the vote on the Consent Calendar. There will be no separate discussion of these items unless a Councilmember removes an item from the Consent Calendar, either under Approval of the Agenda or under this item prior to the vote on the Consent Calendar. Items removed will be considered under Agenda Item XII (12), with public comment permitted at that time. The title is deemed to be read and further reading waived of any ordinance listed on the Consent Calendar for introduction or adoption. a. REPORT
22-0275
CITY COUNCIL MEETING MINUTES
(City Clerk Myra Maravilla)
Recommendation: Staff recommends City Council approve the minutes of the City Council Meeting of April 21, 2022 and April 26, 2022.
b. REPORT
22-0274
CHECK REGISTERS
(Finance Director Viki Copeland)
Recommendation: Staff recommends City Council ratify the following check registers. c. REPORT
22-0280
CANCELLATION OF CERTAIN CHECKS
(City Treasurer Karen Nowicki)
Recommendation: The City Treasurer recommends City Council ratify cancellation of certain checks. d. REPORT
22-0287
ACTION MINUTES OF THE PARKS, RECREATION AND
COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF
APRIL 5, 2022
Recommendation: Staff recommends City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of April 5, 2022. e. REPORT
22-0222
LOS ANGELES COUNTY FIRE AND AMBULANCE MONTHLY
REPORT FOR MARCH 2022
(Emergency Management Coordinator Brandy Villanueva)
Recommendation: Staff recommends City Council receive and file the March 2022 Fire and Ambulance monthly report.
f. REPORT
22-0292
FINDINGS TO HOLD REMOTE TELECONFERENCE/MEETINGS,
PURSUANT TO ASSEMBLY BILL 361
(City Clerk Myra Maravilla)
Recommendation: Staff recommends City Council authorize remote teleconference/virtual meetings of all City of Hermosa Beach legislative bodies in accordance with Assembly Bill 361 ("AB 361"), by finding that: (1) a statewide state of emergency is currently in place; (2) state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and meeting in person would present imminent risks to the health or safety of attendees.
City of Hermosa Beach Page 8 Printed on 3/25/2024
8 City Council Regular Meeting Agenda - Final May 10, 2022 g. REPORT
22-0282
HERMOSA BEACH LANDSCAPING AND STREET LIGHTING
DISTRICT 2022-2023 ADOPTION OF RESOLUTIONS REGARDING
THE ENGINEER’S REPORT AND SETTING JUNE 14, 2022
FOR A PUBLIC HEARING
(Public Works Director Joe SanClemente)
Recommendation: Staff recommends City Council:
1. Adopt a resolution (Attachment 3) approving the Engineer's Report in connection with Hermosa Beach Landscaping and Street Lighting District 2022-2023 (District) made pursuant to the requirements of Resolution No. 22-7310; and
2. Adopt a resolution (Attachment 4) declaring the City's intention to order certain improvements and to levy and collect assessments within the Hermosa Beach Landscaping and Street Lighting District 2022-2023 for the Fiscal Year beginning July 1, 2022, through June 30, 2023, and appointing June 14, 2022, at the hour of 6:30 p.m. in the Civic Center Council Chambers as the time and place for a public hearing in relation thereto.
h. REPORT
22-0270
APPROVAL OF LETTERS OF SUPPORT FOR PROPOSED
ASSEMBLY BILL 2074 (GIPSON) PROVIDING INCENTIVES
FOR MICROMOBILITY DEVICES AND 2432 (MURATSUCHI)
ALLOWING CREATION OF A NEIGHBORHOOD ELECTRIC
VEHICLE TRANSPORTATION PLAN
(Environmental Programs Manager Douglas Krauss)
Recommendation: Staff recommends City Council:
1. Authorize the Mayor to sign letters of support (Attachments 1 and 2) on behalf of the City regarding Assembly Bill 2074 providing incentives for micromobility and Assembly Bill 2432 allowing creation of a neighborhood electric vehicle transportation plan; and
2. Submit the letters to key legislators and local stakeholders i. REPORT
22-0264
A RESOLUTION OF THE CITY OF HERMOSA BEACH PROVIDING
NOTICE OF THE CITY’S INTENT TO WITHDRAW FROM THE
INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA)
(Human Resources Manager Vanessa Godinez)
Recommendation: Staff recommends City Council adopt a resolution (Attachment 1) providing notice of the City's intent to withdraw from the Independent Cities Risk Management Authority (ICRMA).
City of Hermosa Beach Page 9 Printed on 3/25/2024
9 City Council Regular Meeting Agenda - Final May 10, 2022 j. REPORT
22-0312
APPROVAL OF FOURTH AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF HERMOSA BEACH AND
THE HERMOSA BEACH CHAMBER OF COMMERCE AND
VISITORS BUREAU TO PROVIDE FIESTA HERMOSAS
(Community Resources Manager Lisa Nichols)
Recommendation: Staff recommends City Council:
1. Approve the proposed fourth amendment with the Hermosa Beach Chamber of Commerce and Visitors Bureau to allow for set-up of the Memorial Day 2022 event activities in the Community Center parking lot and on the beach on the south side of the Pier to begin the Thursday prior to the event and tear-down to conclude the Tuesday following the event; and with future requests for additional set-up and tear-down days at the sole discretion of the City; and
2. Authorize the Mayor to execute and the City Clerk to attest the fourth amendment subject to approval by the City Attorney (Attachment 9).
XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION - Items pulled from the Consent Calendar will be handled separately.
Public comment will be taken prior to Council deliberation and action on each item pulled from the Consent Calendar.
XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M.
a. REPORT
22-0283
APPROVAL OF ADDITIONAL 2022 IMPACT LEVEL III SPECIAL
EVENTS INCLUDING: ASHER’S BASH AND RAINBOW DASH TO
CURE CHILDHOOD CANCER (6/18); AND JERSEY MIKE’S USLA
NATIONAL LIFEGUARD AND JUNIOR LIFEGUARD CHAMPIONSHIP
(8/8-8/14)
(Community Resources Manager Lisa Nichols)
Recommendation: Staff recommends City Council approve the Parks, Recreation and Community Resources Advisory Commission's recommendation to include the following additional Impact Level III Special Events on the 2022 Special Event Calendar:
1. Asher's Bash and Rainbow Dash to Cure Childhood Cancer on Saturday, June 18 on the Greenbelt between Gould Avenue and Pier Avenue and at Valley Park subject to the conditions imposed by the Parks, Recreation and Community Resources Advisory Commission; and
2. Jersey Mike's USLA National Lifeguard and Junior Lifeguard Championship on Monday, August 8 through Sunday, August 14, in and out of the water north of the Pier with removal of the beach tennis courts.
City of Hermosa Beach Page 10 Printed on 3/25/2024
10 City Council Regular Meeting Agenda - Final May 10, 2022 b. REPORT
22-0293
ADOPTION OF AN ORDINANCE
OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ADOPTING A MILITARY USE EQUIPMENT POLICY,
IN ACCORDANCE WITH ASSEMBLY BILL 481
(City Clerk Myra Maravilla)
Recommendation: Staff recommends City Council waive the full second reading and adopt by title an ordinance of the City of Hermosa Beach adopting a military use equipment policy in accordance with Assembly Bill 481 (Attachment 1), and direct staff to publish a summary ordinance (Attachment 2).
XIV. MUNICIPAL MATTERS
a. REPORT
22-0271
APPROVAL OF SECOND AMENDMENT TO AGREEMENT FOR
PROJECT MANAGEMENT/COORDINATION IN IMPLEMENTING THE
MUNICIPAL STORMWATER (MS4) PERMIT WITH JOHN L. HUNTER
AND ASSOCIATES, INC.
(Environmental Programs Manager Doug Krauss)
Recommendation: Staff recommends City Council:
1. Approve the proposed second amendment to an agreement with John L. Hunter and Associates, Inc. for project management/coordination in implementing the Municipal Stormwater (MS4) Permit to extend the contract by two years, through June 30, 2024, and extend the annual compensation amount of $114,989 resulting in a total amended contract term of five years and a total not-to-exceed amount of $574,945; and
2. Authorize the Mayor to execute and the City Clerk to attest the attached second amendment subject to approval by the City Attorney (Attachment 4). b. REPORT
22-0299
CONSIDERATION OF PROPOSALS REGARDING
THE EXTENSION OF AGREEMENTS BETWEEN
THE CITY OF HERMOSA BEACH AND
ARAKELIAN ENTERPRISES, INC (DBA ATHENS SERVICES)
FOR SOLID WASTE MANAGEMENT SERVICES AND
STREET SWEEPING AND CLEANING SERVICES
(Environmental Programs Manager Douglas Krauss)
Recommendation: Staff recommends City Council:
1. Consider the proposals submitted by Athens Services, Inc. for extension and amendment of the current solid waste management and street sweeping and cleaning services agreements;
2. Provide feedback regarding the most desired proposal option; and
3. Direct staff to proceed with negotiations with Athens Services, Inc.
If City Council should desire to pursue a new Request for Proposals (RFP):
1. Direct staff to reappropriate $300,000 for Request for Proposal (RFP) development and estimated revenue of $300,000 for Reimbursement of the Solid Waste Management and Street Sweeping RFPs from the Fiscal Year 2021-22 Budget to the Fiscal Year 2022-23 Budget.
City of Hermosa Beach Page 11 Printed on 3/25/2024
11 City Council Regular Meeting Agenda - Final May 10, 2022 c. REPORT
22-0297
APPROVAL OF A LETTER SUPPORTING SOUTH BAY
REGIONAL HOUSING TRUST LEGISLATION AND
BUDGET REQUEST
(Interim Community Development Director Angela Crespi)
Recommendation: Staff recommends City Council:
1. Authorize the Mayor to sign a letter of support (Attachment 1) on behalf of the City regarding the South Bay Cities Council of Government (SBCCOG) South Bay Regional Housing Trust Legislation and Budget Request, which would provide loans to facilitate the construction of affordable housing in participating South Bay cities; and
2. Submit the letter to key legislators and local stakeholders. d. REPORT
22-0301
AWARD A CONTRACT FOR STORM DRAIN CATCH BASIN
MAINTENANCE SERVICES TO RON’S MAINTENANCE INC.
(Public Works Director Joe SanClemente)
Recommendation: Staff recommends City Council:
1. Award a contract for storm drain catch basin maintenance services to Ron's Maintenance, Inc. in the amount of $173,351 over four years beginning July 1, 2022 and ending June 30, 2026 with an option to extend for an additional year;
2. Authorize the Director of Public Works to establish a $10,000 per year project contingency for a total amount of $40,000; and
3. Authorize the Mayor to execute and the City Clerk to attest the proposed agreement subject to approval by the City Attorney.
e. REPORT
22-0309
AWARD OF A SANITARY SEWER MAINTENANCE AND CCTV
INSPECTION SERVICES CONTRACT TO EMPIRE PIPE CLEANING
AND EQUIPMENT, INC.
(Public Works Director Joe SanClemente)
Recommendation: Staff recommends City Council:
1. Award a contract for sanitary sewer hydro-flushing and video inspection maintenance services to Empire Pipe Cleaning and Equipment, Inc. in the amount of $793,490 over four years beginning July 1, 2022 and ending June 30, 2026 with an option to extend for one additional year;
2. Authorize the Director of Public Works to establish a $10,000 per year project contingency for a total amount of $40,000; and
3. Authorize the Mayor to execute and the City Clerk to attest the contract subject to the approval of the City Attorney.
XV. FUTURE AGENDA ITEMS - Requests from Councilmembers for possible future agenda items and questions from Councilmembers regarding the status of future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. Councilmembers should consider the city's work plan when considering new items. The existing list of future agenda items below is for information only.
a. 22-0300 TENTATIVE FUTURE AGENDA ITEMS
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12 City Council Regular Meeting Agenda - Final May 10, 2022 XVI. ADJOURNMENT
City of Hermosa Beach Page 13 Printed on 3/25/2024
13 City Council Regular Meeting Agenda - Final May 10, 2022
FUTURE MEETINGS AND CITY HOLIDAYS
CITY COUNCIL MEETINGS:
May 24, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
June 2, 2022 -Thursday - Adjourned Regular Meeting:
5:00 PM - Budget Study Session
June 14, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
June 28, 2022 - No meeting due to lack of quorum
July 12, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
July 21, 2022 -Thursday - Adjourned Regular Meeting:
6:00 PM - Joint meeting with all Boards/Commissions
July 26, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
August 4, 2022 -Thursday - Adjourned Regular Meeting:
5:00 PM - Study Session
August 9, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
August 23, 2022 - Tuesday - No Meeting (Dark for Summer Break) September 1, 2022 -Thursday - Adjourned Regular Meeting:
5:00 PM - Study Session
September 13, 2022 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting
September 27, 2022 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting
October 11, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
October 22, 2022 -Saturday - Adjourned Regular Meeting:
8:00 AM - City Council Retreat
October 25, 2022 - Tuesday - 5:00 PM - Closed Session,
6:00 PM - City Council Meeting
November 3, 2022 -Thursday - Adjourned Regular Meeting:
5:00 PM - Closed Session, 6:00 PM - Regular Meeting
November 8, 2022 - No meeting due to lack of quorum (General Election) November 22, 2022 - No meeting due to lack of quorum (Thanksgiving week) November 29, 2022 -Tuesday - Adjourned Regular Meeting:
5:00 PM - Closed Session, 6:00 PM - Regular Meeting (Installation of new officers) December 1, 2022 -Thursday - Adjourned Regular Meeting:
6:00 PM - Mayor Transition Ceremony & Reception
December 13, 2022 - Tuesday - 5:00 PM - Closed Session, 6:00 PM - City Council Meeting
December 27, 2022 - Tuesday - No Meeting (Dark for WInter Break) City of Hermosa Beach Page 14 Printed on 3/25/2024
14 City Council Regular Meeting Agenda - Final May 10, 2022 BOARDS, COMMISSIONS AND COMMITTEE MEETINGS:
May 17, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting May 18, 2022 - Wednesday - 6:00 PM - Public Works Commission Meeting June 6, 2022 - Monday - 6:00 PM - Economic Development Committee Meeting June 16, 2022 - Thursday - 7:00 PM - Parks and Recreation Advisory Commission Meeting June 21, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting July 5, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting July 19, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting July 20, 2022 - Wednesday - 6:00 PM - Public Works Commission Meeting August 2, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting August 16, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting September 6, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting September 20, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting September 21, 2022 - Wednesday - 6:00 PM - Public Works Commission Meeting October 6, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting October 18, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting November 1, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting November 15, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting November 16 - Wednesday - 6:00 PM - Public Works Commission Meeting December 6, 2022 - Tuesday - 7:00 PM - Parks and Recreation Advisory Commission Meeting December 20, 2022 - Tuesday - 6:00 PM - Planning Commission Meeting CITY OFFICES CLOSED FRIDAY-SUNDAY AND ON THE FOLLOWING DAYS:
May 30, 2022 - Monday - Memorial Day
July 4, 2022 - Monday - Independence Day
September 5, 2022 - Monday - Labor Day
November 24, 2022 - Thursday - Thanksgiving Day
December 26, 2022 - Monday - Christmas Day (observed)
January 2, 2023 - Monday - New Year's Day (observed)
City of Hermosa Beach Page 15 Printed on 3/25/2024
15 City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0294
Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of May 10, 2022
MINUTES: Approval of minutes of Closed Session held on April 26, 2022.
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0295
Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of May 10, 2022
CONFERENCE WITH LEGAL COUNSEL: Pending Litigation
Government Code Section 54956.9(d)(1)
The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.
Name of Case: Sinkler, Chantelle vs. City of Hermosa Beach Case Number: Los Angeles Superior Court Case No. 21STCV05150 City of Hermosa Beach Page 1 of 1 Printed on 5/6/2022
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0296
Honorable Mayor and Members of the Hermosa Beach City Council Closed Session of May 10, 2022
CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
City Negotiator: Labor Attorney Daphne M. Anneet and City Manager Employee
Organizations: Hermosa Beach Police Officers’ Association Police Management Bargaining Group
Teamsters Union, Local 911
Professional and Administrative Employee Group
Hermosa Beach Management Association
Unrepresented Employees
City of Hermosa Beach Page 1 of 1 Printed on 5/6/2022
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0276
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
RECOGNIZING LOCAL ARTIST KATY JENSSEN
FOR HER MOSAIC SURFBOARDS
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0289
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
RECOGNIZING LEADERSHIP HERMOSA
BEACH EMERGING LEADERS
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0278
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
RECOGNIZING NATIONAL POLICE AND
PUBLIC WORKS WEEK MAY 15-21, 2022
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0290
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
POLICE CHIEF UPDATE
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
22-0291
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES
AND STANDING COMMITTEE DELEGATES/ALTERNATES
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0275
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
CITY COUNCIL MEETING MINUTES
(City Clerk Myra Maravilla)
Recommended Action:
Staff recommends City Council approve the minutes of the City Council Meeting of April 21, 2022 and April 26, 2022.
Attachments:
1. April 21, 2022 Adjourned Regular City Council Meeting
2. April 26, 2022 Regular City Council Meeting
Respectfully Submitted by: Myra Maravilla, City Clerk
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 1 of 1 Printed on 5/6/2022
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Hermosa Beach Virtual Council
Adjourned Regular Meeting Minutes
Thursday, April 21, 2022
5:00 P.M.
Virtual Meeting via Zoom
City Council
Michael Detoy, Mayor
Ray Jackson, Mayor Pro Tem
Stacey Armato, Councilmember
Mary Campbell, Councilmember
Justin Massey, Councilmember
I. CALL TO ORDER
The City Council Adjourned Regular Meeting of the City of Hermosa Beach met via a hybrid virtual/in-person meeting held pursuant to Executive Order AB 361 issued by Governor Gavin Newsom September 16, 2021 on April 21, 2022. Meeting was called to order by Mayor Detoy at 5:04 p.m.
II. PLEDGE OFALLEGIANCE
The Pledge of Allegiance was led by Trent Larson.
III. ROLL CALL
Present: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Armato, Campbell, and Massey.
Absent: None.
IV. ANNOUNCEMENTS - UPCOMING CITY EVENTS
Mayor Detoy stated that tomorrow was officially Earth Day. He added that the City of Hermosa Beach has a long tradition of innovative environmental programs and is currently working on several programs that will both reinforce its commitment to the local and global environment and pave the way for a more sustainable future. He announced the following events were celebrating Earth Day in the city and the surrounding area:
• The Beach Bound Hermosa Beach team will host a Beach Clean Up Event from 25
9:00 a.m. to 3:00 p.m., South of the Pier.
• Sea Sprite Hotel will host their first annual Earth Day Beach Clean Up from 10:00 a.m. to 4:00 p.m. at 1016 The Strand.
• The Roundhouse Aquarium at the end of the Manhattan Beach Pier will have a “Keep It Green, Keep It Clean” Earth Day Celebration from 10:00 a.m. to 2:00 p.m.
Mayor Detoy announced that the 2022 Surfers Walk of Fame Weekend will take place on Friday, April 22 and Saturday, April 23 to honor the 2020 inductees: Nick Christensen, Josette Lagardere, Charlie Quesnel, and John Teague. The weekend will kick off Friday, April 22nd with the Surfers Walk of Fame Kick-Off Party at the Community Theatre at 5:00 p.m. Saturday, April 23, will be the official Induction Ceremony at 11:00 a.m. on Pier Plaza with Spyder Surf Fest to immediately follow. A special addition to this year’s event was the Leadership Hermosa Beach Class of 2022 project, “Boards Across Hermosa”, which includes local artist’s creations on upcycled surfboards to reflect the Hermosa Beach lifestyle.
(Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 21, 2022 Announcements) V. APPROVAL OF AGENDA
MOTION: Councilmember Armato moved, seconded by Councilmember Massey to approve the agenda as presented. Motion carried unanimously.
AYES: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Armato, Campbell, and Massey.
NOES: None.
ABSENT: None.
(Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 21, 2022 Approval of the Agenda) VI. PUBLIC PARTICIPATION
The following people provided public comment:
1. Trent Larson
2. Matt Mc Cool
3. Laura Pena
(Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 21, 2022 Public Participation) 26
VII. OPENING REMARKS
City Manager Suja Lowenthal introduced the study session and thanked staff for their efforts in preparing the information for a thoughtful dialogue regarding the City’s Capital Improvement Program (CIP) for Fiscal Year 2022-23. City Manager Lowenthal stated that staff will review the FY 2021-22 projects and that the CIPs should be reviewed and updated on a regular basis.
(Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 21, 2022 Opening Remarks) VIII. STUDY SESSION
a. FISCAL YEAR 2022-23 CAPITAL IMPROVEMENT PROGRAM STUDY SESSION Public Works Director SanClemente reviewed the Fiscal Year 2022-23 Capital Improvement Program and gave a presentation on the CIPs for Council discussion. (Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 21, 2022 Study Session) IX. COUNCIL QUESTIONS
Councilmembers deliberated and asked questions on a myriad of topics, including additional staff allocation, park restrooms, timeframes, Go Hermosa app, CPI costs estimating, Library Assessment Project, community needs assessment on the theatre, historical funding, how other agencies fund CIPs, grants, possible revenue streams, Business District Study, Lighting Assessment Study, Park Master Plan, studies and costs, expediting processes, bidding processes, design work, Pavement Management Plan, sewer system at Hermosa Ave., annual resurfacing, South Park, utility box wrapping, lighting, comprehensive studies, city yard, and trailer update. (Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 21, 2022 Council Questions) X. PUBLIC PARTICIPATION
The following people provided public comment:
1. Gary Clark
2. Trent Larson
3. Tony Higgins
4. Matt Mc Cool
27
5. Lori Ford
6. Laura Pena
(Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 21, 2022 Public Participation) XI. COUNCIL DISCUSSION
City Council discussed that an update on the current CIPs will be presented with the upcoming budget process.
Mayor Pro Tem Jackson announced that he attended the Eagle Scout Ceremony for Kieran Lyons and congratulated him on his success.
(Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 21, 2022 Council Discussion) XII. ADJOURNMENT
Mayor Detoy adjourned the meeting at 8:10 p.m. He announced the next City Council Regular Meeting to be held on April 26, 2022, at 5:00 p.m. for a Closed Session, followed by the Open Session at 6:00 p.m.
(Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 21, 2022 Adjournment).
Myra Maravilla, City Clerk
28
Hermosa Beach Hybrid Council
Regular Meeting Minutes
Thursday, April 26, 2022
Closed Session - 5:00 P.M.
Regular Session - 6:00 P.M.
Virtual Meeting via Zoom
City Council
Michael Detoy, Mayor
Ray Jackson, Mayor Pro Tem
Stacey Armato, Councilmember
Mary Campbell, Councilmember
Justin Massey, Councilmember
I. CALL TO ORDER
The City Council Regular Meeting of the City of Hermosa Beach met via a hybrid meeting held on April 26, 2022, pursuant to Executive Order AB 361 issued by Governor Gavin Newsom on September 16, 2021. The Closed Session meeting was called to order by Mayor Detoy at 5:00 p.m.
II. ROLL CALL
Present: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell, and Massey.
Absent: Councilmember Armato was excused from this meeting.
Michael Jenkins, City Attorney, requested to add a closed session item to the Closed Session Agenda:
CONFERENCE WITH LEGAL COUNSEL: Pending Litigation Government Code Section 54956.9(d)(1)
The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.
Name of Case: King v. City of Hermosa Beach
29
Case Number: Los Angeles Superior Court Case No. 20STCV19777 III. PUBLIC COMMENT ON CLOSED SESSION ITEMS
The following person provided public comment:
1. Matt McCool
MOTION: Councilmember Massey moved, seconded by Mayor Pro Tem Jackson to add the Closed Session item King vs City of Hermosa Beach to the Closed Session agenda.
AYES: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell, and Massey
NOES: None
ABSENT: Councilmember Armato
Motion carried: 4-0-1
IV. RECESSED TO CLOSED SESSION
The City Council recessed to Closed Session at 5:05 p.m. to hear the following Closed Session items and the added closed session item King v. City of Hermosa Beach. a. 22-0235 MINUTES: Approval of minutes of Closed Session held on April 12, 2022. b. 22-0262 CONFERENCE WITH LEGAL COUNSEL: Pending Litigation Government Code Section 54956.9(d)(1)
The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.
Name of Case: Richard Taylor v. City of Hermosa Beach
Case Number: Workers’ Compensation Appeals Board (WCAB) No.
ADJ13695261
c. 22-0268 CONFERENCE WITH LEGAL COUNSEL: Pending Litigation Government Code Section 54956.9(d)(1)
The City finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation.
Name of Case: Arcadia et al. v. Southern California Edison Corp.
Case Number: Santa Barbara County Superior Court Case No. 20CV02026 30
d. 22-0179 CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
City Negotiator: Labor Attorney Daphne M. Anneet and City Manager Employee
Organizations: Hermosa Beach Police Officers’ Association Police Management Bargaining Group
Teamsters Union, Local 911
Professional and Administrative Employee Group
Hermosa Beach Management Association
Unrepresented Employees
RECESSED TO OPEN SESSION
I. CALL TO ORDER
The City Council Regular Meeting of the City of Hermosa Beach met via a hybrid meeting held on April 26, 2022, pursuant to Executive Order AB 361 issued by Governor Gavin Newsom on September 16, 2021. The Regular meeting was called to order by Mayor Detoy at 6:12 p.m.
II. PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Trent Larson.
III. ROLL CALL
Present: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell, and Massey.
Absent: Councilmember Armato was excused from this meeting.
City Clerk Maravilla announced a quorum.
IV. CLOSED SESSION REPORT
City Attorney, Michael Jenkins, reported out of closed session and stated no reportable action.
(Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 26, 2022 Closed Session Report) V. ANNOUNCEMENTS - UPCOMING CITY EVENTS
Mayor Detoy thanked Lisa Nichols and her team for organizing the Surfer Walk of Fame and also announced the upcoming the Hermosa Beach Summer Sidewalk Celebration 31
on Saturday April 30, 2022, and Sunday May 1, 2022, from 11:00 a.m. to 6:00 p.m. (Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 26, 2022 Announcements Upcoming City Events)
VI. APPROVAL OF AGENDA
MOTION: Councilmember Campbell moved, seconded by Mayor Pro Tem Jackson to approve the agenda as presented.
AYES: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell, and Massey
NOES: None
ABSENT: Councilmember Armato
Motion carried, 4-0-1.
(Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 26, 2022 Approval of the Agenda) VII. PROCLAMATIONS / PRESENTATIONS
a. COVID-19 HEALTH UPDATE FROM BEACH CITIES HEALTH
DISTRICT
b. LOS ANGELES COUNTY FIRE SERVICES AND MCCORMICK AMBULANCE 2021 ANNUAL REVIEW
c. RECOGNIZING FORMER CITY PROSECUTOR ANA PAPADAKIS FOR HER
SERVICE TO THE CITY
(Complete audio and video are available upon request at the City Clerk’s Office or can be accessed by clicking the following link: April 26, 2022 Proclamations and Presentations)
VIII. CITY MANAGER REPORT
City Manager Lowenthal announced the promotion of Dennis Hrboka to Public Works Crew Supervisor and Abraham Villa to Public Works Maintenance Worker II, and Jay Plata to Police Services Supervisor. Ms. Lowenthal also welcomed Johnathan Massey, Interim Assistant Planner to the City of Hermosa Beach. Also, announced was Johnathon Masi as Interim Assistant Planner who started this week.
City Manager Lowenthal gave a brief update regarding the Letter of Support for Assembly Bill 32
1789: Trails and Greenways Program. She stated that last week, Mayor Detoy sent a letter of support for Assembly Bill 1789.
City Manager Lowenthal stated that at the March 31, 2022, Adjourned Meeting, City Council approved a project to increase Greenbelt accessibility for users of all abilities, including those with mobility challenges. The project includes installation of a decomposed granite trail on a portion of the Greenbelt and will serve as a pilot program to explore and potentially later expand the use of decomposed granite on the Greenbelt for increased accessibility. Also, she stated that staff will continue to explore funding opportunities for the Greenbelt pilot project and should AB 1789 be approved, apply for grant funding.
City Manager Lowenthal announced that the Capital Improvement Program (CIP) project 682: Parking Lot D Improvements was selected to receive $423,950 in Safe, Clean Water grant funding last week. The newly awarded funds will be combined with $433,650 in grant funds previously received from the Coastal Conservancy to cover the cost of construction.
The project will completely rehabilitate Parking Lot D, located at Manhattan Avenue and 14th Street. The project is estimated to be completed in late 2023.
City Manager Lowenthal further announced the city will host a COVID-19 vaccination clinic on Thursday, May 5th from 3 p.m. to 5 p.m. at the Clark building. The clinic will be open to those 5 years of age and older and first and second doses of COVID-19 vaccines, along with boosters for Pfizer, Moderna and Johnson & Johnson.
City Manager Lowenthal shared that May 1st through May 7th is Public Service Awareness Week and invited the community to honor public servants by using the prompt “I appreciate public servants because...” and the hashtag #PSAW. Also, the same week of May 1st through 7th will be the 53rd Annual Professional Municipal Clerks Week. The week-long celebration began in 1969 to celebrate the importance of the role of city clerks.
City Manager Lowenthal announced that May 7 is Fire Service Day. Fire Service Day offers the public an opportunity for residents to visit their local fire station to learn about the services provided by the dedicated men and women who serve as firefighters. Los Angeles County Fire Department invites Hermosa Beach residents and visitors to visit Fire Station 100 on Saturday, May 7, 2022, from 10:00 a.m. to 2:00 p.m. to meet the firefighters and get a tour of the fire station.
Chief LeBaron provided his update.
(Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 26, 2022 City Manager Report) IX. PUBLIC COMMUNICATIONS/ORAL AND WRITTEN COMMUNICATIONS The following people provided public comment:
1. Trent Larson
2. Kent Allen
3. Matt McCool
4. Laura Pena
MOTION: Councilmember Campbell, seconded by Mayor Pro Tem Jackson to receive and file Written Communication.
33
AYES: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell, and Massey
NOES: None
ABSENT: Councilmember Armato
Motion carried, 4-0-1.
(Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 26, 2022 Public Communication/Oral Written Communications)
X. CITY COUNCIL COMMENTS
a. UPDATES FROM CITY COUNCIL AD HOC SUBCOMMITTEES AND STANDING
COMMITTEE DELEGATES/ALTERNATES
Mayor Detoy announced Mayor Pro Tem Jackson and Councilmember Campbell attended the Beach Ball which is a fundraiser for the Leadership of Hermosa and acknowledged the nominees.
Councilmember Campbell acknowledged HERmosa and highlighted their fundraising efforts.
Councilmember Massey made comments regarding the Green Belt.
Mayor Pro Tem made comments regarding his experience at Leadership Hermosa event. (Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 26, 2022 City Council Comments) XI. CONSENT CALENDAR
a. MINUTES
b. CHECK REGISTERS
c. MEMORANDUM REGARDING REVENUE REPORT, COVID-19 REVENUE
REPORTS, EXPENDITURE REPORT, AND CIP REPORT BY PROJECT FOR MARCH 2022.
d. MEMORANDUM REGARDING CITY TREASURER’S REPOT AND CASH BALANCE REPORT FOR MARCH 2022
34
e. CANCELLATION OF CERTAIN CHECKS
f. CAPITAL IMPROVEMENT PROGRAM STATUS REPORT AS OF APRIL 20, 2022 g. ACTION MINUTES OF THE PLANNING COMMISSION SPECIAL MEETING OF APRIL 6, 2022 AND REGULAR MEETING OF APRIL 19, 2022
h. PLANNING COMMISSION TENTATIVE FUTURE AGENDA ITEMS
i. FINDINGS TO HOLD REMORT TELECONFERENCE/MEETINGS, PURSUANT TO ASSEEMBLY BILL 361
j. AGENDA ITEM MOVED TO SEPARATE DISCUSSION
k. AGENDA ITEM MOVED TO SEPARATE DISCUSSION
l. AGENDA ITEM MOVED TO SEPARATE DISCUSSION
MOTION: Councilmember Massey moved, seconded by Mayor Pro Tem Jackson to place agenda items j, k, and l to Separate Discussion and approve the remainder of the Consent Calendar.
AYES: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell and Massey
NOES: None
ABSENT: Councilmember Armato
Motion carried, 4-0-1.
(Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 26, 2022 Consent Calendar) XII. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION j. PURCHASE OF LICENSE AUTOMATED PLATE READERS (ALPR) FOR POLICE
DEPARTMENT
The following people provided public comment:
1. Trent Larson
2. Matt McCool
MOTION: Mayor Pro Tem Jackson moved, seconded by Councilmember Campbell to authorize the sole source selection of Vigilant Solutions, LLC to purchase four 35
fixed automatic license plate readers at a total purchase price of $56,932.50.
AYES: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell and Massey
NOES: None
ABSENT: Councilmember Armato
Motion carried, 4-0-1.
k. BROWN ACT DEMANDS FILED BY KENT ALLEN AND MATT MCCOOL The following people provided public comment:
1. Matt McCool
MOTION: Mayor Pro Tem Jackson moved, seconded by Councilmember Campbell to receive and file this report and direct the City Attorney to send response letters pursuant to Government Code 54960.1(c)(2), communicating the City Council's determination that the Demand Letters incorrectly assert Brown Act violations where no violations occurred, and as such, the City Council need not cure or correct the challenged action.
AYES: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell and Massey
NOES: None
ABSENT: Councilmember Armato
Motion carried: 4-0-1.
l. ADOPTION OF ORDINANCE NO. 22-1445 OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, AMENDAING THE HERMOSA BEACH MUNICIPAL CODE CHAPTER
12.20: BEACH AND STRAND REGULATIONS.
The following people provided public comment:
1. Matt McCool
2. Lauren Pena
MOTION: Councilmember Massey moved, seconded by Mayor Pro Tem Jackson to waive the full second reading and adopt by title Ordinance 22-1445; and direct staff to publish a summary ordinance.
AYES: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell and Massey
36
NOES: None
ABSENT: Councilmember Armato
Motion carries, 4-0-1.
(Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 26, 2022 Item removed from Consent Calendar)
XIII. PUBLIC HEARINGS - TO COMMENCE AT 6:30 P.M.
NONE.
XIV. MUNICPAL MATTERS
a. APPROVAL OF A RESOLUTION ACCEPTING THE PRELIMINARY ENGINEER’S
REPORT FORTHE SEWER SERVICE CHARGES AND SETTING A MAJORITY PROTEST HEARING FOR JULY 12, 2022 SETTING A NEW INCREASED RATE
AND FOR APPROVING THE ANNUAL LEVY OF THE CHARGE
MOTION: Councilmember Campbell moved, seconded by Councilmember Massey to adopt the resolution accepting the Preliminary Engineer’s Report and setting the majority protest public hearing for July 12, 2022 and direct the City Clerk to mail all notices required under Proposition 218 and other applicable state laws.
AYES: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell and Massey
NOES: None
ABSENT:Councilmember Armato
Motion carries, 4-0-1.
(Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 26, 2022 Municipal Matter item a) b. INTRODUCE ORDINANCE TO ADOPT A MILITARY USE EQUIPMENT POLICY PURSUANT TO ASSEMBLY BILL 481.
The following people provided public comment:
1. Matt McCool
MOTION: Councilmember Massey moved, seconded by Mayor Pro Tem Jackson to introduce and waive first reading of Ordinance adopting a Military Use Equipment Policy pursuant to Assembly Bill 481 (“AB 481”). 37
AYES: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell and Massey
NOES: None
ABSENT: Councilmember Armato
Motion carries, 4-0-1.
(Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 26, 2022 Municipal Matter item b) c. VACANCIES-CIVIL SERVICE BOARD UPCOMING EXPIRATION OF TERM The following people provided public comment:
1. Matt McCool
MOTION: Councilmember Campbell moved, seconded by Mayor Pro Tem Jackson to direct staff to immediately advertise and request applications from interested parties for one Civil Service Board Member for a four-year term ending July 15, 2026.
AYES: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell and Massey
NOES: None
ABSENT: Councilmember Armato
Motion carries: 4-0-1.
(Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 26, 2022 Municipal Matter item c) XIV. FUTURE AGENDA ITEMS
a. TENTATIVE FUTURE AGENDA ITEMS
Council received and filed as there were no changes to the tentative agenda item.
ADJOURNMENT
Mayor Detoy adjourned the meeting at 8:53 p.m. to the Study Session on Monday, May 9, 2022 at 6:00 p.m. for a study session on the cannabis initiative. (Complete audio and video are available upon request at the City Clerk’s office or can be accessed by clicking the following link: April 16, 2022 Meeting Adjournment). 38
Myra Maravilla, City Clerk
39 City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0274
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
CHECK REGISTERS
(Finance Director Viki Copeland)
Recommended Action:
Staff recommends City Council ratify the following check registers.
Attachments:
1. Check Register 4/13/2022
2. Check Register 4/20/2022
Respectfully Submitted by: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 1 of 1 Printed on 5/6/2022
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04/13/2022
Check Register
CITY OF HERMOSA BEACH
1 5:12:14PM
Page:
Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
99481 4/13/2022 00321 AT&T 960 461-1985 555 7 PD COMPUTER CIRCUITS/APR22 001-2101-4304 239.57
00321 Total : 239.57
99482 4/13/2022 16660 ATHENS SERVICES 12017538 STREET SWEEPING/MAR22 001-3104-4201 16,844.52
001-3301-4201 11,225.47
001-3304-4201 1,546.74
001-6101-4201 1,649.27
12017538A STEAM CLEANING SVS/MAR22
001-3301-4201 5,065.43
001-3304-4201 1,427.64
12017538B SCRUBBER SVS/MAR22
001-3301-4201 4,779.66
001-3304-4201 764.74
16660 Total : 43,303.47
99483 4/13/2022 16660 ATHENS SERVICES 12064549 PD SHREDDING/APR22 001-2101-4309 45.39
16660 Total : 45.39
99484 4/13/2022 00163 BRAUN LINEN SERVICE 1754777 MAT REQ 583905/PRISONER LAUNDRY 001-2101-4306 68.23
1756562 MAT REQ 583908/PRISONER LAUNDRY
001-2101-4306 84.13
1758387 MAT REQ 583910/PRISONER LAUNDRY
001-2101-4306 42.60
1760145 MAT REQ 583913/PRISONER LAUNDRY
001-2101-4306 42.60
00163 Total : 237.56
99485 4/13/2022 21720 CAPITAL WHOLESALE LIGHTING 451571 MAT REQ#638841/ELECTRICAL MAINT SUPPLIES 105-2601-4309 361.62
21720 Total : 361.62
99486 4/13/2022 09632 CDWG T928505 FY 2122 PC REFRESH ROUND 2 715-1206-5401 10,273.00
715-1206-5401 959.88
Attachment 141
04/13/2022
Check Register
CITY OF HERMOSA BEACH
2 5:12:14PM
Page:
Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
99486 4/13/2022 09632 CDWG (Continued) Total : 11,232.88 99487 4/13/2022 09694 CLEAN ENERGY CE12482939 COMPRESSED NATURAL GAS/MAR22 715-3109-4310 46.72
09694 Total : 46.72
99488 4/13/2022 22524 CLEAN POWER ALLIANCE COHB-0222 CLEAN POWER ALLIANCE FEASIBILITY STUDY 001-1201-4251 10,000.00
22524 Total : 10,000.00
99489 4/13/2022 00045 COASTLINE EQUIPMENT COMPANY 898452 SEAT BELT FOR JOHN DEERE 715-3104-4311 367.92
00045 Total : 367.92
99490 4/13/2022 21871 COLANTUONO, HIGHSMITH & 51388 LEGAL SERVICES/UUT LAWSUIT/MAR22 705-1133-4201 382.14
21871 Total : 382.14
99491 4/13/2022 20627 COMMERCIAL BUILDING MANAGEMENT 68778 JANITORIAL SVS/COVID PORTER/MAR22 001-4204-4201 6,861.00
157-2702-4201 4,296.44
20627 Total : 11,157.44
99492 4/13/2022 20398 CONTINENTAL MAPPING SERVICE 040622 PUBLIC NOTICE SERVICES APR22 001-4101-4201 1,000.00
20398 Total : 1,000.00
99493 4/13/2022 00364 DEPARTMENT OF JUSTICE 570989 MAT REQ 973985/FINGERPRINTING/MAR22 001-1203-4251 260.00
00364 Total : 260.00
99494 4/13/2022 11449 DEWEY PEST CONTROL Account 1233239 SEWER RAT ABATEMENT/APR22 160-3102-4201 278.00
Account 759408 PEST CONTROL/APR22
001-4204-4201 849.00
11449 Total : 1,127.00
99495 4/13/2022 18263 DIV OF THE STATE ARCHITECT PO 37442 1ST QUARTER CASP FEE PAYMENT 001-6851 317.20
42 04/13/2022
Check Register
CITY OF HERMOSA BEACH
3 5:12:14PM
Page:
Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
99495 4/13/2022 18263 DIV OF THE STATE ARCHITECT (Continued) Total : 317.20 99496 4/13/2022 19358 DOVE, GUY PO 37462 PER DIEM FORCE INSTRUCTOR SCHOOL 001-2101-4312 225.00
19358 Total : 225.00
99497 4/13/2022 00181 EASY READER ER22041401 1/2 PG AD-SURFERS WALK OF FAME 001-4601-4302 650.00
ER22041402 1 PG AD-SURFERS WALK OF FAME
001-4601-4302 1,300.00
00181 Total : 1,950.00
99498 4/13/2022 21217 FJR PACIFIC, INC. 25143 AC REPAIR IN SHOOTING RANGE 715-4204-4201 2,310.00
21217 Total : 2,310.00
99499 4/13/2022 19884 FRONTIER 310-318-0113-1203155 EOC ANALOG LINES/APR22 715-1206-4304 1,239.42
19884 Total : 1,239.42
99500 4/13/2022 19884 FRONTIER 310-372-6373-0311045 PERSONNEL FAX LINE/APR22 001-1203-4304 51.06
19884 Total : 51.06
99501 4/13/2022 19884 FRONTIER 310-318-8751-0128095 CASHIER TAP LINES/APR22 001-1204-4304 47.55
19884 Total : 47.55
99502 4/13/2022 21346 GATES, GEORGE H Parcel 4188 012 089 STREET LIGHT PROPERTY TAX REBATE FY21 105-3105 24.61
21346 Total : 24.61
99503 4/13/2022 21597 GROH, MARK LEE HB-025 CITATION HEARING SVS APR22 001-1204-4201 240.00
21597 Total : 240.00
99504 4/13/2022 22580 HUBLER, SKYLER Permit 23-02252-GP PARKING PERMIT REFUND 001-3843 40.00
22580 Total : 40.00
43 04/13/2022
Check Register
CITY OF HERMOSA BEACH
4 5:12:14PM
Page:
Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
99505 4/13/2022 22222 IK CONSULTING, LLC IK-HB0322 ACCELA CONSULTING SVS/MAR 22 715-4201-4201 543.75
22222 Total : 543.75
99506 4/13/2022 13840 JOHN M CRUIKSHANK, INC. 000017316 MUNI PIER ASSESSMENT SVS/MAR22 191-8629-4201 9,477.00
13840 Total : 9,477.00
99507 4/13/2022 19487 M6 CONSULTING INC 1895 PLAN CHECKS/SKECHERS/NOV21 001-2148 1,609.76
1934 PLAN CHECKS/DEC 21
001-4202-4201 495.00
1994 PLAN CHECKS/JAN 22
001-4202-4201 4,235.00
2029 PLAN CHECKS/FEB 22
001-4202-4201 6,100.00
2030 PLAN CHECKS/SKECHERS/FEB22
001-2148 775.00
19487 Total : 13,214.76
99508 4/13/2022 22437 MATEKO, KURT PO 37465 PER DIEM FORCE INSTRUCTOR SCHOOL 001-2101-4312 225.00
22437 Total : 225.00
99509 4/13/2022 20720 MCMURROUGH, JENNIFER PO 37448 SCHOOL REIMBURSEMENT 001-4202-4317 55.00
20720 Total : 55.00
99510 4/13/2022 18071 MERCHANTS LANDSCAPE SERVICES 59624 CITYWIDE LANDSCAPING SVS MAR22 001-6101-4201 21,200.00
59625 MEDIANS/PARKWAY SVS MAR22
105-2601-4201 3,600.00
59689 MULCH FOR COMMUNITY CENTER
125-8548-4201 3,900.00
18071 Total : 28,700.00
99511 4/13/2022 13183 MILLER, CLAIRE B Parcel 4184 023 007 STREET LIGHT & SEWER TAX REBATE FY21 001-6871 126.60
105-3105 24.61
44 04/13/2022
Check Register
CITY OF HERMOSA BEACH
5 5:12:14PM
Page:
Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
99511 4/13/2022 13183 MILLER, CLAIRE B (Continued) Total : 151.21 99512 4/13/2022 11539 NETRIX LLC 767796-16 IT SUPPORT SERVICES/APR22 715-1206-4201 16,096.21
11539 Total : 16,096.21
99513 4/13/2022 13114 OFFICE DEPOT 235111168001 MAT REQ 987426/OFFICE SUPPLIES 001-4601-4305 78.51
13114 Total : 78.51
99514 4/13/2022 21596 ONWARD ENGINEERING 6279 INSPECTION SVS/SKECHERS TUNNEL/MAR22 001-2148 12,650.00
21596 Total : 12,650.00
99515 4/13/2022 14693 PARS 50302 ALT RETIREMENT PLAN ADMIN FEES/FEB22 001-1101-4185 6.76
001-1204-4185 0.63
001-3302-4185 3.13
001-4204-4185 5.86
001-4101-4185 6.54
001-4201-4185 6.54
001-4601-4185 104.90
14693 Total : 134.36
99516 4/13/2022 11926 PEYTON CRAMER FORD 518235 MAT REQ#768661/SUPPLIES&LABOR/REPAIR 715-2101-4311 691.25
11926 Total : 691.25
99517 4/13/2022 18411 PLATA, YUNUEN TR#906 PER DIEM FOR TR#906 001-2101-4313 450.00
18411 Total : 450.00
99518 4/13/2022 22538 R3 CONSULTING GROUP 117194 SOLID WASTE MARKET/SVS ANALYSIS MAR22 001-2149 5,997.50
22538 Total : 5,997.50
99519 4/13/2022 13255 RED SECURITY GROUP, LLC 75447 MAT REQ#768952/DUPLICATE RESTROOM KEYS 001-3104-4309 20.80
13255 Total : 20.80
45 04/13/2022
Check Register
CITY OF HERMOSA BEACH
6 5:12:14PM
Page:
Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
99520 4/13/2022 21300 RODRIGUEZ, NATALIA PO 37432 PER DIEM - RODRIGUEZ 001-2101-4313 15.00
21300 Total : 15.00
99521 4/13/2022 20921 ROSCOE, KIMBERLY ANN PO 37433 INSTRUCTOR PAYMENT CLASS NO. 9746 001-4601-4221 1,541.27
20921 Total : 1,541.27
99522 4/13/2022 22582 ROWE, JOANNE Voucher 2003202.003 REFUND-CANCELLED THEATRE RENTAL 001-2111 500.00
22582 Total : 500.00
99523 4/13/2022 00170 SOCAL GAS 170-781-3287 9 YARD CNG STATION/AUG 21 715-3104-4310 71.02
715-4204-4310 71.02
715-6101-4310 71.03
170-781-3287 9 YARD CNG STATION/SEPT 21
715-3104-4310 42.66
715-4204-4310 42.66
715-6101-4310 42.66
170-781-3287 9 YARD CNG STATION/OCT 21
715-3104-4310 52.39
715-4204-4310 52.39
715-6101-4310 52.40
170-781-3287 9 YARD CNG STATION/NOV 21
715-3104-4310 54.38
715-4204-4310 54.38
715-6101-4310 54.38
170-781-3287 9 YARD CNG STATION/MAR 22
715-3104-4310 102.44
715-4204-4310 102.44
715-6101-4310 102.43
8/26/21-Dup Pymt DUPLICATE PAYMENT
001-4204-4303 -196.48
9/30/21-Dup Pymt DUPLICATE PAYMENT
001-4204-4303 -204.84
00170 Total : 567.36
99524 4/13/2022 00170 SOCAL GAS 011 004 5767 8 YARD/BLDGS/NAT GAS/JULY 21 46 04/13/2022
Check Register
CITY OF HERMOSA BEACH
7 5:12:14PM
Page:
Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
99524 4/13/2022 00170 SOCAL GAS (Continued)
001-4204-4303 21.67
00170 Total : 21.67
99525 4/13/2022 00159 SOUTHERN CALIFORNIA EDISON CO 700057262780 ELECTRICITY/3.8.22-4.5.22 105-2601-4303 68.74
700156101336 ELECTRICITY/MAR22
001-4204-4303 11,261.13
001-6101-4303 323.75
700222378305 ELECTRICITY/MAR 22
001-6101-4303 2,084.70
700234897163 ELECTRICITY/3.8.22-4.5.22
001-3304-4303 2,638.70
700296306651 ELECTRICITY 2/28/22-3/28/22
105-2601-4303 18.26
700304673105 ELECTRICITY/3.8.22-4.5.22
160-3102-4201 35.52
700338055956 ELECTRICITY/3.9.22-4.6.22
001-4204-4303 1,183.72
700371314327 ELECTRICITY/3.10.22-4.7.22
105-2601-4303 134.86
700382668983 ELECTRICITY 2/28/22-3/28/22
001-3104-4303 730.72
105-2601-4303 2,912.86
001-4204-4303 1,568.47
00159 Total : 22,961.43
99526 4/13/2022 18821 SPCALA 2022-0331 ANIMAL SHELTER SVS/MAR22 001-3302-4201 875.00
18821 Total : 875.00
99527 4/13/2022 14019 SUNSTATE EQUIPMENT CO LLC 10692873-001 BOOM LIFT FOR CLARK FIELD 105-2601-4201 2,671.99
14019 Total : 2,671.99
99528 4/13/2022 21075 THAYER'S DIST. & ELECTRICAL 7730 BARD STREET GATE REPAIR 715-4204-4201 1,600.00
21075 Total : 1,600.00
47 04/13/2022
Check Register
CITY OF HERMOSA BEACH
8 5:12:14PM
Page:
Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
99529 4/13/2022 13270 THE BANK OF NEW YORK MELLON 252-2461322 INVESTMENT SAFEKEEPING JAN-MAR22 001-1141-4201 875.00
13270 Total : 875.00
99530 4/13/2022 16735 TORRANCE AUTO PARTS 305543 MAT REQ 768668 AUTO REPAIR/MAINT PARTS 715-4206-4309 93.27
16735 Total : 93.27
99531 4/13/2022 20198 TRANBARGER, KELLY PO 37434 PER DIEM-TRAINING 4/18-4/19/22 001-2101-4313 75.00
20198 Total : 75.00
99532 4/13/2022 08207 UNDERGROUND SERVICE ALERT 320220317 UNDERGROUND SERVICE ALERT/MAR22 160-3102-4201 142.00
08207 Total : 142.00
99533 4/13/2022 14528 UNION BANK OF CALIFORNIA, PARS #6746019200 PO 37008 PARS/OPEB CONTRIBUTIONS/APR22 001-1101-4190 54.00
001-1121-4190 560.00
001-1201-4190 2,224.00
001-1202-4190 1,334.00
001-1203-4190 537.00
001-1204-4190 956.00
001-2101-4190 19,276.00
001-3104-4190 896.00
001-3301-4190 102.00
001-3302-4190 2,793.00
001-4101-4190 1,408.00
001-4201-4190 1,282.00
001-4202-4190 1,395.00
001-4204-4190 664.00
001-4601-4190 835.00
001-6101-4190 845.00
105-2601-4190 171.00
160-3102-4190 251.00
161-3109-4190 183.00
715-4206-4190 423.00
14528 Total : 36,189.00
48 04/13/2022
Check Register
CITY OF HERMOSA BEACH
9 5:12:14PM
Page:
Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
99534 4/13/2022 18753 UNITED SITE SERVICES 114-12421433 TOILET RENTAL/SOUTH PARK/SEPT 21 301-8669-4201 2,362.97
114-12421437 TOILET RENTAL/CLARK FIELD/SEPT 21
301-8669-4201 2,362.97
114-12520279 TOILET RENTAL/SOUTH PARK/OCT 21
301-8669-4201 1,772.66
114-12520282 TOILET RENTAL/CLARK FIELD/OCT 21
301-8669-4201 2,116.60
114-12616660 TOILET RENTAL/SOUTH PARK/NOV 21
301-8669-4201 1,772.66
114-12616661 TOILET RENTAL/CLARK FIELD/NOV 21
301-8669-4201 2,116.60
114-12701190 TOILET RENTAL/SOUTH PARK/DEC 21
301-8669-4201 1,772.66
114-12701191 TOILET RENTAL/CLARK FIELD/DEC 21
301-8669-4201 2,116.60
114-12788536 TOILET RENTAL/SOUTH PARK/JAN 22
301-8669-4201 1,772.66
114-12788537 TOILET RENTAL/CLARK FIELD/JAN 22
301-8669-4201 2,116.60
114-12871125 TOILET RENTAL/SOUTH PARK/FEB 22
301-8669-4201 1,910.66
114-12871127 TOILET RENTAL/CLARK FIELD/FEB 22
301-8669-4201 2,280.10
114-12948587 TOILET RENTAL/SOUTH PARK/MAR 22
301-8669-4201 1,910.66
114-12948588 TOILET RENTAL/CLARK FIELD/MAR 22
301-8669-4201 2,280.10
18753 Total : 28,664.50
99535 4/13/2022 19648 US BANK 1977913 REFUNDING BONDS INTEREST PMT FY22 201-1220-6701 155,100.00
19648 Total : 155,100.00
99536 4/13/2022 22581 VIVIANI, PHILIP Permit 23-08826-VP PARKING PERMIT REFUND 001-3843 40.00
22581 Total : 40.00
99537 4/13/2022 21393 ZUBER, BRENT PO 37466 PER DIEM BEHAVIOR ANALYSIS TRAINING 49 04/13/2022
Check Register
CITY OF HERMOSA BEACH
10 5:12:14PM
Page:
Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
99537 4/13/2022 21393 ZUBER, BRENT (Continued)
001-2101-4312 225.00
21393 Total : 225.00
99538 4/13/2022 01206 ZUMAR INDUSTRIES INC 95954 MAT REQ 638945/STREET SIGN MAINTENANCE 001-3104-4309 744.60
95955 MAT REQ 638946/STREET SIGN MAINTENANCE
001-3104-4309 929.83
01206 Total : 1,674.43
289340 4/6/2022 13838 PITNEY BOWES INC 4/13/22 Check run POSTAGE METER REFILL/APRIL 22 001-1208-4305 1,000.00
13838 Total : 1,000.00
397332 5/24/2021 00170 SOCAL GAS 097 904 5900 3 CITY-OWNED BLDGS GAS/4.8-5.6.21 001-4204-4303 95.83
00170 Total : 95.83
397361 5/24/2021 00170 SOCAL GAS 102 104 5900 3 CITY-OWNED BLDGS GAS/4.8-5.6.21 001-4204-4303 60.06
00170 Total : 60.06
397588 5/24/2021 00170 SOCAL GAS 139 104 4600 7 CITY-OWNED BLDGS GAS/4.8-5.6.21 001-4204-4303 14.30
00170 Total : 14.30
397609 5/24/2021 00170 SOCAL GAS 141 204 4600 1 CITY-OWNED BLDGS GAS/4.8-5.6.21 001-4204-4303 20.02
00170 Total : 20.02
439686 8/24/2021 00170 SOCAL GAS 097 904 5900 3 CITY-OWNED BLDGS GAS/7.8.21-8.6.21 001-4204-4303 86.50
00170 Total : 86.50
439726 8/24/2021 00170 SOCAL GAS 102 104 5900 3 CITY-OWNED BLDGS GAS/7.8-8.6.21 001-4204-4303 63.46
00170 Total : 63.46
439957 8/24/2021 00170 SOCAL GAS 139 104 4600 7 CITY-OWNED BLDGS GAS/7.8-8.6.21 001-4204-4303 14.30
50 04/13/2022
Check Register
CITY OF HERMOSA BEACH
11 5:12:14PM
Page:
Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
439957 8/24/2021 00170 SOCAL GAS (Continued) Total : 14.30 439980 8/24/2021 00170 SOCAL GAS 141 204 4600 1 CITY-OWNED BLDGS GAS/7.8-8.6.21 001-4204-4303 18.91
00170 Total : 18.91
67 Vouchers for bank code : boa Bank total : 429,897.20 67 Vouchers in this report Total vouchers : 429,897.20
"I hereby certify that the demands or claims covered by the checks listed on pages 1 to 11 inclusive, of the check
register for 4/13/2022 are accurate funds are available for payment, and are in conformance to the budget."
By
Finance Director
Date 4/13/22
51 04/20/2022
Check Register
CITY OF HERMOSA BEACH
1 5:45:03PM
Page:
Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
99539 4/20/2022 00138 ADAMSON INDUSTRIES INV368268 MAT REQ#838650/SHOOTING RANGE BEAN BAGS 001-2101-4201 248.27
00138 Total : 248.27
99540 4/20/2022 11437 ADMINISTRATIVE SERVICES CO OP 220119 TAXI VOUCHER PROGRAM CARDS/JAN22 145-3404-4201 1,580.82
145-3853 -64.00
220220 TAXI VOUCHER PROGRAM CARDS/FEB22
145-3404-4201 1,602.41
145-3853 -66.00
220316 TAXI VOUCHER PROGRAM CARDS/MAR22
145-3404-4201 1,840.76
145-3853 -81.00
11437 Total : 4,812.99
99541 4/20/2022 20685 AMERICAN GUARD SERVICES, INC. INV40726 CROSSING GUARD SERVICES/JAN22 146-2102-4201 23,612.36
20685 Total : 23,612.36
99542 4/20/2022 00262 CALIFORNIA MARKING DEVICE 6989 MAT REQ 583925/NAMEPLATES 001-2101-4305 48.18
00262 Total : 48.18
99543 4/20/2022 09632 CDWG V602001 P.O.E. INJECTORS FOR CITY YARD 715-1206-5401 170.45
715-1206-5401 15.01
V805828 DOCUMENT SCANNER
001-1121-4305 969.99
001-1121-4305 90.25
V808876 MAT REQ#638669/PRINTER TONER
001-1121-4305 998.66
09632 Total : 2,244.36
99544 4/20/2022 05970 COLLINS, DENNIS L. PO 37471 INSTRUCTOR PAYMENT/CLASSES THRU 4/24/22 001-4601-4221 4,620.00
05970 Total : 4,620.00
99545 4/20/2022 01962 FEDERAL EXPRESS CORP 7-725-50621 MAT REQ 973987/SHIPPING FEES Attachment 252
04/20/2022
Check Register
CITY OF HERMOSA BEACH
2 5:45:03PM
Page:
Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
99545 4/20/2022 01962 FEDERAL EXPRESS CORP (Continued)
001-1203-4201 41.30
01962 Total : 41.30
99546 4/20/2022 06293 FEDEX OFFICE 1016105532157102 MAT REQ#768502/PRINTING SERVICES 001-1101-4305 1.28
1016498500323974 MAT REQ#768502/PRINTING SERVICES
001-1101-4305 1.28
1016553147155583 MAT REQ#768502/PRINTING SERVICES
001-1101-4305 14.10
1016592269316164 MAT REQ#768502/PRINTING SERVICES
001-1101-4305 7.05
06293 Total : 23.71
99547 4/20/2022 21539 FEHR & PEERS 154062 TRAFFIC COUNTS/JAN-MAR 2022 001-3104-4201 1,996.13
21539 Total : 1,996.13
99548 4/20/2022 08599 FOREL, DENNIS Voucher#2003203.003 REFUND-THEATRE RENTAL DEPOSIT 001-2111 500.00
08599 Total : 500.00
99549 4/20/2022 19884 FRONTIER 209-190-0013-1206175 PD COMPUTER CIRCUITS/APR22 001-2101-4304 892.81
19884 Total : 892.81
99550 4/20/2022 19884 FRONTIER 310-318-9210-0827185 PD JAIL BREATHALYZER/APR22 001-2101-4304 79.02
19884 Total : 79.02
99551 4/20/2022 22096 GALLATIN INVESTIGATIONS 2022-0002 BACKGROUND CHECK/UNDERWOOD 001-2101-4201 315.00
22096 Total : 315.00
99552 4/20/2022 22578 HERNANDEZ, ALEXANDRA Citation 31029304 CITATION REFUND - DISMISSED 001-3302 53.00
22578 Total : 53.00
99553 4/20/2022 22576 IZARRARAS, ALEJANDRO Citation 35024642 CITATION REFUND - DISMISSED 001-3302 53.00
53 04/20/2022
Check Register
CITY OF HERMOSA BEACH
3 5:45:03PM
Page:
Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
99553 4/20/2022 22576 IZARRARAS, ALEJANDRO (Continued) Total : 53.00 99554 4/20/2022 00118 LA SUPERIOR COURT - TORRANCE PO 37473 CITATION PAYMENT SURCHARGES/MAR22 001-3302 45,950.00
00118 Total : 45,950.00
99555 4/20/2022 18274 MAGNUM VENTURE PARTNERS PO 37474 INSTRUCTOR PAYMENT CLASSES THRU 3/19/22 001-4601-4221 4,522.00
PO 37475 INSTRUCTOR PAYMENT CLASSES THRU 4/21/22
001-4601-4221 5,176.50
18274 Total : 9,698.50
99556 4/20/2022 22579 MAYNARD, TIMOTHY Citation 31029298 CITATION REFUND - DISMISSED 001-3302 53.00
22579 Total : 53.00
99557 4/20/2022 00289 MCA DIRECT LLC 2022089 ARCHIVAL PAPER 001-1121-4305 628.80
001-1121-4305 118.26
00289 Total : 747.06
99558 4/20/2022 20898 MCCORMICK AMBULANCE 266286 AMBULANCE TRANSPORT SVS/MAR22 001-1201-4201 29,250.00
20898 Total : 29,250.00
99559 4/20/2022 21660 MILLER PLANNING ASSOCIATES LLC 20007-0322-16 ZONING & SUBDIVISION ORDINANCES/MAR22 150-4105-4201 11,800.00
21660 Total : 11,800.00
99560 4/20/2022 13114 OFFICE DEPOT 236636221001 MAT REQ 583553/OFFICE SUPPLIES 001-4202-4305 53.85
236637482001 MAT REQ 583553/OFFICE SUPPLIES
001-4202-4305 10.72
238556140001 MAT REQ 583557/OFFICE SUPPLIES
001-4202-4305 73.17
13114 Total : 137.74
99561 4/20/2022 22071 PARKS COFFEE CALIFORNIA, INC. 70087399 PD COFFEE SERVICE/APR22 001-2101-4305 72.13
001-2101-4306 72.14
54 04/20/2022
Check Register
CITY OF HERMOSA BEACH
4 5:45:03PM
Page:
Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
99561 4/20/2022 22071 PARKS COFFEE CALIFORNIA, INC. (Continued) Total : 144.27 99562 4/20/2022 22577 PORTER, TRAVIS Citation 31029347 CITATION REFUND - DISMISSED 001-3302 53.00
22577 Total : 53.00
99563 4/20/2022 01911 PROVIDENCE MEDICAL GuarantorID600000285 MAT REQ#973986/PRE-EMPLOYMENT PHYSICALS 001-1203-4320 1,381.00
01911 Total : 1,381.00
99564 4/20/2022 22179 RACE COMMUNICATIONS RC655849 DEDICATED INTERNET SERVICE/APR22 715-1206-4201 1,020.00
22179 Total : 1,020.00
99565 4/20/2022 20921 ROSCOE, KIMBERLY ANN PO 37451 INSTRUCTOR PAYMENT CLASS NO. 9745 001-4601-4221 945.00
20921 Total : 945.00
99566 4/20/2022 18595 SOUTH BAY SHELL AND CAR WASH JAN/FEB/MAR 2022 MAT REQ#583923 CAR WASHES/JAN-MAR22 715-2101-4311 396.00
715-3302-4311 72.00
18595 Total : 468.00
99567 4/20/2022 20236 SPECTRUM BUSINESS 8448 30 030 0352413 1301 HERMOSA/540 PIER CONNECT/APR22 001-2101-4304 268.08
20236 Total : 268.08
99568 4/20/2022 20236 SPECTRUM BUSINESS 8448 30 030 0049969 PD CABLE/APR22 001-2101-4201 77.07
20236 Total : 77.07
99569 4/20/2022 18036 SPORTS CAMP MANAGEMENT PO 37480 2022 SPRING BREAK CAMP 001-4601-4221 2,370.45
18036 Total : 2,370.45
99570 4/20/2022 10098 SPRINT 551834312-244 COMM RES/CELL PHONES/MAR22 001-4601-4304 157.10
10098 Total : 157.10
99571 4/20/2022 22586 STAFFORD HR CONSULTING, LLC 06-001 HR CONSULTANT SERVICES/MAR22 55 04/20/2022
Check Register
CITY OF HERMOSA BEACH
5 5:45:03PM
Page:
Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
99571 4/20/2022 22586 STAFFORD HR CONSULTING, LLC (Continued) 001-1203-4201 1,275.00
22586 Total : 1,275.00
99572 4/20/2022 16921 SUPER SOCCER STARS PO 37454 2022 SPRING BREAK CAMP 001-4601-4221 840.00
16921 Total : 840.00
99573 4/20/2022 22136 TILLMANN FORENSIC INVESTIGATIO 22-0210HB CASE EVALUATION/FINGERPRINT ANALYSIS 001-2101-4201 150.00
22136 Total : 150.00
99574 4/20/2022 13593 U-HAUL Citation 40017532 CITATION REFUND - OVERPAYMENT 001-3302 83.00
13593 Total : 83.00
4192022 4/18/2022 10668 EXXON MOBIL BUSINESS FLEET 80174657 VEHICLE FUEL 3/11/22-4/10/22 001-1250 126.13
715-4201-4310 3.13
715-3302-4310 1,282.29
715-2101-4310 7,291.32
715-4204-4310 404.30
715-4206-4310 329.82
715-6101-4310 694.61
715-3104-4310 1,116.17
10668 Total : 11,247.77
37 Vouchers for bank code : boa Bank total : 157,656.17 37 Vouchers in this report Total vouchers : 157,656.17
56 04/20/2022
Check Register
CITY OF HERMOSA BEACH
6 5:45:03PM
Page:
Bank code : boa
Voucher Date Vendor Invoice Description/Account Amount
"I hereby certify that the demands or claims covered by the checks listed on pages 1 to 6 inclusive, of the check
register for 4/20/2022 are accurate funds are available for payment, and are in conformance to the budget."
By
Finance Director
Date 4/20/22
57 City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0280
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
CANCELLATION OF CERTAIN CHECKS
(City Treasurer Karen Nowicki)
Recommended Action:
The City Treasurer recommends City Council ratify cancellation of certain checks.
Summary:
Please ratify the following request for cancellation of the check listed below:
Check #: 99593
Date Issued: 04/27/2022
Amount: $11,240.00
Payee: GLEOW LLC
Payment was made via
Electronic Funds Transfer
(EFT).
Respectfully Submitted by: Karen Nowicki, City Treasurer Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 1 of 1 Printed on 5/6/2022
powered by Legistar™ 58
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0287
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
ACTION MINUTES OF THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF APRIL 5, 2022
Recommended Action:
Staff recommends City Council receive and file the action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of April 5, 2022.
Attachments:
1. Action Minutes of the April 5, 2022 Parks, Recreation and Community Resources Advisory Commission Meeting
Respectfully Submitted by: Lisa Nichols, Community Resources Manager Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 1 of 1 Printed on 5/6/2022
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MINUTES
REGULAR MEETING of the PARKS, RECREATION AND COMMUNITY RESOURCES
ADVISORY COMMISSION
April 5, 2022 – Council Chambers, City Hall
1315 Valley Drive – 7:00 P.M.
Parks, Recreation and Community Resources Advisory Commission Barbara Ellman, Chairperson
Traci Horowitz, Vice Chairperson
Jani Lange
E. Thomas Moroney
Lauren Pizer Mains
************************************************************************************************************************ VIRTUAL MEETINGS ARE HELD PERSUANT TO AB361 BECAUSE STATE AND LOCAL OFFICIALS ARE
RECOMMENDING MEASURES TO PROMOTE SOCIAL DISTANCING
************************************************************************************************************************ I. Call to Order
II. Pledge of Allegiance
III. Roll Call
Present: Vice Chairperson Horowitz, Commissioner Lange, Commissioner Moroney, Commissioner Pizer Mains, Recreation Coordinator Nick Shattuck, and Community Resources Manager Lisa Nichols
Absent: Chairperson Ellman
IV. Announcements – Upcoming City Events
V. Presentations
a. Hearts of Hermosa Pre-Event Presentation
Coming forward to address the Commission at this time: (11:07) Lisa Vargas Gardner, Hermosa Beach Education Foundation Representative VI. Community Resources Manager Report
a. Updates Regarding City Council Items Previously on the Parks, Recreation and Community Resources Advisory Commission’s Agenda
VII. Public Participation – Oral and Written Communications from the Public: This is the time for members of the public to address the Commission on any items within the Commission's jurisdiction not on this agenda, on items on this agenda as to which public comment will not be taken (Announcements, Community Resources Manager Report, Consent Calendar items that are not pulled for separate consideration and Future Agenda Items), on written communications, and to request the removal of an item from the consent calendar. Public comments on the agenda items called Announcements, Community Resources Manager Report, Consent Calendar items that are not pulled for separate consideration and Future Agenda Items will only be heard at this time. Further, comments on public hearing items are heard only during the public hearing. Members of the audience may also speak during discussion of items removed from the Consent Calendar for separate consideration; during Public Hearings; and, during discussion of items appearing under Matters for Commission Consideration. All comments from the public under this agenda item are limited to three minutes per speaker, but this time allotment may be 60 reduced due to time constraints. The Commission acknowledges receipt of the written communications listed below. No action will be taken on matters raised in oral and written communications, except that the Commission may take action to schedule issues raised in oral and written communications for a future agenda. Speakers with comments regarding City management or departmental operations are encouraged to submit those comments directly to the City Manager.
Coming forward to address the Commission at this time: (18:05) Tony Higgins, Hermosa Beach Resident
a. Written Communication from Tony Higgins (Submitted on 4-5-2022 at 10:50am) VIII. Commissioner Comments: Commissioners may briefly respond to public comments, may ask a question for clarification or make a brief announcement or report on his or her own liaison or subcommittee roles, activities or meetings attended.
IX. Consent Calendar
a. February, 2022 Activity Report
b. Action Minutes of the Regular Meeting of March 1, 2022 Motion by Commissioner Moroney to approve items a. February, 2022 Activity Report and b. Action Minutes of the Regular Meeting of March 1, 2022 with correction to the motion for the Consent Calendar from “Motion passed with a 5-1 vote” to “Motion passed with a 4-1 vote.” Commissioner Lange seconded the motion. Motion passed with a 4-0 vote.
X. Items Removed from the Consent Calendar for Separate Discussion XI. Public Hearings
a. None
XII. Matters for Commission Consideration
a. Fee Waiver Grant Requests
Coming forward to address the Commission at this time: (35:01) Carolina Garbato, USA Volleyball Representative
Becky Scholten, Hermosa View Vista Valley Parent Teacher Organization Representative Motion by Commissioner Lange to not approve the 2022 Fee Waiver Grant request from the Alzheimer’s Association for its Walk to End Alzheimer’s in the amount of $2,500. Commissioner Moroney seconded the motion. Motion passed with a 3-1 vote.
Motion by Commissioner Pizer Mains to approve the 2022 Fee Waiver Grant request from Claire’s Place Foundation, Inc. for its Glow Ride for Cystic Fibrosis in the amount of $927.50. Commissioner Lange seconded the motion. Motion passed with a 4-0 vote.
Motion by Commissioner Lange to approve the 2022 Fee Waiver Grant request from Hermosa View Vista Valley Parent Teacher Organization for its Dolphin Dash in the amount of $1,740. Commissioner Moroney seconded the motion. Motion passed with a 4-0 vote.
Motion by Commissioner Pizer Mains to approve the 2022 Fee Waiver Grant request from Indivisible Arts for its State of the Art in the amount of $300. Commissioner Lange seconded the motion. Motion passed with a 4-0 vote.
Motion by Commissioner Lange to approve the 2022 Fee Waiver Grant request from Our Lady of Guadalupe Church for its Easter Sunrise Mass in the amount of $1,740. Commissioner Moroney seconded the motion. Motion passed with a 4-0 vote.
Motion by Commissioner Lange to not to approve the 2022 Fee Waiver Grant request from the Skechers Foundation for its Pier to Pier Friendship walk in the amount of $2,500. Commissioner Pizer Mains seconded the motion. Motion failed with a 2-2 vote.
61 Motion by Vice-Chair Horowitz to continue consideration of the 2022 Fee Waiver Grant request from the Skechers Foundation for its Pier to Pier Friendship Walk in the amount of $2,500 to the next scheduled Parks, Recreation and Community Resources Advisory Commission meeting. Commissioner Lange seconded the motion. Motion passed with a 4-0 vote.
Motion by Commissioner Lange to approve the 2022 Fee Waiver Grant request from USA Volleyball for its U19 World Championship Trials and World University Championship Trials in the amount of $589. Vice-Chair Horowitz seconded the motion. Motion failed with a 2-2 vote.
Motion by Vice-Chair Horowitz to continue consideration of the 2022 Fee Waiver Grant request from USA Volleyball for its U19 World Championship Trials and World University Championship Trials in the amount of $589 to the next scheduled Parks, Recreation and Community Resources Advisory Commission meeting. Commissioner Lange seconded the motion. Motion passed with a 4-0 vote.
b. Fiscal Year 2022/2023 Capital Improvement Project (CIP) Review Motion by Vice-Chair Horowitz to provide the Parks, Recreation and Community Resources Advisory Commission’s input to City Council on Capital Improvement Projects (CIP) related to the purview of the Commission and the Community Resources Department for the City Council’s consideration of the 2022/2023 Fiscal Budget. Commissioner Pizer Mains seconded the motion. Motion passed with a 4-0 vote.
XIII. Future Agenda Items - Requests from Commissioners for possible future agenda items. No discussion or debate of these requests shall be undertaken; the sole action is whether to schedule the item for consideration on a future agenda. No public comment will be taken. Commissioners should consider the city's work plan when considering new items.
a. None
XIV. Adjournment
This meeting was adjourned to the regular Tuesday, May 3, 2022, meeting by Vice-Chair Horowitz at 8:26pm. 62 City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0222
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
LOS ANGELES COUNTY FIRE AND AMBULANCE MONTHLY
REPORT FOR MARCH 2022
(Emergency Management Coordinator Brandy Villanueva)
Recommended Action:
Staff recommends City Council receive and file the March 2022 Fire and Ambulance monthly report.
Executive Summary:
City departments generate monthly reports to provide a snapshot of activities performed each month.
Prior to the transition of fire and ambulance transport services to the County of Los Angeles, the Hermosa Beach Fire Department developed monthly response reports. After the transition, the monthly report was updated to include Los Angeles County Fire Department (LACoFD) and McCormick Ambulance information and continues to be uploaded to the website. The following report provides details regarding services provided for the month of March 2022.
Background:
At the February 11, 2020 Council meeting, City Council requested monthly reports be placed onto the City Council agenda under consent calendar. On the July 14, 2020 City Council agenda, the monthly reports began to appear. The enclosed report reflects the services for March 2022.
Past Board, Commission and Council Actions
Meeting Date Description
February 11, 2020
(Regular Meeting)
City Council requested monthly reports be placed onto the City Council agenda under consent calendar.
July 14, 2020 (Regular
Meeting)
Monthly reports began on City Council consent agenda.
Discussion:
The March 2022 monthly report provides an overview of services provided by LACoFD and McCormick Ambulance (Attachment 1: March 2022 LACoFD and McCormick Ambulance Monthly City of Hermosa Beach Page 1 of 4 Printed on 5/6/2022
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Staff Report
REPORT 22-0222
Report).
Los Angeles County Fire Department (LACoFD)
LACoFD and McCormick Ambulance work together to provide emergency medical services (EMS) to the Hermosa Beach community. LACoFD has two apparatus stationed at Station 100 including: one assessment engine (Engine 100) staffed with a Fire Captain, a Fire Engineer and a Firefighter Paramedic; and a paramedic squad (Squad 100) staffed with two Firefighter Paramedics. The paramedic squad (Squad 100) only responds to calls for service exclusively within the City of Hermosa Beach. It does not provide mutual aid, thereby remaining available for calls within Hermosa Beach.
Each of the LACoFD apparatus has the capability of providing basic emergency medical care known as Basic Life Support (BLS) to medical patients. In addition, the paramedic squad has advanced equipment including medications and responds from within the City to address Advanced Life Support (ALS) calls, such as a stroke or heart attack.
McCormick Ambulance is one of the emergency medical transport companies within Los Angeles County. LACoFD does not conduct patient transport; therefore, unincorporated areas are included in the fire department transport contracts with various providers. Contract cities are responsible for negotiating and contracting with a medical transport provider for their community. Within the South Bay, many of the cities have contracted with McCormick Ambulance to conduct emergency medical transportation including the City of Hermosa Beach.
When LACoFD is dispatched, McCormick Ambulance may also be dispatched as the City’s emergency medical transportation provider. LACoFD provides life-saving medical care on scene and continues ALS level care as the patient is transported to a local hospital. In the case of a BLS level call, monitoring and care are safely provided by one of the two Emergency Medical Technicians (EMTs) assigned to the responding ambulance.
LACoFD follows industry standards developed by the National Fire Protection Association (NFPA), which outlines call transfer times and total response times. The NFPA standard for call transfer time is that each call will be answered within 60 seconds 90 percent of the time. Additionally, responding units are to be enroute within 60 seconds to EMS related calls and 80 seconds for structure fire calls.
NFPA further stipulates that for EMS calls, responding units must arrive on scene within 8 minutes and 59 seconds 90 percent of the time.
The March 2022 call transfer report provided by LACoFD indicates that two calls had a transfer time longer than the NFPA standard. The calls were received during a period of increased call volume in the dispatch center.
Table 1 below provides the response details for the two incidents. .
Table 1:
Date Call
Type
Call
Transfer
Time
Length of
Transfer
LACoFD
Dispatch
Time
On
Scene
Time
Length of
Arrival
Total
Response
Time
March 19 ALS 22:14 6522:16 22:20 4 minutes 5 minutes 5
City of Hermosa Beach Page 2 of 4 Printed on 5/6/2022
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Staff Report
REPORT 22-0222
Date Call
Type
Call
Transfer
Time
Length of
Transfer
LACoFD
Dispatch
Time
On
Scene
Time
Length of
Arrival
Total
Response
Time
March 19 ALS 22:14 65
seconds
22:16 22:20 4 minutes 5 minutes 5
seconds
March 27 Vehicle
Fire
22:53 96
seconds
22:55 23:05 10
minutes
11 minutes 36
seconds
Table definitions
· Call Transfer Time: The time when the call was actually transferred from South Bay Regional Public Communications Authority also known as Regional Communications Center (RCC). · Length of Transfer: The length of time that it took from LACoFD dispatch center to answer the call from RCC.
· LACoFD Dispatch Time: The time in which appropriate fire apparatus were dispatched to the incident.
· On Scene Time: The time in which the dispatched units arrived at the incident location. · Length of Arrival: The time between when the unit was dispatched and arrived on scene. · Total Response Time: The total combined time between the call transfer time and the length of time arriving units on scene.
McCormick Ambulance
McCormick Ambulances are staffed by two EMT’s who can provide and transport BLS patients independently and, with the support of LACoFD paramedics riding in the ambulance, can also transport ALS patients.
In March 2022, McCormick Ambulance responded to 65 calls for services within the City of Hermosa Beach. The March 2022 report indicated that 12 calls resulted in delayed Code 3 responses, which is a slight increase in delayed calls from the February 2022 transport report. There were 5 delayed Code 2 responses in March 2022. A Code 3 response is one where the responding emergency units are driving with lights and sirens to a presumed life-threatening emergency, which is typically classified as an ALS call. According to the McCormick Ambulance contract, “response time must not exceed eight (8) minutes, fifty-nine (59) seconds” for a Code 3 incident. A Code 2 response is one where the responding emergency units are driving with lights and sirens to an emergency situation classified as a basic life support or BLS call.
Staff reviewed the March 2022 McCormick Ambulance monthly report. The following outlines the reasons for the delayed responses:
· Multiple Calls: (13) The dispatch center received multiple calls at the same time; · Distance: (3) Based on the location the ambulance begins the response to the City, it could impact the response time. The City contract does not have a unit permanently stationed within Hermosa Beach, therefore, the responding ambulance often begins the response outside of City of Hermosa Beach Page 3 of 4 Printed on 5/6/2022
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Staff Report
REPORT 22-0222
Hermosa Beach, therefore, the responding ambulance often begins the response outside of the City; and
· Crew Error: (1) The crew responded to the wrong address.
McCormick Ambulance demonstrates a continuous effort to detect and correct service level performance deficiencies by identifying the reason for delayed response times, issuance of personnel performance notices when mandatory response requirements are not met, and the release of personnel upon continued performance issues. McCormick Ambulance also provides training and continuing education to staff to improve skills and service delivery.
Although the emergency medical transport units were delayed in arriving on scene within the allowable timeframe for 17 calls in March 2022, patients were provided timely life-saving emergency medical care on scene by Los Angeles County Fire Department paramedics. When LACoFD arrives on scene, it takes paramedics 5 to 10 minutes to conduct the required treatment protocols prior to commencing transport with McCormick Ambulance. During the patient treatment phase, the requested ambulance is typically on scene waiting for the paramedics to complete their treatment protocols even if the ambulance response is delayed. Los Angeles County Fire Department and McCormick Ambulance are committed to providing excellent emergency medical care, customer service, and response to the residents and visitors of Hermosa Beach.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Safety Element
Goal 5. High quality police and fire protection services provided to residents and visitors.
Policy:
· 5.2 High level of response. Achieve optimal utilization of allocated public safety resources and provide desired levels of response, staffing, and protection within the community.
Fiscal Impact:
Fire and ambulance services are contracted and accounted for during the annual budget process.
Attachments:
1. Fire and Ambulance Monthly Report-March 2022
Respectfully Submitted by: Brandy Villanueva, Emergency Management Coordinator Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 4 of 4 Printed on 5/6/2022
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E100 S100 Total
FIRE, EXPLOSION
130 ‐ Mobile property (vehicle) fire, other 1 1 2 0.82% FIRE, EXPLOSION Total 1 1 2 0.82% RESCUE, EMS
300 ‐ Rescue, emergency medical call (EMS) call, other 7 6 13 5.35% 311 ‐ Medical assist, assist EMS crew 3 2 5 2.06% 320 ‐ Emergency medical service, other 1 1 2 0.82% 321 ‐ EMS call, excluding vehicle accident with injury 74 65 139 57.20% 322 ‐ Vehicle accident with injuries 1 1 2 0.82% RESCUE, EMS Total 86 75 161 66.26% HAZARDOUS CONDITION
413 ‐ Oil or other combustible liquid spill 1 1 0.41% 440 ‐ Electrical wiring/equipment problem, other 3 3 1.23% 444 ‐ Power line down 1 1 0.41%
445 ‐ Arcing, shorted electrical equipment 1 1 0.41% HAZARDOUS CONDITION Total 6 6 2.47%
SERVICE CALL
522 ‐ Water or steam leak 1 1 0.41%
550 ‐ Public service assistance, other 1 1 0.41% 555 ‐ Defective elevator, no occupants 1 1 0.41% SERVICE CALL Total 3 3 1.23%
GOOD INTENT CALL
600 ‐ Good intent call, other 8 4 12 4.94% 611 ‐ Dispatched & cancelled enroute 21 5 26 10.70% GOOD INTENT CALL Total 29 9 38 15.64% FALSE ALARM, FALSE CALL
710 ‐ Malicious, mischievous false call, other 1 1 0.41% 730 ‐ System malfunction, other 1 1 0.41% 733 ‐ Smoke detector activation due to malfunction 1 1 0.41% 735 ‐ Alarm system sounded due to malfunction 2 2 0.82% 744 ‐ Detector activation, no fire ‐ unintentional 1 1 0.41% 745 ‐ Alarm system sounded, no fire ‐ unintentional 1 1 0.41% FALSE ALARM, FALSE CALL Total 7 7 2.88%
SPECIAL OR OTHER INCIDENT TYPE
900 ‐ Special type of incident, other 18 4 22 9.05% 911 ‐ Citizen complaint 3 1 4 1.65% SPECIAL OR OTHER INCIDENT TYPE Total 21 5 26 10.70% Grand Total 153 90 243 100.00% Note:
Data based on updated fireview ‐ apparatus 2022 data. Hermosa Beach units responses.
LOS ANGELES COUNTY FIRE DEPARTMENT
HERMOSA BEACH
FOR THE MONTH OF MARCH 2022
Incident Type UNIT RESPONSESPercentage
Submitted by Brandy Villanueva, Emergency Management Coordinator 1 67 DAY OF THE WEEK E100 S100 Total
Sunday 18 16 34
Monday 21 12 33
Tuesday 25 13 38
Wednesday 21 6 27
Thursday 25 15 40
Friday 20 12 32
Saturday 23 16 39
Grand Total 153 90 243
Note:
Data based on updated fireview ‐ apparatus 2022 data. Hermosa Beach units responses.
LOS ANGELES COUNTY FIRE DEPARTMENT
HERMOSA BEACH
FOR THE MONTH OF MARCH 2022
UNIT RESPONSES
0 5
10 15
20 25
30 E100
S100
Submitted by Brandy Villanueva, Emergency Management Coordinator 2 68 TIME OF THE DAY E100 S100 Total
00:00:00 TO 00:59:59 9 7 16 01:00:00 TO 01:59:59 2 2 4 02:00:00 TO 02:59:59 3 1 4 03:00:00 TO 03:59:59 2 1 3 04:00:00 TO 04:59:59 2 2
05:00:00 TO 05:59:59 3 2 5 06:00:00 TO 06:59:59 1 1 2 07:00:00 TO 07:59:59 6 2 8 08:00:00 TO 08:59:59 4 4 8 09:00:00 TO 09:59:59 5 1 6 10:00:00 TO 10:59:59 7 5 12 11:00:00 TO 11:59:59 13 6 19 12:00:00 TO 12:59:59 7 5 12 13:00:00 TO 13:59:59 8 4 12 14:00:00 TO 14:59:59 8 4 12 15:00:00 TO 15:59:59 12 8 20 16:00:00 TO 16:59:59 6 6 12 17:00:00 TO 17:59:59 7 5 12 18:00:00 TO 18:59:59 5 1 6 19:00:00 TO 19:59:59 12 6 18 20:00:00 TO 20:59:59 6 4 10 21:00:00 TO 21:59:59 9 6 15 22:00:00 TO 22:59:59 10 6 16 23:00:00 TO 23:59:59 6 3 9 Grand Total 153 90 243
Note:
Data based on updated fireview ‐ apparatus 2022 data. Hermosa Beach units responses.
LOS ANGELES COUNTY FIRE DEPARTMENT
HERMOSA BEACH
FOR THE MONTH OF MARCH 2022
UNIT RESPONSES
‐
2 4
6 8
10 12
14 00:00:00 TO 00:59:5901:00:00 TO 01:59:5902:00:00 TO 02:59:5903:00:00 TO 03:59:5904:00:00 TO 04:59:5905:00:00 TO 05:59:5906:00:00 TO 06:59:5907:00:00 TO 07:59:5908:00:00 TO 08:59:5909:00:00 TO 09:59:5910:00:00 TO 10:59:5911:00:00 TO 11:59:5912:00:00 TO 12:59:5913:00:00 TO 13:59:5914:00:00 TO 14:59:5915:00:00 TO 15:59:5916:00:00 TO 16:59:5917:00:00 TO 17:59:5918:00:00 TO 18:59:5919:00:00 TO 19:59:5920:00:00 TO 20:59:5921:00:00 TO 21:59:5922:00:00 TO 22:59:5923:00:00 TO 23:59:59 E100
S100
Submitted by Brandy Villanueva, Emergency Management Coordinator 3 69 Ad Hoc Report:
Name:
Date:
Description:
Seizure Date Seizure Time ALI City Answer Secs Call Type ID ALI Class 3/2/2022 17:09:44 HERMOSA BEACH 8 911 Calls VOIP
3/3/2022 19:23:45 HMB 2 911 Calls WPH2
3/4/2022 15:37:39 HERMOSA BEACH 2 911 Calls VOIP
3/5/2022 14:53:23 HERMOSA BEACH 23 911 Calls WPH2
3/5/2022 14:57:07 HMB 3 911 Calls WPH2
3/6/2022 04:12:56 HMB 2 911 Calls WPH2
3/6/2022 12:19:44 HERM BCH 2 911 Calls WPH2
3/6/2022 16:23:46 HMB 2 911 Calls WPH2
3/6/2022 19:27:55 HERM BCH 2 911 Calls WPH2
3/7/2022 09:13:35 HERM BCH 2 911 Calls WPH2
3/7/2022 13:52:11 HERMOSA BEACH 2 911 Calls RESD
3/8/2022 08:42:27 HERMOSA BEACH 2 911 Calls RESD
3/8/2022 14:09:26 HMB 2 911 Calls WPH2
3/8/2022 19:42:23 HERMOSA BEACH 2 911 Calls WPH2
3/9/2022 10:38:53 HERMOSA BEACH 2 911 Calls WPH2
3/9/2022 15:46:39 HERM BCH 2 911 Calls WPH2
3/10/2022 12:53:07 HERM BCH 25 911 Calls WPH2
3/11/2022 00:18:34 HERM BCH 2 911 Calls WPH2
3/11/2022 12:18:07 HERM BCH 2 911 Calls W911
3/12/2022 00:33:56 HERM BCH 2 911 Calls WPH2
3/12/2022 07:12:35 HERMOSA BEACH 2 911 Calls VOIP
3/12/2022 10:36:39 HMB 21 911 Calls WPH2
3/13/2022 20:44:08 HERMOSA BEACH 2 911 Calls RESD
3/14/2022 12:05:45 HERMOSA BEACH 2 911 Calls RESD
3/14/2022 14:59:18 HERMOSA BEACH 2 911 Calls WPH2
3/14/2022 15:38:15 HERMOSA BEACH 2 911 Calls RESD
3/14/2022 21:26:38 HERM BCH 18 911 Calls WPH2
3/15/2022 10:04:19 HERMOSA BEACH 2 911 Calls VOIP
3/15/2022 10:44:11 HERM BCH 2 911 Calls WPH2
3/15/2022 11:43:03 HERMOSA BEACH 24 911 Calls VOIP
3/15/2022 15:16:33 HERMOSA BEACH 2 911 Calls VOIP
3/15/2022 19:04:51 HERMOSA BEACH 2 911 Calls RESD
3/16/2022 07:22:17 HERM BCH 2 911 Calls WPH2
3/16/2022 11:42:47 HERMOSA BEACH 2 911 Calls RESD
3/17/2022 15:22:40 HERM BCH 2 911 Calls WPH2
3/17/2022 19:19:21 HERMOSA BEACH 2 911 Calls VOIP
3/17/2022 21:07:31 HB 2 911 Calls WPH2
3/19/2022 00:52:05 HERM BCH 2 911 Calls WPH2
3/19/2022 11:48:35 HERMOSA BEACH 2 911 Calls RESD
Hermosa Call Answer Time
4/1/2022
Los Angeles County Fire
March 2022
Submitted by Brandy Villanueva, Emergency Management Coordinator 4 70 3/19/2022 22:14:25 HERM BCH 65 911 Calls WPH2
3/20/2022 11:37:55 HERMOSA BEACH 2 911 Calls VOIP
3/20/2022 19:59:34 HERMOSA BEACH 17 911 Calls VOIP
3/21/2022 05:09:03 HERMOSA BEACH 2 911 Calls VOIP
3/22/2022 06:56:55 HERMOSA BEACH 2 911 Calls RESD
3/23/2022 16:19:18 HERM BCH 2 911 Calls WPH2
3/23/2022 21:54:36 HERMOSA BEACH 2 911 Calls RESD
3/24/2022 11:02:05 HERMOSA BEACH 2 911 Calls WPH2
3/24/2022 22:21:26 HERM BCH 2 911 Calls WPH2
3/25/2022 12:26:41 HERMOSA BEACH 2 911 Calls WPH2
3/25/2022 14:09:30 HERMOSA BEACH 2 911 Calls WPH2
3/26/2022 01:03:03 HERM BCH 2 911 Calls WPH2
3/26/2022 01:03:25 HERM BCH 37 911 Calls WPH2
3/26/2022 01:03:38 HERM BCH 2 911 Calls WPH2
3/26/2022 08:15:35 HERM BCH 2 911 Calls WPH2
3/26/2022 19:42:55 HERM BCH 39 911 Calls WPH2
3/27/2022 10:21:19 HERMOSA BEACH 2 911 Calls VOIP
3/27/2022 13:05:25 HERMOSA BEACH 2 911 Calls VOIP
3/27/2022 20:07:20 HERMOSA BEACH 2 911 Calls WPH2
3/27/2022 22:53:51 HERM BCH 20 911 Calls WPH2
3/27/2022 22:53:53 HERM BCH 96 911 Calls WPH2
3/27/2022 22:54:21 HERM BCH 32 911 Calls WPH2
3/28/2022 13:37:29 HERMOSA BEACH 36 911 Calls WPH2
3/28/2022 16:03:03 HERM BCH 2 911 Calls WPH2
3/28/2022 18:23:52 HMB 1 911 Calls WPH2
3/29/2022 13:34:36 HERMOSA BEACH 2 911 Calls WPH2
3/29/2022 20:15:27 HMB 47 911 Calls WPH2
3/30/2022 17:27:34 HERMOSA BEACH 2 911 Calls CNTX
3/30/2022 22:07:18 HERM BCH 2 911 Calls WPH2
3/30/2022 23:35:41 HERMOSA BEACH 2 911 Calls RESD
3/31/2022 00:48:40 HERMOSA BEACH 3 911 Calls RESD
3/31/2022 07:23:44 HMB 2 911 Calls WPH2
Average Call Answer Time (seconds) 9
Submitted by Brandy Villanueva, Emergency Management Coordinator 5 71 McCormick Ambulance
March 2022
Total Number of Dispatched Calls
Dispatched Calls Totals
Transported 65
Cancelled 39
Grand Total 104
NOTE: None
65, 62%
39, 38%
Total Dispatched Calls
Transported
Cancelled
Submitted by Brandy Villanueva, Emergency Management Coordinator 6 72 Calls per the day of the week
Day of the Week Completed Cancelled Total
Sunday 9 8 17
Monday 11 3 14
Tuesday 8 8 16
Wednesday 7 3 10
Thursday 13 4 17
Friday 5 7 12
Saturday 12 6 18
Grand Total 65 39 104
0 2
4 6
8 10
12 14
Completed
Canceled
Submitted by Brandy Villanueva, Emergency Management Coordinator 7 73 Response by the Time of Day
Time of Day Total Response
00:00:00 TO 00:59:59 8
01:00:00 TO 01:59:59 2
02:00:00 TO 02:59:59 1
03:00:00 TO 03:59:59 1
04:00:00 TO 04:59:59 1
05:00:00 TO 05:59:59 2
06:00:00 TO 06:59:59 1
07:00:00 TO 07:59:59 2
08:00:00 TO 08:59:59 4
09:00:00 TO 09:59:59 2
10:00:00 TO 10:59:59 6
11:00:00 TO 11:59:59 7
12:00:00 TO 12:59:59 7
13:00:00 TO 13:59:59 4
14:00:00 TO 14:59:59 4
15:00:00 TO 15:59:59 11
16:00:00 TO 16:59:59 6
17:00:00 TO 17:59:59 5
18:00:00 TO 18:59:59 4
19:00:00 TO 19:59:59 7
20:00:00 TO 20:59:59 5
21:00:00 TO 21:59:59 6
22:00:00 TO 22:59:59 5
23:00:00 TO 23:59:59 3
Grand Total 104
0 2
4 6
8 10
12 00:00:00 TO 00:59:5901:00:00 TO 01:59:5902:00:00 TO 02:59:5903:00:00 TO 03:59:5904:00:00 TO 04:59:5905:00:00 TO 05:59:5906:00:00 TO 06:59:5907:00:00 TO 07:59:5908:00:00 TO 08:59:5909:00:00 TO 09:59:5910:00:00 TO 10:59:5911:00:00 TO 11:59:5912:00:00 TO 12:59:5913:00:00 TO 13:59:5914:00:00 TO 14:59:5915:00:00 TO 15:59:5916:00:00 TO 16:59:5917:00:00 TO 17:59:5918:00:00 TO 18:59:5919:00:00 TO 19:59:5920:00:00 TO 20:59:5921:00:00 TO 21:59:5922:00:00 TO 22:59:5923:00:00 TO 23:59:59 Time of Day
Responses
Submitted by Brandy Villanueva, Emergency Management Coordinator 8 74 Response Times Within Allowable
Time
Delayed Response Cancelled Total
Code 3: Response
Time of 8:59 or less
10 12 0 22
Code 2: Response
Time of 15:00 or
less
43 0 0 43
Cancelled
Responses
0 0 39 39
Grand Total 53 12 39 104
Submitted by Brandy Villanueva, Emergency Management Coordinator 9 75 City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0292
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
FINDINGS TO HOLD REMOTE TELECONFERENCE/MEETINGS,
PURSUANT TO ASSEMBLY BILL 361
(City Clerk Myra Maravilla)
Recommended Action:
Staff recommends City Council authorize remote teleconference/virtual meetings of all City of Hermosa Beach legislative bodies in accordance with Assembly Bill 361 (“AB 361”), by finding that:
(1) a statewide state of emergency is currently in place; (2) state and local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and meeting in person would present imminent risks to the health or safety of attendees.
Background:
All meetings of the City’s legislative bodies are subject to the Ralph M. Brown Act (Gov. Code §§ 54950 et seq.) and must be open and public so that any member of the public may attend and participate in the meetings. Commencing in March of 2020, Governor Newsom issued a series of executive orders aimed at preventing the spread of a respiratory disease that came to be known as the novel coronavirus, “COVID-19.” Among these were Executive Orders (“EO”) N-25-20, N-29-20, and N-35-20 (collectively, the “Brown Act Orders”) that waived the teleconferencing requirements of the Brown Act to allow legislative bodies to meet virtually.
On June 11, 2021, the Governor issued EO N-08-21 to begin winding down some of the prior measures that were adopted to respond to COVID-19. Notably, EO N-08-21 rescinded the Brown Act Orders, effective September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which became effective October 1, 2021, and amended the Brown Act to allow legislative bodies to meet virtually, without following the Brown Act’s standard teleconferencing rules, provided that the legislative body makes specific findings, which include the following:
1. A statewide state of emergency is currently in place;
2. State or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and/or
3. Meeting in person would present imminent risks to the health or safety of attendees.
Continued compliance with AB 361 would require City Council to approve the action making the City of Hermosa Beach Page 1 of 2 Printed on 5/6/2022
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Staff Report
REPORT 22-0292
Continued compliance with AB 361 would require City Council to approve the action making the required findings at least every 30 days.
Discussion:
All three findings under AB 361 can be made given the current circumstances. The Governor has proclaimed a state of emergency in response to the ongoing COVID-19 pandemic. The state of emergency currently remains in effect.
Further, State officials, including the California Department of Public Health, have recommended measures to promote social distancing in connection with COVID-19, which are currently in place. Similarly, local officials, including the County Public Health Officer, have also recommended measures to promote social distancing in connection with COVID -19. In a recommendation dated September 28, 2021, the County Public Health Officer stated that “utilizing teleconferencing options for public meetings is an effective and recommended social distancing measure to facilitate participation in public affairs and encourage participants to protect themselves and others from the COVID-19 disease.” Finally, the City has determined that meeting in person would present imminent risks to the health or safety of attendees. Accordingly, all of the above-referenced AB 361 findings currently exist.
If City Council thus desires to allow virtual meetings in order to both ensure the health and safety of the public, the legislative bodies of the City, and City staff, as well as continuity of government in allowing regularly-scheduled meetings to continue to occur without interruption, staff recommends City Council authorize virtual/teleconference meetings by making the findings set forth above.
Alternative:
If City Council does not make the findings pursuant to AB 361, the City would have to conduct its public meetings for City Council and other public boards and commissions in person and not have the option of conducting its meetings via teleconferencing.
Fiscal Impact:
There is no fiscal impact associated with the recommended action.
Attachments:
Link to Assembly Bill 361
Respectfully Submitted by: Myra Maravilla, City Clerk
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 2 of 2 Printed on 5/6/2022
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City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) 05-10-22 17:00
Agenda Name Comments Support Oppose Neutral
f. REPORT 22-0292 FINDINGS TO HOLD REMOTE
TELECONFERENCE/MEETINGS,
PURSUANT TO ASSEMBLY BILL 361
(City Clerk Myra Maravilla)
1 0 0 1
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.
Overall Sentiment
Agenda Item: eComments for f. REPORT 22-0292 FINDINGS TO HOLD REMOTE TELECONFERENCE/MEETINGS, PURSUANT TO ASSEMBLY BILL 361
(City Clerk Myra Maravilla)
Overall Sentiment
Dean francois
Location:
Submitted At: 11:32pm 05-09-22
I suggest the council come up with a plan to return to open public meetings. Many elected bodies have already done this. While continuation of zoom commission meetings could be considered beneficial to those volunteers, it is quite another having elected officials continuing to deliberate from the luxury of their homes when they were elected to attend open meetings and ace the public directly. 78 City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0282
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
HERMOSA BEACH LANDSCAPING AND STREET LIGHTING
DISTRICT 2022-2023 ADOPTION OF RESOLUTIONS REGARDING
THE ENGINEER’S REPORT AND SETTING JUNE 14, 2022
FOR A PUBLIC HEARING
(Public Works Director Joe SanClemente)
Recommended Action:
Staff recommends City Council:
1. Adopt a resolution (Attachment 3) approving the Engineer's Report in connection with Hermosa Beach Landscaping and Street Lighting District 2022-2023 (District) made pursuant to the requirements of Resolution No. 22-7310; and
2. Adopt a resolution (Attachment 4) declaring the City’s intention to order certain improvements and to levy and collect assessments within the Hermosa Beach Landscaping and Street Lighting District 2022-2023 for the Fiscal Year beginning July 1, 2022, through June 30, 2023, and appointing June 14, 2022, at the hour of 6:30 p.m. in the Civic Center Council Chambers as the time and place for a public hearing in relation thereto.
Executive Summary:
The Hermosa Beach Landscaping and Street Lighting District (District) collects funds for the maintenance and operation of the citywide street lighting program and landscaping within street medians and parkways. The District must be renewed annually by following a three-step process.
Staff recommends continuation of the process for Fiscal Year 2022-2023.
Background:
The District was created in Fiscal Year 1989-1990, pursuant to the Landscaping and Lighting Act of 1972 (Street and Highway Code Sections 22500-22679). The District assessment provides funding to maintain and operate streetlights, traffic signals, and landscaping located within parkways and medians citywide. The assessment rate has not increased since the passage of Proposition 218 in 1996 and is set at $41.45 per dwelling unit.
The anticipated assessment to be collected for Fiscal Year 2021-2022 is $456,346; a subsidy of City of Hermosa Beach Page 1 of 4 Printed on 5/6/2022
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Staff Report
REPORT 22-0282
The anticipated assessment to be collected for Fiscal Year 2021-2022 is $456,346; a subsidy of $229,790 was approved for transfer from the RTI Undersea Cable Fund to the Landscaping and Street Lighting District Fund to cover the shortfall for maintaining the citywide Landscaping and Street Lighting District for Fiscal Year 2021-2022.
The District must be renewed annually by following a three-step process. First, Council authorizes the Director of Public Works to prepare an Engineer’s Report containing the estimated cost of maintaining the District, the list of parcels within the District, and the method of apportionment of the assessment. At its April 12, 2022 meeting, City Council adopted Resolution 22-7310 (Attachment 1) authorizing preparation of a report.
Second, the Engineer’s Report (Attachment 2) is presented to Council for approval and the Council sets a date for a Public Hearing declaring the City Council’s intention to order certain improvements and to levy and collect assessments within the District for the new fiscal year. The third and final step is to hold a Public Hearing to accept public input on the matter of the proposed assessment and, if approved, to levy the assessment for the new fiscal year.
Past Council Actions
Meeting Date Description
April 12, 2022 City Council adopted Resolution 22-7310 authorizing the preparation of a report for the annual levy of assessments within the Hermosa Beach Landscaping and Street Lighting District during Fiscal Year 2022-2023
Analysis:
Based on the advice of the City Attorney, the City is in compliance with Proposition 218 and can continue to levy assessments to pay for the maintenance and operation of streetlights, street medians, and parkway landscaping without balloting requirements so long as the assessments are not increased. The assessment rate per dwelling unit has not increased since the passage of Proposition 218 in 1996.
The Council is now considering the second step in the process. By approving the first resolution (Attachment 3), City Council approves the Engineer’s Report, prepared by the Deputy City Engineer acting as the Assessment Engineer. This report contains maps, methodology, costs, and estimated assessments for the District and is on file in the office of the City Clerk. Adoption of the proposed resolution confirms that the report was prepared prior to the public hearing.
By approving the second resolution (Attachment 4), City Council sets June 14, 2022, at 6:30 p.m. in the City Hall Council Chambers as the time and place for a Public Hearing in order to accept input on the report. The City Clerk would publish a Notice of Public Hearing in the Easy Reader a minimum of City of Hermosa Beach Page 2 of 4 Printed on 5/6/2022
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Staff Report
REPORT 22-0282
10 days in advance of the hearing. The draft public notice is included as Attachment 5.
In order to levy and collect assessments within the Hermosa Beach Landscaping and Street Lighting District 2022-2023, the City Council must also:
1. Hold a Public Hearing and adopt a Resolution confirming the map and assessment for the District for Fiscal Year 2022-2023 and levy the set assessment per-unit rate for the fiscal year commencing July 1, 2022 and ending June 30, 2023; and
2. Adopt the Fiscal Year 2022-2023 estimated revenue for secured collections for the District.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Mobility Element
Goal 2. A public realm that is safe, comfortable, and convenient for travel via foot, bicycle, public transit, and automobile and creates vibrant, people oriented public spaces that encourage active living.
Policies:
· 2.1 Prioritize public right-of-ways. Prioritize improvements of public right-of-ways that provide heightened levels of safe, comfortable and attractive public spaces for all non-motorized travelers while balancing the needs of efficient vehicular circulation. · 2.4 Sustainable landscape. Use consistent and sustainable landscape and streetscape designs that reflect the city’s community identity; showcase local assets and the community’s unique and vibrant culture.
Parks + Open Space Element
Goal 10. Abundant landscaping, trees, and green space provided throughout the community.
Policy:
· 10.3 Green space co-benefits. Recognize the many positive qualities provided by landscaping, trees, and green space including reduced heat gain, controlled stormwater runoff, absorbed noise, reduced soil erosion, improved aesthetic character, and absorption of air pollution.
Infrastructure Element
Goal 1. Infrastructure systems are functional, safe, and well maintained.
Policies:
· 1.1 Infrastructure systems plan. Establish and adopt an integrated, holistic systems approach City of Hermosa Beach Page 3 of 4 Printed on 5/6/2022
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Staff Report
REPORT 22-0282
· 1.1 Infrastructure systems plan. Establish and adopt an integrated, holistic systems approach to guide infrastructure development, improvement, maintenance, and resilience. · 1.4 Fair share assessments. Require new development and redevelopment projects to pay their fair share of the cost of infrastructure improvements needed to serve the project and ensure that needed infrastructure is available prior to or at the time of project completion.
Fiscal Impact:
The anticipated assessment to be collected for Fiscal Year 2022-2023 is $461,300. Staff recommends in the FY2022-2023 Preliminary Budget that an additional $239,245 be transferred from the RTI Undersea Cable Fund, and $1,590 be transferred from the Tyco Fund (rather than the General Fund) to cover the shortfall in the Landscaping and Street Lighting District Fund and maintain the citywide Landscaping and Street Lighting District for Fiscal Year 2022-2023.
Attachments:
1. Resolution 22-7310 approving the preparation of the Engineer’s Report
2. Engineers Report, City of Hermosa Beach Landscaping and Lighting District 2022-2023
3. Draft Resolution 22-xxxx approving the Engineer's Report in connection with Hermosa Beach Landscaping and Street Lighting District 2022-2023
4. Draft Resolution 22-xxxx declaring the City’s intention to order certain improvements and to levy and collect assessments within the Hermosa Beach Landscaping and Street Lighting District 2022-2023 for the Fiscal Year beginning July 1, 2022 through June 30, 2023, and appointing a time and place for a Public Hearing in relation thereto
5. Draft Notice of Public Hearing
6. Link to April 12, 2022 Staff Report
Respectfully Submitted by: Romany Basilyous, Associate Engineer Concur: Lucho Rodriguez, Deputy City Engineer
Concur: Joseph SanClemente, Public Works Director
Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 4 of 4 Printed on 5/6/2022
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ATTACHMENT 2
ENGINEER’S REPORT
CITY OF HERMOSA BEACH
LANDSCAPING AND
STREET LIGHTING DISTRICT
2022-2023
83 ENGINEER'S REPORT
CITY OF HERMOSA BEACH
LANDSCAPING AND
STREET LIGHTING DISTRICT
2022-2023
Prepared By:
Romany Basilyous
Associate Engineer
Lucho Rodriguez, P.E.
Deputy City Engineer
May 10, 2022
84 ENGINEER'S REPORT
CITY OF HERMOSA BEACH
LANDSCAPING AND STREET LIGHTING DISTRICT 2022-2023
TABLE OF CONTENTS
Certificate .................................................................................................. 1 Report........................................................................................................ 2 Part A - Plans and Specifications ................................................... 4 Part B - Estimate of Cost................................................................ 5 Part C - Assessment Roll ............................................................... 6 Part D - Method of Apportionment of Assessment.......................... 7 Part E - Property Owner List........................................................... 9 Part F - Assessment District Boundary........................................... 10 85 1
ENGINEER’S REPORT
CITY OF HERMOSA BEACH
LANDSCAPING AND STREET LIGHTING DISTRICT 2022-2023
The undersigned respectfully submits the enclosed report as directed by the City Council.
DATED: May 10, 2022
BY: Joseph SanClemente
Director of Public Works
______________________________________
BY: Lucho Rodriguez, P.E.
Deputy City Engineer
______________________________________
BY: Romany Basilyous
Associate Engineer
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Diagram thereto attached was filed with me on the _________ day of __________, 2022.
City Clerk, City of Hermosa Beach
Los Angeles County, California
By
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll and Diagram thereto attached, was approved and confirmed by the City Council of the City of Hermosa Beach, California, on the _________ day of __________, 2022.
City Clerk, City of Hermosa Beach
Los Angeles County, California
By
I HEREBY CERTIFY that the enclosed Assessment Roll and Diagram were filed with the County Auditor of the County of Los Angeles, on the _________ day of __________, 2022.
City Clerk, City of Hermosa Beach
Los Angeles County, California
By
86 2
FISCAL YEAR 2022-2023
CITY OF HERMOSA BEACH
ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972, SECTION 22500 THROUGH 22679, OF THE CALIFORNIA STREETS AND HIGHWAYS CODE
Pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, and in accordance with the Resolution of Initiation adopted by the Council of the City of Hermosa Beach, State of California, in connection with the proceedings for:
HERMOSA BEACH
LANDSCAPING AND STREET LIGHTING DISTRICT 2022-2023
Hereinafter referred to as the "Assessment District" or "District", Lucho Rodriguez, Deputy City Engineer, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of six (6) parts as follows:
PART A
Plans and specifications for the improvements showing and describing the general nature, location and extent of the improvements.
PART B
An estimate of the cost of the proposed improvements for FY 2022-2023, including incidental costs and expenses in connection therewith.
PART C
An assessment of the estimated cost of the improvements on each benefited lot or parcel of land within the Assessment District.
PART D
The method of apportionment of assessments, indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon the several lots and parcels of land within the Assessment District, in proportion to the estimated benefits to be received by such lots and parcels.
87 3
PART E
A list of the names and addresses of the owners of real property within the Assessment District, as shown on the last equalized roll of the Assessor of the County of Los Angeles.
PART F
The Diagram of the Assessment District Boundaries showing the exterior boundaries of the Assessment District, the boundaries of any zones within the Assessment District and the lines and dimensions of each lot or parcel of land within the Assessment District. 88 4
PART A
PLANS AND SPECIFICATIONS
The facilities, which have been constructed within the City of Hermosa Beach, and those which may be subsequently constructed, will be operated, serviced and maintained as generally described as follows:
DESCRIPTION OF IMPROVEMENTS
FOR THE HERMOSA BEACH
LANDSCAPING AND STREET LIGHTING DISTRICT 2022-2023
The proposed improvements for FY 2022-2023 may be generally described as the continued maintenance and operation of streets and sidewalks within the District, including the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities that are located in and along such streets and sidewalks, including but not limited to, personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows:
Street Landscaping and Appurtenant Facilities
Landscaping, planting, shrubbery, trees and appurtenant facilities, including irrigation systems, hardscapes and fixtures in public street and sidewalk rights-of-way, including parkways and medians, within the boundaries of the Assessment District.
Street Lighting and Appurtenant Facilities
Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide street lighting and traffic signals in public street and sidewalk rights-of-way, including parkways and medians, within the boundaries of the Assessment District.
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the lighting facilities, or for the lighting or operation of the landscaping or appurtenant facilities.
The plans and specifications for the improvements, showing and describing the general nature, location, and the extent of the improvements, are on file in the office of the City Clerk and are incorporated herein by reference.
89 5
PART B
ESTIMATE OF COSTS
LANDSCAPING AND STREET LIGHTING DISTRICT
Proposed Budget - Fiscal Year 2022-2023
The estimated cost of the operation, servicing and maintenance of the street and sidewalk improvements for fiscal year 2022-2023, as described in Part A, are summarized herein and described below.
Lighting and Landscaping Maintenance and Servicing
• Median & Pkwy Landscaping Maintenance and Servicing
• Lighting Maintenance and Servicing
• Tree Trimming $522,782
Administration Costs $11,054
Insurance $204,533
L.A. County Tax Collection Costs $2,000
Equipment Replacement $55,099
Proposed Capital Improvements $0
Expenditures Subtotal: $795,468
Appropriation from Fund balance $92,097
Amount transferred from RTI Undersea Cable Fund and Tyco Fund $240,835 Miscellaneous Revenues $1,236
Total Assessment: $461,300
Fund Balance 6/30/23 $0
Total amount of $229,790 was transferred from the RTI Undersea Cable Fund in FY 2021–
22. An additional amount of $239,245 will be transferred from the RTI Undersea Cable Fund and $1,590 will be transferred from the Tyco Fund to maintain the District for FY 2022–23.
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year.
Note: Total cost of the operation, servicing and maintenance of the Landscaping and Street Lighting District 2022-2023 is estimated to be $795,468. 90 6
PART C
ASSESSMENT ROLL
The total proposed assessment for Fiscal Year 2022-2023 and the amount of the total proposed assessment apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Los Angeles County Assessor's Office, are contained in the Assessment Roll on file in the office of the City Clerk of the City of Hermosa Beach, which is incorporated herein by reference.
The description of each lot or parcel is part of the Los Angeles County assessment roll and this roll is, by reference, made part of this Report.
91 7
PART D
METHOD OF APPORTIONMENT OF ASSESSMENT
GENERAL
Part 2, of Division 15, of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include operation, maintenance and servicing of street lights, traffic signals and landscaping.
The 1972 Act requires that maintenance assessments be levied according to benefit rather than according to assessed value. Section 22573 provides that:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements" (Sec. 22574) Thus, the 1972 Act requires the levy of a true "benefit assessment" rather than a "special tax." Exempted from the assessment would be the areas of all publicly owned property in use in the performance of a public function. Railroad and utility rights-of-way are also exempt from assessment.
BENEFIT ANALYSIS
• Street Lighting and Traffic Signals - The proper functioning of street lighting and traffic signals is imperative for the welfare and safety of the public and property throughout the City. Proper operation, maintenance and servicing of the street lighting system benefits properties within the District by providing proper illumination for ingress and egress and safe traveling at night. Properties within the District also benefit from the proper functioning of the District's traffic signal system. Proper operation of the streetlight and traffic signal systems is imperative to public convenience, orderly traffic flow, enhanced congestion management and safety. Improved security, fuel conservation, protection of property from crime and vandalism, and reduction of traffic accidents, are special and direct benefits to all properties within the City; lighting benefits are directly related to public safety and property protection and therefore increase property values.
• Median and Parkway Landscaping and Tree Trimming - Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings, and therefore increase property value.
The City maintains trees and miscellaneous shrubbery and landscaping throughout the City.
The trees, shrubbery and landscaping are located within the public street and sidewalk rights-ofway, including parkways and medians. These trees, shrubbery and landscaping provide an 92 8
aesthetically pleasing environment, shade, beautification, and, according to some authorities, air purification and sound attenuation. These positive attributes increase the value of all properties throughout the City.
Therefore, all property within the District receive an overall specific and direct benefit from the maintenance and servicing of the street median and parkway landscaping and street tree trimming programs.
Special benefits which are received by all parcels in the City are considered to be City-wide Benefits, and the associated costs of these special benefits are spread equally, based on Equivalent Dwelling Units, to all parcels within the District. All properties in the District benefit from the operation, maintenance and servicing of the street lighting, traffic signals, street median and parkway landscaping and street tree trimming.
The degree of benefit to each parcel of land varies depending on its land use and the size of the parcel. If assessments were spread on an individual parcel basis, not considering land use or parcel size, it would not be an equitable method of spread because a single family parcel would pay the same assessment as a 50-unit apartment parcel or a large commercial parcel.
Therefore, the method for spreading the improvement costs, which must be based on special and direct benefit, is on an Equivalent Dwelling Unit (EDU) basis. The EDU method uses the residential dwelling unit as the basic unit and compares other uses to it, as follows:
• Residential parcels are assessed based on the number of dwelling units on each parcel, where each residential dwelling unit equals one EDU
• Non-residential parcels have been converted into EDU'S, based on engineering judgment taking into consideration the size of the parcel and the amount of frontage along the street.
Every parcel is assessed a minimum of one (1) EDU.
There are a total of 11,129 EDU's within the Assessment District.
ASSESSMENT RATE CALCULATION
Based on a budget of $461,300 as shown in Part B of this report, the preliminary assessment rate for FY 2022-2023 is calculated as follows:
$461,300 ÷ 11,129 EDU's = $41.45 per EDU
The assessment for FY 2021-2022 was $41.45 per EDU.
93 9
PART E
PROPERTY OWNER LIST
A list of names and addresses of the owners of all parcels within this District is shown on the last equalized Property Tax Roll of the Assessor of the County of Los Angeles, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll on file in the office of the City Clerk of the City of Hermosa Beach.
94 10
PART F
ASSESSMENT DISTRICT BOUNDARY
The boundaries of the District are coterminous with the boundaries of the City of Hermosa Beach. A diagram showing the exterior boundaries of the District, the boundaries of any zones within the District, and the lines and dimensions of each lot or parcel of land within the District is on file in the office of the City Clerk of the City of Hermosa Beach, and is incorporated herein by reference. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Assessor of the County of Los Angeles for fiscal year 2021-2022. The Assessor's maps and records are incorporated by reference herein and made part of this report.
95 11
2022-2023
96
1 2 RESOLUTION NO. 22-XXXX
3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, 5 CALIFORNIA, APPROVING THE ENGINEER’S REPORT IN CONNECTION WITH 6 HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2022-2023 7 8 HERMOSA BEACH LANDSCAPING AND STREET LIGHTING DISTRICT 2022-2023 9 WHEREAS, the City Council of the City of Hermosa Beach, California, by its Resolution 10 No. 21-7310, adopted April 12, 2022, ordered the Director of Public Works to prepare and file a 11 report in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972, Part 12 2 of Division 15 (Section 22500, et seq.) of the Streets and Highways Code of the State of California, 13 in connection with the proposed maintenance and operation of streets and sidewalks within an 14 existing assessment district to be designated as the “Hermosa Beach Landscaping and Street 15 Lighting District 2022-2023”, including the operation, maintenance and servicing of landscaping, 16 lighting and appurtenant facilities located in and along such streets and sidewalks for the fiscal year 17 commencing July 1, 2022 and ending June 30, 2023; and 18 WHEREAS, under the direction of the Director of Public Works, the Deputy City Engineer, 19 acting as the Assessment Engineer, prepared and filed in the office of the City Clerk a written report 20 in accordance with Article 4 of Chapter 1 of the Landscaping and Lighting Act of 1972; and 21 WHEREAS, the City Clerk presented the report of the Deputy City Engineer to the City 22 Council, and the City Council carefully examined, inspected and considered the report and is 23 satisfied with the report and with each and all of the items set forth therein. 24 25 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA 26 BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
27 SECTION 1. The report of the Deputy City Engineer entitled “Engineer’s Report, Hermosa 28 Beach Landscaping and Street Lighting District 2022-2023,” which was prepared and filed pursuant 29 to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 (Section 22500, 30 et seq.) of the Streets and Highways Code of the State of California, is hereby approved as filed. 97
31 SECTION 2. This Resolution shall take effect immediately. The City Clerk shall certify to 32 the passage and adoption of this Resolution, shall cause the original of the same to be entered among 33 the original resolutions of the City Council, and shall make a minute of the passage and adoption 34 thereof in the minutes of the City Council meeting at which the same is passed and adopted. 35 36
37 PASSED, APPROVED AND ADOPTED this 10th day of May, 2022. 38 39 ________________________________________________________________________ 40 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California 41 42
43 44 ATTEST: APPROVED AS TO FORM:
45 46
47 __________________________ __________________________ 48 Myra Maravilla Michael Jenkins
49 City Clerk City Attorney
50 51
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1 2 RESOLUTION NO. 22-XXXX
3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, 5 CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN IMPROVEMENTS 6 AND TO LEVY AND COLLECT ASSESSMENTS WITHIN THE HERMOSA BEACH 7 LANDSCAPING AND STREET LIGHTING DISTRICT 2022-2023 FOR THE FISCAL 8 YEAR BEGINNING JULY 1, 2022 AND ENDING JUNE 30, 2023, AND APPOINTING A 9 TIME AND PLACE FOR A PUBLIC HEARING IN RELATION THERETO 10 11 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA 12 BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
13 SECTION 1. The public interest and convenience require, and it is the intention of the City 14 Council of the City of Hermosa Beach, California, to order certain improvements within an existing 15 citywide assessment district for the fiscal year beginning July 1, 2022 and ending June 30, 2023, 16 and to levy and collect assessments against properties within the assessment district for that fiscal 17 year.
18 SECTION 2. The proposed improvements are the continued maintenance and operation of 19 the streets and sidewalks within the assessment district including the operation, servicing and 20 maintenance of landscaping, lighting and appurtenant facilities that are located in and along such 21 streets and sidewalks.
22 SECTION 3. The assessment district is designated as the “Hermosa Beach Landscaping 23 and Street Lighting District 2022-2023.” The assessment district is comprised of all of the City of 24 Hermosa Beach, as shown in the Engineer’s Report and on the “MAP OF LANDSCAPING AND 25 STREET LIGHTING DISTRICT 2022-2023” on file in the Office of the City Clerk. 26 SECTION 4. The assessments to be levied and collected against the assessable lots and 27 parcels of land within the assessment district for fiscal year 2022-2023 are not proposed to increase 28 from those levied and collected in fiscal year 2021-2022. 29 SECTION 5. Reference is hereby made to the report prepared by the Deputy City Engineer, 30 entitled “Engineer’s Report, for Hermosa Beach Landscaping and Street Lighting District 2022- 31 2023,” on file in the Office of the City Clerk, for a full and detailed description of the improvements, 99
32 the boundaries of the assessment district and any zones therein, and the proposed assessments upon 33 assessable lots and parcels of land within the assessment district. 34 SECTION 6. The improvements shall be provided pursuant to the provisions of the 35 Landscaping and Lighting Act of 1972, Part 2 of Division 15 (Section 22500, et seq.) of the Street 36 and Highways Code of the State of California, and in accordance with plans and specifications on 37 file in the office of the City Clerk.
38 SECTION 7. The assessment shall be levied and collected at the same time and in the same 39 manner and with the same interest and penalties as general taxes of the City, which are collected for 40 the City by the Los Angeles County Tax Collector.
41 SECTION 8. Public property owned by any public agency and in use in the performance 42 of a public function, which is included within the boundaries of the assessment district shall be 43 omitted and exempt from the assessment to be made to cover the costs and expenses of the 44 improvements.
45 SECTION 9. To expedite the making of the improvements, the City Council may transfer 46 into the “Hermosa Beach Landscaping and Street Lighting District 2022-2023 Fund,” out of any 47 money in the General Fund, any sums as it shall deem necessary, and the sums so transferred shall 48 be deemed a loan to such fund and shall be repaid in accordance with the Landscaping and Lighting 49 Act of 1972.
50 SECTION 10. NOTICE IS HEREBY GIVEN that Tuesday, June 14, 2022, at the hour of 51 6:30 PM in Civic Center Council Chambers, 1315 Valley Drive, Hermosa Beach, California, is 52 appointed as the date, time and place for hearing protests to the question of approving and 53 confirming the levy of the proposed assessment.
54 SECTION 11. The City Clerk is hereby authorized, designated and directed to give notice 55 of the public hearing in the time, form and manner required by law. 56 SECTION 12. The EASY READER, a weekly newspaper of general circulation circulated 57 within the City, is hereby designated as the newspaper in which said notice shall be published. 58 SECTION 13. This Resolution shall take effect immediately. The City Clerk shall certify 59 to the passage and adoption of this Resolution, shall cause the original of the same to be entered 60 among the original resolutions of the City Council and shall make a minute of the passage and 61 adoption thereof in the minutes of the City Council meeting at which the same is passed and adopted. 62 100
63 PASSED, APPROVED AND ADOPTED this 10th day of May, 2022. 64 65 ________________________________________________________________________ 66 PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California 67 68
69 70 ATTEST: APPROVED AS TO FORM:
71 72
73 __________________________ __________________________ 74 Myra Maravilla Michael Jenkins
75 City Clerk City Attorney
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City of Hermosa Beach
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Hermosa Beach shall hold a public hearing on Tuesday, June 14, 2022, to consider the following:
1. The order of certain improvements and the levy and collection of assessments within the Hermosa Beach Landscaping and Street Lighting District 2022-2023 for the fiscal year beginning July 1, 2022 and ending June 30, 2023.
On May 10, 2022, the City Council adopted a resolution of intention to order certain improvements and collect assessments within the Citywide Hermosa Beach Landscaping and Street Lighting District for the fiscal year 2022-2023 and setting the public hearing for June 14, 2022.
SAID PUBLIC HEARING shall be held at 6:30 P.M., or as soon thereafter as the matter may be heard at the regular City Council meeting for the hearing of protests or objections to the levy of the proposed assessment against the lots and parcels of property within the District for the 2022-2023 fiscal year.
Hybrid virtual/in-person meetings are held pursuant to AB361. State and local officials recommend measures to promote social distancing. Members of the public may email comments to [email protected] or submit eComments until 3:00 p.m. on the meeting date.
IN-PERSON: Council Chambers, 1315 Valley Drive, Hermosa Beach ZOOM: The link is available on the published agenda at www.hermosabeach.gov OR PARTICIPATE BY PHONE: Toll Free: 833-548-0276 Meeting ID: 899 6820 7828, then # Passcode: 472825 ATTENDEES WILL BE MUTED UNTIL THE PUBLIC PARTICIPATION PERIOD IS OPENED. If you are joining by phone, press * 9 to raise your virtual hand and * 6 to unmute your line when asked to do so. Comments from the public are limited to 3 minutes per speaker.
ANY AND ALL PERSONS interested are invited to participate and speak at this hearing at the above time and place. All interested persons shall be afforded the opportunity to hear and be heard. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by the signer thereof. Written protests may be delivered in person to the City Clerk or may be mailed to the City Clerk at City Hall, 1315 Valley Drive, Hermosa Beach, CA 90254. Any written protest must be received by the close of the public hearing to be counted. For inclusion in the agenda packet to be distributed, written comments of interested parties should be submitted to the department listed with the item, in care of City Hall at the above address prior to Tuesday, June 7, 2022, at 12:00 noon. 102
IF YOU CHALLENGE the above matter(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the above-listed departments at, or prior to, the public hearing.
FOR FURTHER INFORMATION, please contact the Public Works Department, Tel:
(310) 318-0214 or e-mail [email protected]. A copy of the staff report(s) in the City Council packet will be available for public review by Friday, June 10, 2022, at the Office of the City Clerk and on the City’s website at www.hermosabeach.gov.
Myra Maravilla
City Clerk
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0270
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
APPROVAL OF LETTERS OF SUPPORT FOR PROPOSED ASSEMBLY BILL 2074 (GIPSON) PROVIDING INCENTIVES FOR MICROMOBILITY DEVICES AND 2432 (MURATSUCHI) ALLOWING CREATION OF A NEIGHBORHOOD ELECTRIC VEHICLE
TRANSPORTATION PLAN
(Environmental Programs Manager Douglas Krauss)
Recommended Action:
Staff recommends City Council:
1. Authorize the Mayor to sign letters of support (Attachments 1 and 2) on behalf of the City regarding Assembly Bill 2074 providing incentives for micromobility and Assembly Bill 2432 allowing creation of a neighborhood electric vehicle transportation plan; and
2. Submit the letters to key legislators and local stakeholders Executive Summary:
Proposed Assembly Bills 2074 and 2432 (AB 2074 and AB 2432) both aim to promote and expand micromobility. As defined by the Federal Highway Administration, micromobility refers to, “any small, low-speed, human- or electric-powered transportation device, including bicycles, scooters, electricassist bicycles, electric scooters (e-scooters), and other small, lightweight, wheeled conveyances.” Staff recommends City Council approve a letter supporting the proposed legislation. These bills align with mobility goals established in PLAN Hermosa, the City’s general plan developed in 2017, and are both sponsored by the South Bay Cities Council of Governments (SBCCOG).
Background:
The City of Hermosa Beach works to increase and improve multi-modal transportation opportunities.
PLAN Hermosa details a number of mobility goals including an emphasis on promoting Complete Streets and multi-modal transportation options. Additionally, the City works with the SBCCOG on their Local Travel Network (LTN), which aims to increase options and safety for neighborhood electric vehicles (NEV, i.e., “golf carts”) and other micromobility modes of transportation throughout the South Bay.
Since the SBCCOG will not know the exact nature of LTN signage or street markings until later in the program, the SBCCOG is supporting AB 2432 to provide cities the authority to adopt a plan, should it be determined that using "NEV" is important for the implementation of the LTN. AB 2074 proposes to City of Hermosa Beach Page 1 of 4 Printed on 5/6/2022
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be determined that using "NEV" is important for the implementation of the LTN. AB 2074 proposes to obligate the State Air Resources Board to provide incentives for micromobility devices. This offers the potential to benefit both municipalities and community members with future incentive programs.
Discussion:
Assembly Bill 2432
Existing law defines “low-speed vehicle” for purposes of the Vehicle Code as a motor vehicle with four wheels that is capable of a minimum speed of 20 miles per hour and a maximum speed of 25 miles per hour on a paved level surface, having a gross vehicle weight rating of less than 3,000 pounds. Existing law imposes certain restrictions on the use of low-speed vehicles on public streets and highways, and generally requires an operator of a low-speed vehicle to have a driver’s license. A low-speed vehicle is also known as a neighborhood electric vehicle (NEV).
State laws currently authorize certain local agencies to establish a NEV transportation plan subject to requirements. A person operating a NEV in a plan area in violation of certain provisions is guilty of an infraction punishable by a fine not exceeding $100. A violation of the Vehicle Code is an infraction, unless otherwise specified. This bill would authorize the County of Los Angeles or any city in the South Bay, as defined, to establish a similar NEV transportation plan for a plan area that may include any applicable portion of the county or city located within the jurisdiction of the South Bay Cities Council of Governments, as specified, subject to the same penalties.
AB 2432 proposes to authorize the adoption of an NEV transportation plan by the County of Los Angeles or any city within the jurisdiction of the South Bay Cities Council of Governments. An adopted Neighborhood Electric Vehicle Plan would allow cities to use signage or street markings with the words "Neighborhood Electric Vehicle" or "NEV".
AB 2432 would require the transportation plan to have received a prior review and the comments of the South Bay Cities Council of Governments, Southern California Association of Governments, and any agency having traffic law enforcement responsibilities in an entity included in the plan area.
Review and approval of the plans by the Department of Transportation (DOT) would be required.
If the County of Los Angeles or a city in the South Bay adopts a NEV transportation plan for the plan area, the bill would require the Southern California Association of Governments to, in consultation with DOT, the Department of the California Highway Patrol, and local law enforcement agencies, submit a report, as specified, to the Legislature on or before August 31, 2028. The legislation would repeal these provisions on January 1, 2040. Since the bill would create a new crime, it would impose a state-mandated local program. The California Constitution requires the State to reimburse local agencies and school districts for certain mandated costs. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act City of Hermosa Beach Page 2 of 4 Printed on 5/6/2022
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for a specified reason.
Assembly Bill 2074
Existing law establishes the Air Quality Improvement Program that is administered by the State Air Resources Board (State Board) for the purposes of funding projects related to, among other things, the reduction of criteria air pollutants and improvement of air quality. Pursuant to its existing statutory authority, the State Board has established the Clean Vehicle Rebate Project, as a part of the Air Quality Improvement Program, to promote the production and use of zero-emission vehicles by providing rebates for the purchase of new zero-emission vehicles. Existing law specifies the types of projects eligible to receive funding under the program.
AB 2074 would provide incentives for purchasing micromobility devices and would require the State Board, no later than July 1, 2023, to establish a Micromobility Device Incentives Project to provide incentives, in the form of vouchers, to individuals for the purchase of micromobility devices.
Both bills are supported by the SBCCOG and they have asked South Bay agencies to offer their individual support as well. Staff recommends that Council authorize the Mayor to sign a letter of support for each bill on behalf of the City.
General Plan Consistency:
This report and associated recommendations have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Mobility
Goal 1. Complete Streets (Living Streets) that serve the diverse functions of mobility, commerce, recreation, and community engagement for all users whether they travel by walking, bicycling, transit, or driving.
Policies:
· 1.1 Consider all modes. Require the planning, design, and construction of all new and existing transportation projects to consider the needs of all modes of travel to create safe, livable and inviting environments for all users of the system.
Mobility
Goal 3. Public right-of-ways supporting a multi-modal and people-oriented transportation system that provides diversity and flexibility on how users choose to be mobile Policy:
· 3.5 Incentivize other modes. Incentivize local shuttle/trolley services, rideshare and car share programs, and developing infrastructure that support low carbon vehicles Fiscal Impact:
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There is no fiscal impact associated with the recommended action.
Attachments:
1. Draft Support Letter for AB 2432
2. Draft Support Letter for AB 2074
Respectfully Submitted by: Douglas Krauss, Environmental Program Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Approved: Suja Lowenthal, City Manager
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City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885
May 11, 2022
The Honorable Al Muratsuchi
Assemblymember, 66th District
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0066
RE: AB 2432 (Muratsuchi) Neighborhood electric vehicles: County of Los Angeles: South Bay cities area. – SUPPORT
Dear Assemblymember Muratsuchi,
On behalf of the City of Hermosa Beach, I am writing to express our support for AB 2432 (Muratsuchi). This bill will allow cities within the South Bay region of Los Angeles County to adopt neighborhood electric vehicle (NEV) plans. The South Bay Cities Council of Governments (SBCCOG) is working with cities to implement the South Bay Local Travel Network (LTN). As part of that initiative, cities may need to display road markings and signage that would notify all road users that those streets are designated for the use of NEVs. That process requires the state authorize cities to adopt NEV plans.
Over the past decade, SBCCOG research has shown that approximately 70% of trips in the South Bay are within three miles of a person’s home, a distance too far to walk but too short for the infrequent transit service that exists. This causes people to use a personal vehicle to travel short distances. Despite significant efforts, electric vehicle adoption remains low, meaning most of these short trips are made in greenhouse gas (GHG) emitting gas-powered vehicles.
Through grants from LA Metro and Caltrans, the SBCCOG developed the LTN, providing a network of signed, safe, and slow-speed local streets that connect neighborhoods to destinations throughout the subregion. The SBCCOG believes that once implemented, individuals will be encouraged to convert some of those trips to NEVs, e-bikes, or other clean micromobility modes, particularly if the purchase of those vehicles is incentivized through a rebate program as proposed in AB 2074 (Gipson). Converting trips to these zero-emission vehicles will help the state meet GHG reduction targets as well as reducing congestion on major arterials. 108
City of Hermosa Beach
For these reasons, the City of Hermosa Beach supports AB 2432. Should you have any questions, contact our City Manager, Suja Lowenthal, at [email protected].
Sincerely,
Michael Detoy
Mayor of Hermosa Beach
Copy: South Bay Cities Council of Governments (via email to [email protected]) Al Muratsuchi, Assemblymember, [email protected] Jorge Morales, Legislative and Governmental Affairs Consultant, California Contract Cities Association, [email protected]
Jeff Kiernan, Regional Public Affairs Manager, Cal Cities [email protected] 109
City of Hermosa Beach
Civic Center, 1315 Valley Drive, Hermosa Beach, CA 90254-3885 May 11, 2022
The Honorable Mike Gipson
Assemblymember, 64th District
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0064
RE: AB 2074 (Gipson) Air Quality Improvement Program: micromobility devices. – SUPPORT Dear Assemblymember Gipson,
On behalf of the the City of Hermosa Beach, I am writing to express our support for AB 2074 (Gipson). We strongly support efforts to incentivize Californians to purchase electric vehicles and encourage a cleaner mode of travel. AB 2074 would create a rebate program for the purchase of micromobility devices which are low-speed vehicles powered by an electric powertrain with a top speed of 25 miles per hour. These vehicles include devices such electric bicycles, tricycles, scooters, skateboards, and neighborhood electric vehicles/golf-carts.
As climate change accelerates, the state must do more to encourage individuals to shift travel modes into cleaner battery powered modes of transportation. Despite California’s incentives towards the purchase of full-size electric vehicles (EVs) over the past several years, EV adoption remains low. AB 2074 would help reduce the costs of micromobility devices that are more affordable to most Californians than a Tesla or similar full-size EV. The entire range of micromobility devices should be incentivized so that all Californians can do their part to reduce travel-related greenhouse gas emissions.
For these reasons, the City of Hermosa Beach supports AB 2074. Should you have any questions, contact our City Manager, Suja Lowenthal, at [email protected].
Sincerely,
Michael Detoy
Mayor of Hermosa Beach
Copy: South Bay Cities Council of Governments (via email to [email protected]) Jeff Kiernan, Regional Public Affairs Manager, Cal Cities [email protected] Jorge Morales, Legislative and Governmental Affairs Consultant, California Contract Cities Association, [email protected]
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0264
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
A RESOLUTION OF THE CITY OF HERMOSA BEACH PROVIDING NOTICE OF THE CITY’S
INTENT TO WITHDRAW FROM THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA)
(Human Resources Manager Vanessa Godinez)
Recommended Action:
Staff recommends City Council adopt a resolution (Attachment 1) providing notice of the City’s intent to withdraw from the Independent Cities Risk Management Authority (ICRMA).
Executive Summary:
The City of Hermosa Beach currently contracts with the Independent Cities Risk Management Authority (ICRMA) for insurance and risk management products and programs. To ensure costeffective service delivery and reduction of financial risk, staff recommends conducting a review of the various insurance options available to the City. Providing a notice of the City’s intent to withdraw from ICRMA would allow the minimum noticing period to begin while staff concurrently conducts its review.
Background:
The City of Hermosa Beach has been a member of Independent Cities Risk Management Authority (ICRMA) since 1985. ICRMA is currently comprised of 16 Southern California cities including Adelanto, Bell, Downey, El Monte, El Segundo, Fullerton, Glendora, Hawthorne, Hermosa Beach, Huntington Park, Inglewood, Lynwood, Monterey Park, San Fernando, Santa Ana, and South Gate.
The City is enrolled in the self-insured risk-sharing pool for general liability and workers’ compensation programs, along with property, cyber, and crime programs. The term ‘risk sharing pool’ refers to the pooling of risks among a group of entities, generally in a Joint Powers Authority (JPA).
Member cities join to share losses within the pooled layer. The annual premium amount each member pays for programs is the best actuarial estimates of what will be needed to fund the claims for a given program year. Currently, ICRMA’s cost allocation formulas for the General Liability and Workers Compensation programs are 70 percent 10-year losses and 30 percent exposure (payroll). .
At its February 27, 2018 meeting, City Council directed staff to continue membership with City of Hermosa Beach Page 1 of 3 Printed on 5/6/2022
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Independent Cities Risk Management Authority (ICRMA).
Past Council Actions
Meeting Date Description
February 27, 2018 City Council direct staff to continue membership with Independent Cities Risk Management Authority (ICRMA)
Discussion:
To ensure cost-effective service delivery and reduction of financial risk, staff recommends conducting a study of the various insurance options available to the City. This due-diligence analysis would take place over the next six months, at which point the City would have the appropriate information to make an informed decision regarding the best insurance option.
The current ICRMA Bylaws (Attachment 2) require the City provide ICRMA the Notice of Intent to Withdraw no later than July 1 of the preceding year. Notice received after that date shall be considered untimely. The City may revoke such notice by subsequently notifying ICRMA of its revocation by December 1 of the preceding year. Such revocation must be supported by the Council resolution or meeting minutes of the City authorizing such action.
Adoption of the attached resolution (Attachment 1) would preserve the City's right to withdraw from ICRMA if the study shows the City would be better off with another option. Should the analysis, currently underway, demonstrate that ICRMA continues to be the best option for the City, Council will be asked to rescind the resolution at a future meeting.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.
Policies:
· 1.1 Open meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.
· 1.6 Long-term considerations. Prioritize decisions that provide long-term community benefit and discourage decisions that provide short-term community benefit but reduce long-term City of Hermosa Beach Page 2 of 3 Printed on 5/6/2022
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opportunities.
Fiscal Impact:
There is no fiscal impact associated with the recommended action.
Attachments:
1. Draft Resolution
2. Independent Cities Risk Management Authority (ICRMA) Bylaws Respectfully Submitted by: Vanessa Godinez, Human Resources Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
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RESOLUTION NO. 2022-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, PROVIDING NOTICE OF THE
CITYS INTENT TO WITHDRAW FROM THE INDEPENDENT
CITIES RISK MANAGEMENT AUTHORITY (ICRMA)
WHEREAS; the Independent Cities Risk Management Authority (ICRMA) provides variety of pooled insurance products to its member cities;
WHEREAS, the City of Hermosa is currently an ICRMA Member and participates in various ICRMA insurance programs;
WHEREAS, the Joint Exercise of Powers Agreement for Insurance and Risk Management Purposes and the By-laws of the ICRMA establish the guidelines for participation in the insurance and other related programs offered by ICRMA and further provide the process for withdrawal from the ICRMA;
WHEREAS, the City of Hermosa Beach would like to perform a duediligence analysis of its current method for providing insurance and related programs;
WHEREAS, the City of Hermosa Beach wishes to preserve its right to withdraw from ICRMA should the current analysis show that withdrawal would be advantageous to the City;
WHEREAS, the City of Hermosa Beach may elect to adopt a resolution rescinding this notice to withdrawal should the current analysis show that withdrawal would not be advantageous to the City; and
WHEREAS, the ICRMA program by-laws require a Member to provide specific notification of intent to withdraw via the adoption of a governing body resolution.
NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City will withdraw from the Independent Cities Risk Management Authority at the end of the next program year, effective at 11: 59 p.m. on June 30, 2023.
PASSED, APPROVED, and ADOPTED this 10th day of May, 2022. 114
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_________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California
ATTEST: APPROVED AS TO FORM:
__________________________ __________________________
City Clerk, Myra Maravilla City Attorney, Michael Jenkins 115
ICRMA BYLAWS
Effective August 12, 2021
116
As Approved 8/12/2021
*** ICRMA General Counsel reviewed and approved prior to Board vote. Page 2 of 15 Change Record
Date Description
3/1/2018 The Board approved this restatement of ICRMA’s bylaws at its March 1, 2018 meeting as follows:
They will become effective on July 1, 2018.
Board members (voting and alternate) seated as of March 1, 2018 will be exempted from the following provision until they resign, are removed, or the seat becomes vacant. At that point, the replacement must comply with this provision.
ARTICLE VII – DIRECTORS
B. Eligibility & Appointment
3. Eligibility – Directors must be 1) elected officials, OR 2) City Managers, OR 3) hold positions with authority equivalent to a Department Director within the Member hierarchy; OR 4) be dedicated (full time) to risk management for the Member and approved for appointment by the ICRMA Board.
In addition to replacing the current ICRMA bylaws, approval of this document incorporates and thus supersedes the following stand-alone policies:
o Administrative Committee Roles and Responsibilities adopted December 12, 2007 o Dispute Resolution Policy adopted April 17, 2008
o Mission statement adopted February 7, 2010
o Policy Regarding Recusal of Member City adopted August 15, 2001 8/12/2021 Article VII.B - Clarified Board Director eligibility applies only to elected officials and certain employees.
Article VIII.E.2 - Revised solicitation process for Officer positions. Article XI.K-M - Revised settlement authority to include the Property and Auto Physical Damage programs.
Article XI.N - Clarified that claims audit requirements only apply to the Liability and Workers’ Compensation Programs.
Article XIII - Revised: 1) in Section H.2. to allow for a transfer of funds between program years when the conditions of the Net Asset Policy are met, 2) in Section I.1. to allow the Board more discretion in determining an appropriate amount to assess, and 3) in Section I.2.c to match the language in the Net Asset Policy.
Article XVII - Revised to not require special notice to the Board of proposed Bylaws changes.
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As Approved 8/12/2021
*** ICRMA General Counsel reviewed and approved prior to Board vote. Page 3 of 15 Table of Contents
ARTICLE I – PURPOSE
ARTICLE II – DEFINITIONS
ARTICLE III – BROWN ACT
ARTICLE IV – NOTICE
ARTICLE V – MEMBERSHIP
A. Eligibility
B. Application
C. Obligations of Membership
D. Surcharges
E. Default of Member Obligations
F. Voluntary Withdrawal
G. Following Withdrawal or Expulsion
ARTICLE VI – BOARD OF DIRECTORS
A. Authority
B. Composition
C. Decision-Making
D. Quorum
E. Meetings
ARTICLE VII – DIRECTORS
A. Terminology
B. Eligibility & Appointment
C. Form of Appointment
D. Director Authority
E. Conflicts of Interest
F. Resignation, Removal & Vacancy
ARTICLE VIII – OFFICERS
A. Number
B. Duties
C. Eligibility for Office
D. Terms of Office
E. Elections
F. Vacancy
ARTICLE IX – COMMITTEES
A. Formation
B. Claims Committee
C. Nominations Committee
ARTICLE X – ADMINISTRATION
A. Executive Director
B. Legal Counsel
C. Authority to Contract
D. Directors & Officers Insurance
E. Claims Against ICRMA
ARTICLE XI – COVERAGE PROGRAMS
A. Purpose
B. Authority
C. Bylaws
D. Coverage Terms
E. Participation
F. Conflicting Representation
G. Retained Limits
H. Excess Coverage
I. Claims Procedures
J. Claims Committee
K. Settlement Authority
L. Claims Audit
ARTICLE XII – DISPUTE RESOLUTION
A. Defined
B. Scope
C. Procedure
ARTICLE XIII – FINANCIAL MATTERS
A. Fiscal year
B. Budget
C. Audit
D. Board Compensation & Expenses
E. General Administration of Funds
F. Program Accounting
G. Member Contribution
H. Dividends
I. Assessments
J. Deposit & Investment of Funds
ARTICLE XIV – TERMINATION & DISTRIBUTION
A. Termination
B. Distribution of Assets
C. Durability in Wind-Down
ARTICLE XV – TORT LIABILITY
ARTICLE XVI – EFFECTIVE DATE & SUPERSESSION
ARTICLE XVII – AMENDMENTS
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*** ICRMA General Counsel reviewed and approved prior to Board vote. Page 4 of 15
ICRMA BYLAWS
ARTICLE I – PURPOSE
The Independent Cities Risk Management Authority (ICRMA) is a public entity established for the purpose of operating and maintaining a cooperative program of self-insurance, jointly purchased insurance coverage, and risk management; and to provide a forum for the discussion, study, development, and implementation of procedures of mutual benefit in risk sharing and risk management programs.
Its stated mission is to be the premier member-focused association of California public entities, joined together to protect member resources by managing the cost of risk, by providing its members with comprehensive risk management services and broad coverage, resulting in cost stabilization and effective risk solutions.
Further objectives may be provided for in the ICRMA Joint Powers Agreement (the Agreement) or ICRMA’s Governing Documents. 1 ARTICLE II – DEFINITIONS
Unless expressly provided otherwise, terms used in these Bylaws are as defined in the Agreement and/or Memoranda of Coverage.
ARTICLE III – BROWN ACT
ICRMA shall act in accordance with the Ralph M. Brown Act (Government Code §54950 et seq., hereinafter the “Brown Act”).
ARTICLE IV – NOTICE
Unless otherwise specified, any notice to be given or to be served in connection with these Bylaws must be in writing (i.e., mail, email, or other means of written communication) and will be deemed to have been given and received when delivered personally, by mail, email, or other form of notice acceptable under the Brown Act using the contact information as shown on ICRMA’s records.
ARTICLE V – MEMBERSHIP
A. Eligibility – The Agreement defines Member eligibility under California law, and each party to the Agreement is a Member.
B. Application – In order to become a Member, a governmental agency must agree to:
1. Be bound by ICRMA’s Governing Documents,
2. Participate in ICRMA’s liability program (minimum participation required), AND
3. Comply with all requirements set forth in ICRMA’s Underwriting Policies then in effect and as subsequently modified.
The Board of Directors (the Board) approves or disapproves applications per ICRMA’s Underwriting Policies then in effect.
C. Obligations of Membership – The obligations of a Member include but are not limited to those listed below. Failure to comply in any way may subject the Member to penalties, up to and including expulsion from ICRMA.
1. Minimum Commitment – Upon acceptance, the Member shall commit to three (3) full years of membership in ICRMA.
Subsequently, the Member shall commit to at least one (1) full year per renewal. The Member may apply to participate in any coverage program. However, it must maintain participation in the liability program order to remain a member of ICRMA.
2. Active Engagement – ALL current members shall appoint a representative to the Board and attend meetings.
3. Payments – ALL current AND past members shall be responsible for:
a Contributing their share of premiums or funds to any fund or insurance program created by the Authority AND b Paying their respective share of ICRMA expenses UNTIL ALL claims or other unpaid liabilities, covering the period ICRMA’s the Member’s participation in the program have been
1 As defined in the Agreement, ICRMA’s Governing documents include the Agreement, ICRMA’s Bylaws, the Memoranda of Coverage and any other document stipulated as a Governing Document in the Bylaws or by action of the Board of Directors. 119
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These obligations include payment of assessments, retrospective adjustments, as well as any other amounts due and payable.
The Board determines all such amounts.
4. Data – ALL current AND past members shall be responsible for providing timely, accurate and factual data required by ICRMA to determine appropriate cost of coverage, evaluate claims exposure, manage programs, or otherwise facilitate operations of ICRMA. As a result, the Member may be required to disclose activities not usual and customary in their operation. The obligation to provide timely data does not cease with withdrawal, expulsion, or termination of any program.
5. Cooperation – The Member shall at all times cooperate with ICRMA in regard to ICRMA’s underwriting and claims activities, which shall include the collection of loss data in accordance with ICRMA’s Third Party Claims Administration Data Request Standards. Cooperation with ICRMA includes but is not limited to cooperation with its Executive Director, program managers, Claims Committee, claims adjusting company, and loss control personnel.
6. Accountability – All Members shall be held accountable for understanding and abiding by ICRMA’s Governing Documents, as well as any changes thereto.
D. Surcharges – Failure by a Member to meet some obligations are immediately subject to surcharges as follows:
1. Delinquent Payments – Members with delinquent amounts due to ICRMA will be assessed a surcharge as follows unless other arrangements for payment have been approved by the Board:
a One percent (1%) of the unpaid amount due to ICRMA 30 days after the initial invoice due date. b A surcharge of another one percent (1%) accrues after an additional 45 days.
2. Delinquent Data – Applications that are incomplete or not timely received by ICRMA prior to the beginning of the new program year will subject the member entity to a surcharge in accord with ICRMA’s Governing Documents.
3. Implementation of Surcharges – Interest accrues on all delinquent amounts due and payable to ICRMA at the applicable rate of 10% per year from the due date of the billing until the date finally posted by the designated financial institution. a For the purpose of assessing surcharges and interest, the fee calculation shall be based on each calendar day the delinquent amount is late, notwithstanding the foregoing. b No surcharge may exceed the maximum authorized by law. c The Board may waive or reduce a surcharge for good cause shown by the Member, no more than once per five (5) years. d Each Member shall indemnify ICRMA from expenses resulting from its failure to pay sums on or before their due date.
4. Appeals – A Member may appeal any surcharge assessed here in accordance Article XII of these bylaws.
E. Default of Member Obligations – The Agreement allows for expulsion of Members following material breach per provisions to be included in these Bylaws. As such, this Section defines expulsion and other remedies for default of member obligations.
1. Definition – The following are "defaults" under the Agreement and these Bylaws:
a Failure by a Member to observe or perform any covenant, condition, or agreement under ICRMA’s Governing Documents;
b Consistent failure by a Member to attend meetings, respect Board decision-making authority, or otherwise circumvent ICRMA’s integrity as a joint powers agency;
c Consistent failure to cooperate fully in the fulfillment of the ICRMA objectives, including but not limited to:
i Submission of requested documents and information;
ii Cooperation with any insurer, claims adjuster, legal counsel or other service provider engaged or retained by ICRMA in all matters relating to ICRMA.
d Failure to pay ANY amounts, including surcharges, penalties and interest, due to ICRMA for more than 30 days; e The filing of a petition applicable to the Member in any proceedings instituted under the provisions of the Federal Bankruptcy Code or under any similar act which may hereafter be enacted; OR f Any condition of the Member that the Board of Directors believes is unduly detrimental to ICRMA. 120
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2. Remedies Available to ICRMA on Default
a Scope – ICRMA may exercise any and all remedies available pursuant to law or granted pursuant to the Agreement and these Bylaws whenever a default as defined in this Article occurs. i No remedy contained in these Bylaws is intended to be exclusive. ii Available remedies include, but are not limited to, imposing a penalty or assessment, cancellation of Member’s coverage, expulsion from a risk management program, and/or expulsion of the Member from ICRMA. b Process
i The Board will give a Member in default 30 days’ notice of its intent to deliberate on a remedy for said default. ii Remedies will be effective on the date prescribed by the Board. iii The Board has discretion to impose conditions for curing any default, and for reinstating the Member to its rights. c Cancellation of Coverage under a Program – Upon any default, the Board may:
i Temporarily cancel any or all rights of the defaulting Member in any program in which such Member is in default until such time as the condition causing default is corrected and/or other conditions are met (e.g., the Board may temporarily suspend coverage if a Member fails to pay its contribution); OR ii Permanently cancel any or all rights of the defaulting Member in any program in which such Member is in default. d Involuntary Termination or Expulsion – The Board may expel any Member that is in default as defined in these Bylaws.
Such expulsion will be effective on the date prescribed by the Board, but not earlier than 30 days after notice of expulsion has been personally served on or sent via certified mail to the Member. e No Additional Waiver Implied – No delay or omission to exercise any right or power accruing upon any default shall impair any such right or shall be construed to be a waiver thereof. Further, in the event any condition contained in ICRMA’s Governing Documents is breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived, and shall not be deemed to waive any other breach hereunder.
3. Agreement to Pay Attorney's Fees and Expenses – In the event either ICRMA or a Member is in default and the other party employs attorneys or incurs expenses for the collection of moneys, the enforcement of performance, or observance of any obligation under the Agreement on the part of the defaulting party, the losing party shall pay to the other party the reasonable fees of such attorneys and such other expenses so incurred by the other party.
F. Voluntary Withdrawal – Member withdrawal from any or all programs must be in accord with ICRMA’s Governing Documents.
1. Limitations
a No withdrawal may become effective EXCEPT at the close of a program year. b A Member providing untimely notice shall be responsible for the full cost of the subsequent year’s contribution. c A Member may NOT withdraw prior to the end of its initial three (3) year commitment period and shall be obligated, in all cases, for payment of its ENTIRE annual contribution for those three (3) years.
2. Notice of Intent to Withdraw
a In order to be effective, notice of intent to withdraw from ICRMA or to terminate participation in a specific program must be from the City Manager or other duly authorized official of the Member AND must be accompanied by the Council resolution or meeting minutes of the Member authorizing such action. b In order to be timely for a given program year beginning July 1, notice must be received by ICRMA no later than July 1 of the preceding year. Notice received after that date shall be considered UNTIMELY and thus INEFFECTIVE. c The Member may revoke such notice by subsequently notifying ICRMA of its revocation by December 1 of the preceding year. Such revocation must be supported by the Council resolution or meeting minutes of the Member authorizing such action. However, that support may arrive following communication to ICRMA of the Member’s revocation.
3. Reapplication – A Member, which has voluntarily withdrawn from ICRMA or a specific program, may reapply for membership.
G. Following Withdrawal or Expulsion
1. NEITHER WITHDRAWAL NOR EXPULSION FROM ICRMA OR ANY OF ITS PROGRAMS RELIEVES ANY MEMBER OF ANY RIGHTS, OBLIGATIONS, LIABILITIES, OR DUTIES DURING THOSE PROGRAM YEARS, IN WHICH THE ENTITY PARTICIPATED. 121
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2. Neither the withdrawal nor the expulsion of any Member from any program shall require the repayment or return to that Member of all or any part of any contributions, payments, advances, or distributions except in conformance with the provisions set forth herein and in ICRMA’s Governing Documents.
ARTICLE VI – BOARD OF DIRECTORS
A. Authority – ICRMA is governed by its Board of Directors (the Board). The Board has the responsibility and authority to perform all relevant functions, and make all decisions affecting ICRMA’s programs, consistent with the powers of ICRMA and not in conflict with the Agreement or other ICRMA Governing Documents.
Actions properly approved or taken by the Board shall be binding on all Members regardless of the vote of any individual Director or her/his presence when the action was taken.
The Board may delegate its responsibilities EXCEPT for:
1. Those requiring a vote by the Board as specified in the Agreement and ICRMA’s Governing Documents, OR
2. Those listed here:
a Accept a new Member into ICRMA;
b Alter a Member’s retained limit;
c Adopt a budget;
d Amend its Governing Documents, including these Bylaws; e Approve contracts for ICRMA administrative services and legal counsel; f Approve dividends to and/or assessments of Members;
g Establish, amend, or terminate a program;
h Settle matters in excess of the Claims Committee authority; i Approve indebtedness;
j Expel, terminate or suspend the rights of a Member; and k Approve dissolution of ICRMA.
B. Composition – The ICRMA Board is comprised of one (1) Director appointed by each Member agency.
C. Quorum – Quorum for the transaction of business is defined in the Agreement.
D. Decision-Making – All matters within the purview of the Board may be decided by a simple majority (over 50%) vote of the Board present, EXCEPT for the following matters specified as requiring a two-thirds majority vote of the full Board:
1. Approve indebtedness;
2. Expel, terminate or suspend the rights of a Member; and
3. Approve dissolution of ICRMA.
E. Meetings
1. Regular Meetings – The Board holds regular meetings each year at the time and place of its choosing.
2. Special Meetings – The President OR a majority (over 50%) of the Board may call a special meeting.
3. Conference Telephone – Directors may participate in a meeting by teleconference in compliance with the Brown Act.
ARTICLE VII – DIRECTORS
A. Terminology – In these Bylaws the term “Director”, unmodified, refers to the Voting Director as well as any appointed alternates.
B. Eligibility & Appointment
1. Voting Director – Each Member agency is required to appoint one (1) Voting Director to the Board.
2. Alternates – A Member may appoint no more than two (2) alternates in order to ensure attendance at Board meetings.
3. Eligibility – Directors must be 1) elected officials of the Member, OR 2) City Managers performing services exclusively for the Member, OR 3) Employees of the Member holding positions with authority equivalent to a Department Director within the Member hierarchy; OR 4) Employees of the Member dedicated (full time) to risk management for the Member and approved for appointment by the ICRMA Board.
C. Form of Initial or Changed Appointment
1. ICRMA must receive notice of an appointment BEFORE it can become effective.
2. All appointments shall be made via Member Council resolution.
3. All appointments must be of a specifically named individual or specific position (e.g., City Manager). 122
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4. Appointments by position must provide specific contact information with the initial resolution.
5. The Board may approve or reject appointment of a specific individual and request that the Member select another.
D. Director Authority
1. General – Each Director is individually expected to:
a Meet all legal obligations of Board service,
b Perform all duties set forth in ICRMA’s Governing Documents, and c Serve with keen attention to ICRMA’s purpose and high professional standards
2. Voting Rights
a ICRMA allows no proxies. Thus, Voting Directors and alternates exercise independent judgment in all ICRMA matters including but not limited to voting, making motions, or otherwise acting in a governance capacity at a Board meeting. b In no instance may a Member have more than one vote on any item before the Board or have more than one appointee vote, make motions, or otherwise act in a governance capacity during a single meeting. Therefore, when the Voting Director is in attendance, only she/he votes, makes motions, or otherwise acts in a governance capacity at a Board meeting. An alternate may do these things in the Voting Director’s absence. c A Member shall notify ICRMA of an anticipated Voting Director absence as soon as practicable, at which point the Member will declare which alternate will exercise its voting rights for a given meeting.
3. Recusal – Whenever a member city is involved in litigation with ICRMA, the representative of that member city may not participate in, nor be present during, any discussion related to that litigation between ICRMA counsel and the ICRMA Board or any of its committees, nor may any legally privileged communication between ICRMA's counsel and the Board or the Committee be distributed to the representative of the member city.
E. Conflicts of Interest – ICRMA’s Conflict of Interest Policy incorporates by reference California Code of Regulations, §18730, and any amendments thereto.
F. Resignation, Removal & Vacancy
1. Resignation – A Director may resign at any time by giving notice of resignation to the ICRMA Executive Director. Such resignation is immediate unless otherwise specified. Acceptance of such resignation is not necessary to make it effective.
2. Removal
a By the Board – The Board may request removal of any Director for cause. Cause for removal of a Director includes, but is not limited to, two (2) or more consecutive absences, failure to adhere to approved code of conduct, repeated failure to fulfill the duties set forth these bylaws or other board-approved policy statements, repeated failure to address conflicts of interest, or other actions that jeopardize IRCMA or the Board’s governance function. b By the Member – The appointing Member may remove its Director(s) with or without cause. c Automatic – Termination of office or employment with the appointing Member automatically terminates a Director’s appointment to the Board.
3. Vacancy – The respective Member shall promptly fill any Board vacancy regardless of its cause.
ARTICLE VIII – OFFICERS
A. Number – ICRMA has four (4) Officers – President, Vice President, Treasurer, and Secretary – as set forth in these Bylaws.
B. Duties – All Officers are expected to maintain regular meeting attendance and to ensure that ICRMA affairs are carried out consistent with its mission, Bylaws, and Governing Documents. In addition, individual offices have specific duties as follow:
1. President – The President has such powers and duties as the Board may designate from time to time and:
a Chairs ICRMA Board meetings;
b Unless otherwise specified, appoints the members of ICRMA committees; c Executes documents on behalf of ICRMA as authorized by the Board, or delegates this to the Executive Director; d Serves as the primary liaison between ICRMA and any other organization; e Serves on all committees; and
f Appoints the Investment Delegate in accordance with Government Code §53607 and ICRMA’s Investment Policy. 123
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2. Vice President – The Vice President serves as required in the President’s absence with all the attendant powers and duties.
The Vice President also serves on all committees. The Vice President has such other powers and performs such other duties as the Board may designate.
3. Secretary – The Secretary is responsible for ICRMA minutes, notices and records as well as such other duties as the Board may assign.
4. Treasurer – The Treasurer:
a Ensures ICRMA funds, accounts, and property, are maintained in accordance with the California Government Code; b Supervises the maintenance of such records to ensure they are in accordance with accepted accounting practices and procedures prescribed by the Government Accounting Standards Board (GASB); c Provides for inspection of all financial records;
d Serves as Investment Delegate in accordance with Government Code §53607 and ICRMA’s Investment Policy; e Oversees, monitors and reports on investment action; and f Oversees and monitors the financial audit.
C. Eligibility for Office – Any Director may serve as President, Vice President, Treasurer or Secretary, provided that NO Member has more than one representative in office at any time.
D. Terms of Office – Officers serve two- (2)-year terms commencing with the start of the fiscal year unless otherwise specified.
During said terms, officers serve until resignation or removal in accordance with Article VII.F of these Bylaws, whichever is earliest.
E. Elections
1. Frequency & Timing – The Board holds annual elections in order to stagger officer terms. Elections generally occur at the last regular Board meeting of the fiscal year according to Board-approved procedure.
2. Nominations – The ICRMA Executive Director or their designee, or the Nominating Committee as needed or if deemed appropriate, solicits for and receives nominations and presents candidates for office to the Board at the last regular Board meeting of the fiscal year. Nominations may also be made at the time of the meeting, provided the candidate(s) meet the requirements set forth in these Bylaws or other ICRMA Governing Documents.
3. Determining the Outcome – Candidates receiving a majority of votes in each office succeed to those offices. If no nominee receives a majority vote, the nominee with the least votes will be deleted as a nominee and a new vote taken. This elimination process continues until one nominee receives a majority vote. If two or more nominees are tied with the least votes, then another vote will be taken immediately. If that does not eliminate a nominee, then the President eliminates one of the nominees with the least number of votes by way of a random process of his/her choosing (e.g., a coin flip).
F. Vacancy
1. The President may select a Director to fill an officer vacancy. An officer so selected holds office until the next meeting of the Board, when the Board will vote on the appointment.
2. In the event the office of President becomes vacant, the Vice President assumes all duties and appoints a Vice President. Both officers hold office until the next meeting of the Board, when the Board will vote on the appointment.
ARTICLE IX – COMMITTEES
A. Formation
1. The Board may establish committees as deemed necessary to the work of ICRMA.
2. The President may appoint ad hoc committees at any time.
B. Claims Committee
1. Authority
a The Claims Committee has the responsibility and authority to perform all functions delegated to it by the Board and make all decisions affecting ICRMA Programs, provided that such functions and decisions are consistent with the powers of ICRMA and are not in conflict with ICRMA’s Governing Documents. b Specifically, the Committee is responsible for reviewing all aspects of each program, including, but not limited to:
i Claims handling, review and settlement as provided herein; 124
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iii Litigation Management Procedures;
iv Proposals for Claims Adjusters, Claims Auditors, and Legal Defense Services; v Negotiating and approving contracts within its scope, $50,000 or less, and within the approved budget; and vi Items referred by the Board.
c Limitations
i The Committee forwards recommendations to the Board for approval. ii Any claim above the Committee’s authority must be brought to the Board for approval.
2. Disputes Regarding Management of a Claim – Any claims settlement or arbitration decision made by the Claims Committee may be appealed. Such appeal shall be in accordance with the Memoranda of Coverage.
3. Composition & Appointment
a The Claims Committee consists of twenty (20) to forty (40) percent of the Board up to a maximum of seven (7) members. b The Claims Committee recommends Directors to its available seats, making efforts to include:
i A balanced mix of Members from each program, and
ii At least one (1) individual working in each of the following: Risk Management, Finance, Legal, Human Resources, and Administration.
c The Board approves Committee appointments ensuring that no Member holds more than one representative appointee to the Committee at any given time.
d The Claims Committee members serve three- (3) year terms. e Anyone on the Claims Committee who was appointed by a Member that has announced its intent to withdraw from ICRMA loses her/his eligibility to serve on the committee following the December 1 deadline to rescind said notice.
4. Attendance – Claims Committee meeting attendance is essential to ICRMA business. A Claims Committee member missing two (2) meetings in a fiscal year shall be subject to Board review concerning forfeiture of his/her seat on the Committee.
5. Vacancies – The President may fill Committee vacancies by appointment. A committee member so selected serves until the next meeting of the Board, when the Board will vote on the appointment.
6. Meetings
a Chair – The Claims Committee elects a Chair and Vice Chair from among its number. In the absence of or inability of the Chair to act, the Vice Chair acts as Chair. If either the Chair or Vice Chair ceases to be eligible to serve on the Committee, the Claims Committee will fill the resulting vacancy at its next meeting. b Frequency – The Claims Committee meets as required but not less than four (4) times a year. c Quorum – A majority of the appointees to the Claims Committee shall be quorum for the transaction of business. d Proxy – No proxies are allowed for Claims Committee business.
C. Nominating Committee – The President periodically appoints three (3) to five (5) Directors to serve as Nominating Committee for the purpose of officer elections.
ARTICLE X – ADMINISTRATION
A. Executive Director – The Board appoints ICRMA’s Executive Director (referred to as “General Manager” in some ICRMA Governing Documents). The Executive Director is responsible for the daily administration, management, and operation of ICRMA and its programs subject to the direction and control of the Board and as clarified in ICRMA’s Governing Documents, relevant job descriptions and/or contracts. The Executive Director may, but need not be, an employee of ICRMA, a consultant, or a corporation contracted to serve.
B. Legal Counsel – The Board approves legal counsel to advise on matters relating to the operation of ICRMA. ICRMA has the right to pay such legal counsel reasonable compensation for said services. 125
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Unless so authorized by the Board, no officer, agent, or employee has any power or authority to bind ICRMA by any contract or to pledge its credit or to render it liable for any purpose or to any amount.
D. Director & Officers Insurance – ICRMA may purchase insurance indemnifying the Directors, Officers, and Administrative staff for personal liabilities arising out of wrongful acts in the discharge of their duties to ICRMA or may elect to self-insure such risk.
E. Claims Against ICRMA – Claims against ICRMA shall be presented to the mailing address of ICRMA.
ARTICLE XI – COVERAGE PROGRAMS
A. Purpose – ICRMA establishes programs of risk sharing, insurance, and risk management services in such areas as the Board may determine, including but not limited to property, workers' compensation, liability and benefits. The purpose in establishing each ICRMA Program is to create a method for providing coverage for legal exposures incurred by the Member and ICRMA, as provided in the related Memoranda of Coverage.
B. Authority – ICRMA’s Programs have been organized under authority granted by, and shall be conducted in accordance with the laws of, the State of California and the standards set forth by the California Association of Joint Powers Authorities (CAJPA) in its accreditation standards.
C. Bylaws – These Bylaws are applicable to all ICRMA programs as operationalized through ICRMA’s Governing Documents.
The Agreement further requires Board approval of program Bylaws in order for each program to become operational with the full authority of ICRMA and the powers specifically delegated to it by the Board. The specific requirement of program Bylaws is met with passage of each program’s authorizing ICRMA Resolution and approval of its Memoranda of Coverage or relevant policies.
D. Coverage Terms – Each ICRMA coverage program provides coverage under the terms and conditions set forth in its Memoranda of Coverage and/or related policy documents. The amount of coverage to be pooled and/or purchased is at the discretion of the Board. Although Programs are provided to the Members under those terms and conditions which prevail when the Member joins, ICRMA’s Board retains the right to alter the terms and conditions of the program in response to the needs and abilities of program participants, as well as in response to availability of coverage from outside sources.
E. Participation – Any Member may apply to participate in an ICRMA program by complying with all requirements set forth in ICRMA’s Governing Documents then in effect and as subsequently modified. The Board may approve or disapprove the application consistent with ICRMA’s Governing Documents then in effect and as subsequently modified.
If accepted, the Member shall commit to three (3) full years of participation in the program. Subsequently, the Member shall commit to at least one (1) full year of participation per renewal.
F. Conflicting Representation – After being notified in writing that one Member of ICRMA has filed a formal claim, which could be reasonably construed to seek damages covered by a Memoranda of Coverage, against another Member, in accordance with provisions of the California Government Code, ICRMA will no longer act, on behalf of either Member with respect to such claim, without written consent from ALL members involved, insofar as the case giving rise to the claim is concerned. Any action that ICRMA may choose to take is without waiver of any provision or exclusion of any Memorandum of Coverage.
G. Retained Limits – The Member shall pay the amount of each loss, including expenses, which is less than its retained limit.
1. ICRMA establishes the limit of coverage for each coverage program annually. The underlying coverage of the program provides Members retained limits per occurrence, or other limits modified by resolution.
2. If as Member wants to change its retained limit for the beginning of the following program year, it must request the change in writing no later than January 15 of the prior program year.
3. The Board may require a Member to have a retained limit different from the expiring program year, at the inception of a program year and upon written notice sent no later than January 15 of the prior program year.
H. Excess Coverage – The Board shall ensure that each program year is provided with excess coverage for the participants of each program. It is the intent and purpose of ICRMA to continue to provide such coverage to the participants, provided that such coverage can be obtained, and the coverage is not unreasonably priced. This coverage may be obtained from an insurance company, by participating in another pool established under the Government Code as a joint powers authority, or offered through 126
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1. ICRMA pays the premiums for such coverage from the proceeds received as annual contributions from its Members.
2. The Board may alter excess coverage based on insurance market conditions, available alternatives, costs, and other factors.
3. The Board places excess coverage with the competing objectives of security and minimizing cost to each program as a whole.
I. Claims Procedures – The Board adopts claims policies and procedures including reporting procedures, forms, and other vital information that are provided to all program participants. All program participants are accountable for understanding and abiding by ICRMA’s Governing Documents then in effect and as subsequently modified.
J. Claims Committee – The authority and function of the Claims Committee are as described in Article IX of these Bylaws.
K. Liability and Workers’ Compensation Settlement Authority
1. Each Member has authority to settle any claim arising out of any one occurrence, as defined in the Memoranda of Coverage, which does not exceed the amount remaining of the Member’s Retained Limit, including attorney fees and other costs. The Claims Committee reviews these claims from time to time and may offer its recommendation to the Member’s Third Party Administrator (TPA) and the Member regarding settlement.
2. Authority to settle any claim, as defined in the Memoranda of Coverage, in excess of the Retained Limit of the Member involved, is as follows:
a The Executive Director has authority up to $50,000 in excess of the Retained Limit; b The Claims Committee has authority up to $750,000 in excess of the Retained Limit; and c The Board, unless otherwise delegated, retains unto itself the authority to approve settlement of any other claim.
L. Property Settlement Authority
1. Each Member has authority to settle any claim arising out of any one occurrence, as defined in the Memoranda of Coverage, which does not exceed 100% of the amount remaining of the Member Deductible.
2. Authority to settle any claim, as defined in the Memoranda of Coverage, in excess of the Member Deductible, is as follows:
a The Third Party Administrator (TPA) has authority up to $50,000 in excess of the Member Deductible; and b The Executive Director has authority in excess of the TPA’s authority and up to the Self-Insured Retention.
M. Auto Physical Damage Settlement Authority
1. Each Member has authority to settle any claims arising out of any one occurrence, as defined in the Memoranda of Coverage, which does not exceed 100% of the amount remaining of the Member Deductible.
2. Authority to settle any claim, as defined in the Memoranda of Coverage, in excess of the Member Deductible, is as follows:
a The Third party Administrator (TPA) has authority up to the Self-Insured Retention.
N. Liability and Workers’ Compensation Claims Audit
1. The adequacy of claims adjusting for both ICRMA and Members shall be examined at least once every two (2) years.
2. The examination shall be by an independent auditor who specializes in claims auditing.
3. The costs of such claims audit shall be paid by ICRMA.
4. The claims audit report shall address the issues of both adequacy of claims procedures and accuracy of claims data. The report shall be filed with ICRMA and sent to each Member.
ARTICLE XII – DISPUTE RESOLUTION
A. Defined – A “dispute” means complaint or disagreement relating to implementation of ICRMA Governing Documents, policies and procedures that cannot be resolved in the usual course of business despite the best efforts of both parties. This may include but is not limited to, the terms and conditions of membership, obligations of Members and ICRMA, interpretation or application of policies and procedures, and the performance of staff and ICRMA consultants.
B. Scope – The purpose of this Article is to provide Members with a process to address conflicts or disagreements pertaining to membership issues, other than claim handling and coverage issues, in a neutral and expeditious manner by establishing standard procedures for their resolution. All claims and coverage related disputes should be addressed per the Memoranda of Coverage. 127
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1. Formal Request for Resolution
a Submission – Members shall submit disputes to the ICRMA Executive Director in writing, clearly describing the dispute and related facts as well as efforts made to resolve the issue before going to the Board. b Processing – The Executive Director 1) acknowledges receipt, 2) refers the matter to the Board for consideration within ten (10) days of receipt of the written dispute, and 3) places the matter on the agenda for discussion at the next regularly scheduled meeting of the Board. If said meeting is more than sixty (60) days from the date the dispute was raised, a special meeting of the Board will be scheduled to discuss the dispute. c Resolution of Dispute
i The Board will render a written decision to the Member within ten (10) days of the meeting. ii A dispute may be resolved at any stage of the proceedings, and that resolution will be final and binding. iii Likewise, the Member may withdraw a dispute at any stage in the procedure. d Penalties Stayed – Relevant surcharges, penalties and/or interest will not accrue during a dispute.
2. Presidential Request for Resolution – If the President perceives or has information that indicates a dispute pertaining to a membership issue exists; the President may initiate a dispute resolution procedure without written notice as required in a Formal Request for Resolution.
3. Time Limits – Time limits shall be strictly enforced. However, any time limits established in this policy, may be waived or extended by mutual agreement of both the Member and ICRMA, and confirmed in writing.
ARTICLE XIII – FINANCIAL MATTERS
A. Fiscal year – ICRMA’s fiscal year is the period from July 1 of each year through June 30 of the subsequent year.
B. Budget – The Board adopts an annual budget by July 1 of each year, with receipt of a draft budget forty-five (45) days prior thereto. The Board has the authority to extend the deadline if it is unable to adopt a budget by July 1.
C. Audit – The Board shall cause an annual audit of the financial accounts and records of ICRMA to be made by a qualified, independent individual or firm. The minimum requirements of the audit are those prescribed by California law.
D. Board Compensation & Expenses – Directors may not receive compensation for their services. However, ICRMA will reimburse any Director or Officer, who does not otherwise receive compensation, for actual expenses incurred, and reasonable out of pocket expenses of the Director or Officer in the performance of his/her duty on behalf of ICRMA.
E. General Administration of Funds – ICRMA offers participation in a risk sharing pool, covering losses of participants in accordance with the Agreement and the applicable Memorandum of Coverage.
1. The assets of the pooled program shall be maintained at all times as the assets of the participants collectively.
2. The assets may be disbursed only pursuant to the provisions of these Bylaws.
3. Members shall NOT have an individual right to exercise control over said assets except as provided in the Agreement.
4. ICRMA is responsible for the strict accountability of all funds and reports of all receipts and disbursements.
5. ICRMA shall comply with all relevant law, including California Government Code §6505.
F. Program Accounting – The accounting method for each risk management program will be in accordance with the provisions of the Bylaws governing that program and Government Accounting Standards Board principles.
1. Funds received for each program shall be accounted for separately on a full-accrual basis.
2. Each program year shall be accounted for separately, unless the Board approves a multi-year program funding option.
Specifically, the income and expenses of each program year shall be accounted for separately from any other program year's income or expenses.
3. A program year shall not be closed until such time that the Board authorizes closure, being convinced that known claims for the year are all closed and the probability of further claims being discovered is minimal. Any closed years MAY be reopened at any time if deemed necessary and approved by the Board.
4. An independent actuary shall test the condition of each self-insured risk management program of ICRMA on an annual basis. 128
As Approved 8/12/2021
*** ICRMA General Counsel reviewed and approved prior to Board vote. Page 14 of 15 The condition of each open program year within each such program shall be tested to determine its actuarial soundness.
G. Annual Member Contribution – The Board shall approve the annual contribution amount for each Member entity as part of the approved annual budget. The Executive Director recommends rates for each program in conjunction with ICRMA’s actuary or other financial advisors, if deemed necessary. Each Member will be evaluated annually and their contribution amount shall be calculated according to an approved allocation formula or other guidelines approved by the Board. Billing will occur annually with due dates specified and failure to pay consequences as provided in the Bylaws or other ICRMA Governing Documents.
H. Dividends
1. Definition – A dividend is a distribution or allocation of ICRMA funds to members for a given program year when that program year is determined by the Board to be eligible for a dividend distribution according to ICRMA’s Net Asset Policy as articulated in ICRMA’s Governing Documents.
2. Limitations
a The Board may declare dividends ONLY when the conditions of ICRMA’s Net Asset Policy are met. b No such distribution or allocation may be considered to be a dividend unless expressly declared as such by the Board. c ICRMA may transfer funds between program years when the conditions of ICRMA’s Net Asset Policy are met. d Dividends are never required. Any declaration of a dividend will be at the discretion of the Board. e Dividends will be distributed in an equitable manner. Past members shall receive any distribution of dividends based on the same methodology as applied to the current members.
I. Assessments
1. Definition – If the Board determines that a program lacks sufficient funds as described in ICRMA’s Net Asset Policy as articulated in ICRMA’s Governing Documents for a given program year or for the program as a whole, the Board may assess an amount deemed necessary and approved by the Board as sufficient to protect the net assets of the program.
2. Limitations
a The Board may levy assessments when the conditions of ICRMA’s Net Asset Policy are met. b Assessments of participating Members, former or present, will be at the discretion of the Board. c Each Member’s share of the assessment shall be allocated based upon the method by which the annual contributions were collected for the risk-sharing layer of each program year being assessed.
J. Deposit and Investment of Funds – The Treasurer may deposit and invest ICRMA funds, subject to the same requirements and restrictions that apply to the deposit and investment of the general funds of a City incorporated in the State of California and in accordance with ICRMA’s Investment Policy adopted by the Board annually.
ARTICLE XIV – TERMINATION & DISTRIBUTION
A. Termination – The Board’s authority to terminate a program or dissolve ICRMA is as described in Article VI.A of these Bylaws.
B. Distribution of Assets – Upon termination of ICRMA, the assets and liabilities of ICRMA shall be distributed and apportioned among the Members that have been members in its programs, including those Members that previously withdrew or were expelled pursuant to these Bylaws, their predecessors or any other ICRMA Governing Documents in accordance with and proportionate to their contributions and assessments paid. The Board determines such distribution after the last pending claim or loss, covered by the program has been finally resolved and there is a reasonable expectation that no new claims will be filed. Any additional funds received after the above distributions are made shall be returned in proportion to the contributions made.
C. Durability in Wind-down – The Agreement, these Bylaws, and ICRMA continue to exist after termination for the purpose of disposing of all claims, distribution of assets, and all other functions necessary to conclude the obligations and affairs of ICRMA.
ARTICLE XV – TORT LIABILITY
California Government Code §895.2 imposes certain tort liability jointly upon entities solely by reason of such entities being parties to an agreement as defined in §895 of said Code. Therefore, the members hereto, as between themselves, pursuant to the authorization contained in California Government Code §895.4 and 895.6, each assumes the full liability imposed upon it for any of its officers, agents, or employees by law for injuries caused by a negligent or wrongful act or omission occurring in the performance of this agreement, to the same extent that such liability would be imposed in the absence of §895.2 of said Code. To achieve this purpose, each Member indemnifies and holds all other members harmless for any loss, cost, or expense that may be imposed upon such other Member solely by virtue of California Government Code §895.2. 129
As Approved 8/12/2021
*** ICRMA General Counsel reviewed and approved prior to Board vote. Page 15 of 15 ARTICLE XVI – EFFECTIVE DATE & SUPERSESSION
These Bylaws are effective immediately upon the date of approval unless specified otherwise for the purpose of avoiding conflicts among documents. Upon adoption they supersede prior Bylaws and/or amendments thereto. Adoption of these Bylaws shall not affect the Agreement. In the event that a provision in these Bylaws conflicts with the Agreement and/or Memoranda of Coverage the latter shall rule but only to the extent and duration of the conflict.
ARTICLE XVII – AMENDMENTS
The Board may amend or repeal these Bylaws as provided in Article VI.A of these Bylaws. Voting Directors will be given notice of intended amendment or repeal in advance of taking such action. 130
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0312
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
APPROVAL OF FOURTH AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF HERMOSA BEACH AND
THE HERMOSA BEACH CHAMBER OF COMMERCE AND
VISITORS BUREAU TO PROVIDE FIESTA HERMOSAS
(Community Resources Manager Lisa Nichols)
Recommended Action:
Staff recommends City Council:
1. Approve the proposed fourth amendment with the Hermosa Beach Chamber of Commerce and Visitors Bureau to allow for set-up of the Memorial Day 2022 event activities in the Community Center parking lot and on the beach on the south side of the Pier to begin the Thursday prior to the event and tear-down to conclude the Tuesday following the event; and with future requests for additional set-up and tear-down days at the sole discretion of the City; and
2. Authorize the Mayor to execute and the City Clerk to attest the fourth amendment subject to approval by the City Attorney (Attachment 9).
Executive Summary:
The Fiesta Hermosa events have evolved over the last 50 years since it began in 1968 with the events currently taking place on the Memorial Day and Labor Day weekends. The City has executed successive agreements with the Hermosa Beach Chamber of Commerce and Visitors Bureau (Chamber) to produce Fiesta Hermosa with a current agreement in place for Fiesta Hermosa events through 2022.The Chamber has requested an additional set-up day and tear-down day for the event activities in the Community Center parking lot and on the beach on the south side of the Pier beginning with the Fiesta Hermosa of Memorial Day 2022.
Background:
Fiesta de las Artes began in 1968 as a one-day Labor Day event on what is now Pier Plaza. This event has evolved over the last 50 years to a bi-annual event held on Saturday, Sunday, and Monday of each Memorial Day and Labor Day weekend. Since 1972, the City has executed successive agreements with the Chamber to produce Fiesta Hermosa.
At its regular meeting on February 12, 2019, City Council approved a three-year agreement with the City of Hermosa Beach Page 1 of 4 Printed on 5/6/2022
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At its regular meeting on February 12, 2019, City Council approved a three-year agreement with the Chamber to provide Fiesta Hermosa events through 2021 (Attachment 1). As a result of the COVID19 pandemic, the Fiesta Hermosa of Memorial Day 2020, Labor Day 2020, and Memorial Day 2021 were cancelled. At its regular meeting on May 13, 2021, City Council approved the first amendment extending the agreement by one year to the end of 2022 (Attachment 2).
At its regular meeting of June 22, 2021, City Council approved a second amendment to the agreement to allow for event activities to take place Friday evening on a trial basis beginning with the Fiesta Hermosa of Labor Day 2021 (Attachment 3).
At its regular meeting of April 12, 2022, City Council approved a third amendment to the agreement to allow for event activities to take place in the Community Center parking lot and on the beach on the south side of the Pier beginning with the Fiesta Hermosa of Memorial Day 2022 (Attachment 4).
Past Board, Commission, and Council Actions
Meeting Date Description
February 12, 2019 Approval of a three-year Agreement between the City of Hermosa Beach and the Hermosa Beach Chamber of
Commerce and Visitors Bureau for Fiesta Hermosa events
May 13, 2021 Approval of First Amendment to Agreement to extend the term by one year to 2022
June 22, 2021 Approval of Second Amendment to Agreement to allow for event activities on Friday evening on a trial basis beginning with Labor Day 2021
April 12, 2022 Approval of Third Amendment to Agreement to allow for event activities at the Community Center parking lot and on the beach on the south side of the Pier on a trial basis beginning with Memorial Day 2022
Discussion:
The Chamber made a request to allow set-up of event activities in the Community Center parking lot and on the beach on the south side of the Pier to begin the Thursday prior to Memorial Day and for tear-down to extend through the Tuesday following Memorial Day for the Fiesta Hermosa of Memorial Day 2022. The request is due to vendor staffing shortages resulting in the concern that only permitting set-up to begin the Friday evening before Memorial Day, would not allow adequate time for the vendors’ staff to complete the set-up needed for the event activities in the Community Center parking lot and on the beach on the south side of the Pier to begin on time. The events would be scheduled to begin the Saturday prior to Memorial Day, along with all the other Fiesta Hermosa of City of Hermosa Beach Page 2 of 4 Printed on 5/6/2022
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scheduled to begin the Saturday prior to Memorial Day, along with all the other Fiesta Hermosa of Memorial Day 2022 event related activities throughout the City.
The use of the Community Center parking lot would be for the carnival event Saturday through Monday, an event activity that previously took place in Lot A. The use of the beach on the south side of the Pier would be for a family friendly concert Saturday through Monday, an event that previously took place on Pier Plaza. Since these event locations have not previously been used for Fiesta Hermosa related activities, the request made by the Chamber would also allow for additional set-up and tear-down time for the vendors to respond to any adjustments that may need to be made in response to these activities taking place in new locations.
The proposed amendment would allow the additional set-up and tear-down days requested in the Community Center parking lot and on the beach on the south side of the Pier on a trial basis for the Memorial Day 2022 event. If approved, the City shall have sole discretion to deny subsequent requests for additional set-up and tear-down days at these locations after the Memorial Day 2022 initial trial. All other terms and conditions would remain as stated in the original agreement. Included as Attachment 9 is the proposed fourth amendment with the Chamber to provide Fiesta Hermosa events.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.
Policy:
· 1.6 Long-term considerations. Prioritize decisions that provide long-term community benefit and discourage decisions that provide short-term community benefit but reduce long -term opportunities.
Parks and Open Space Element
Goal 3. Community parks and facilities encourage social activity and interaction.
Policies:
· 3.1 Community-friendly events. Encourage, permit, and support community group, nonprofit, or business organized events on City property that support physical activity, beach culture, and family-friendly social interactions. · 3.2 Social and cultural events. Design and program parks and open space to accommodate unique social and cultural events to foster connectedness and interaction.
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Fiscal Impact:
Event fees for 2022 would include direct costs associated with the necessary use of staff and other City resources based on details of each proposed event and a flat fee per vendor in lieu of individual vendors obtaining business licenses. Event revenue would be based on the terms included in the original agreement. The City will reimburse the Chamber for costs associated with the shuttle bus program at a not-to-exceed amount of $35,000 from Proposition A funds.
Attachments:
1. Agreement with the Hermosa Beach Chamber of Commerce and Visitors Bureau
2. First Amendment to Agreement
3. Second Amendment to Agreement
4. Third Amendment to Agreement
5. Link to February 12, 2019 City Council Staff Report
6. Link to May 13, 2021 City Council Staff Report
7. Link to June 22, 2021 City Council Staff Report
8. Link to April 12, 2022 City Council Staff Report
9. Proposed Fourth Amendment to Agreement
Respectfully Submitted by: Lisa Nichols, Community Resources Manager Concur: Angela Crespi, Deputy City Manager
Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
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FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA
BEACH CHAMBER OF COMMERCE TO PROVIDE FIESTAS HERMOSA
THIS FIRST AMENDMENT TO AGREEMENT TO PROVIDE FIESTAS HERMOSA ("First Amendment") is made and entered into this 13th day of May 2021, by and between the City of Hermosa Beach, a municipal corporation ("City'') and Hermosa Beach Chamber of Commerce ("CHAMBER").
RECITALS
A. City entered into an agreement with Chamber to provide Fiesta Hermosa ("Agreement") for a term of three years during the Saturday, Sunday and Monday of each Memorial Day and Labor Day Weekend in 2019, 2020, and 2021.
B. As a result of the COVID-19 pandemic, the Fiestas of Memorial Day 2020, Labor Day 2020, and Memorial Day 2021 were cancelled and therefore, the parties mutually desire to extend the agreement for an additional year to provide for two Fiestas in 2022.
NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:
1. Section 1.a is amended to read as follows:
a. Fiestas. CHAMBER shall organize, coordinate, produce and oversee the Fiestas, open to the public, during the Saturday, Sunday and Monday of the Memorial Day and Labor Day Weekends in 2019, Labor Day Weekend only in 2021, and Memorial Day and Labor Day Weekends in 2022.
The Fiestas shall be held in a location as mutually agreed upon between the CITY and CHAMBER.
Except as modified above, the Agreement and each and every term and provision thereof remains in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date and year first above written.
HERMOSA BEACH CHAMBER OF COMMERCE
President
DocuSign Envelope ID: 4CF9E314-29AB-4D72-9D73-7F1058BE4CCE 151
CITY MANAGER, Suja Lowenthal
APPROVED AS TO FORM:
CITY ATTORNEY, Michael Jenkins
ATTEST:
CITY CLERK, Eduardo Sarmiento
CITY OF HERMOSA BEACH
DocuSign Envelope ID: 4CF9E314-29AB-4D72-9D73-7F1058BE4CCE 152
SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA
BEACH CHAMBER OF COMMERCE TO PROVIDE FIESTAS HERMOSA
THIS SECOND AMENDMENT TO AGREEMENT TO PROVIDE FIESTAS HERMOSA ("Second Amendment") is made and entered into this 22nd day of June 2021, by and between the City of Hermosa Beach, a municipal corporation ("City'') and Hermosa Beach Chamber of Commerce ("CHAMBER").
RECITALS
A. City entered into an agreement with Chamber to provide Fiesta Hermosa ("Agreement") for a term of three years during the Saturday, Sunday and Monday of each Memorial Day and Labor Day Weekend in 2019, 2020, and 2021.
B. On May 13, 2021, the City Council and Chamber executed a first amendment to the Agreement to extend the agreement for an additional year to provide for two Fiestas in 2022.
C. The City and Chamber now desire to amend the Agreement to allow event activities with a local focus and limited local advertisement on the Friday evening of Labor Day weekend 2021 on a trial basis with future activities on Friday to be at the sole discretion of the City.
NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:
1. Section 1.a is amended to read as follows:
a. Fiestas. CHAMBER shall organize, coordinate, produce and oversee the Fiestas, open to the public, during the Saturday, Sunday and Monday of the Memorial Day and Labor Day Weekends in 2019; Friday, Saturday, Sunday and Monday of the Labor Day Weekend only in 2021; and Saturday, Sunday and Monday, with the possibility of Friday evening at the sole discretion of the City, of the Memorial Day and Labor Day Weekends in 2022. The Fiestas shall be held in a location as mutually agreed upon between the CITY and CHAMBER.
The addition of Friday activities is approved on a trial basis for Labor Day 2021 and is limited to evening hours only. Friday activities shall maintain a local focus by featuring local food and beverage establishments, limiting advertisement to the Hermosa only, and maintaining a family friendly atmosphere. Notwithstanding the agreement, the City shall have sole discretion to deny subsequent requests for Friday event activities after the initial trial for Labor Day 2021.
Except as modified above, the Agreement and each and every term and provision thereof remains in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date and year first above written.
DocuSign Envelope ID: 2104C6D7-3492-4123-AF52-F907B2851C7B 153
HERMOSA BEACH CHAMBER OF COMMERCE
President,
APPROVED AS TO FORM:
CITY ATTORNEY, Michael Jenkins
CITY OF HERMOSA BEACH
CITY MANAGER, Suja Lowenthal
ATTEST:
CITY CLERK, Eduardo Sarmiento
DocuSign Envelope ID: 2104C6D7-3492-4123-AF52-F907B2851C7B 154
FOURTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA
BEACH CHAMBER OF COMMERCE TO PROVIDE FIESTAS HERMOSA
THIS FOURTH AMENDMENT TO AGREEMENT TO PROVIDE FIESTAS HERMOSA ("Fourth Amendment") is made and entered into this 10
th day of May 2022, by and between the City of Hermosa Beach, a municipal corporation ("City'') and Hermosa Beach Chamber of Commerce ("Chamber").
RECITALS
A. City entered into an agreement with Chamber (“Agreement”) to provide Fiesta Hermosa ("Fiesta” or “Event") for a term of three years during the Saturday, Sunday and Monday of each Memorial Day and Labor Day Weekend in 2019, 2020, and 2021.
B. On May 13, 2021, the City Council and Chamber executed a first amendment to the Agreement to extend the Agreement for an additional year to provide for two Fiestas in 2022.
C. On June 22, 2021, the City and Chamber executed a second amendment to the Agreement to allow event activities with a local focus and limited local advertisement on the Friday evening of Labor Day weekend 2021 on a trial basis with future activities on Friday to be at the sole discretion of the City.
D. On April 12, 2022, the City and Chamber executed a third amendment to the Agreement to allow specified event activities to take place in the Community Center parking lot (carnival) and on the beach on the south side of the Pier (concert) for the Memorial Day 2022 event with setup for these two activities to begin Friday evening.
E. The City and Chamber now desire to amend the Agreement to allow for setup for the Memorial Day 2022 event activities to take place in the Community Center parking lot (carnival) and on the beach on the south side of the Pier (concert) to begin the Thursday prior to the event and tear-down of event related materials in relation to these specified event activities to conclude the Tuesday following the event.
NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:
1. Section 1.a is amended to read as follows:
a. Fiestas. CHAMBER may organize, coordinate, produce and oversee the Fiestas, open to the public, during the Saturday, Sunday and Monday of the Memorial Day and Labor Day Weekends in 2019; Friday, Saturday, Sunday and Monday of the Labor Day Weekend in 2021; Saturday, Sunday and Monday of the Memorial Day Weekend in 2022; and Saturday, Sunday and Monday, and potentially Friday evening at the sole discretion of the City for the Labor Day Weekend in 2022. The addition of Friday evening activities for the Labor Day 2022 Event is subject to approval of the City Council (which may be obtained without an amendment to this Agreement).
Friday activities must maintain a local focus by featuring local food and beverage establishments, limiting advertisement to the Hermosa Beach community, and maintaining a family friendly atmosphere. The addition of event locations of the Community Center parking 155
lot for the carnival and the beach south of the Pier for a family friendly concert with setup for these activities beginning the Thursday prior to Memorial Day and teardown on the Tuesday following Memorial Day is approved on a trial basis for the Memorial Day 2022 Event. The activities and additional setup and teardown days in these locations at future Fiestas is at the sole discretion of the City.
Except as modified above, the Agreement and each and every term and provision thereof, as amended, remains in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment on the date and year first above written.
HERMOSA BEACH CHAMBER OF COMMERCE
President
APPROVED AS TO FORM:
City Attorney, Michael Jenkins
CITY OF HERMOSA BEACH
City Manager, Suja Lowenthal
ATTEST:
City Clerk, Myra Maravilla
156
City Council Hybrid Meeting (Closed Session - 5:00 PM and Open Session - 6:00 PM) 05-10-22 17:00
Agenda Name Comments Support Oppose Neutral
j. REPORT 22-0312 APPROVAL OF FOURTH AMENDMENT TO
AGREEMENT BETWEEN
THE CITY OF HERMOSA BEACH AND
THE HERMOSA BEACH CHAMBER OF COMMERCE AND
VISITORS BUREAU TO PROVIDE FIESTA HERMOSAS
(Community Resources Manager Lisa Nichols)
1 1 0 0
Sentiments for All Agenda Items
The following graphs display sentiments for comments that have location data. Only locations of users who have commented will be shown.
Overall Sentiment
Agenda Item: eComments for j. REPORT 22-0312 APPROVAL OF FOURTH AMENDMENT TO AGREEMENT BETWEEN
THE CITY OF HERMOSA BEACH AND
THE HERMOSA BEACH CHAMBER OF COMMERCE AND
VISITORS BUREAU TO PROVIDE FIESTA HERMOSAS
(Community Resources Manager Lisa Nichols)
Overall Sentiment
Dean francois
Location:
Submitted At: 11:26pm 05-09-22
I recommend adding to the proposed amendment that all development be ""in compliance with the CA Coastal Act ensuring that no commercial activity occurs on the beach west of the strand wall"".
This is the first time the chamber will be managing beach concerts. Nowhere in the proposed amendment does it assure that the CA Coastal Act is followed. In fact any mention of a Coastal Commission approval or permit is not mentioned.
157
We would not be as concerned except for the fact that this city is very lax in its compliance with the Coastal Act.
In past fiestas, commercial advertising signs have been placed on our beaches near the bike valet services without commission approval. We need to ensure that we do not go down that slippery slope as our beaches c0mercialztion of many money making activities is hard to control but must be protected., And the Coastal Commission would be very surprised if advertising signs, selling of services or merchandise ends up occurring at these concerts, suggesting that beach space is being rented out for profit. 158
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0283
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
APPROVAL OF ADDITIONAL 2022 IMPACT LEVEL III SPECIAL EVENTS INCLUDING: ASHER’S BASH AND RAINBOW DASH TO CURE CHILDHOOD CANCER (6/18); AND JERSEY MIKE’S USLA NATIONAL LIFEGUARD AND JUNIOR LIFEGUARD CHAMPIONSHIP (8/8-8/14) (Community Resources Manager Lisa Nichols)
Recommended Action:
Staff recommends City Council approve the Parks, Recreation and Community Resources Advisory Commission’s recommendation to include the following additional Impact Level III Special Events on the 2022 Special Event Calendar:
1. Asher’s Bash and Rainbow Dash to Cure Childhood Cancer on Saturday, June 18 on the Greenbelt between Gould Avenue and Pier Avenue and at Valley Park subject to the conditions imposed by the Parks, Recreation and Community Resources Advisory Commission; and
2. Jersey Mike’s USLA National Lifeguard and Junior Lifeguard Championship on Monday, August 8 through Sunday, August 14, in and out of the water north of the Pier with removal of the beach tennis courts.
Executive Summary:
The City of Hermosa Beach is a highly sought-after destination for special events, especially those taking place on the beach. The Community Resources Department is tasked with overseeing these event requests and permits following an extensive review and approval process that includes both the Parks, Recreation and Community Resources Advisory Commission (Commission) and City Council, depending on the Impact Level of each event. Impact Level III events, which are the largest impact events or new events to the City, require a Public Hearing by the Commission and City Council for formal approval on the Special Event Calendar.
At its May 3, 2022 meeting, the Commission, through a Public Hearing deliberation, recommended approval of the following additional Impact Level III events to the 2022 Special Events Calendar:
· Asher’s Bash and Rainbow Dash to Cure Childhood Cancer on Saturday, June 18 on the Greenbelt and at Valley Park; and
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· Jersey Mike’s USLA National Lifeguard and Junior Lifeguard Championship on Monday, August 8 through Sunday, August 14, in and out of the water north of the Pier with removal of the beach tennis courts.
Background:
In 2017, the Special Event Policy Guide was implemented, which outlined an updated approval process for special events consistent with each event’s categorized Impact Level. Impact Level III events, which are the largest impact events or new events to the City, require review and approval by City Council through Public Hearing deliberations. Impact Level II events require review and approval by the Commission, and Impact Level I events are approved by staff. Impact Level III events are given priority review and approval.
Staff began accepting applications from all event producers interested in applying for 2022 event dates, regardless of their individual Impact Levels, on September 27, 2021. Event producers with Impact Level III event requests were required to submit a special event application by October 24, 2021 to be included within the first round of review and approval of Impact Level III events by the Commission and City Council in December. Staff continues to accept applications from event producers after the initial due dates that meet the processing timeframe and requirements based on the event’s Impact Level as outlined in the Special Event Policy Guide.
Staff received a total of two additional Impact Level III special event applications for 2022. The additional Impact Level III event requests recommended for approval are included on the 2022 Special Events Calendar (Attachment 1).
Past Commission Actions
Meeting Date Description
December 7, 2021 Recommended approval of Impact Level III event requests to City Council
January 4, 2022 Recommended approval of additional Impact Level III event requests to City Council
March 1, 2022 Recommended approval of additional Impact Level III event requests to City Council
May 3, 2022 Recommended approval of additional Impact
Level III event requests to City Council
Past Council Actions
Meeting Date Description
December 14, 2021 Approval of Impact Level III event requests January 11, 2022 Approval of additional Impact Level III event requests
March 22, 2022 Approval of additional Impact Level III event requests
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Past Council Actions
Meeting Date Description
December 14, 2021 Approval of Impact Level III event requests January 11, 2022 Approval of additional Impact Level III event requests
March 22, 2022 Approval of additional Impact Level III event requests
Discussion:
A brief summary of each event request recommended for approval by the Commission is included below. Event overview sheets containing additional event details, estimated permit fees payable to the City, and a corresponding site plan for each event are included as attachments.
Asher’s Bash and Rainbow Dash to Cure Childhood Cancer
Northwestern Mutual and the Pediatric Cancer Research Foundation request to hold a fundraising event for the Asher Michael Johnston Fund on Saturday, June 18, 2022. This is a new event request to the City. The event producer requests use of the Greenbelt between Gould Avenue and Pier Avenue for a community walk/run and Valley Park for community friendly activations such as a bounce house, mini-golf, face-painting, tie-dye station, and photobooth. The event producer would also have an information booth present at Valley Park to inform the community of the purpose of the event.
The purpose of the event is to celebrate what would have been Asher Michael’s first birthday, a South Bay resident who was born and diagnosed with Rhabdomyosarcoma, a type of cancer, and to raise funds for the Pediatric Cancer Research Foundation in his honor. The Los Angeles County Fire Department would be present to guide event participants safely across the street between Valley Park and the Greenbelt.
The event producer requested event load-in to begin at 6:30 a.m. on the day of the event to allow for certain event activities to begin at 8:00 a.m. At its May 3, 2022 regular meeting, Commission recommended approval of the Asher’s Bash and Rainbow Dash to Cure Childhood Cancer under the condition that the event’s load-in time begin no earlier than 8:00 a.m. and that the City work with the event producer to ensure enough volunteers are present along the Greenbelt between Gould Avenue and Pier Avenue. The motion passed with a 2-1 vote.
The Commission stipulated the later load-in out of concern that allowing a start-time earlier than 8:00 a.m. would impact the nearby residents and to remain consistent with past practice in permitting events or activities at Valley Park. Therefore, the event producers have adjusted their load-in time to 8:00 a.m. with certain event activities beginning at 9:30 a.m. Additionally, the event producer would have volunteers present along the Greenbelt between Pier Avenue and Gould Avenue to provide City of Hermosa Beach Page 3 of 7 Printed on 5/6/2022
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have volunteers present along the Greenbelt between Pier Avenue and Gould Avenue to provide water to participants, to guide participants along the path, and to respond to any public inquiries about the event. Staff would work with the event producer to ensure the total number of volunteers is sufficient.
The event date is concurrent with other events scheduled within the City; however, the events are planned for different locations and different times. Therefore, staff does not anticipate any conflicts.
Additional event details are included in the Asher’s Bash and Rainbow Dash to Cure Childhood Cancer event overview sheet (Attachment 8). Estimated permit fees payable to the City are included in Table 1 below.
Table 1: Asher’s Bash and Rainbow Dash to Cure Childhood Cancer Estimated Permit Fees
Fee Cost Calculation Total
Non-Profit
Application Fee
$616 - $616
Non-Profit
Category I Fee
$2 per participant $2 per participant x
500 participants
$1,000
Amplified Sound
Permit
$181 - 181
Parking Fees $1.25/$1.50
per hour, per space
TBD TBD
$1,797
Jersey Mike’s USLA National Lifeguard and Junior Lifeguard Championship The LA County Surf Lifesaving Association (LACoSLSA) requests to hold the USLA National Lifeguard and Junior Lifeguard Championship on Wednesday, August 10 through Saturday, August 13 with load-in Monday, August 8 through Tuesday, August 9 and load-out Sunday, August 14.
LACoSLSA requests to hold the event on the north side of the Pier, in and out of the water, with removal of the beach tennis courts.
This event last took place in Hermosa Beach in 2016, prior to the adoption of the Special Event Policy Guide. Therefore, it is required to follow the review and approval process of a new event to the City. This event consists of swimming, running, board paddling, surf boat rowing, and surf ski paddling adult and junior competitions. The requested event dates are concurrent with other events City of Hermosa Beach Page 4 of 7 Printed on 5/6/2022
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REPORT 22-0283
paddling adult and junior competitions. The requested event dates are concurrent with other events scheduled within the City. LACoSLSA has worked with the event producers of the International Surf Festival, Triathlon, and the CBVA Volleyball Tournament to address any conflicts between the events, all which also take place within the commercial zone on the beach during some of LACoSLSA’s requested event dates. Additional event details are included in the Jersey Mike’s USLA National Lifeguard and Junior Lifeguard Championship event overview sheet (Attachment 9). Estimated permit fees payable to the City are included in Table 2 below.
Table 2: Jersey Mike’s USLA National Lifeguard and Junior Lifeguard Championship Estimated Permit Fees
Fee Cost Calculation Total
Non-Profit
Application Fee
$616 - $616
Category II Fee $2, 940
per event day
$2,940 x 4 event days $11,760
Load-in $278
per load-in day
$278
x 2 load-in days
$556
Load-out $278
per load -out day
$278
x 1 load -out day
$278
Amplified
Sound Permit
$181 -
$181
Parking Fees $1.25/$1.50
per hour, per space
TBD TBD
Co-Sponsors $311
per co -sponsor
TBD TBD
$13,391
The Special Events Policy Guide (Attachment 10) provides limits to the number of Special Events eligible for permitting within the City per calendar year. It allows a maximum number of 15 event days per month (outside of the Peak Season) and the following maximum number of event days on the Beach or Pier Plaza in the Peak Season, which extends between Memorial Day and Labor Day:
· Maximum of 30 event days used by Impact Level III events; · Maximum of 40 event days used by Impact Level I and Impact II events, and City City of Hermosa Beach Page 5 of 7 Printed on 5/6/2022 powered by Legistar™163
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· Maximum of 40 event days used by Impact Level I and Impact II events, and City Sponsored/Contracted Events (on days not used by Impact Level III events); and · Events under a Long-Term Agreement are categorized by their Impact Level.
These guidelines allow a total of 70 event days throughout the Peak Season on the Beach or Pier Plaza. If City Council approves the Jersey Mike’s USLA National Lifeguard and Junior Lifeguard Championship, it would exceed the maximum of 30 event days used by Impact Level III events, providing a total of 57 event days used by Impact Level III events. However, the total amount of event days would be 61 out of the allotted 70 event days throughout the Peak Season for events on the Beach or Pier Plaza.
The maximum number of event days allotted for Impact Level III events during the Peak Season on the Beach or Pier Plaza does not provide enough event days to accommodate all returning Impact Level III events on the Beach or Pier Plaza. In addition, it does not allow staff to accept and move forward with consideration by Commission and City Council of any new event requests on the Beach or Pier Plaza in the Peak Season without further exceeding the maximum number of event days allotted for Impact Level III events at those locations during the Peak season. Any new event request to the City is categorized as an Impact Level III event. Therefore, staff and the Special Events Subcommittee will review the Special Event Policy Guide, including the Impact Level Characteristics Matrix, to provide recommendations in advance of the upcoming calendar year in response to the maximum total number of event days allotted for Impact Level III events on the Beach or Pier Plaza during the Peak Season being exceeded.
General Plan Consistency:
This report and associated recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Governance Element
Goal 5. Small beach town character is reflected throughout Hermosa Beach.
Policy:
• 5.7 Visitor and resident balance. Recognizing the desire and need to balance visitor-serving and local-serving uses as a key to preserving character and the economic vitality of the community.
Parks and Open Space Element
Goal 3. Community parks and facilities encourage social activity and interaction.
Policies:
• 3.1 Community-friendly events. Encourage, permit, and support community group, nonprofit, or business organized events on City property that support physical activity, beach culture, and City of Hermosa Beach Page 6 of 7 Printed on 5/6/2022
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or business organized events on City property that support physical activity, beach culture, and family-friendly social interactions.
• 3.2 Social and cultural events. Design and program parks and open space to accommodate unique social and cultural events to foster connectedness and interaction. • 3.3 Commercial use of facilities. Regulate and enforce commercial use of City parks and open spaces to ensure activities do not impact general use and enjoyment.
Goal 7. The beach offers high quality recreational opportunities and amenities desired by the community.
Policies:
• 7.3 Recreational asset. Consider and treat the beach as a recreational asset and never as a commercial enterprise.
• 7.5 Designated recreational uses. Continually evaluate and explore devoting certain portions of the beach to different preferred recreational uses while providing access for all users and meeting the recreation needs of visitors and residents.
Fiscal Impact:
If approved, estimated event revenue would be approximately $15,188.
Attachments:
1. 2022 Special Event Calendar
2. Link to December 7, 2021 Commission Staff Report
3. Link to January 4, 2022 Commission Staff Report
4. Link to March 1, 2022 Commission Staff Report
5. Link to May 3, 2022 Commission Staff Report
6. Link to December 14, 2021 City Council Staff Report
7. Link to January 11, 2022 City Council Staff Report
8. Asher’s Bash and Rainbow Dash to Cure Childhood Cancer Event Overview Sheet
9. Jersey Mike’s USLA National Lifeguard and Junior Lifeguard Championship Event Overview Sheet
Respectfully Submitted by: Lisa Nichols, Community Resources Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
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TENTATIVE
2022 SPECIAL EVENTS CALENDAR
City of Hermosa Beach
Community Resources Department
710 Pier Avenue, Hermosa Beach, CA 90254
(310) 318-0280
[email protected]
166
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17
AAU Southern
Grand Prix Series
North Volleyball Courts
18 19 20 21 22
SCVA BRQ
Winter Series
North Volleyball Courts
& Beach Tennis Courts
23 24 25 26 27 28 29
AAU Southern
Grand Prix Series
North Volleyball Courts
30 31
JANUARY 2022
Impact Level I
Impact Level II
Impact Level III
Long Term Agreement
City Hosted or City Contracted Event
167
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5
AAU Southern
Grand Prix Series
North Volleyball Courts
6 7 8 9 10 11
CBVA
North Volleyball Courts
12 SCVA BRQ
Winter Series
North Volleyball Courts
& Beach Tennis Courts
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 AAU Southern
Grand Prix Series
North Volleyball Courts
28 FEBRUARY 2022
Impact Level I
Impact Level II
Impact Level III
Long Term Agreement
City Hosted or City Contracted Event
168
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5
HBLL Opening Day
Clark Field
Beach Tennis Tournament
Beach Tennis Courts
6 Beach Tennis Tournament
Beach Tennis Courts
7 8 9 10 11 12
St. Patrick’s Day Parade
Downtown
13 AAU Southern
Grand Prix Series
North Volleyball Courts
14 15 16 17 18 19
20 21 22 23 24 25 26
27 CBVA
North Volleyball Courts
28 29 30 31
MARCH 2022
Impact Level I
Impact Level II
Impact Level III
Long Term Agreement
City Hosted or City Contracted Event
169
Sun Mon Tue Wed Thu Fri Sat
1 2 AAU Southern
Grand Prix Series
North Volleyball Courts
3 4 5 6 7 8
Beach Tennis Tournament
Beach Tennis Courts
(Load-in)
9 Beach Tennis Tournament
Beach Tennis Courts
10 AAU Southern
Grand Prix Series
North Volleyball Courts
11 12 13 14 15 16
CBVA
North Volleyball Courts
17 Easter Sunrise Mass
South of Pier
18 19 20 21 22
Surfer’s Walk of Fame Kickoff Party
Community Theatre
23 The Subaru Pacific
South Bay Series
South of Pier
Surfer’s Walk of Fame
Spyder Surf Fest
24 AAU Southern
Grand Prix Series
North Volleyball Courts
25 26 27 28 29 30 State of the Art
Cypress Avenue &
6th Street
HVPTO’s Dolphin Dash
Strand - North of Pier, &
Schumacher Plaza
Sidewalk Sale
Various Locations
Downtown
HBLL Night at the Ballpark
Clark Field
APRIL 2022
Impact Level I
Impact Level II
Impact Level III
Long Term Agreement
City Hosted or City Contracted Event
170
Sun Mon Tue Wed Thu Fri Sat
1 AAU Southern
Grand Prix Series
North Volleyball Courts
Sidewalk Sale
Various Locations
Downtown
2 3 4 5 6
Hearts of Hermosa
Community Center
(Load-in)
7 Hearts of Hermosa
Community Center
Pets in the Park
Valley Park
Endless Summer
Classic Car Show
Pier Plaza
8 Hearts of Hermosa
Community Center
(Load-out)
AAU Southern
Grand Prix Series
9 10 11 12 13 14 CBVA
North Volleyball Courts
15 CBVA
North Volleyball Courts
16 17 18 19 20 21
Best Day Foundation
Beach Day
South of Pier
AAU Southern
Grand Prix Series
North Volleyball Courts
22 Best Day Foundation
Beach Day
South of Pier
23 24 25 26 27
Fine Arts Festival
Community Center Lawn
(Load-in)
Fiesta Hermosa
Downtown
(Load-in)
28 Fine Arts Festival
Community Center Lawn
CBVA
North Volleyball Courts
Fiesta Hermosa
Downtown
29 Fine Arts Festival
Community Center Lawn
CBVA
North Volleyball Courts
Fiesta Hermosa
Downtown
30 Fine Arts Festival
Community Center Lawn
CBVA
North Volleyball Courts
Fiesta Hermosa
Downtown
31 MAY 2022
Impact Level I
Impact Level II
Impact Level III
Long Term Agreement
City Hosted or City Contracted Event
171
Sun Mon Tue Wed Thu Fri Sat
1 2 3
Beach Tennis
Tournament
Beach Tennis Courts
(Load-in)
4 Beach Tennis
Tournament
Beach Tennis Courts
South Bay Paddle
South of Pier
5 Beach Tennis
Tournament
Beach Tennis Courts
HBLL Closing Day
Clark Field
6 7 8 9 10 11
12 13 14 15 16 17 18
DB Events
North Volleyball Courts
Asher’s Bash &
Rainbow Dash to Cure
Childhood Cancer
Greenbelt &
Valley Park
19 U19 World
Championship &
World University
Championship
Trials
North Volleyball Courts
(Load-in)
20 U19 World
Championship &
World University
Championship
Trials
North Volleyball Courts
21 U19 World
Championship & World
University
Championship
Trials
North Volleyball Courts
22 U19 World
Championship &
World University
Championship
Trials
North Volleyball Courts
23 U19 World
Championship &
World University
Championship
Trials
North Volleyball Courts
24 25
Nothing Weekend
26 Nothing Weekend
27 28 29
AVP
North & South
Volleyball Courts
(Load-in)
30 AVP
North & South
Volleyball Courts
(Load-in)
JUNE 2022
Impact Level I
Impact Level II
Impact Level III
Long Term Agreement
City Hosted or City Contracted Event
172
Sun Mon Tue Wed Thu Fri Sat
1 AVP
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
(Load-in)
2 AVP
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
(Load-in)
3 AVP
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
(Load-in)
4 AVP
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
(Load-in)
5 AVP
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
6 AVP
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
7 AVP
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
8 AVP
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
9 AVP
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
10 AVP
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
11 AVP
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
(Load-out)
12 AVP
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
(Load-out)
13 AVP
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
(Load-out)
Shakespeare by the Sea
Valley Park
14 JVA/BVCA
National Championships
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
(Load-in)
Shakespeare by the Sea
Valley Park
15 JVA/BVCA
National Championships
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
16 JVA/BVCA
National Championships
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
17 JVA/BVCA
National Championships
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
18 JVA/BVCA
National Championships
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
19 JVA/BVCA
National Championships
Volleyball Courts -
North & South of Pier
& Beach Tennis Courts
20 AAU Junior National
Girls’ Championships
Volleyball Courts -
North & South of Pier
(Load-in)
21 AAU Junior National
Girls’ Championships
Volleyball Courts -
North & South of Pier
22 AAU Junior National
Girls’ Championships
Volleyball Courts -
North & South of Pier
23 AAU Junior National
Girls’ Championships
Volleyball Courts -
North & South of Pier
24 AAU Junior National
Girls’ Championships
Volleyball Courts -
North & South of Pier
25 West Coast AAU
Junior Olympic Games
Volleyball Courts -
North & South of Pier
26 West Coast AAU
Junior Olympic Games
Volleyball Courts -
North & South of Pier
27 West Coast AAU
Junior Olympic Games
Volleyball Courts -
North & South of Pier
28 West Coast AAU
Junior Olympic Games
Volleyball Courts -
North & South of Pier
29 West Coast AAU
Junior Olympic Games
Volleyball Courts -
North & South of Pier
(Load-out)
30 Smackfest
South Volleyball Courts
31 JULY 2022
Impact Level I
Impact Level II
Impact Level III
Long Term Agreement
City Hosted or City Contracted Event
173
Sun Mon Tue Wed Thu Fri Sat
1 2 3
International
Surf Festival
North &
South of Pier
(Load-in)
4 International
Surf Festival
North &
South of Pier
(Load-in)
5 International
Surf Festival
North & South of Pier
6 International
Surf Festival
North & South of Pier
& North Volleyball Courts (CBVA)
Sidewalk Sale
Various Locations
Downtown
7 International
Surf Festival
North & South of Pier
Sidewalk Sale
Various Locations
Downtown
8 International
Surf Festival
North & South of Pier
(Load-out)
Jersey Mike’s USLA
National Lifeguard &
Junior Lifeguard
Championship
North of Pier, &
Beach Tennis Courts
(Load-in)
9 Jersey Mike’s USLA
National Lifeguard &
Junior Lifeguard
Championship
North of Pier &
Beach Tennis Courts
(Load-in)
10 Jersey Mike’s USLA
National Lifeguard &
Junior Lifeguard
Championship
North of Pier &
Beach Tennis Courts
11 Jersey Mike’s USLA
National Lifeguard &
Junior Lifeguard
Championship
North of Pier &
Beach Tennis Courts
12 Triathlon
Strand, Pier Plaza, South of
Pier, & North of Pier
(Load-in)
Jersey Mike’s USLA
National Lifeguard & Junior
Lifeguard Championship
North of Pier &
Beach Tennis Courts
13 Triathlon
Strand, Pier Plaza, South of Pier, &
North of Pier
(Load-in)
CBVA
North Volleyball Courts
Good World Peace Festival
South of Pier
Jersey Mike’s USLA National
Lifeguard & Junior Lifeguard
Championship
North of Pier &
Beach Tennis Courts
14 Triathlon
Strand, Pier Plaza, South
of Pier, & North of Pier
CBVA
North Volleyball Courts
Jersey Mike’s USLA
National Lifeguard &
Junior Lifeguard
Championship
North of Pier &
Beach Tennis Courts
(Load-out)
15 16 17 18 19 20
Nothing Weekend
21 Nothing Weekend
22 23 24 25 26 Beach Tennis
Tournament
Beach Tennis Courts
(Load-in)
27 Beach Tennis
Tournament
Beach Tennis Courts
Glow Ride for
Cystic Fibrosis
Strand - North of Pier
28 CBVA
North Volleyball Courts
29 30 31
AUGUST 2022
Impact Level I
Impact Level II
Impact Level III
Long Term Agreement
City Hosted or City Contracted Event
174
Sun Mon Tue Wed Thu Fri Sat
1 2
Fiesta Hermosa
Downtown
(Load-in)
3 CBVA
North Volleyball Courts
Fiesta Hermosa
Downtown
4 CBVA
North Volleyball Courts
Fiesta Hermosa
Downtown
5 Fiesta Hermosa
Downtown
6 7 8 9
Movies at the Beach
South of Pier
(Load-in)
10 Movies at the Beach
South of Pier
Best Day Foundation
Beach Day
11 Best Day Foundation
Beach Day
South of Pier
12 13 14 15 16
Beach Tennis Tournament
Beach Tennis Courts
(Load-in)
17 Coastal
Cleanup Day
Pier
Hermosa Harmony Festival
South of Pier
Beach Tennis Tournament
Beach Tennis Courts
18 Beach Tennis Tournament
Beach Tennis Courts
Hope Chapel Family Picnic
Valley Park
19 20 21 22 23
Movies at the Beach
South of Pier
(Load-in)
24 Movies at the Beach
South of Pier
25 26 27 28 29 30
SEPTEMBER 2022
Impact Level I
Impact Level II
Impact Level III
Long Term Agreement
City Hosted or City Contracted Event
175
Sun Mon Tue Wed Thu Fri Sat
1 AAU Southern
Grand Prix Series
North Volleyball Courts
Walk to End Alzheimer’s
Strand - North of Pier &
Pier Plaza
Hermosa Harmony Festival
South of Pier
2 3 4 5 6 7 8
Pumpkins in the Park
Edith Rodway Park
AAU Southern
Grand Prix Series
North Volleyball Courts
9 10 11 12 13 14
Beach Tennis Tournament
Beach Tennis Courts
(Load-in)
15 Beach Tennis Tournament
Beach Tennis Courts
16 Beach Tennis Tournament
Beach Tennis Courts
17 18 19 20 21 22
Volley4Sound
North Volleyball Courts
23 24 25 26 27 28 Beach Tennis Tournament
Beach Tennis Courts
(Load-in)
29 Beach Tennis Tournament
Beach Tennis Courts
30 Beach Tennis Tournament
Beach Tennis Courts
Skechers Pier to Pier
Friendship Walk
Strand - North of Pier &
Pier Plaza
31 OCTOBER 2022
Impact Level I
Impact Level II
Impact Level III
Long Term Agreement
City Hosted or City Contracted Event
176
Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5
Sandy Saute
North of Pier
6 AAU Southern
Grand Prix Series
North Volleyball Courts
7 8 9 10 11
Veterans Day
Wreath Laying Ceremony
& “Veterans Are Timeless” Campaign
Community Center
12 13 14 15 16 17 18 19
AAU Southern
Grand Prix Series
North Volleyball Courts
20 Tree Lighting Ceremony
Pier Plaza
21 22 23 24 25 26
27 28 29 30
NOVEMBER 2022
Impact Level I
Impact Level II
Impact Level III
Long Term Agreement
City Hosted or City Contracted Event
177
Sun Mon Tue Wed Thu Fri Sat
1 2 3
Sand Snowman Contest
North of Pier
SCVA BNQ
Championships
North Volleyball Courts
4 AAU Southern
Grand Prix Series
North Volleyball Courts
5 6 7 8 9 10
California Great Santa Stroll
Strand - North of Pier
& Pier Plaza
11 AAU Southern
Grand Prix Series
North Volleyball Courts
12 13 14 15 16 17
18 Community
Menorah Lighting
Pier Plaza &
Greenwood Park
19 20 21 22 23 24
25 26 27 28 29 30 31
New Years Eve Celebration
Pier Plaza
DECEMBER 2022
Impact Level I
Impact Level II
Impact Level III
Long Term Agreement
City Hosted or City Contracted Event
178
Off-Season Monthly Events
(Labor Day – Memorial Day) # of Special Event Days # of Days Available(out of 15) January 3 12
February 4 11
March 5 10
April 10 5
May (through May 29) 11 4
September (from September 6) 8 7
October 9 6
November 5 10
December 6 9
Peak Season (Memorial Day: May 30, 2022 – Labor Day: September 5, 2022) # of Special Event Days (Beach/Pier Plaza Events)
Level I & II Event Days
(not on Level III Event Days)
& City Sponsored/Contracted
(not on Level III, II or I Event Days)
(Maximum of 40)
Level III Event Days
(Maximum of 30) Total # of Event Days
(out of 70 total)
4 57 61
Peak Season Event Limits:
To balance coastal access with beach events, the beach/Pier Plaza area will be limited to the following number of events during the peak summer season (Memorial Day to Labor Day – approximately 100 days over the summer):
o Maximum of 30 days used by Level III Events
o Maximum of 40 days used by Level I and II Events, and City Sponsored/Contracted Events (on days not used by Level III Events) Events under a Long Term Agreement will be categorized by their Impact Level 179
1 2022
City of Hermosa Beach
Special Event Permit Application Overview
Event Title: Asher’s Bash and Rainbow Dash to Cure Childhood Cancer Impact Level: III
Proposed Event Date(s): Saturday, June 18, 2022
Applicant Name: Heather Johnston
Organization Name: Northwestern Mutual and Pediatric Cancer Research Foundation Non-Profit: NO/YES
Event Time: Valley Park: Load-in: 8:00am-9:30am, Check-in: 9:30am for Greenbelt Walk/Run, Greenbelt Walk/Run: 10:30am11:30am, and Valley Park Event Activities: 11:00am-2:30pm. Event load-out from Valley Park completed by 4:00pm Event Summary: A walk/run and community event with local businesses, bounce house and information booths with proceeds going to the Asher Michael Johnson Fund (Please see attached for more information) Returning Event: NO/YES
Event Location (Site Map Attached): Greenbelt (Pier Avenue to Gould Avenue) and Valley Park Estimated Number of Participants per Day: Maximum of 150 participants for the Greenbelt Walk/Run. Maximum of 400 participants for Valley Park activities.
Estimated Number of Spectators per Day: N/A
Age of Participants: All Ages
Participant Fee: $25 per adult, $20 per child for Greenbelt Walk/Run and Valley Park event activities. $15 per person for those interested in participating just in the Valley Park event activities Parking: Yes – A total of 10 parking spots within the parking lot next to Kiwanis and Rotary buildings to accommodate portable restrooms, loading and unloading, and shuttle drop off (shuttle from Mira Costa High School and Journey of Faith) Amplified Sound: Yes, for DJ and announcements
Generator(s): Yes (two), one for DJ, one for photobooth/bounce house Fenced Area(s): None
Stage(s), Structure(s) or Tent(s): Yes, small stage for DJ Security: None. Volunteers will assist with event activities and with guiding participants throughout the Greenbelt and will be identified with yellow t-shirts noting they are volunteers. Additionally, the LA County Fire Department will be present to safely cross the walk/run participants across the street from Valley Park to Gould Avenue and vice-versa.
Sponsor(s): Yes
Applicable Fees:
Application (Non-Profit) $616
Category I (Non-Profit) $2 per participant with a roster of participants Amplified Sound $181
Parking TBD
Co-Sponsor Fees TBD
*Additional fees may apply due to required staffing and/or services from the City of Hermosa Beach’s Police Department, Building Division, Public Works Department and the Los Angeles County Fire Department 180
Asher had a powerful impact on our lives and this world during the short time he walked this earth. It is our mission to carry out Ashy’s legacy and we know he will continue to change the world in insurmountable ways from heaven.
The Johnston’s have chosen to partner with Pediatric Cancer Research Foundation. PCRF is dedicated to identifying and investing in leading-edge research that demonstrates the best hope for a cure of childhood cancer. These funds will target emerging and breakthrough opportunities so that the babies of the future have hope and a full life.
Asher Michael Johnston
Please join Asher and us on this journey to make a change for our worlds most vulnerable and their futures.
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182
183
1 2022
City of Hermosa Beach
Special Event Permit Application Overview
Event Title: Jersey Mike’s USLA National Lifeguard and Junior Lifeguard Championship Impact Level: III
Proposed Event Date(s): Wednesday, August 10 – Saturday, August 13 with load-in Monday, August 8 – Tuesday, August 9 and loadout Sunday, August 14 Applicant Name: Charlotte Graham
Organization Name: LA County Surf Lifesaving Association Non-Profit: NO/YES
Event Time: 8:00am-5:00pm, with load-in 10:00am-4:00pm on Monday, August 8 and 7:00am - 5:00pm on Tuesday, August 9, and load-out 4:00pm to 9:00pm on Saturday, August 13 and 10:00am-12:00pm on Sunday, August 14 Event Summary: Swimming, running, board paddling, surf boat rowing, and surf ski padding adult and junior competitions.
Returning Event: NO/YES This event took place in 2016 most recently, which was before the adoption of the Special Events Policy Guide, therefore, this event is required to be treated as a new event to the City Event Location (Site Map Attached): North of the Pier (in and out of the water) with Impact to the Beach Tennis Courts Estimated Number of Participants per Day: Up to 600 per event day Estimated Number of Spectators per Day: Up to 200 per event day Age of Participants: All Ages
Participant Fee: Estimated to be $75 for 18 and under and $110 for adults Parking: Yes
Amplified Sound: Yes, for announcements and background music Generator(s): Yes
Fenced Area(s): Yes, around the event equipment area only Stage(s), Structure(s) or Tent(s): Yes, 2 stages for event announcers and tents for officials, awards, athlete needs, event coordination, first aid, etc.
Security: Yes
Sponsor(s): Yes
Applicable Fees:
Application (Non-Profit) $616
Category II $2,940 x 4 event days = $11,760
Event Load-in $278 x 2 load-in days = $556
Event Load-out $278 x 1 load-out day = $278
Amplified Sound $181
Parking TBD
Co-Sponsors TBD
*Additional fees may apply due to required staffing and/or services from the City of Hermosa Beach’s Police Department, Building Division, Public Works Department and the Los Angeles County Fire Department 184
185
HERMOSA BEACH
SPECIAL EVENTS POLICY GUIDE
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1 This policy guide has been developed to clarify and carry out the City’s mission statement related to special events that occur on outdoor public spaces within the community.
Cover Image: Hermosa Beach Murals Project - John Van Hamersveld Mission Statement
Hermosa Beach strives to offer a safe and enjoyable environment for special events to take place in a way that balances resident and visitor needs. Special events in Hermosa Beach are celebrated for being community-friendly, enhancing local beach culture, and offering a myriad of benefits to the local community. The City of Hermosa Beach* works collaboratively with event operators in an efficient and clear manner to process and carry out permits in compliance with this policy.
* “City of Hermosa Beach” collectively refers to City staff, Parks, Recreation and Community Resources Advisory Commission, City Manager, and City Council.
City Contact Information
The City of Hermosa Beach Department of Community Resources is available to assist and answer any questions related to the special events process:
Website: www.hermosabeach.gov
Phone: (310) 318-0280
Email: [email protected]
Address: 710 Pier Avenue, Hermosa Beach, CA 90254
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2 Table of Contents
General Information + Frequently Asked Questions.......................................................................................3 When is a special events permit required?
How do I apply for a special events permit?
Are private events allowed?
What is the “Nothing Weekend”?
How will this policy be enforced?
Where are special events allowed?
Use Classification + Impact Characteristics……………………………………………….…...…………………5 Impact Characteristics Matrix
Pass-Through Events
Pier Plaza Promotions
Approval Guidelines + Requirements……………………………………………………………………….…….5 Event Approval Findings
Application Submittal Deadlines and Approval Process
Peak Season Event Limits
Simultaneous Use of North and South Volleyball Courts
Pre/Post Event Meetings
Accessibility Plan
Site Plan, Equipment, and Signage
Amplified Sound
Food, Beverage, or Merchandise Sales
Professional Filming
Security
Insurance
Event Day Expectations
Applicable Fees…………………………………………………………………………………….……………9
Current Fee Schedule
Application Fees
Special Events Permit Fee
Additional Fees
Damage Deposit
Refund/Cancellation Policy
Compliance…...…………………………………………………………………………………………...……11 Environmental Requirements
Applicable Codes + Regulations
Fee Waivers…...…………………………………………………………………………….…………...………12 Funding Limits
Eligibility
Approval
Obligations
Disqualification
Long-term Agreements………………………………………………………………………………..…………13 Eligibility
Term Limits
Procedures
Obligations
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3 General Information + Frequently Asked Questions
When is a special events permit required?
Any organized event, activity, celebration, or function involving the use of the beach at which one hundred (100) or more persons are to be assembled, or use of outdoor city facilities, rights-of-way, or parkland at which twenty-five (25) or more persons are to be assembled requires a special events permit. Additionally, special events permits shall be required for any commercial or non-profit group requesting use of any outdoor area or public facility within the city.
How do I apply for a special events permit?
Applications for special events must be submitted using the online form on the City of Hermosa Beach website and questions may be directed toward the Department of Community Resources.
Are private events allowed?
All events located on the beach within the commercial zone, the Pier, or Pier Plaza must be open to spectators/general public free of charge. Participant entry fees are permissible.
What is the “Nothing Weekend”?
On at least one weekend during each summer season, the Parks, Recreation and Community Resources Advisory Commission will recommend that no special events permits be issued. This means that any application for a special events permit that coincides with the designated “Nothing Weekend” will be asked to change dates in order for their event to be considered.
How will this policy be enforced?
The special events policy will be strictly enforced by Community Resources Department staff, Code Enforcement Officers, and the Police Department. Events, either permitted or unpermitted, found to be violating the City's rules or failing to comply with any of the requirements of the Hermosa Beach Municipal Code may be subject to penalties or fines. Special events, and any of its participants, vendors, or spectators, found to have caused damage or be in violation of any City rules may be subject to greater deposits, regulation, or restrictions when submitting special events applications in the future.
Where are special events allowed?
To ensure adequate space and resources are available, and to limit potential disturbances to residents, special events are limited to the following locations:
• South of Pier (Adjacent to the commercial area on the beach (between 10th Street and the pier); • North of the Pier (Adjacent to the commercial area on the beach (between the pier and 15th Street • Designated Surf Zone
• Along The Strand (only allowed for races or events that are continuously moving); • Pier Plaza
• Within a public right of way (please note that any event, race, or block party within the public right of way is subject to approval by the Chief of Police);
• The following City Parks and Facilities
o Valley Park: Corner of Gould and Valley Drive
o Community Center: 710 Pier Avenue
o Clark Field: 861 Valley Drive
o Greenwood Park: PCH & Aviation
o Edith Rodaway Park: Prospect & Hollowell Ave
o The Greenbelt
Events on the beach outside of the commercial area (between 10th and 15th Street) are not permitted. 189
4 Beach Special Event Boundaries
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5 Use Classifications + Impact Characteristics
Special events are evaluated based on a number of factors and will be categorized as a level I, II, or III event based on the information provided in the special events application. Once the information is submitted and reviewed by the Community Resources Department, City staff will determine the impact level of the event using the impact characteristics matrix.
The impact level of the event will be used to determine:
o applicable fees;
o timing of application submittal;
o requirements for pre event meeting and post event walk through; and o level of review for approval (City staff, Commission or City Council) Impact Characteristics Matrix
If more than one option is applicable, the highest characteristic will be used to determine the impact level.
Characteristic Impact Level I Impact Level II Impact Level III Attendees and spectators
total
100-500 501 – 1,999 2,000 or more
Event has previously occurred
in Hermosa Beach
3 or more years 1 or 2 years New event
Event location(s) a park or the beach Pier or Pier Plaza Streets, the Strand, or public right of way
Event season(s) Winter Spring or Fall Summer
Event day(s) Monday - Thursday Friday, Saturday, or
Sunday
Holiday
Total event days per year
(including set-up and teardown)
1-2 3-4 5 or more
Events per year 1-2 3-4 5 or more
Additional requests such as
filming, reserved parking,
fencing, stage, street closures,
or amplified sound
None 1-2 3 or more
Impact Level 5 or more applicable =
Impact Level I
2 or more applicable =
Impact Level II
2 or more applicable =
Impact Level III
Pass-Through Events
A pass-through event is exactly what the name implies, the event participants pass through the City of Hermosa Beach and the event does not start or end in Hermosa Beach. A special events application is required to be submitted and pass-through events must also go through the approval process required based on the impact level assigned to the event.
Pier Plaza Promotions
The Pier Plaza Promotion option is designed to provide companies or event sponsors a one-day promotional opportunity on Pier Plaza subject to a Pier Plaza use fee. These events must be strictly commercial product or service promotions and not special events. Companies or sponsors who request approval for this use will be required to submit a special events application.
Approval Guidelines + Requirements
Event Approval Findings
A special events permit may be issued upon finding that:
1. The applicant reimburses the City for all costs incurred by the City in connection with the event, including public safety, traffic control and monitoring.
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6 2. The number of estimated attendees can be accommodated at the proposed location and surrounding area.
3. The applicant is capable and qualified to manage the event in a competent, professional manner in accordance with all conditions of approval.
4. Adequate provision has been made for satellite parking, shuttle transportation and traffic control (as requested and determined by City staff).
5. Adequate provision has been made for security, crowd control, ingress and egress, and clean-up.
6. The total number of days required for the event shall not exceed sixteen consecutive days.
7. The applicant provides required insurance, deposits, bonding and indemnification of the City.
Application Submittal Deadlines and Approval Process
Special Events Applications must be submitted as follows:
• Level III events: Must be submitted no later than July 30 for the following calendar year. Will be subject to a public hearing by both the Parks and Recreation Commission and the City Council. Upon recommendation for approval by the Parks, Recreation and Community Resources Advisory Commission and approval by City Council, permits will be processed and issued by the Community Resources Manager. Applicants who do not meet the July 30 deadline, must submit an application at least ninety (90) days in advance of the event for consideration on a case-by-case basis. o New events: Please note, any events that are new to Hermosa Beach will need to follow the approval process for impact level III events.
• Level II events: Must be submitted at least ninety (90) days in advance of the event, but no earlier than October 15 of the prior calendar year. Upon Parks, Recreation and Community Resources Advisory Commission approval, the Community Resources Manager may process and issue permits. Should the Parks, Recreation and Community Resources Advisory Commission recommend denial of a Special Event, that decision may be appealed to the City Council.
• Level I events: Must be submitted at least thirty (30) days, but no earlier than October 15 of the prior calendar year. Level I events will be reviewed and permits will be issued by the Community Resources Manager. Should the Community Resources recommend denial of a Special Event, that decision may be appealed to the City Council.
o Pier Plaza Promotions: Review and approval of Pier Plaza Promotion events will follow the same approval process as Level I events.
The Parks, Recreation and Community Resources Advisory Commission and City Council will evaluate and recommend approval of Level III events and a “Nothing Weekend” first, and then will consider approval of Level II events. Events submitted earliest will be given priority for their preferred dates.
Review Timeline Application Period
Opens
Last Day to Submit
Application Commission Review City Council Review
Level I
October 15
(for following
calendar year)
30 days prior to event n/a n/a
Level II
October 15
(for following
calendar year)
90 days prior to event Beginning in
December n/a
Level III/
New Events
July 1
(for following
calendar year)
July 30
(for following
calendar year)
September Meeting –
Public Hearing
October Meeting –
Public Hearing
At the discretion of the Community Resources Manager, special events applications may be submitted for consideration after the application submittal deadline has passed, provided:
• there are unforeseeable circumstances (memorial service, team victory celebration, need for minimal marketing/advertising)
• the event does not exceed Peak Season Event Limits
• the event can still meet all of the event approval findings (as noted on Page 9) The Community Resources Manager and the City’s Special Events Team will participate in the review and approval of event applicants submitted after the deadline has passed. The Parks, Recreation and Community 192
7 Resources Advisory Commission and City Council will receive an update on the status of events submitted after the deadlines.
City staff will provide both a calendar of all upcoming special events and a brief event wrap-up summary for special events to the Parks, Recreation and Community Resources Advisory Commission and City Council (if required).
Event organizers are expected to be present at the Parks, Recreation and Community Resources Advisory Commission and City Council meetings (if required) where their event is scheduled to be reviewed.
Peak Season Event Limits
To balance coastal access with beach events, the beach/Pier Plaza area will be limited to the following number of events during the peak summer season (Memorial Day to Labor Day – approximately 100 days over the summer):
o Maximum of 30 days used by Level III Events
o Maximum of 40 days used by Level I and II Events, and City Sponsored/Contracted Events events (on days not used by Level III Events)
o Events under a Long Term Agreement will be categorized by their Impact Level Additionally, the monthly number of event limits for off-peak season (Labor Day to Memorial Day) will be limited to a maximum of 15 days used by events per month.
Simultaneous Use of North and South Volleyball Courts
One side of the North and South of Pier Volleyball courts will be required to remain open for general public use during special events occurring on weekends (exception provided for events that occur at the same time as City-sponsored classes utilizing the North or South of Pier Volleyball Courts) or at the discretion of the Parks, Recreation and Community Resources Advisory Commission and the City Council.
Pre/Post Event Meetings
Pre-event meetings and post-event walkthrough/evaluations with City staff and event producers may be required.
A “pre-event meeting” may be scheduled anytime between 3 months to several weeks prior to the actual event date as determined by City staff. The goal of this meeting is to provide information to any and all City departments involved or impacted by your event. The Community Resources Department may require any event to have an “on-site meeting” prior to the event and a final site map must be presented at this time. City staff may require multiple meetings if the event details require further discussion or if additional information is requested. First-time events that expect to be recurring events may also be required to attend a “post-event meeting.” The Community Resources Department will invite representatives from other City Departments to these meetings if who may be involved or affected by your event.
Permits may also specify a time for a “post-event walkthrough” where he applicant, event coordinator, or another authorized representative of the applicant is required to be present during the “post-event walkthrough” inspection, as staff will walk through the site and assess the condition it was left in.
Failure to participate in pre or post meeting events, may jeopardize your approved event or future events in Hermosa Beach.
Site Plan, Equipment, and Signage
A detailed map schematic must be submitted to move forward with the review and approval process that includes the proposed location of the event, including all temporary facilities/structures/signage/equipment to be erected, ingress and egress, number and type of vehicles and whether existing structures/facilities are to be relocated or modified. Events requiring Building, Police, or Fire Department review, must include maps and plans that are drawn to scale.
All recreational activities and set-up of recreational equipment should remain at least 50 feet from the Strand wall. Special considerations may be made for permitted and approved recreational events or activities by the City, Commission and/or City Council. Additionally, all recreational activities and set-up shall not block beach access or hinder emergency access onto and from the beach by the Los Angeles County Lifeguards. This includes temporary volleyball courts and temporary beach tennis courts. All tents must remain at least 10 feet from the Strand wall.
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8 A parking plan showing the number of public parking spaces to be occupied by the event organizers, the location of satellite parking lots to be used for attendee parking, arrangements for shuttle bus transportation, and plans for publicizing the availability of off-site public parking may also be required.
Events that set up bleachers, stages higher than 2’ off the ground, fencing or other temporary structures will be subject to review and inspection by the City Building Official prior to the start of the event. Accessibility compliance will be required for seating, bleachers or any stages higher than 2’ off the ground. Pedestrian access shall be maintained, and a layout plan may be required to ensure proper access and circulation.
Events including promotional signs/banners, a frame signs, and other signage items shall not be placed on City facilities or premises without prior written approval from the City and must include a temporary sign/banner permit and site plan.
Accessibility Plan
It is the applicant’s responsibility to comply with all City, County, State and Federal disability access requirements applicable to the event, including the American with Disabilities Act (ADA). All indoor and outdoor sites, activities and programs must be accessible to persons with disabilities.
Amplified Sound
Amplified sound (Public Address system for announcements, etc.) is limited to the hours of 10:00 AM to 9:00 PM for up to a total of four hours in any day. Exceptions may be approved for special events, in conjunction with the Special Event approval. Events must comply with the City Noise Ordinance HBMC 8.24 and speakers must be facing westward (towards the ocean) at all times. Event producers are required to obtain an Amplified Sound Permit if the event intends to use a loudspeaker or sound amplifying equipment for the purpose of giving instructions, directions, lectures, or transmitting music. Requests should be noted when submitting a special events application to the Community Resources Department to ensure proper coordination with the Chief of Police. The Chief of Police will consider the following in the issuance of amplified sound permits:
1. The volume and intensity of the noise, particularly as it is experienced within a residence or place of business;
2. Whether the noise is prolonged and continuous;
3. How the noise contrasts with the ambient noise level;
4. The proximity of the noise source to residential and commercial uses;
5. The time of day; and
6. The anticipated duration of the noise
Food, Beverage, or Merchandise Sales
In accordance with HBMC Section 12.20.300, the sale of food, non-alcoholic beverages, or branded merchandise from the event producer on the beach are allowed pursuant to a special events permit approved by the City Council. The sale of any other commodity, merchandise, wares, products, or service on the beach or the strand is not allowed.
Applicant is responsible for obtaining any applicable food or beverage permits. A Temporary Food Permit is required when selling, serving, giving away, or sampling food or consumable products, including water or other beverages, at a public event. Additionally, each food vendor at the event must also have a Temporary Food Permit. Different permits, policies and procedures depend on the classification and the number of days of the event. As part of the food handling requirements, applicants or event organizers are required to include public safety features in the event plans such as hand-washing sinks. The County of Los Angeles Department of Environmental Health issues food permits. It is the responsibility of the applicant to ensure all vendors have current permits.
If the sale of alcohol is included in a special event application (requests for alcohol on the beach will not be approved), approval from the City Council is required and the applicant must request authorization from the State of California Department of Alcohol Beverage Control (ABC). A copy of the ABC License must be provided to the Community Resources Department prior to the issuance of a permit. City departments may place restrictions on the way in which alcohol is managed at a proposed event.
Professional Filming
A Film Permit Application is required for any event utilizing professional filming equipment or recording activities resulting in commercial use. Information about professional filming permits can be obtained on the City of Hermosa Beach website.
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9 Security
City staff or law enforcement may deem an activity warrants the presence of one or more Police Officers or security personnel and the cost of such services shall be borne by the applicant. Security personnel must be licensed, in uniform and are subject to approval by the City. Proof of obtaining the required security personnel must be provided to the Community Resources Manager at least two (2) weeks prior to the event.
Portable Restrooms + Hand Sanitizing/Sink Facilities
Events may be required to provide portable restrooms and hand-sanitizing/sink facilities. The cost of such services shall be borne by the applicant. The number of portable restrooms and hand-sanitizing/sink facilities required will be determined by City staff and factors such as the event location, total duration of the event, estimated attendance (participants and spectators), season the event takes place and whether food and beverage will be served will be considered. City staff will designate the location for any portable restrooms and hand-sanitizing/sink facilities required at the event location.
Insurance
At least ten (10) days prior to the event, applicants will provide the City with a certificate of insurance providing liability insurance with the following requirements:
Applicant agrees to furnish the City of Hermosa Beach evidence of comprehensive general liability insurance in the form of a certificate naming "the City of Hermosa Beach, its officers, agents, volunteers, and employees as additional insureds." This exact verbiage is required. Applicant shall notify the City at least thirty (30) days prior to the termination, reduction, cancellation, suspension, modification, or expiration of the policy. Notwithstanding the foregoing, Applicant shall maintain insurance coverage meeting the standards outlined in this Section at all times during the term of the activity or activities for which Applicant submitted its application, as reflected in and permitted by this Agreement. All certificates are subject to approval of the City’s Risk Manager.
Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering commercial general liability on an "occurrence" basis, including property damage, bodily injury, death, and personal and advertising injury with limits no less than two million dollars ($2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement, or the general aggregate limit shall be twice the required occurrence limit. The City reserves the right to request greater or lesser amounts of insurance coverage.
If the use includes athletic activities, Applicant shall provide evidence of that the commercial general liability insurance includes coverage for injuries to athletic participants and participant accident insurance.
If the Applicant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Event Day Expectations
In order to immediately address any issues or changes that may arise during the course of an event, producers are responsible for:
• Providing a cell phone number upon which City staff may contact the producer • Being available on-site or providing a designated contact at all times during the event. This includes agreement that producers (or their designated contact) will not actively participate in the event. • Maintaining copies of all applicable special events permits and any other permits issued by the City of Hermosa Beach on-site during the event.
Applicable Fees
All special events are subject to an application fee, special event category fees and additional fees established by resolution of the City Council and any additional costs incurred by the City on behalf of the event. Payment of special event fees is due upon receipt. The Community Resources Manager has the discretion to revoke a permit or place a hold on processing future event applications if all applicable fees are not paid in a timely manner.
195
10 Current Fee Schedule
Event Categories Fee
Category I
• Less than 500 people
Non-profit: $2 per registrant
and roster or participants
due to City
Commercial: 70/30
split of proceeds
and roster or participants
due to City
Category II
• Impacts public areas for no longer than one (1) day including set-up/tear-down • Is conducted in the off-season (not between Memorial Day and Labor Day or on any holiday)
• Participant plus spectator crowd more than 500 but less than 3,000 • Has no television coverage (except news)
• A non-profit entity is the beneficiary of the net revenues (100%) • Does not meet any of the identifying criteria for a Category III or IV event $2,940 per event day
Category III
• Impacts public areas for more than one (1) day including set-up/tear-down • Participant plus Spectator crowd does not exceed 5,000 • Has no television coverage (except news)
• Has more than $3,000 and less than $50,000 in prize money • Does not meet any of the identifying criteria for a Category IV event $3,235 per event day
Category IV
• Meets Category III Criteria and has one or more of the following:
▪ Has network television coverage
▪ Estimated participant/spectator crowds exceed 5,000 people ▪ Prize money in excess of $50,000
▪ Charges admission to spectator
▪ Gross revenues in excess of $50,000
$5,882 per event day
Additional Fees Fees
Commercial Application Fee - non-refundable $924
Non-Profit Application Fee - non-refundable $616
Pass-Thru Application Fee - non-refundable $308
Amplified Sound Permit $181
Pier Plaza Use Fee $12,312 per event day
Event Co-Sponsor $311 each
Event Set-Up/Tear-Down $278 per location, per day
Community Resources Staff $369 per day
Parking Meter Space Fee $1.25 per hour (8am-8pm)
$1.50 per hour (8pm-8am)
Depending on event details additional fees may apply due to required staffing and/or services from the City of Hermosa Beach’s Building Division, Police Department, Public Works Department and the Los Angeles County Fire Department.
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11 Application Fees
Upon review of the special events application, City staff will follow up to the event contact to collect payment of the application fee, which will be due immediately to continue the review and approval process. This fee will not be applied to special events permit fees and is non-refundable.
Special Events Permit Fees
Events are subject to a daily permit fee based on the designated event category level.
Payment of applicable special event permit fees shall be due following event approval and must be submitted at least 10 days in advance of the scheduled event.
Additional Fees
The Community Resources Department will confirm the necessary permits during application review and will coordinate with applicants to secure permits and process fees from the appropriate City departments once the Special Event is approved by the appropriate review body. Additional fees may be required for:
• the use of Pier Plaza and reservation of City Facilities • installation of street banners or temporary signs
• reservation/use of public parking spaces
• use of amplified sound
• use of professional filming or still photography
• presence of police, fire, community resources, or paramedic staff on site before, during or after event • application for business license
Damage Deposit
Monetary deposits, bonds and other security may be necessary to guarantee performance of all required conditions, clean-up and repair of any City property or facilities damaged as a result of the event. Events may be required to submit a deposit to cover any potential damage to City facilities. All or a portion of the deposit may be refunded upon post event inspection or sign-off by Public Works, Chief of Police, or other applicable City staff. Events will be billed for the costs to repair or replace any City property damaged as a result of the event if the damage exceeds the deposit provided.
Refund/Cancellation Policy
Once a permit is approved and issued, the special events permit and additional impact fees may be refunded when written notice is given to the Community Resources Department at least two weeks prior to the event date and provided that no staff services are incurred. If rain is predicted and the decision is made to cancel within two weeks prior to the event, no monetary refund will be given but City staff will work with event producers to re-schedule events to another available date.
Compliance
Environmental Requirements
All events will be required to submit an environmental protection plan showing proposed compliance to reduce environmental impacts as part of the application form. Such measures may include, but shall not be limited to:
• Waste recycling and reduction
• Energy efficiency
• Protection of the marine environment
• Community education opportunities
• Monitoring and reporting compliance with the environmental protection plan Applicable Codes + Regulations
The City of Hermosa Beach Municipal Code governs the approval, review, and enforcement of Special Events.
The Special Event Policy rules and regulations must be strictly adhered to and all pertinent City Ordinances shall be enforced. The sections of the Hermosa Beach Municipal Code relevant to Special Events include:
Title 8 – Health and Safety
8.24 Noise Control -
http://www.codepublishing.com/CA/HermosaBeach/#!/HermosaBeach08/HermosaBeach0824.html
8.64 Ban on Polystyrene Food Service Ware –
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12 http://www.codepublishing.com/CA/HermosaBeach/#!/HermosaBeach08/HermosaBeach0864.html#8.64 Title 9 – Public Peace Morals and Welfare
9.28 Parties, Events and Gatherings on Private Property http://www.codepublishing.com/CA/HermosaBeach/#!/HermosaBeach09/HermosaBeach0928.html#9.28 Title 10 – Vehicles and Traffic
10.28 Loading and Unloading
http://www.codepublishing.com/CA/HermosaBeach/#!/HermosaBeach10/HermosaBeach1028.html#10.28
10.32 Stopping, Standing and Parking
http://www.codepublishing.com/CA/HermosaBeach/#!/HermosaBeach10/HermosaBeach1032.html#10.32 Title 12 Street, Sidewalks and Public Places
12.20 Beach and Strand Regulations
http://www.codepublishing.com/CA/HermosaBeach/#!/HermosaBeach12/HermosaBeach1220.html#12.20
12.24 Municipal Pier
http://www.codepublishing.com/CA/HermosaBeach/#!/HermosaBeach12/HermosaBeach1224.html#12.24
12.28 Parks, Playgrounds and Other Public Areas
http://www.codepublishing.com/CA/HermosaBeach/#!/HermosaBeach12/HermosaBeach1228.html#12.28 Fee Waivers
To support qualifying organizations, the City provides special event fee waiver grant opportunities to assist in its success by relieving the financial burden associated with the cost of the City’s special event fees. The Special Event Fee Waiver Grant Policy is intended for those events required to complete the annual application filing, review, and approval process. Events and organizations that qualify for a long-term agreement are not bound to the terms of this policy.
Funding Limits
The Parks, Recreation and Community Resources Advisory Commission (“Commission”) awards grant funding for qualified organizations that have received approval to hold their event in the City of Hermosa Beach. The annual award limit of the Special Event Fee Waiver Grant is approved by the City Council each fall for the upcoming calendar year. Grants will be awarded up to a maximum of $2,500 per event or a 50% reduction of indirect City special event fees, whichever is the lesser amount.
Awards may only be used toward indirect special event fees charged by the City; direct costs (i.e. application processing fee, inspections, staff time, Police or Fire services, etc.) are not eligible for consideration of this grant and organizations are required to pay those in full. A fee worksheet is included in the Fee Waiver Grant Application that further outlines those fees eligible under this grant. The minimum amount of requested special event fee waiver grants must total at least $250. Fee waivers will not be considered for events taking place between Memorial Day and Labor Day (peak season).
Eligibility
In order to be eligible to apply for a Special Event Fee Waiver Grant, the special event must have been successfully approved through its applicable approval process as outlined in the Special Event Policy Guide.
Following approval of a special event, a completed Special Event Fee Waiver Grant Application is required to be submitted to the Community Resources Department at least 60 days prior to the event. Following a review to ensure the completeness of the application, the request will be included on an upcoming meeting of the Commission for its formal review and determination of grant award. 198
13 Fee waivers may be granted when the Commission determines that the event is of significant value to the community or to a significant portion of its residents and provides a measurable community benefit. In addition, the organization producing the event must meet at least 1 (one) of the following criteria:
1) An organization that has a demonstrated community benefit to Hermosa Beach. 2) Hermosa Beach business that is not delinquent on city permits or fees. 3) Organizations that are producing returning events to the City of Hermosa Beach and can demonstrate:
a. A community benefit (must complete the Community Benefit form); or b. A positive economic impact as a result of the event (must complete the Economic Impact Report with previous years’ event details).
Activities specifically prohibited from receiving a fee waiver grant include those events that:
• Promote, advocate or advance a political message or belief. • Projects or organizations who have unsatisfactorily fulfilled its obligations from previous Special Event Fee Waiver Grant awards.
Approval
The five (5) member Commission is tasked with reviewing and determining the level of Special Event Fee Waiver Grant award at one of their regular meetings held on the first Tuesday of each month beginning at 7:00pm.
Consideration will include careful review of:
• Special Event Fee Waiver Grant Application.
• Community Benefit Form (if required).
• Economic Impact Report (if required).
• Successful fulfillment of previously awarded grant obligations.
In addition, the Commission will consider the following evaluation criteria:
• Whether the event serves, involves, and/or promotes Hermosa Beach, its residents, schools, and/or businesses.
• Whether the event delivers substantive and measurable economic and community benefits to the City. • Whether the event enhances the quality of life to the Hermosa Beach community; offering recreational, cultural, social, and or and/or educational activities of interest to the community.
The Commission’s decision to deny grant funding for specific events is appealable by the City Council. The City Council will not consider additional fee waiver considerations in addition to the maximum award amounts allowable through the Special Event Fee Waiver Grant program.
Obligations
Organization receiving grant funding through the Special Event Fee Waiver Grant program will be required to complete the following:
• Submission of a Grant Final Report within 30-days following the event. • A formal presentation to the Parks, Recreation and Community Resources Advisory Commission at one of its regular meetings no more than 60-days following the event. The presentation shall include discussion of:
o Number of attendees.
o Beneficiary of funds raised by the event (if applicable). o Overview of event budget and financial outlook.
Disqualification
Failure to complete these requirements in accordance with this policy shall automatically disqualify the organization from submitting a future request to receive a Special Event Fee Waiver Grant for the remainder of the current calendar year plus one additional year.
If any information submitted as part of the Special Event Fee Waiver Grant is found to be fraudulent, event approvals already granted for the remainder of the calendar year will be automatically revoked. While the organization will be permitted to reapply for approval of event(s) in the following calendar year, it will no longer be eligible to apply for Special Event Fee Waiver Grants.
Long-term Agreements
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14 The City of Hermosa Beach recognizes the value in hosting a variety of beloved community events that help create a balanced and enjoyable events calendar for its residents. To support and develop a long- term approach to the scheduling of events, eligible events can qualify for a long-term agreement (LTA) with the City.
Eligibility
In order for an organization to be eligible for consideration of a long-term agreement, its event(s) must satisfactorily meet at least three of the following:
□ The event(s) must qualify as an Impact Level II or III (per the Impact Worksheet), and at least one of the following:
o Have a combined estimated total of 5,000 people in attendance; or o The event must be at least two (2) consecutive days (including setup and teardown). □ Have held its event in Hermosa Beach for at least three consecutive years and can demonstrate a positive and differentiated impact to the city including substantive and measurable economic and community benefits;
□ The event must be produced by an organization that serves, involves, and/or promotes Hermosa Beach’s coastal lifestyle, its residents, schools, and/or businesses; and □ The organization or event producer must be able to demonstrate how its programs (outside of those provided at the event) provide a positive impact to the City including enhancements to quality of life to the Hermosa Beach community; or the offering of recreational, cultural, social, and/or educational activities of interest to the community.
Upon request of an organization whose event does not satisfy one or more of the above eligibility criteria, the City Council may at a regular Council meeting authorize such organization to apply for an LTA where its event provides a demonstrable or differentiated benefit to the community or a service that the City would otherwise be unable to provide.
Term Limits
LTA’s shall be for no less than two (2) years but shall not exceed a maximum of three (3) years unless otherwise determined by the City Council.
Procedures
The following steps are required to guide the development and implementation of an LTA:
1. Submittal of an LTA Application and corresponding letter to the Community Resources Department explaining the organization’s qualifications (as outlined above).
2. Review and recommendation for City Council approval by the Parks, Recreation and Community Resources Advisory Commission (Commission).
3. Review and approval by the City Council to begin LTA negotiations with Staff.
4. LTA negotiations and development.
5. Presentation of the final LTA to the City Council for approval.
Obligations
Organizations whose event(s) are approved through an LTA are required to provide a formal presentation to the Commission at one of its regular monthly meetings no more than 60-days prior AND 60-days following its event(s). The pre-event presentation shall include a general event overview including anticipated number of attendees; an overview of the event footprint and individualized setup; and its anticipated impact(s) to the community, etc. The post-event presentation shall include a general overview including the actual number of attendees; actual impact(s) to the community; and any event struggles and successes, etc. 200
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0293
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
ADOPTION OF AN ORDINANCE
OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ADOPTING A MILITARY USE EQUIPMENT POLICY,
IN ACCORDANCE WITH ASSEMBLY BILL 481
(City Clerk Myra Maravilla)
Recommended Action:
Staff recommends City Council waive the full second reading and adopt by title an ordinance of the City of Hermosa Beach adopting a military use equipment policy in accordance with Assembly Bill 481 (Attachment 1), and direct staff to publish a summary ordinance (Attachment 2).
Executive Summary:
At its April 26, 2022 meeting, City Council introduced and waived first reading of an ordinance adopting a military use equipment policy pursuant to Assembly Bill 481 (AB 481). The proposed text would comply with the requirements of AB 481 to increase transparency, accountability, and oversight surrounding the use and acquisition of military equipment by state and local law enforcement.
Background:
AB 481 was enacted to increase transparency, accountability, and oversight surrounding the use and acquisition of military equipment by state and local law enforcement. The legislation requires law enforcement agencies to obtain approval from the legislative bodies that oversee them before purchasing, raising funds for, or acquiring military equipment, by any means. Law enforcement agencies are also required to obtain approval from their legislative bodies before collaborating with another law enforcement agency in the deployment or use of military equipment within the law enforcement agency’s jurisdiction, or before using any new or existing military equipment not previously approved.
Under AB 481, a governing body approval must take the form of an ordinance adopting a publicly released, written military equipment use policy, which must address a number of specific topics, including the type, quantity, capabilities, purposes, and authorized uses of each type of military equipment; the fiscal impact of their acquisition and use; the legal and procedural rules that govern their use; the training required by any officer allowed to use them; the mechanisms in place to ensure City of Hermosa Beach Page 1 of 4 Printed on 5/6/2022
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their use; the training required by any officer allowed to use them; the mechanisms in place to ensure policy compliance; and the procedures by which the public may register complaints.
The governing body must consider a proposed military equipment use policy in open session and may only approve a military equipment use policy if it makes various specific findings regarding the necessity of the military equipment and the lack of reasonable alternatives.
AB 481 also requires any law enforcement agency that receives approval for the use of military equipment to submit annual reports to the governing body regarding the use of the equipment, complaints received, internal audits, and other information about violations of the military equipment use policy, the cost of such use, and other similar information.
At its April 26, 2022 meeting, City Council approved the introduction of the ordinance by the following vote:
Ayes: Mayor Detoy, Mayor Pro Tem Jackson, Councilmembers Campbell, and Massey Noes: None
Absent: Councilmember Armato
Abstain: None
Past Council Actions
Meeting Date Description
April 26, 2022
(Regular Meeting)
City Council introduced and waived first reading of an
ordinance adopting a military use equipment policy pursuant to Assembly Bill 481.
Analysis:
Law enforcement incidents can be unpredictable and complex. In order to de-escalate violent and tense situations, at times special equipment, tools, or resources may be necessary to reduce the possibility of harm to community members, individuals directly involved in the incident and officers and to increase the likelihood of a positive outcome. Military equipment, as that term is defined by statute, includes, but is not limited to, unmanned aerial (i.e., drones) or ground vehicles, bulletproof vehicles, pepper balls, less lethal 40mm projectile launchers, and distraction devices. These tools have been tested in the field and are used to help enhance community safety, officer safety, and reduce the need for escalation of force. They are commonly utilized by law enforcement and their use is considered best practices. The Hermosa Beach Police Department (“Department”) has not discovered other reasonable alternatives for these tools that can achieve the same objectives of community member safety and officer safety as these tools are capable of doing.
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The Department is committed to utilizing equipment that helps to safeguard the community and reduce the risk of escalating volatile situations that might rise to the level of a lethal encounter.
The proposed Ordinance (Attachments 1 and 2) and AB 481 Policy (Attachment 3) provide for safeguards to the public’s safety, welfare, and civil rights and ensure transparency, oversight, and accountability measures are in place. As examples, the Department would be required to conduct annual audits of the equipment to ensure compliance with the policy, annually report to City Council the use of this equipment, and seek approval prior to additional military equipment.
General Plan Consistency:
This report and recommendation have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Governance Element
Goal 1. A high degree of transparency and integrity in the decision-making process.
Policy:
· 1.1 Open meetings. Maintain the community’s trust by holding meetings in which decisions are being made, that are open and available for all community members to attend, participate, or view remotely.
Public Safety Element
Goal 5. High quality police and fire protection services provided to residents and visitors.
Policy:
· 5.2 High level of response. Achieve optimal utilization of allocated public safety resources and provide desired levels of response, staffing, and protection within the community.
Fiscal Impact:
The fiscal impact will vary from year to year based on training, staffing, and use required of equipment throughout the year.
Attachments:
1. Draft Ordinance Adopting AB 481
2. Draft Summary Ordinance AB 481
3. S2.31 Military Equipment Use Policy
4. Link to April 26, 2022 City Council Staff Report
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Respectfully Submitted by: Myra Maravilla, City Clerk
Fiscal Impact: Viki Copeland, Finance Director
Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
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65270.00001\34421077.1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF HERMOSA BEACH ADOPTING A
MILITARY USE EQUIPMENT POLICY, IN ACCORDANCE WITH
ASSEMBLY BILL 481.
The City Council of the City of Hermosa Beach does hereby ordain as follows:
Section 1. Recitals.
A. On September 30, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code section 7070(c).
B. AB 481 requires adoption of a military use equipment policy (“Policy”) by the City Council before the Hermosa Beach Police Department (“Department”) may take action to request military equipment; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute.
C. In accordance with AB 481, the proposed Policy was made available on the website on the Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy.
D. In accordance with AB 481, the Policy is on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act.
E. This Ordinance will be reviewed by City Council at least annually and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481.
Section 2. Findings. Pursuant to Government Code section 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:
A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
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65270.00001\34421077.1
B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
C. If the Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
Section 3. Adoption of the Military Equipment Policy. The City Council hereby adopts the Military Use Equipment Policy, which are all attached hereto as Exhibit “A”.
Section 4. Environmental Review. The City Council finds that adoption and implementation of this ordinance is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) sections 15061(b)(3), and 15378(b)(5). The effect of the proposed amendment will be to maintain the status quo. No new development will result from the proposed action. No impact to the physical environment will result. The City Council also alternatively finds that the adoption and implementation of this ordinance is exempt from the provisions of CEQA as an administrative activity by the City of Hermosa Beach, that will not result in any direct or indirect physical change in the environment, per sections 15061(b)(3), and 15378(b)(5) of the CEQA Guidelines, as well as CEQA Guidelines section 15064(e) (economic regulations).
Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.
Section 7. Pursuant to California Government Code section 36937, this ordinance shall take effect thirty (30) days after its final passage.
Section 8. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Hermosa Beach’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and cause it to be published or posted in accordance with California law. 207
65270.00001\34421077.1
PASSED, APPROVED and ADOPTED this __th day of _________________, 2022.
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________________
MAYOR of the City of Hermosa Beach, California
ATTEST:
___________________________
City Clerk
APPROVED AS TO FORM:
___________________________
City Attorney
208
65270.00001\34421077.1
Exhibit “A”
[Insert AB 481 Policy]
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NOTICE AND SUMMARY OF ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY OF HERMOSA BEACH ADOPTING A MILITARY USE EQUIPMENT POLICY, IN ACCORDANCE WITH ASSEMBLY BILL 481.
Notice is hereby given that on May 10, 2022, the City Council of the City of Hermosa Beach (“City”) will consider the adoption of Ordinance No. XXXX, adopting a Military Equipment Use Policy pursuant to Assembly Bill (“AB”) 481 and adding said Policy to the Hermosa Beach Police Department’s Policy Manual. The Ordinance demonstrates the City’s compliance with AB 481 by establishing guidelines for the acquisition, funding, use, and reporting of military equipment, as defined by Government Code section 7070, including but not limited to requiring annual compliance reports and engaging with the community regarding any questions or concerns relating to the Military Equipment Use Policy. The City’s Military Use Equipment Policy is available for review on the City’s website. Upon adoption of this Ordinance adopting a Military Equipment Use Policy, the City will thereafter submit annual compliance reports regarding the use and acquisition of military equipment pursuant to Government Code section 7072, and make said reports publicly available on the City’s website.
The above is a simply a summary of the Ordinance. To obtain a full understanding of the Ordinance, it should be read in its entirety. A certified copy of the full text of the Ordinance is posted in the City Clerk’s office at Hermosa Beach City Hall, 1315 Valley Drive, 2nd floor, Hermosa Beach, CA 90254, and on the City’s website at http://www.hermosabeach.gov. 210
HERMOSA BEACH POLICE DEPARTMENT
S2.31 MILITARY EQUIPMENT USE POLICY Effective 03/28/2022
PURPOSE
The purpose of this policy (“Policy”) is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment pursuant to Assembly Billy 481 (“AB 481”). (California Government Code 7070, et seq.).
POLICY
It is the Policy of the Hermosa Beach Police Department (“HBPD” or “Department”) that members of this Department comply with the provisions of Government Code section 7071 with respect to military equipment.
DEFINITIONS
Definitions related to this Policy include those provided in Government Code section 7070, and as follows:
Governing body – City Council of the City of Hermosa Beach (“City Council”).
Military Equipment – Includes but is not limited to the following:
Unmanned, remotely piloted, powered aerial or ground vehicles. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this policy. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this Policy. Tracked armored vehicles that provide ballistic protection to their occupants. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
Weaponized aircraft, vessels, or vehicles of any kind. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this Policy. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this Policy.
Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this Policy.
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Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, except for standard issue service weapons and ammunition of less than .50 caliber that are issued to employees of the HBPD. Any firearm or firearm accessory that is designed to launch explosive projectiles. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. Any other equipment as determined by the City Council to require additional oversight.
ANNUAL REPORT
The HBPD shall provide the City Council with an annual military equipment report regarding our approved military equipment within one year of this Policy’s approval, and annually thereafter, for as long as military equipment is available for use by the HBPD.
The most recently completed annual military equipment report will also be made publicly available on the HBPD’s internet website at least thirty (30) days prior to the HBPD providing the annual military equipment report to the City Council. The HBPD will continue posting annual military equipment reports on the HBPD’s internet website for as long as military equipment is available for use by the HBPD.
The annual military equipment report shall, at a minimum, include the following information:
1. A summary of how the military equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the military equipment.
3. The results of any internal audits, any information about violations of this Policy, and any actions taken in response.
4. The total annual cost for each type of military equipment. This will include acquisition, personnel, training, transportation, maintenance, storage, upgrades, and other ongoing costs. This will also include from what source the funds will be provided for the military equipment in the calendar year following the submission of the annual military equipment report.
5. The quantity possessed for each type of military equipment.
6. If the HBPD intends to acquire additional military equipment in the next year, the report will include the quantity sought for each type of military equipment.
COMMUNITY ENGAGEMENT
The HBPD shall make proposed changes to this Policy available on HBPD’s internet website at least thirty (30) days prior to any public hearing concerning the military equipment at issue. 212
Within thirty (30) days of submitting and publicly releasing an annual military equipment report pursuant to this Policy, the HBPD shall hold at least one well-publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the annual military equipment report, and the HBPD’s funding, acquisition, or use of military equipment.
MILITARY EQUIPMENT INVENTORY
The HBPD’s inventory of military equipment is attached to this Policy as Exhibit “A,” and is incorporated into this Policy by this reference.
Exhibit “A” will be updated annually during preparation for the annual military equipment report, and its updated version will be replaced within this policy prior to the annual military equipment report being submitted to the City Council.
MILITARY EQUIPMENT COORDINATOR
The Chief of Police or their designee, should assign at least one HBPD employee, who should be at or above the rank of Sergeant, to be the Military Equipment Coordinator. The Military Equipment Coordinator may receive assistance from other HBPD employees or HBPD volunteers. The responsibilities of the Military Equipment Coordinator include, but are not limited to:
1. Conducting an inventory of all military equipment owned or operated by the HBPD at least annually, and prior to preparing the annual military equipment report. This inventory includes the aggregate cost and quantity for each type of ammunition controlled by this policy that was purchased since the submission of the previous year’s annual military equipment report.
2. Preparing the annual military equipment report for submission to the City Council pursuant to the section of this Policy titled, “Annual Report;” and ensuring that this report is displayed on the HBPD’s internet website at least thirty (30) days prior to any public hearing concerning military equipment and keeping it on the HBPD’s internet website for as long as military equipment is available for use by the HBPD.
3. Preparing for, scheduling, advertising, and coordinating the annual military equipment community engagement meeting within thirty (30) days of submitting and publicly releasing an annual military equipment report.
4. Answering questions, responding to concerns, and receiving complaints from the public about the HBPD’s possession or usage of military equipment. The Military Equipment Coordinator may be used as a subject matter expert if a complaint involves the possession or use of military equipment.
COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member this Department shall be approved for use in accordance with this Policy. Military equipment used by other jurisdictions that are providing mutual aid to the City of Hermosa Beach, or otherwise engaged in law enforcement operations in the City, shall comply with their respective military equipment use policies in rendering mutual aid or carrying out a law enforcement function related to a criminal matter under their investigation. 213
QUESTIONS, CONCERNS, OR COMPLAINTS
Any member of the public may direct questions, concerns, or complaints related to the equipment controlled by this Policy to any member of the HBPD, in person or by any electronic means, including by calling the HBPD’s non-emergency business number (#310-318-0360). If a HBPD member’s response is deemed unsatisfactory, then the question(s), concern(s), or complaint(s) should be forwarded to the Military Equipment Coordinator who should respond in a timely manner. If the Military Equipment Coordinator’s response is deemed unsatisfactory, or if the Military Equipment Coordinator believes it would be more appropriate to do so, then the question(s), concern(s), or complaint(s) should be forwarded to an on-duty watch commander, or up their chain of command.
COMPLIANCE
Department members are bound to adhere to this Policy, in addition to state and local laws and ordinances when employing the use of military equipment at any time. Violations of the law or this Policy may result in criminal or administrative investigations and, or actions.
APPROVED.
Paul LeBaron
Chief of Police
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0271
notHonorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
APPROVAL OF SECOND AMENDMENT TO AGREEMENT FOR PROJECT
MANAGEMENT/COORDINATION IN IMPLEMENTING THE MUNICIPAL STORMWATER (MS4) PERMIT WITH JOHN L. HUNTER AND ASSOCIATES, INC.
(Environmental Programs Manager Doug Krauss)
Recommended Action:
Staff recommends City Council:
1. Approve the proposed second amendment to an agreement with John L. Hunter and Associates, Inc. for project management/coordination in implementing the Municipal Stormwater (MS4) Permit to extend the contract by two years, through June 30, 2024, and extend the annual compensation amount of $114,989 resulting in a total amended contract term of five years and a total not-to-exceed amount of $574,945; and
2. Authorize the Mayor to execute and the City Clerk to attest the attached second amendment subject to approval by the City Attorney (Attachment 4).
Executive Summary:
The City entered into an agreement on August 27, 2019 with John L. Hunter and Associates, Inc. (JLHA) to provide project management/coordination in implementing the Municipal Stormwater (MS4) Permit. The proposed second amendment would extend the agreement for two additional years and extend the annual not-to-exceed compensation of $114,989 resulting in a total amended contract term of five years and total not-to-exceed amount of $574,945.
Approval of the agreement would allow continuation of a variety of stormwater-related services including site inspections, policy development, and annual reporting. These services ensure the City’s compliance with relevant laws and regulations, and help advance the City’s important pollution prevention goals.
Background:
In June 2019, the City of Hermosa Beach issued a formal request for proposals to provide professional stormwater consulting services. Upon completion of the competitive review process, John L. Hunter and Associates, Inc. was selected to provide the requested professional services.
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At its regular meeting on August 27, 2019, City Council approved an agreement with John L. Hunter and Associates, Inc. to administer the City's Municipal Stormwater Management Program in connection with National Pollutant Discharge Elimination System (NPDES) permit requirements and to perform a host of stormwater related services for an annual amount of $114,989 (Attachment 2).
The services described in the agreement include:
· Annual Clean Bay Restaurant inspections and reporting; · Commercial/Industrial stormwater inspections;
· General policy and regulatory support;
· Grant application assistance and reporting, including Safe Clean Water funding; · Annual stormwater reporting assistance;
· Private development plan review and inspection as needed; · Stormwater capital improvement project support;
· Sewer system management plan assistance and guidance; and · Training for City staff and contractors.
On December 10, 2019, the City and consultant executed the first amendment to the agreement to correct an error such that the Agreement reflects the parties mutual understanding when entering into the Agreement (Attachment 3).
Past Council Actions
Meeting Date Description
August 27, 2019 Award of an agreement with John L. Hunter and Associates Inc. for Professional Stormwater Consulting Services
Discussion:
For many years the City has utilized the service of consultants to augment efforts to administer the City’s stormwater programs. Additional resources support the City’s own ambitious efforts to preserve and protect the health of its beach and ocean, as well as the complex and evolving nature of stormwater regulation.
John L. Hunter and Associates, Inc. (JLHA) has been a well-regarded stormwater consultant in Southern California for many decades. Its staff works well with various City staff and with partners in many other local and regional agencies. The consultant has been instrumental in helping the City successfully apply for regional Safe Clean Water funds to construct proposed renovations to Parking Lot D. This funding was approved by the South Santa Monica Bay Watershed Area Steering Committee in April 2022.
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The City is also engaged in ongoing discussions with the Regional Water Quality Control Board (Water Board) to ensure final approval of its recently submitted Enhanced Watershed Management Plan which dictates the programs and projects the City must implement to remain compliant with pollution reduction requirements. These discussions also include possible extensions of compliance deadlines to allow timely completion of required capital projects and JLHA will be integral to those efforts.
JLHA is also in the midst of its required stormwater inspections of commercial properties, as well as inspections of restaurants as part of the City’s Clean Bay Restaurant program. These inspections have been instrumental in ensuring citywide compliance with other important programs such as the single-use plastics ban and organics recycling requirements.
If approved, the proposed second amendment (Attachment 4) would extend the term of the agreement two additional years to allow continuation of a variety of stormwater-related services including site inspections, policy development, and annual reporting. These services ensure the City’s compliance with relevant laws and regulations and help advance the City’s important pollution prevention goals.
The consultant, JLHA, provided an updated proposal for the additional term, which includes revised hourly rates but with no change to the annual not-to-exceed contract amount of $114,989. Staff recommends City Council approve the proposed contract amendment to ensure continuation of the many City stormwater programs and activities.
General Plan Consistency:
This report and associated recommendations have been evaluated for their consistency with the City’s General Plan. Relevant Policies are listed below:
Infrastructure Element
Goal 5. The stormwater management system is safe, sanitary, and environmentally and fiscally sustainable.
Policy:
· 5.1 Integration of stormwater best practices. Integrate stormwater infiltration best practices when initiating streetscape redevelopment or public facility improvement projects.
Fiscal Impact:
The agreement has an annual not-to-exceed amount of $114,989, which would be appropriated in the Storm Drain Fund, account number 161-3109-4201 during the annual budget process. This City of Hermosa Beach Page 3 of 4 Printed on 5/6/2022
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annual not-to-exceed amount would remain the same for the extended contract term.
Agreement Modification Request
Agreement Current
Authorized
Amount
Modified
Request
Amount
FY 2021-22
Budget Dept.
Account #
Total Revised
Contract
Amount
AGREEMENT FOR
PROFESSIONAL SERVICES
BETWEEN THE CITY OF
HERMOSA BEACH AND JOHN L.
HUNTER AND ASSOCIATES TO
PROVIDE PROJECT
MANAGEMENT/COORDINATION
IN IMPLEMENTING THE
MUNICIPAL STORMWATER (MS4)
PERMIT
Not-to-exceed
$344,967
($114,989
annually)
Not-to-exceed
$229,978
($114,989
annually)
161-3109-4201 $574,945
Attachments:
1. Link to August 27, 2019 City Council Staff Report
2. Agreement with JLHA
3. First Amendment to Agreement with JLHA
4. Proposed Second Amendment to Agreement with JLHA
Respectfully Submitted by: Douglas Krauss, Environmental Program Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
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SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF HERMOSA BEACH AND JOHN L. HUNTER AND
ASSOCIATES TO PROVIDE PROJECT MANAGEMENT/COORDINATION IN IMPLEMENTING THE MUNICIPAL STORMWATER (MS4) PERMIT
This Second Amendment to the Agreement for Professional Services (“Second Amendment”) is entered into by and between the City of Hermosa Beach, a municipal corporation (“CITY”) and John L. Hunter and Associates, a California corporation (“CONSULTANT”) as of May 10, 2022.
RECITALS
A. CITY and CONSULTANT are parties to an Agreement For Professional Services dated August 27, 2019 (the “Agreement”) by which CITY engaged CONSULTANT to provide Project Management/Coordination in Implementing the Municipal Stormwater (MS4) Permit services for the City.
B. The intent of the Agreement, as advertised in the formal Request for Proposals originally issued May 16, 2019 and re-issued June 27, 2019 by the City, was for a three-year term.
C. John L. Hunter and Associates was determined to be the most competitive proposer at a not-to-exceed cost of $114,989 per year, for a three-year term, as approved by Council at the August 27, 2019 City Council meeting.
D. The Agreement erroneously provided for total not-to-exceed compensation of $114,989 for the entire three-year term, rather than per year. A First Amendment executed on December 10, 2019 corrected this.
E. City and Consultant now desire to amend the Agreement in order to extend the term for two additional years at the same not-to-exceed amount of $114,989.
NOW, THEREFORE, in consideration of the foregoing, the Agreement is amended as follows:
1. Section 1 of the Agreement is amended to read as follows:
CONSIDERATION AND COMPENSATION As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as EXHIBIT A.
As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement.
As additional consideration, CITY agrees to pay CONSULTANT a total not to exceed $114,989 annually, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.
No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his/her designee.
CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its invoice for services itemizing the fees and costs incurred during the previous month. 228
CITY shall pay CONSULTANT all uncontested amounts set forth in CONSULTANT’s invoice within 30 days after it is received.
2. Section 7 of the Agreement is amended to read as follows:
TERM OF AGREEMENT. The term of this Agreement shall commence upon execution by both parties and shall expire on June 30, 2024, unless earlier termination occurs under Section 11 of this Agreement, or this Agreement is extended in writing in advance by both parties.
Except as above modified, in all other respects the Agreement is hereby reaffirmed in full force and effect.
CITY OF HERMOSA BEACH CONSULTANT
________________________________ _______________________________ Suja Lowenthal, City Manager John L. Hunter, President
ATTEST: APPROVED AS TO FORM:
_________________________________ ____________________________________ Myra Maravilla, City Clerk Michael Jenkins, City Attorney 229
April 12, 2022
Douglas Krauss
City of Hermosa Beach
1315 Valley Dr.
Hermosa Beach, CA 90254
Subject: Extension of Proposal for Professional Services for Stormwater Consulting Dear Douglas Krauss:
John L. Hunter & Associates, Inc. (JLHA) welcome the opportunity to continue offering our professional Municipal NPDES (Stormwater) services to the City of Hermosa Beach.
Our existing scope of work and annual expenditure of $114,989.00 with the City will apply for the service extension. Our latest Standard Rate Schedule is included on the following page. Work will be conducted on a time and materials basis. JLHA will provide consultant services not to exceed the budgetary amount without the City’s prior authorization.
Thank you again for the opportunity to offer our services. If you have any questions, you can reach me at [email protected] or 562.726.4259.
Sincerely,
Cameron McCullough, Director
EXHIBIT A
230
Standard Rate Schedule
Principal $195 / hour
Director $175 / hour
Program Manager $175 / hour
Staff Engineer $175 / hour
Project Manager $165 / hour
Assistant Project Manager $155 / hour
Project Engineer $155 / hour
Compliance Specialist II $125 / hour
Project Analyst II $125 / hour
Industrial/commercial facility inspection $125 / unit
Compliance Specialist I $115 / hour
Project Analyst I $115 / hour
Administrative Assistant, Laborer (OSHA 40hr certified) $75 / hour Inspection – Combined CBR/FOG or NPDES/FOG $150 / unit
Inspection – FOG only $125 / unit
Inspection – Industrial/commercial facility $125 / unit State Certified Laboratory Analysis Cost + 5%
Legal Consultation, Court Appearances/Document review, etc. $250 / hour Subcontracted equipment Cost + 5%
Fee Schedule effective as of January 1, 2021
JLHA does not add charges for overhead items such as administrative copying or mileage in and around the city. 231
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City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
REPORT 22-0299
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of May 10, 2022
CONSIDERATION OF PROPOSALS REGARDING
THE EXTENSION OF AGREEMENTS BETWEEN
THE CITY OF HERMOSA BEACH AND
ARAKELIAN ENTERPRISES, INC (DBA ATHENS SERVICES)
FOR SOLID WASTE MANAGEMENT SERVICES AND
STREET SWEEPING AND CLEANING SERVICES
(Environmental Programs Manager Douglas Krauss)
Recommended Action:
Staff recommends City Council:
1. Consider the proposals submitted by Athens Services, Inc. for extension and amendment of the current solid waste management and street sweeping and cleaning services agreements;
2. Provide feedback regarding the most desired proposal option; and
3. Direct staff to proceed with negotiations with Athens Services, Inc.
If City Council should desire to pursue a new Request for Proposals (RFP):
1. Direct staff to reappropriate $300,000 for Request for Proposal (RFP) development and estimated revenue of $300,000 for Reimbursement of the Solid Waste Management and Street Sweeping RFPs from the Fiscal Year 2021-22 Budget to the Fiscal Year 2022-23 Budget.
Executive Summary:
Athens Services (Athens) has provided solid waste and street sweeping services for Hermosa Beach since 2013 and 2010, respectively. Both agreements were set to expire in June 2021 and were extended an additional 24 months per the terms of the agreements. Athens Services submitted informal proposals to the City for the purpose of discussing an amendment to the current agreements and extension of the terms. Staff recommends Council consider the proposals and provide staff direction on the most desirable option to proceed with negotiations. Alternatively, should Council desire to pursue a new agreement, direct staff to proceed with the Request for Proposals (RFP) process.
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Background:
At its October 12, 2010 meeting, City Council approved an agreement with Athens Services for Sweeping/Cleaning of Streets, Alleys, Walkstreets, Parking Lots and the Pier. (Attachment 1). The agreement was subsequently amended by the first amendment to agreement for Street Sweeping Services dated March 26, 2013. That amendment served to extend the term and have it coincide with the term of the agreement with Athens for solid waste collection services which was also entered into on March 26, 2013 (Attachment 2). A second amendment to the agreement for street sweeping services was approved September 25, 2018, adding certain cleaning services. A first amendment to the solid waste franchise was executed in September 2018 revising some minor contract elements. In 2019, the City and Athens Service agreed upon a special rate increase to allow for organic waste collection in response to AB1826 (2014), a State law that required commercial and multi-family customers to recycle organic waste (Attachment 3).
The City pays Athens approximately $544,000 annually for street sweeping and cleaning services.
This agreement includes a number of sweeping and cleaning services for public the right-of-way including: weekly sweeping of all streets, daily cleaning of the Strand and Pier, regular cleaning of Pier Plaza, cleaning of sidewalks, emptying public trash cans citywide, and sweeping and cleaning of public parking lots.
The solid waste franchise agreement provides solid waste services for all properties in the City, including residential, commercial, and municipal properties. This includes free collection service for City facilities and the Hermosa Beach School District. The agreement also includes a number of related services including hosting annual compost give-away and paper shredding events. There is no cost to the City for this agreement because compensation to Athens is via rates paid by ratepayers and the City receives approximately $422,000 in franchise fees and AB 939 surcharges per year that adjust proportional to Athens’ revenue. A solid waste administrative fee is also received.
Both these agreements were scheduled to expire June 30, 2021. Per the agreements, the City had the sole option to extend the agreement up to 24 months. The City extended these agreements until June 30, 2023 to ensure continuity of service and continue the favorable rates to customers. As was intended in 2013 during the amendment of the street sweeping and clean services agreement, coinciding the two agreements allows for efficient administration of the agreements and logistical coordination between the two services. The extension also allowed the City to continue to work with Athens to implement mandatory organics recycling programs that must be implemented in 2022.
Staff has been working closely with Athens to deliver carts to customers, distribute outreach materials, and monitor participation per the requirements of the mandatory organics processing regulations of Senate Bill 1383 (2016). An Ordinance adding these regulations to the Hermosa Beach Municipal Code was approved by Council in May 2021, allowing the City to enforce these measures, per State requirements.
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Past Council Actions
Meeting Date Description
October 12, 2010 Approved Agreement with Athens Services for Street sweeping and cleaning services
March 26, 2013 Approved First Amendment to street sweeping agreement with Athens Services extending term
March 26, 2013 Approved Franchise Agreement with Athens for Solid Waste Collection Services
September 17, 2018 Approved First Amendment to Agreement for Solid Waste Services September 25, 2018 Approved Second Amendment to Agreement for Street sweeping and cleaning services
September 10, 2019 Approved special rate increase for organic services per AB1826 Discussion:
The extension of the agreements for 24 months allowed the City time to explore the full range of options for the future of these agreements. Staff reviewed both existing agreements and hired a consultant to analyze Athens’ proposals. Staff also surveyed neighboring agencies and evaluated recent contract negotiations in the region to provide Council context on the City’s options. The options below could be applied to either the solid waste agreement, street sweeping agreement, or both.
Option 1-Request for Proposals (RFP)
The process of issuing a RFP seeking new vendors typically takes 12-18 months. This timeline includes: assessing the current contract; developing and advertising the RFP; analyzing the submitted proposals; selecting the desired contractor; negotiating a new agreement; securing Council approval; executing the new agreements; and onboarding the new contractor.
Should a new hauler be chosen, a transition process would then occur for the new hauler to learn the routes and logistics of the required services. RFP processes for solid waste service recently undertaken by two local agencies took close to 18 months and cost $150,000 each. In Hermosa Beach’s case, because these are two separate agreements for different services, this cost could be doubled. Typically, the RFP includes language requiring the successful proposer to reimburse the City for these costs.
The RFP process and subsequent proposals would most likely reflect the many cost uncertainties currently affecting the waste industry. These uncertainties include historically low commodity prices for recyclables and the significant costs associated with mandatory organic waste service implementation. RFPs issued in 2019 by Manhattan Beach and Lawndale resulted in rate increases City of Hermosa Beach Page 3 of 14 Printed on 5/6/2022
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implementation. RFPs issued in 2019 by Manhattan Beach and Lawndale resulted in rate increases of approximately 50 percent and 70 percent, respectively. This increase was largely due to the many new programs and services associated with mandatory organics service. For reference, processing facility rates for organic waste are typically 40 percent more than disposal rates for municipal solid waste. The additional organic waste services resulting from the new mandates include:
· Distributing organics containers to nearly all customers; · Developing and implementing routing which can include new staff, vehicles, and equipment; · Conducting regular route audits, including waste container inspections and assistance with City enforcement;
· Performing education and outreach, both passive information distribution and targeted onsite trainings for customers;
· Transporting the organic materials to specified processing facilities; and · Ongoing record keeping and monitoring.
Although a special rate increase to accommodate increased organic waste services in Hermosa Beach was approved by the City Council at its September 10, 2019 meeting, this increase was implemented to provide organic recycling service allowing the City to comply with AB1826 (2014) and was thus designed specifically for commercial and multi-family customers targeted to begin recycling organics by 2019. Residential organics recycling was also implemented at this time but was optional for customers. Rates for organic service for commercial customers were built into these increased rates but, because residential service was optional, the rate was kept separate from existing solid waste (black cart) service. SB1383 is much broader in scope for not only the number of required participants but also associated ongoing programs and record-keeping.
Option 2-Negotiate with Athens
In August 2021, Athens submitted an informal proposal for the City’s review that described terms of an amendment and extension to the existing agreements. Discussions between Athens and City staff led to Athens submitting additional informal proposals with variations on these suggested terms.
City staff issued an RFP to solicit consultants to analyze the proposals, assess them in terms of general trends in the solid waste industry, and compare them within the context of the regional market. The City solicited three proposals from qualified consultants specializing in solid waste and awarded the contract to R3 Consulting Group (R3). R3 is uniquely qualified due to their statewide work on solid waste contracts and analysis. They are also directly involved in the statewide implementation of new mandatory organics recycling regulations on behalf of public agencies throughout the State. Per the current franchise agreement, the analysis was funded through the City, but paid for by Athens. Athens deposited the not-to-exceed contract amount with the City, which selected, directed, and paid the consultant directly.
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R3 Consulting Group analyzed Athens’ proposals to help the City assess whether the amendments and rate adjustments proposed are equitable within existing market conditions and in relation to Athens’ current revenues and forecasts and provided a final report (Attachment 4). Athens’ proposals each included variations on a significant increase to customer rates for solid waste services. These increases serve to compensate Athens for revenue deficit associated with Hermosa Beach’s historically low rates relative to the regional market, as well as the additional costs associated with implementation of mandatory organics recycling programs associated with SB1383.
As described in the R3 analysis, and based on financial information prepared by Athens, the company has been operating at a loss in Hermosa Beach for some time. With the proposed rate increases, Athens would not begin to realize a profit until 2024-25 at the earliest.
Each proposal option has similar essential elements but each with unique variations. Though similar, each was crafted by Athens so that the various costs associated with any changes are amortized in synchronization with the scheduled rate increases. Should the City choose to negotiate with Athens, alteration of the various elements could be discussed. The various proposal elements are described and discussed below and each center on the following elements:
1. Rate increase;
2. Change to the annual rate adjustment formula;
3. Change to minimum diversion requirement;
4. New programs to support SB1383 compliance;
5. Term extension; and
6. Payments to the City.
Rate Increase
Each proposal from Athens includes significant rate increases. The rate increases proposed by Athens span a range from 47 percent to 53.25 percent and would be implemented over the course of 3-5 years. These proposed increases are comparable to recent rate increases in the cities of Lawndale (67 percent in 2019), Redondo Beach (35 percent for residential, 70 percent for commercial, 2019) and Manhattan Beach (47 percent average across all sectors, 2019), each of which were implemented immediately.
As shown below in the following table, the rate surveys performed by R3, Hermosa Beach residents and businesses enjoy some of the lowest trash rates in the region.
Comparison of Residential FY 2021-22 Rates for South Bay Cities (includes green cart service though not all agencies offer organic recycling yet) 32/35-gal. 64-gal. 96-gal.
Hermosa Beach $ 12.37 $ 17.04 $ 21.68
Inglewood N/A 17.46 N/A
Manhattan Beach 1401 1883 2237
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32/35-gal. 64-gal. 96-gal.
Hermosa Beach $ 12.37 $ 17.04 $ 21.68
Inglewood N/A 17.46 N/A
Manhattan Beach 14.01 18.83 22.37
Redondo Beach N/A 22.72 N/A
Hawthorne 20.45 23.87 27.71
Lawndale 23.09 27.45 31.80
Rancho Palos Verdes 26.06 33.54 40.99
Torrance N/A 34.10 35.31
Culver City N/A 44.21 N/A
Average without Hermosa Beach 20.90 27.77 31.64
Hermosa Beach Over (Under)
Average
(8.53) (10.73) (9.96)
Percent Over (Under) Average (41%) (39%) (31%)
Comparison of Commercial FY 2021-22 Rates for South Bay Cities 3 CY 1/week
Garbage; 96-
gallon
Recycling;
96-gallon
Organics
1 CY 1/week
Garbage; 1
CY 1/week
Recycling;
96-gallon
Organics
3 CY 1/week
Garbage; 1
CY 1/week
Recycling;
96-gallon
Organics
Hermosa Beach $198.91 $148.35 $207.53
Inglewood 189.72 189.72 N/A
Culver City 204.55 N/A 204.55
Manhattan Beach 219.79 N/A 273.33
Lawndale 220.40 148.62 220.40
Hawthorne 235.73 182.20 262.13
Redondo Beach 242.64 N/A 242.64
Average without Hermosa Beach 218.81 173.51 240.61
Hermosa Beach Over (Under)
Average
(19.90) (25.16) (33.08)
Percent Over (Under) Average (9%) (15%) (14%)
For the categories above that do not contain rates, the information was either not available in an equivalent form or the service is not available.
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Despite the proposed significant rate increase, Hermosa Beach’s rates are still projected to be some of the lowest in the area over the next five years (see chart below). The rates for the some of the cities shown below, including Inglewood and Hawthorne, do not yet incorporate full organic recycling service, and thus are expected to increase accordingly. Additionally, projected rates for communities other than Hermosa Beach and Redondo Beach are based on assumptions of 3-5 percent annual increases, not inclusive of possible extraordinary adjustments.
Projection and Comparison of 64-gallon Residential Rates Over Five Years FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27
Inglewood $18.16 $18.88 $19.64 $20.43 $21.24
Manhattan Beach 19.77 20.76 21.80 22.89 24.03
Hawthorne 24.82 25.82 26.85 27.92 29.04
Hermosa Beach (Options A & B) 20.15 23.83 28.19 29.17 30.18 Hermosa Beach (Option C) 19.14 21.50 24.16 27.14 30.51
Redondo Beach 25.48 28.16 29.14 30.16 31.22
Lawndale 28.55 29.69 30.88 32.11 33.40
Rancho Palos Verdes 34.88 36.28 37.73 39.24 40.81
Torrance 35.46 36.88 38.36 39.89 41.49
Culver City 48.63 53.49 54.83 56.20 56.20
Average without Hermosa Beach 29.47 31.25 32.40 33.61 34.68 Hermosa Beach Over (Under) Average
(Options A & B)
(9.32) (7.42) (4.21) (4.44) (4.50)
Percent Over (Under) Average (32%) (24%) (13%) (13%) (13%) Hermosa Beach Over (Under) Average
(Option C)
(10.33) (9.75) (8.25) (6.46) (4.17)
Percent Over (Under) Average (35%) (31%) (25%) (19%) (12%) Change to the current annual rate adjustment formula
A change in the annual rate adjustment formula was included in each of the proposal options. In the existing agreement for solid waste services, Athens is allowed an annual rate adjustment, which is based on a weighted calculation of several indices including the Consumer Price Index for All Urban Consumers (CPI) and Producer Price Index for fuel and equipment. Athens proposes a change to this formula that would instead rely solely on the Garbage and Trash Collection Consumer Price Index published by the Bureau of Labor Statistics (BLS), plus one additional percent. Per Athens, this index reflects the realities and costs of the solid waste industry and it is increasingly common for waste haulers to request that cities utilize this index for regular rate adjustments.
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R3 mentions in their analysis that, although this index is traditionally higher than the current indices used by Athens, inflation makes it difficult to accurately forecast either of these indices and consequent rate adjustments. The table below provides the City’s recent annual rate adjustments compared to hypothetical adjustments using the proposed index for the same years. In the table, the proposed “Garbage and Trash Collection in U.S. City Average” index was inserted into the existing rate adjustment calculation formula and the additional one percent was added.
Hermosa Beach Adjustment
( percent)
Garbage & Trash Index Adjustment + 1 percent
( percent)
2016 -0.46 2.40
2017 0.79 2.80
2018 3.43 3.00
2019 1.64 3.97
2020 2.02 5.56
2021 0.88 3.75
Average 1.79 3.58
Change in the minimum diversion requirement
With each proposal option, Athens proposes to revise the existing requirement to divert 50 percent of all solid waste it collects. They have instead offered to focus on helping the City comply with SB1383 and continue to indemnify the City from any penalties associated with non-compliance with AB939, the Integrated Waste Management Act of 1989, as included in the existing agreement. AB939 established a mandatory 50 percent diversion requirement for agencies statewide. As explained in R3’s analysis, other agencies are making similar changes to their agreements with their waste haulers to reflect the State’s changing emphasis from monitoring strict diversion percentages to instead implementing programs to increase and expand diversion.
This change in strategy also reflects the changing realities of commodity and recycling markets which have made comprehensive diversion more difficult. R3 recommends that the City require similar indemnification for other relevant State regulations related to waste diversion such as SB1383. The City may also consider rejecting this request to align with its history of ambitious diversion programs or add language that would require a reversion to the current requirement should market or regulatory conditions change in the future.
Comprehensive implementation of mandatory organics recycling program in compliance with SB1383
Athens has already begun implementing many of the programs necessary to help the City achieve compliance with SB1383 and has secured the resources to establish the permanent program City of Hermosa Beach Page 8 of 14 Printed on 5/6/2022
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compliance with SB1383 and has secured the resources to establish the permanent program elements required (Attachment 5). These include: education and outreach; mandatory site visits and contamination screening; ongoing monitoring; and data management and reporting. Athens’ implementation strategy for these programs is included in each proposal option.
The City relies on the waste hauler for implementation of many of these programs, both due to inherent operational logistics as well as a lack of adequate City staff resources. Per the R3 analysis, the costs of SB1383 implementation are relatively minor but are extraordinary beyond the regular annual rate adjustment and could result in a separate extraordinary rate adjustment request. In their report, R3 has included suggested language to include in a potential contract amendment which would specify the services and programs required to ensure Athens’ implementation of SB1383.
Term Extension
Each proposal option includes a minimum 10-year term extension of both the solid waste and street sweeping agreements. The length of the terms correlates directly with Athens’ ability to amortize costs and recover revenues. At a minimum, Athens has proposed a flat 10-year extension and, at a maximum, they have proposed a 10-year “rolling” term that would automatically renew assuming Athens is materially compliant with all franchise terms. With the “rolling” term extension, the City has the option to trigger termination only after the initial five years, so the term is essentially 15 years at a minimum. Triggering the termination would also result in reduction of franchise fees paid to the City, per Athens’ proposal. The other proposed term extension is a 10-year extension to the current agreement terms with a clause that would add 5 years at the end of that time should Athens be found materially compliant with certain contract terms and if monthly customer rates are within 10 percent of the average residential rate in the surrounding area at that time.
Payments to City
Each of Athens’ proposal options include payments to the City, commensurate to the revenue projections anticipated from the rate increases and term extension. These payments are proposed alternatively as one-time upfront payments or as funds specified for specific services and programs.
For instance, in the proposal with the “rolling” term extension, a $200,000 cash payment is proposed.
In the option with the simple 10-year extension, a $100,000 upfront payment is proposed. In the option with the 10-year term extension that includes a 5-year renewal option, the funds are earmarked as such:
· $20,000 annual payment for additional cleaning and trash removal services, to be chosen by the City;
· $10,000 towards the replacement of lids on public trash cans; and City of Hermosa Beach Page 9 of 14 Printed on 5/6/2022
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· $40,000 towards installation of downtown decorative lighting.
The annual $20,000 for services could be used to address a variety of seasonal or sporadic cleaning needs that arise, including pressure washing, additional trash pick-up at parks, or other services Athens currently provides. A $10,000 one-time payment for the replacement of lids on City trash receptacles was proposed in response to discussions related to the City’s public trash cans and the ongoing cleaning and maintenance they require.
Athens first submitted initial drafts of these proposals to the City in August 2021. The one-time payment of $40,000 for lighting was proposed then and, in October 2021, Athens ended up donating the funds to the City for the purpose of installing decorative lights in November of 2021. The City secured a vendor and used the donation to fund the installation. The lights are now in place yearround on the roofline of the Community Center and on palm trees in the center medians of Pier Avenue and Hermosa Avenue in the downtown area. Should the City choose a different proposal option, terms could be adjusted accordingly if necessary.
The three informal proposal options provided by Athens are listed verbatim below:
OPTION A
1. Extend trash contract to a new 10-year term contract;
2. Extend the Street Sweeping & Maintenance contract to a new 10-year term contract;
3. Implement a 52.00 percent extraordinary rate adjustment, spread over 3 years;
4. Provide a one-time $100K up-front payment to the City;
5. Implement a SB1383 program for all green barrels & provide other SB1383 compliance (waste characterizations, route audits, reporting assistance, site visits, etc.);
6. Modify the diversion requirement from 50 percent hauler diversion to AB939 CalRecycle compliance; and
7. Modify the annual rate adjustment formula to “Trash CPI +1 percent”
OPTION B
1. Extend trash contract to a new 10-year term contract, with a 5-year extension that SHALL be offered, provided that Athens is in material compliance with all requirements (see exact language below);
2. Extend the Street Sweeping & Maintenance contract to same term as trash contract in #1;
3. Implement a 53.25 percent extraordinary rate adjustment, spread over 3 years;
4. Provide $40,000.00 to City for permanent lights at Pier Plaza & holiday décor;
5. Implement a SB1383 program for all green barrels & provide other SB1383 compliance (waste characterizations, route audits, reporting assistance, site visits, etc.);
6. Modify the diversion requirement from 50 percent hauler diversion to AB939 CalRecycle City of Hermosa Beach Page 10 of 14 Printed on 5/6/2022 powered by Legistar™243
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6. Modify the diversion requirement from 50 percent hauler diversion to AB939 CalRecycle compliance;
7. Modify the annual rate adjustment formula to “Trash CPI +1 percent”;
8. Provide $20K annually to City by way of annual payments or additional trash/sweeper services; and
9. Provide $10K one time for new fabricated lids for the City public receptacles.
DRAFT EXTENSION TERM LANGUAGE
“Upon at least five (5) years before the end of the initial Term, City shall offer Contractor, in writing, a five (5) year extension to the initial Term of this Agreement, with the extension period beginning January 1, 2032 to December 31, 2036, (the “Extension Term”); provided that Contractor is in material compliance with all requirements of this Agreement as of the time of such extension offer.
In addition, upon at least ninety (90) days prior to the end of the initial term, City shall offer Contractor, in writing, a five (5) year extension to the previously offered & accepted “Extension Term” of this Agreement, with each additional extension period beginning January 1st of the year immediately following the end of the previous extension period; provided that Contractor is in material compliance with all requirements of this Agreement, and provided that the Hermosa Beach standard monthly residential customer rate is below, or within 10 percent, of the average standard monthly residential customer rate in the surrounding area, as of the time of such extension offer.”
OPTION C
1. Extend trash contract to a new 10-year rolling contract, that cannot be triggered for 5 years;
2. If trigger is ever given, 3 percent of the 10 percent City Fee will be held back;
3. Extend the Street Sweeping & Maintenance contract to same as trash contract in #1;
4. Implement a 47.00 percent extraordinary rate adjustment, spread over 5 years;
5. Provide a one-time $200K up-front payment to the City;
6. Implement a SB1383 program for all green barrels & provide other SB1383 compliance (waste characterizations, route audits, reporting assistance, site visits, etc.);
7. Modify the diversion requirement from 50 percent hauler diversion to AB939 CalRecycle compliance; and
8. Modify the annual rate adjustment formula to “Trash CPI +1 percent”.
Next Steps
As described in the report from the consultant that analyzed the proposals, Athens’ proposals are reasonable. Per the report:
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“Athens’ proposal to extend the Agreement term, provide SB 1383 organics collection and associated services, and increase rates appears to be reasonable. Even after the proposed rate increases over three to five years, and given modest assumptions about how rates in the rest of the South Bay region will increase over time, the City’s residential rates are likely to remain below the average of other South Bay cities. Moreover, our analysis indicates that Athens’ proposed rate increases would achieve an appropriate level of reasonable operating profit within three to five years while also providing funding for new SB 1383 programs and new payments to the City.”
Despite the proposed rate increase, it is anticipated that Hermosa Beach customers would still enjoy some of the lowest rates in the region. Additionally, all indications from community feedback and staff observations are that customers are generally content with the services provided by Athens as well.
Athens has been a reliable community partner for over 10 years now and is very familiar with Hermosa Beach and its services and needs. City staff has also been satisfied with the quality of service and responsiveness for street sweeping, sidewalk cleaning and other City services provided by Athens.
As evidenced by Athens’ implementation of a citywide organics recycling program over the last few months, they are willing to implement new programs as necessary to assist the City and its diversion requirements. Continuing with Athens would also help the City avoid the disruptive process of transitioning to a new contractor. The existing and proposed agreements both allow for addition of new services and programs should need arise in the future. For example, the community and City Council have both expressed interest in increased cleaning services at various times. The menu of services in the agreement allows the City to add or subtract services as needed and adjust the compensation accordingly.
Based on the information presented, staff recommends the City negotiate with Athens and seeks Council’s direction on which proposal option to pursue. Staff also asks Council’s feedback on the general terms and elements of the proposals as well as any other relevant considerations. A successful negotiation and implementation of the resulting rate increases would require a 45-day Proposition 218 notification be sent to all customers. This notice would detail the rates as well as the time and date of a required public hearing which would be scheduled for a future City Council meeting.
Should negotiations prove fruitless, the City could choose to begin the RFP process. This process should begin expeditiously to accommodate the potential 12-18-month timeline of the process. R3 recommends, should the RFP process be chosen, that the City secure at least six additional months of service with Athens to ensure uninterrupted service and a more efficient transition to a potential new hauler.
City of Hermosa Beach Page 12 of 14 Printed on 5/6/2022 powered by Legistar™245
Staff Report
REPORT 22-0299
Although coinciding the two solid waste and street sweeping agreements has allowed for efficient administration of the agreements and logistical coordination between the two services, the City may choose different options for each agreement. Based on the Public Resources Code, though these agreements have been in effect for many years, the City has the right to negotiate and execute agreements for these services without competitive bidding. Should the City choose to negotiate with Athens, staff would also work with Athens to improve a few minor contract elements that have been discussed over the course of the current agreements. Examples of these minor changes include:
adding a rate for locking commercial carts; clarifying language related to removal of the trash compactor in Parking Lot A; and other similar language clean-ups.
General Plan Consistency:
This report and associated recommendations have been evaluated for their consistency with the City’s General Plan. Relevant policies are listed below:
Sustainability and Conservation Element
Goal 6. Hermosa Beach is a low or zero-waste community with convenient and effective options for recycling, composting, and diverting waste from landfills.
Policy:
· 6.1 Franchise Agreements. Ensure waste franchise agreements and program offerings provide progressively higher rates of waste diversion.
Fiscal Impact:
Issuing RFPs would require an upfront cost of approximately $200,000-$300,000 for hiring a consulting firm to develop the RFPs and complete the proposal process. These costs would be reimbursed by the winning proposer should the City choose to make this a requirement of the RFP.
The FY 2021-22 budget includes $300,000 for this effort, along with estimated revenue of $300,000 for Reimbursement of the Solid Waste Management and Street Sweeping RFPs. Both would be reappropriated to the 2022-23 budget if Council directs staff to pursue an RFP. The City currently pays Athens approximately $544,000 annually for street sweeping and cleaning services and, should the agreement be extended, this rate would continue unchanged except for the fixed 3 percent annual adjustment. Other payments to the City described in the proposal options or resulting changes to franchise fees would be determined after negotiations.
Attachments:
1. Agreement for Street Sweeping and Cleaning Services
2. Agreement for Solid Waste Services
3. Resolution 19-7210
City of Hermosa Beach Page 13 of 14 Printed on 5/6/2022 powered by Legistar™246
Staff Report
REPORT 22-0299
4. R3 Analysis of Athens’ Proposals
5. Athens SB1383 Implementation Plan
6. Link to October 12, 2010 Staff Report
7. Link to March 26, 2013 Staff Report
8. Link to September 17, 2018 Staff Report
9. Link to September 25, 2018 Staff Report
10.Link to September 10, 2019 Staff Report
Respectfully Submitted by: Douglas Krauss, Environmental Programs Manager Noted for Fiscal Impact: Viki Copeland, Finance Director Legal Review: Mike Jenkins, City Attorney
Approved: Suja Lowenthal, City Manager
City of Hermosa Beach Page 14 of 14 Printed on 5/6/2022 powered by Legistar™247
PART3
SECTION 10
AGREEMENT
SWEEPING/CLEANING OF STREETS, ALLEYS, WALKSTREETS,
PARKING LOTS AND THE PIER IN HERMOSA BEACH
This Agreement for SWEEPING/CLEANING OF STREETS, ALLEYS, WALKSTREETS, PARKING LOTS AND THE PIER IN HERMOSA BEACH- Street Cleaning Services ("Agreement") is made on this 12th day of October 2010, at Hermosa Beach, California, by and between the City of Hermosa Beach, a' municipal corporation, 1315 Valley Drive, Hermosa Beach, California 90254 (hereinafter referred to as the "CITY") and Arakelian Enterprises, Inc. (Hereinafter referred to as the "CONTRACTOR").
RECITALS
A CITY proposes to contract for Street Cleaning Services for all public owned properties as set forth below in this Agreement;
~ B. CONTRACTOR is willing to perform such services and has the necessary qualifications by reason of experience, preparation, and organization to provide the required services.
C. NOW, THEREFORE, the CITY and the CONTRACTOR mutually agree as follows:
1. SERVICES. CONTRACTOR shall perform those services set forth in PART 5 - SPECIAL PROVISIONS which is attached hereto and incorporated herein by reference. CITY reserves the right to change the scope of services, including the items and frequency of work to be performed, at any time in its sole discretion during the term of this Agreement, and to modify the payment due CONTRACTOR accordingly, based on the prices set forth in CONTRACTOR'S proposal.
2. TIME OF PERFORMANCE. The term of this Agreement shall be for the time period beginning July 1, 2010 and ending on June 30, 2013.
3. PAYMENT FOR SERVICES. CONTRACTOR shall be compensated in an amount not to exceed $681 ,807.44 . Compensation shall under no circumstances be increased except by written amendment of this Agreement. CONTRACTOR shall be paid within thirty (30) days of presentation of an invoice to CITY for services performed to CITY's satisfaction.
CONTRACTOR shall submit invoices monthly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by CITY.
4. AGREEMENT ADMINISTRATION.
4.1. CITY's Representative. Unless otheiWise designated in writing Mike Flaherty, Maintenance Supervisor, shall serve as the CITY's representative for the administration of the project. All activities performed by the CONTRACTOR shall be coordinated with this person.
4.2. Manager-in-Charge. For the CONTRACTOR Gary Clifford, COO shall be in charge of the project on all matters relating to this Agreement and any agreement or approval made by her/him shall be binding on the CONTRACTOR. The Manager-inCharge shall not be replaced without the written consent of the CITY. 15 248
4.3. Responsibilities of the CITY. The CITY shall provide all relevant documentation in its possession to the CONTRACTOR upon request in order to minimize duplication of efforts. The CITY's staff shall work with the CONTRACTOR as necessary to facilitate performance of the services.
4.4. Personnel. The CONTRACTOR represents that it has or will secure at its own expense all personnel required to perform the services under this Agreement All of the services required under this Agreement will be performed by the CONTRACTOR or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The CONTRACTOR reserves the right to determine the assignment of its own employees to the performance of the CONTRACTOR's services under this Agreement, but the CITY reserves the right, for good cause, to require the CONTRACTOR to exclude any employee from performing services on the CITY's premises.
5. TERMINATION.
5.1. Termination for Convenience. Either party may terminate this Agreement without cause and in its sole discretion at any time by giving the other party thirty (30) days' written notice of such termination. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination and shall be compensated for services performed to the CITY's satisfaction up to the date of termination.
5.2. Termination for Cause. All terms, provisions, and specifications of this Agreement are material and binding, and failure to perform any material portion of the work described herein shall be considered a breach of this Agreement Should the Agreement be breached in any manner, the CITY may, at its option, terminate the Agreement not less than five (5) days after written notification is received by the CONTRACTOR to remedy the violation within the stated time or within any other time period agreed to by the parties. In the event of such termination, the CONTRACTOR shall be responsible for any additional costs incurred by the CITY in securing the services from another CONTRACTOR.
6. INDEMNIFICATION. CONTRACTOR shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the City.
7. INSURANCE REQUIREMENTS.
7 .1. The CONTRACTOR, at the CONTRACTOR's own cost and expense, shall procure and maintain, for the duration of the agreement, the following insurance policies:
7.1.1. Workers' Compensation Coverage. The CONTRACTOR shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for its employees in accordance with the laws of the State of California. In addition, the CONTRACTOR shall require any and every subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the CITY at least thirty 16 249
(30) days prior to such change. The insurer shall agree to waive all r"tghts of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City.
7.1.2. General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than one milrton dollars ($1 ,000,000) per occurrence for bodily injury, personal injury, and propenty damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate lim.tt shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
7.1.3. Automobile Liability Coverage. The CONTRACTOR shall maintain automobile liability insurance covering bodily injury and propenty damage for all activities of the CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than three hundred thousand dollars ($1 ,000,000) combined single limit for each occurrence.
7.2. Endorsements. Each general liability and automobile liability insurance policy shall be issued by insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the specific language of Section 7.2.1 below.
7.2.1. "The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations."
7.2.2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers.
Any insurance maintained by the CITY, including any self-insured retention the CITY may have shall be considered excess insurance only and shall not contribute with this policy.
7 .2.3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
7.2.4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.
7 .2.5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers.
7.2.6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thinly (30) days' written notice has been received by the CITY.
7.3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY's option, the CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
17 250
7.4. Certificates of Insurance. The CONTRACTOR shall provide certificales of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.
7.5. Failure to Procure Insurance. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of agreement under which the CITY may terminate this Agreement pursuant to Section 6.2 above.
8. ASSIGNMENT AND SUBCONTRACTING. The parties recognize that a substantial inducement to the CITY for entering into this Agreement is the professional reputation, experience, and competence of the CONTRACTOR. Assignments of any or all rights, duties, or obligations of the CONTRACTOR under this Agreement will be perm"ttted only with the express consent of the CITY. The CONTRACTOR shall not subcontract any portion of the work to be performed undert11is Agreement without the written authorization of the CITY. If \ the CITY consents to such subcontract, the CONTRACTOR shall be fully responsible to.the CITY for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the CITY and subcontractor nor shall it create any obligation on the part of the CITY to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
9. COMPLIANCE WITH LAWS, CODES, ORDINANCES, AND REGULATIONS. The CONTRACTOR shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
9.1. Taxes. The CONTRACTOR agrees to pay all required taxes on amounts paid to the CONTRACTOR under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent CONTRACTOR relationship created by this Agreement.
In the event that the CITY is audited by any Federal or State agency regarding the independent CONTRACTOR status of the CONTRACTOR and the audit in any way fails to sustain the validity of a wholly independent CONTRACTOR relationship between the CITY and the CONTRACTOR, then the CONTRACTOR agrees to reimburse the CITY for all costs, including accounting and attorneys' fees, arising out of such audit and any appeals relating thereto.
9.2. Workers' Compensation Law. The CONTRACTOR shall fully comply with the workers' compensation law regarding the CONTRACTOR and the CONTRACTOR's employees. The CONTRACTOR further agrees to indemnify and hold the CITY harmless from any failure of the CONTRACTOR to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any compensation due to the CONTRACTOR under this Agreement any amount due to the CITY from the CONTRACTOR as a result of the CONTRACTOR's failure to promptly pay to the CITY any reimbursement or indemnification arising under this Section.
9.3. Licenses. The CONTRACTOR represents and warrants to the CITY that it has all licenses, pem1its, qualifications, insurance, and approvals of whatsoever nature which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR represents and warrants to the CITY that the CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance. 18 251
10. CONFLICT OF INTEREST. The CONTRACTOR confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. The CONTRACTOR shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation.
11. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR represents and agrees that it does not and will not discriminate against any employee or applicant for employment because of race, religion, color, medical condition, sex, sexual orientation and/or gender identity, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition.
12. RECORDS AND AUDITS. The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by the CITY at any time during regular business hours.
13. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the CITY shall own all documents and other work product of the CONTRACTOR, except the CONTRACTOR's notes and work papers, which pertain to the work performed under this Agreement The CITY shall have the sole right to use such materials in its discretion and without further compensation to the CONTRACTOR, but any re-use of such documents by the CITY on any other project without prior written consent of the CONTRACTOR shall be at the sole risk of the CITY. The CONTRACTOR shall at its sole expense provide all such documents to the CITY upon request.
14. INDEPENDENT CONTRACTOR. The CONTRACTOR is and shall at all times remain as to the CITY a wholly independent CONTRACTOR. Neither the CITY nor any of its agents shall have control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees or agents, except as herein set forth. The CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. The CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent.
15. NOTICE. All Notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party's representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address.
19 252
CITY OF HERMOSA BEACH
1315 Va\ley Drive
Hermosa Beach, CA 90254
Attention: Richard Morgan, Director
Public Works Department
CONTRACTOR:
Arakelian Enterprises, Inc. DBA Athens Services
P.O. Box 60009
City of Industry, California 91716
Attention: Contract Administration
16. GOVERNING LAW. This Agreement sha\1 be governed by the laws of the State of California.
17. ENTIRE AGREEMENT; MODIFICATION. This Agreement supersedes any and a\1 other agreements, either oral or written, between the parties, and contains a\1 of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. Any agreement. statement, or promise not conta·tned in the Agreement, and any mod-ification to the Agreement, wi\1 be effective only if signed by both parties.
18. ATTORNEYS' FEES. In any action brought to declare the rights granted herein or to enforce any of the terms of this Agreement, the prevailing party sha\1 be entitled to an award of reasonable attorneys' fees in an amount determined by the court.
19. WAIVER. Waiver of a breach or default under this Agreement shal\ not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement. Payment of any invoice by the CITY sha\1 not constitute a waiver of the CITY's right to obtain correction or replacement of any defective or noncompliant work product.
20. EXECUTION. This Agreement may be executed in several counterparts, each of which shal\ constitute one and the same instrument and sha\1 become binding upon the parties when at ·least one copy hereof shal\ have been signed by both parties hereto. In approving this Agreement, it shal\ not be necessary to produce or account for more than one such counterpart.
21. AUTHORITY TO ENTER AGREEMENT. The CONTRACTOR has al\ requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 20 253
IN WITNESS WHEREOF, the parties have executed this Agreement the 12th day of Oct , 2010. '~CTOR
Ro~~~'
Executive Officer
TITLE
Peter Tucker, Mayor
21 254
A
r<EGISlRAfi . RECOROE
Arakelian Enterprises, Inc.
"''"'"" P.O. Box 60009
City. City of Industry Sillll.!: CA
1 crwck on~ onl~
FICTITIOUS BUSINESS NAME STATEMENT
~
' y
I---~-------T'''~"E~·~F~O~l~L~O~W~IN~G~P~E~R~S~O~N~(S~)~I~S~(~A~R~E~)~O~O~IN~G~B~U~S~I~N~E~S~S~A~S~:~(A~l~la~c~il~a~d~d~it~io~n~al~p~a~g~e~s~if~r~e~qu~i~ffi~d~)----------4 fwtilim:s Gusino~s Namet~) ,_ Community Disposal Company 2 ' Athens Services
-~C'_Ih ens D~_posal_f_9.!:fl P<lr:''L __
r·-·_------------~---- - . . 11\riJC\oS of lrrcorp.<Hal~an or Organ12:8lton Nu>nbGr (of~JJpli.;o!>lc) _ ________ 0'..':'?" A0540259
Street Address, Cny & !:>tate ol l'tu\C:tp<rl f1tace ot t;usmes~ 10 Ci.1hfornm (P.O. 8ox a\0111."1 not acc:ei-!l<~hle) 1-3
- _ 1404_8_'{alley_ BlvsG_~ity of lndjjst~~~ 917 46 ______________________ _ Full name of Registrant/ Coq.>or<~lion I Limited Li;~hilily Company (if corporation -Incorporated in w!mt slnlal 4 _1'\_r~I\_~~<Jl:l.Enterprj~~-s~Ln_c.: ____ --------····-- --~alifornia _ _ _ ___ -·-····-----__ ........ . Rcsidel'lce S!rco; Addra~;s {P.O. Box not accoplud) City Zip Code _142~8_\f§!le)'_1_3Jv!l -'.~JY ()fl~~ustl)'c. __ CA 91746 {if corpcr2tion - incorpom·t<::"d in wt11;1\ slate)
4A
f<e.s,dence:: Slrcc: Adt1r~ss (P.O. Box not ::~cceplf=d) Cily 1-----------·--·----------···----------------------------~---- 5 This. Busino&s is
conducted by:
{chock on~ Qll\yj
I ~n indivitfun.l
t co-partnors
) a general pm1ners.hip
) husband <~nd wile
) an oninco![l'Orated ossociution olh~! Umu u p;utner~hip ) joint venUJre
{ .( I <1 corpora!ion
( ) a limited liability comp;;sny
I declare that aU\nformallon In this statement Is lruo and correct. __________ {A registrant who dec\aras i\S ir~c Information which he or she knoWs to be falso is guilty of a crlmo.) .:_ _______ _ If Regist(ant IS a C0RP_9RATION or LLC, Sign b~.!low SA ArC!~ Enteforises, Inc.
=~~"Nt''~g/"' -~ Stgnaturo
Signature of R~gistrant{s)
8 ···-----------· Sigrmtom lypctprint nome
S\gM!uce type/print n<Jme
Chief Financial Officer
type/print namo Tille
Kevin P. Hanifin . ··--··--· --·-··· Typo or PrlnlN~;~------~--------------- typcfprint rmm.e 1---L----------------------
Sign(IIUCG
!--~hi~~"ICJII'lnlE<nl wns filfld with the C<lunly Oer~-~---- _____ :::=:::---==:~~_:_~-~~~-~:~..-:::-. -·-- County an dale indicated by fits s:l..omp abOve -- NOTICE ·THIS FICTITIOUS NAME STATEMENT EXPIRES FIVE YEARS FROM DATE IT WAS FILEO IN THE OFFICE OF THE COUNTY CLERK. A NEW FICTITlOUS BUSINESS NAME STATEMENT MUST BE FILED PRIOR TO THAT DATE The filing of Hlis sldl~n"IOnt docs not of il.self authorize lhc \ISfl-ifl this slate of <1 fictitious bus~ness namf! i11 vinl<ilion uf ll1o :ighls of anoUmr und!!r k~derat. :ste~te. ur commOitlaw (See Set."1ion 14411 ffl seq .. Businllss and Professions Code}
RF.C".JSTRAR - RECOROEFJCCUNTY CLERK
RIJS!NESS FILING ANO ReGISTRATION
P.O. f\OX 53:i!l7.. I.OS ANGElE$. ("..,A.1!0053-fl:i~7.
PH· {561) 4fi7-2177
FlUNG FEE: S23.00 !.or t FBN wtd 2 rculslranls
plus S<\.00 fcc l!ildladdllional FBN/regls1mnl
RENEWAL FlUNG FEE: S18.00
REFER ro THE BACK OF FORM FOR INSTRUCTIONS
. \I . ( r
'- . L.i y -du. !.. J. /-1
fORM t 76F2800-F029 (Rl"l. ~(1)4)
255
~. I ACORD CERTIFICATE OF LIABILITY INSURANCE Page
DATE (MM/DOfYYYY)
~ 1 of 2 03/09/2011
THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Willis Insurance Services of California, Inc. P,tJg~EO EXTI: 877-945-7378 l Fffc NO· 888-467-2378 26 Century Blvd.
P. 0. Box 305191 E-MAIL
ADDRESS [email protected] Nashville, TN 37230-5191 INSURER( S )AFFORDING COVERAGE NAIC#
INSURER A: Chartis Specialty Insurance Comi?.any 26883-900 ~Eo INSURERS Arch Insurance Company 11150-001 Athens Services, Inc. 14048 Valley Blvd. INSURERC:
City of Industry, CA 91746 INSURERD:
INSURERE
INSURERF:
COVERAGES CERTIFICATE NUMBER· 15616418 REVISION NUMBER·
THIS JS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR L TR TYPE OF INSURANCE
A ~ GENERALLIABILITY . . .. "~
X COMMERCIAL GENERAL LIABILITY
1--+-_j I CLAIMS-MAoe[i] OCCUR
c,--
1---
-~ ~'L AGGREG~LIMIT AP~ PEA:
~-~- l. POLICY I I P~r?T I I LOC
B AUTOMOBILE LIABILITY
~ ANYAUTO
r--- ALLOWNED r-- SCHEDULED
_ AUTOS
HIRED AUTOS r--- ~g1~8WNED f---- AUTOS -
- UMBRELLA UAB HOCCUA
EXCESS LIAS CLAIMS-MADE
OED I I RETENTION$
POLICYNUM
y
B WORKERSCOMPENSATION y 71WCI4941603 AND EMPLOYERS' UABILITY y 1 N
ANY PROPRIETORIPAATNERIEXECUTIVE D N I A
OFFICER/MEMBER EXCLUDED?
!
Mandatory in NH) 1 yes, describe unOer
DESCRIPTION OF OPERATIONS below
JJ5JM~Yl
3/1/2012
3/1/2012
3/1/2011 3/1/2012
DESCRIPTION OF OPERA noNS I LOCAnONS/VEHICLES (Attach AC1:1rd 101, Additonal Remarks Schedule, if more space is required) LIMITS
EACH OCCURRENCE $
~~~~~l~9E~~~~~ncel $
MEO EXP {Anyone person) $
PERSONAL & MJV INJURY s
GENERAL AGGREGATE $
PRODUCTS. COMP/OP AGG $
$
COMBINE~~~INGLE LIMIT (Eaaccident $
BODILY INJURY(Per person) $
BODILY INJUAY(Per accident) $
rPRe?~~Th~~gf\MAuE $
$
EACH OCCURRENCE $
AGGREGATE $
$
E.l. EACH ACCIDENT $
E.l. DISEASE· EA EMPLOYEE $
E.l. DISEASE· POLICY LIMIT $
It is agreed that The City of Hermosa Beach, its elected or appointed officers, officials, employees, agents, and volunteers are included as Additional Insureds as respects to General Liability and Auto Liability, as required by written contract. 1 000 000
300 000
25 000
1 000 000
2 000 000
2 000 000
2,000,000
1,000,000
1,000,000
1,000,00C
It is further agreed that such insurance as is afforded shall be Primary with any other insurance in force for or which may be purchased by the Additional Insureds.
CERTIFICATE HOLDER
City of Hermosa Beach
Public Works Department
1315 Valley Drive
Hermosa Beach, CA 90254
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II\ ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPAESENTAnVE
Coll, 3291444 Tpl, 1230311 Cert' 156164'18 ©1988..120107\CORD CORPORATION. All rights res< ACORD 25 (201 0/05) The ACORD name and logo are registered marks of ACORD 256 AGENCYCUSTOMERID:~3~0~3~6~7~9 ________________________ __ LOG#: __________ _
ADDITIONAL REMARKS SCHEDULE Page 2 of 2 - --
AGENCY NAMED INSURED
Athens Services, Inc.
Willis Insurance Services of California, Inc. 14048 Valley Blvd.
POLICY NUMBER City of Industry, CA 91746
See First Page
CARRIER I NAICCOOE
See First Paqe EFFECTIVE DATE: See First Paqe
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Waiver of
officers,
Liability
Subro~ation applies in favor of The City of Hermosa Beach, its elected or ap~ointed offic~als, employees, agents, and volunteers with respects to General Liabil2ty, Auto and Workers Compensation policies, only by contract and permitted by law.
ACORD 101 (2008/01) Coll: 3291444 Tpl: 1230311 Cert: 15616418 ©2008ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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Appropriate endorsements have been requested from the carrier and will be provided as soon as available.
If you have any questions, please contact Laarni Samaniego or Tanya Peterson at 213-607-6300; Fax: 213-607-6301.
258
ACORD"' CERTIFICATE OF LIABILITY INSURANCE Page 1 of 1 J DATE (MM!DDIYYYY) ~ 03/09/2011
THIS CERTIFICATE IS ISSUED AS A MA TIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR AL TEA THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME· Willis Insurance Services of California, Inc. r~g~~ EXT): 877-945-7378 I FAX 888-467-2378 26 Century Blvd. . {NC NO) P. 0. Box 305191 E-MAIL
ADDRESS: [email protected] Nashville, TN 37230-5191 INSURER{S)AFFOAOING COVERAGE NAIC~
INSURER A" Chartis Specialty Insurance Company 26883-900 INSURED INSURER B: Arch Insurance Company 11150-001 Athens Services, Inc. 14048 Valley Blvd. INSUAERC:
City of Industry, CA 91746 INSURERD·
INSURERE:
I INSURERF·
COVERAGES :ATE NIIMR"R· 15616419
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 11~-f.\' TYPE I ~~';;~ ~'II POll Llt,OTS
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I Acord
C~=~- o_f. Hermosa Beach is named as Additional Insured 'le Liability policy, but only as required by
CERTIFICATE HOLDER
City of Hermosa Beach
Attn: Ken Reamey
1315 Valley Drive
Hermosa Beach, CA 90254
13/1/2011 3/1/2012 EACH l, 000' 000
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CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Call: 32 91444 Tp1: 123 0311 Cert: 1561641.9 © 1988-'2010ACORD CORPORATION. All rights rese ACORD 25 (201 0/05) The ACORD name and fogo are registered marks of ACORD 259
1:
CITY OF HERMOSA BEACH
REQUEST FORM
FOR CONTRACTS AND ON-GOING SERVICES
o: Finance Director Date: 12/15/2010
From Frank Senteno Director Signature ___________ _
Department of Public Works
Please issue a Contractor's purchase order to the following:
Arakelian Enterprises, Inc. DBA Athens Services '·. ; • - 7:: /- '
VENDOR NAME
P.O. Box 60009
VENDOR ADDRESS
City of Industry CA 91716
CITY STATE ZIP
Ron Arakelian 626 336-3636 office
VENDOR CONTACT
This request is authorized by the following:
[g) City Council Approved Contract Date of City Council Approval: October 12. 2010 0 Signed Agreement (Attach Copy)
0 Approved Lease (Attach Copy)
0 On-Going Services Provider Estimated Annual Amount $
Description of Services: Citywide Street Sweeping
PURCHASE ORDER#
FINANCE DIRECTOR
CITY MANAGER
FINANCE USE ONLY:
DATE ____________ ~
DATE
Invoices relating to the above services will be forwarded to the requesting department for approval and assignment of an account number.
F:\895\PWFILES\ongoing or contract requests\ATHENS 12-15-10.doc 260 I
Honorable Mayor and Members of
the Hermosa Beach City Council
October 19, 2010
Regular Meeting of
October 26, 2010
AWARD CONTRACT FOR
SWEEPING/CLEANING OF STREETS, ALLEYS, WALKSTREETS,
PARKING LOTS, AND THE PIER IN HERMOSA BEACH
Recommendation:
It is recommended that the City Council:
1. Award Sweeping/Cleaning Services contract to Athens Services for the period beginning November 1, 2010 and ending June 30, 2013 for a three-year contract total of $681 ,807 .44;
2. Authorize the Mayor to execute and the City Clerk to attest the contract subject to approval by the City Attorney; and
3. Authorize the Director of Public Works to make changes as necessary within the budgeted amount.
Background:
This contract provides street sweeping and cleaning services throughout the city, including streets, walkstreets, commercial sidewalks, the Strand, City-owned parking lots, the parking structure, and the pier.
This contract was originally bid in March 2010. Due to discrepancies with the lowest cost proposal, Council rejected all bids and directed staff to rebid the contract.
The scope of work was modified by eliminating optional levels of service and adding cleaning of the parking structure and quarterly cleaning of all commercial sidewalks. On September 2, 2010, the revised scope of work was advertised in the Easy Reader and on the City's website. The City Clerk received five bids by the closing date of September 30, 2010. The bids were publicly opened and read aloud. The bid results were as follows:
TOTAL
1111/10 07/01/11 07/01/12 (1111/10
Bidder through through through through
06/30/11 06130/12 06/30/13 6/30/13)
Athens Services $164,449.70 $254,856.04 $262,501.70 $681,807.44 CleanStreet $223,834.96 $342,467.64 $349,317.12 $915,619.72 Webco LB LLC $246,442.00 $422,472.00 $422,472.00 $1,091,386.00 Cannon Pacific
Services, Inc. $459,397.12 $689,095.68 $689,095.68 $1,837,588.48 Borden Trucking,
Inc. $703,327.00 $1,068,054.00 $1,068,054.00 $2,839,435.00 261
Analysis:
The bid of the apparent low bidder, Athens Services, is approximately 30% below the amount currently budgeted for this work. Staff reviewed the low bidder's documents and found them to be in order. The Contractor has performed similar work for other public agencies and received favorable references.
Staff recommends award of this contract to Athens Services.
Fiscal Impact:
This work is funded from three sources. The breakdown by fund is as follows:
Downtown General Fund -- General Fund -- Enhancement
Fund Street Sweeping Pier Maintenance TOTAL
1 09-3301-4201 001-3104-4201 001-61 01-4201
-<I>
Current Year Budget for Full Year $112,519 $205,150 $40,150 $357,819 Cl
'0
:::1
co
-
"' 0
u
-
" ..
'--c:
0 u
Current Year Budget
(pro-rated for 8 months of $75,013 $136,767 $26,767 $238,546 service)
Current Year Contract Cost $56,927 $96,961 $10,561 $164,450 (8 months of service) FY1112 Contract Cost (Full Year) $87,953 $150,586 $16,317 $254,856 FY1213 Contract Cost (Full Year) $90,591 $155,104 $16,806 $262,502 TOTAL CONTRACT COST $235,472 $402,652 $43,684 $681,807
The cost for the remainder of the current year is approximately $74,000 less than the budgeted amount.
The cost for the next two fiscal years is approximately $100,000 per year less than the amount budgeted for the current year.
Attachment: Cost Breakdown -Athens Sweeping/Cleaning Proposal Received 09/30/10 2 262
Respectfully submitted,
Ken
((b,
Reamey, P.E.
~
Associate Engineer
Noted for Fiscal Impact:
Viki Copeland
Finance Director
Concur:
3 Frank Senteno, P.E.
Interim Director of Public Works
Stephen R. Burrell
City Manager
F :\895\PWFI LES\CCITEMS\AwardStreetSweepingContract1 0121 O.doc 263
Cost Breakdown
Athens Services Sweeplng/CI.eaning Proposal Received 09/30/10 11/1/10 thru 6130/11 7/1/11 thru 6/30112 711/12 thru 6J30/13 Item Description Frequency Funding Source
Monthly Annual Monthly Annual Monthly Annual
1 Sweep Downtown Mon. Wed, Frl, Sat, Sun 109~3301-4201 $2,066.07 $16,528.56 $2,128.05 $25,536.60 $2,191.89 $26,302.68 2 Sweep Strand Daily 001-31044201 $1,774.64 $14,197.12 $1,827.88 $21,934.56 $1,882.72 $22,592.64 3 Clean City Pier Mon. Wed, Fri, Sat, Sun 00·1-61 01-4201 $1,320.12 $10,560.96 $1,359.72. $16,316.64 $1,400.52 $16,806.24 4 Morning Porter Service Downtown Mon, Wed, Fri, Sat, Sun 109-3301-4201 $1,603.83 $12,830.84 $1,851.94 $19,823.28 $1.701.50 $20,418.00 5 Afternoon Porter Service Downtown Sat, Sun, Holidays 109-3301-4201 $702.52 $5,620.16 $72360 $8,883.20 $745.30 $8,943.60 6 Clean Dumpster Enclosures in Lots A, B, and D. Weekly 109-3301-4201 $487.33 $3,898.64 $501.95 $6,023.40 $517.01 $6,204.12 7 Sweep aU streets, alleys, walkstreets, and public Weekly, excluding holidays 001-3104-4201 $10,155.90 $81,247.20 $10,460.58 $125,526.96 $10,n4.39 $129,292,68 parking lots not Included In Downtown area. 8 Clean I Sweep Upper Pier Avenue Mon. Wed, Frl, Sat, Sun 109-3301-4201 $1,018.08 $8.144.64 $1,048.62 $12,583.44 $1,080.08 $12,960.96 9 Commercial Sidewalk Cleaning Quarterly 001-3104-4201 $758.49 $1,516.98 $781.24 $3,124.96 $804.68 $3,218.72 10 Clean I Sweep Parl<ing Structure Mon, Fri 109-3301-4201 $1,236.10 $9,904.80 $1,275.24 $15,302.88 $1,313.50 $15,762.00 TOTAL ANNUAL COST: $164,449.70 $254,855.92 $262,501.64
KFR: F:\895\PW FILES\CJF'\Sma!!Projecls\StreetSweeping20 1 0\CostBreakdown.xls: 1 0/6/201 0:9:35 AM 264
REQUEST FOR PROPOSALS
FOR
SWEEPING/CLEANING OF STREETS, ALLEYS, WALKSTREETS,
PARKING LOTS AND THE PIER IN HERMOSA BEACH
NOVEMBER 1, 2010 THRU JUNE 30, 2013
PUBLIC WORKS DEPARTMENT
1315 Valley Drive
Hermosa Beach, CA 90254
310/318-0214
265
TABLE OF CONTENTS
PAGE NO.
PART1 Notice to Contractors 3
PART2 Instructions to Proposers 4
PART3 Proposal Documents
Section 1 Proposal to the City Council 7
Section 2 Non-Collusion Affidavit 8
Section 3 Contractors Industrial Safety Record 9
Section 4 Contractor's Hourly Cost 10
Section 5 Cost Proposal 11
Section 6 Addenda 12
Section 8 Signature Page 14
Section 9 References 15
Section 10 Agreement 16
PART4 General Provisions
Section 1 Definitions of Terms 24
Section 2 Award and Execution of Agreement 26
Section 3 Legal Requirements and Responsibilities 31
Section 4 Prosecution and Progress of the Work 33
Section 5 Method of Payment 34
PARTS Special Provisions
Section 1 Scope of Work 35
Section 2 Personnel and Supervision 43
Section 3 Equipment and Materials 45
Section 4 Items of Work 47
Section 5 Activity Schedules 48
Attachments
Reporting Forms 49
City Map 52
Sweeper Route Maps 53
2 266
City of 2-lermosa 'IJeach
NOTICE TO CONTRACTORS
SEALED PROPOSALS will be received at the office of the City Clerk, City of Hermosa Beach, California, until 2:00 p.m. on Thursday, September 30, 2010, at which time they will be publicly opened and read aloud for performing the following work:
SWEEPING/CLEANING OF STREETS, ALLEYS, WALKSTREETS,
PARKING LOTS AND THE PIER IN HERMOSA BEACH
Late proposals will not be accepted.
The proposal shall be enclosed in a sealed envelope addressed to the City Clerk, City of Hermosa Beach, 1315 Valley Drive, Hermosa Beach, CA 90254, and shall be identified in the lower left corner of the envelope "Sealed Proposal"- SWEEPING/CLEANING OF STREETS, ALLEYS, WALKSTREETS, PARKING LOTS AND THE PIER IN HERMOSA BEACH. City Hall is open Monday through Thursday, from 7:00 a.m. until 6:00 p.m.
No proposal shall be considered unless it is made on a proposal form furnished by the Department of Public Works.
Specifications, instructions to proposers, proposal, agreement, general and special provisions may be obtained in the Public Works Department, Room 001, City of Hermosa Beach, 1315 Valley Drive.
A pre-proposal meeting will be held on Wednesday, September 15,2010 at 9:00am in City Hall, Council Chambers, 1315 Valley Drive, Hermosa Beach, California. All questions regarding this proposal must be submitted in writing to Michael Flaherty, Public Works Superintendent, on or before 3:00PM on Wednesday, September 22, 2010 via facsimile (310/937-5015). It is the responsibility of the proposer to inquire as to the issuance of any addenda prior to the submittal of proposal.
A business license is required to work in the City of Hermosa Beach.
The City of Hermosa Beach reserves the right to reject any or all proposals and to waive any irregularity of informality in any proposal to the extent permitted by law.
The City of Hermosa Beach reserves the right to during the life of the contract to change the scope of services by adding or reducing work items and increasing or reducing quantities or frequencies based on the prices set forth for each item of work in this proposal.
Thank you for your time and interest in the City of Hermosa Beach.
Sincerely,
Richard D. Morgan, P.E.
Director of Public Works/City Engineer
3 267
PART2
SECTION 1
INSTRUCTIONS TO PROPOSERS
2.1.1 GENERAL
Proposals for this project shall be submitted on the blank forms furnished herewith. When presented, they must be completely filled out in the manner and form indicated therein: (1) showing the proposed prices clearly and legibly in both words and numerals, and (2) properly signed by the proposer, whose address and telephone number shall also be shown. The City Council reserves the right to reject any proposal if all of the above information is not furnished.
Each proposal submitted shall be presented under sealed cover, and must be filed prior to the time, and at the place, designated in the Notice Inviting Proposals.
2.1.2 EXAMINATION. SPECIFICATIONS, AND SITE OF THE WORK The specifications to which the proposal forms refer are on file and open to inspection in the office of the Director of Public Works.
Proposers must satisfy themselves by personal examination of the location of the proposed work and by such other means, as they may prefer as to the actual conditions and requirements of the work. Proposers shall not at any time after submission of the proposal dispute, complain, or assert that there was any misunderstanding in regard to the nature or amount of work to be done.
2.1.3 ESTIMATED QUANTITIES
The quantities shown in the proposal form, and in the estimate included in the specifications, are approximate only, and give a general indication of the amount of work or material to be performed or furnished. They are the quantities, which will be used as a basis for comparison of the proposals.
2.1.4 DISQUALIFICATION OF PROPOSALS
More that one proposal for the same work from any individual, firm, partnership, corporation, or association under the same or different names will not be accepted, and reasonable grounds for believing that any proposer is interested in more than one proposal for the work will be cause for rejecting all proposals in which such proposer is interested.
Proposals in which the prices are obviously unbalanced, and those, which are incomplete or show any alteration of form or contain any additions or conditional or alternate proposals that are not called for or otherwise permitted, may be rejected. A proposal in which the signature of the proposer has been omitted will be rejected.
2.1.5 AWARD OF AGREEMENT
The award of the agreement, if it is awarded, will be made to the most qualified and responsible proposer whose proposal complies with all the prescribed requirements and who proposes the lowest price for all of the proposal items. Until award is made, the City reserves the right to reject any or all proposals and to waive technical errors or discrepancies if to do so is deemed to best serve the interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility of the proposer to whom it is proposed to make such award. 4 268
2.1.6 PROPOSAL FIGURES
In case of a discrepancy between words and figures, the words shall prevail. The proposal price shown in words shall take precedence over the price shown for the total should any discrepancy exist. An alteration of, or addition to, the form of proposal, which qualifies the proposal, will invalidate it. No mention shall be made of Sales Tax or Use Tax; all proposal prices submitted will be considered as including such tax.
2.1. 7 EXECUTION OF AGREEMENT
If awarded the agreement, the undersigned hereby agrees to sign said agreement and furnish the necessary certificate of insurance within ten (1 0) days of the Notice of Award of said agreement, and to begin work as of the date on the Notice to Proceed from the City of Hermosa Beach, California.
2.1.8 INSTRUCTIONS FOR SIGNING PROPOSAL AND AGREEMENT
CORPORATIONS
Give the name of Corporation.
Signatures: President or Vice-President and Secretary or Assistant Secretary.
Affix Corporation seal and Notary's acknowledgment.
Others may sign for the corporation if the Director of Public Works has been furnished a certified copy of a resolution of the Corporation Board of Directors authorizing them to do so.
PARTNERSHIPS
Signatures: All members of partnership, one may sign if the Director of Public Works has a copy of the authorization.
Affix Notary's acknowledgment.
JOINT VENTURES
Give the names of the joint ventures.
Signatures: All members of partnership, one may sign if the Director of Public Works has a copy of the authorization.
Affix Notary's acknowledgment.
INDIVIDUALS
Signature: The individual.
Affix Notary's acknowledgment.
Another may sign for the individual if the Director of Public Works has been furnished a certified power-of-attorney authorizing the other person to sign.
FICTITIOUS NAMES
Show fictitious name. Satisfy all pertinent requirements shown above. 5 269
2.1.10 QUALIFICATIONS OF PROPOSERS
All proposers hereunder must furnish satisfactory evidence to the City that they have operated or are presently operating a street sweeping service of the type similar to the operation described in this document and that they have successfully done so for a municipality for a minimum of five (5) years.
In order to determine the eligibility of the proposers, all of them must list all terminated or existing sweeping services (existing ones will be subject to inspection by City personnel).
As an attachment to the proposal, all proposers shall include detailed inventories of their equipment and all accessories by type, by model, year of manufacture, and anticipated remaining useful life as of the date of the inventory. All leased equipment shall be listed separately; the time remaining of each leased machine and option of renewal, where applicable, shall be stated. All equipment proposed to accomplish the work under this agreement must be available upon the effective date of the commencement of operations. Any new equipment proposed to be acquired shall be described in the schedule attached to the proposal document stating the scheduled time in calendar days such equipment will be in operation and shall include copies of delivery guaranties by manufacturers.
All proposers shall be required to demonstrate to the satisfaction of the City that they have adequate financial resources, experienced personnel, and expertise to perform the services required by these specifications. No agreement will be awarded to any proposer who, as determined by the City, has an unsatisfactory performance record or inadequate experience, or who at any time lacks the necessary capital, organization, and equipment to conduct and complete the services in strict accordance with the specifications.
All proposers shall be held to comply with all laws of the State of California, the rules and regulations promulgated thereunder, the applicable ordinances, the rules and regulations of the City of Hermosa Beach, the ordinances and rules and regulations of the County of Los Angeles, and all other provisions of law. The CONTRACTOR shall meet all the requirements of the legislation and regulations, including any subsequent changes.
All power sweeping equipment (including Strand sweeper) must use alternative fuel in accordance with South Coast Air Quality Management District Rule No. 1186.1. 6 270
PART3
SECTION 1
PROPOSAL TO THE CITY COUNCIL
SWEEPING/CLEANING OF STREETS, ALLEYS, WALKSTREETS,
PARKING LOTS AND THE PIER IN HERMOSA BEACH
3.1.1 PROPOSAL
The undersigned, as proposer, declares that: (1) this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named· herein; (2) proposer has carefully examined the specifications, instructions to proposers, proposal, notice to Contractors and all other information furnished therefore and the sites of the proposed work; and (3) proposer has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, proposer agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this agreement is awarded to proposer, to enter into a agreement with the City Council of the City of Hermosa Beach to perform said proposed work in accordance with the terms of the specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary to do said work, except such thereof as may otherwise be furnished or provided under the terms of said specifications, for the following stated prices as submitted and attached hereto.
3.1.2 REQUIRED PROPOSAL DOCUMENTS
The proposer has submitted a complete Proposal, which includes all of the following documents:
Proposal to the City Council
Non-Collusion Affidavit
Agreement
Contractor's Industrial Safety Record
Designation of Sub-Contractors
Contractor's Hourly Cost
Proposer's Itemized Cost Breakdown by Year
References
7 271
3.2.1 AFFIDAVIT
PART3
SECTION 2
NON-COLLUSION AFFIDAVIT
The undersigned in submitting a proposal for performing the following work by agreement, being duly sworn, deposes and says:
That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing in connection with such agreement.
City Project Name: SWEEPING/CLEANING OF STREETS, ALLEYS, WALKSTREETS,
PARKING LOTS AND THE PIER IN HERMOSA BEACH
Signature of Proposer
Business Address
Subscribed and sworn to before me this. ___ day of 2010.
Notary Public in and for the County of Los Angeles, State of California
My Commission expires. ______ .20 .
8 272
PART3
SECTION 3
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
3.3.1 SAFETY RECORD
To be submitted with each proposal to agreement for:
1. 2.
3.*
4.*
5.*
Project Identification---------------------
Proposal Date __________________ _
The information must include all work undertaken in the State of California by the proposer, partnership, joint venture or corporation that any principal of the proposer participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of proposal submittal. Separate information shall be submitted for each particular partnership, joint venture, corporate or individual proposer. The proposer may attach any additional information or explanation of data, which he/she would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities.
NAMEOFCONTRACTOR: -----------------------------------
Record last Five (5) Full Years
YEAR OF RECORD 2005 2006 2007 2008 2009
No. of Contracts
Total dollar amount of
contracts (in thousands of
dollars)
No. of Fatalities
No of lost workday cases
No. of lost workday cases
involving permanent
transfer to another job or
termination of
employment
6.* No. of lost workdays
*The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary of Occupational Injuries and Illnesses, OSHA No. 102. 9 273
PART3
SECTION 4
CONTRACTOR'S HOURLY COST
3.5.1 HOURLY COSTS- This section must be filled in completely Hourly Costs for labor and equipment are provided below:
3.5.2 LABOR
CLASSIFICATION!TITLE HOURLY COST MARKUP
Laborer
Crewleader
Supervisor
Equipment Operator
Others (please list)
3.5.3 EQUIPMENT
EQUIPMENT HOURLY COST MARKUP
TYPE:
10 TOTAL
TOTAL
274
PART3
SECTION 5
COST PROPOSAL
3.6.1 ANNUAL COSTS OF SWEEPING/CLEANING OF STREETS, ALLEYS, WALKSTREETS, PARKING LOTS AND THE PIER IN HERMOSA BEACH NAME OF CONTRACTOR:
11/1/10 thru 6/30/11 7/1/11 thru 6/30/12 7/1/12 thru 6/30/13 TOTAL COST PROPOSAL ITEMS Monthly Annual Cost Monthly Cost Annual Monthly Annual Cost Cost Cost Cost
1 Sweep Downtown 5 days/week
2 Sweep Strand 7 days/week
3 Clean City Pier 5 days per/week
4 Morning Porter Service 5 days/week
Downtown
5 Afternoon Porter Saturdays/
Service Downtown Sundays/
Holidays
6 Clean dumpster 1 day/week
enclosures in Lots A, B
and D
7 Sweep all streets, 1 day/week
alleys, Walkstreets and excluding
parking lots not included holidays
in Downtown area
8 Clean\sweep Upper 5 days/week,
Pier Avenue including holidays
9 Commercial Sidewalk Quarterly
Cleaning
10 Parking Structure Per Section
5.1.4a
TOTAL
..
Note: The agreement will be awarded to the lowest responsive and responsible proposer based on the total amount proposed for all above bid items for three (3) consecutive years. The cost loading of individual work items must be able to stand alone and not be dependent upon other items of work, because from time to time during the life of the agreement the City reserves the option to change the scope of services based upon prices for each work item set forth above in this proposal. Total cost in writing:
Proposer's Signature: __________________ Date ___ _
11 275
PART3
SECTION 6
ADDENDA
The undersigned acknowledges the receipt of the following addenda to the specifications.
Addendum No. Date Addendum No. Date
CONTRACTOR SIGNATURE
12 276
PART3
SECTION 8
SIGNATURE PAGE
The information herewith stated was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true, and accurate within the limitations of those records.
Name of Proposer Signature
Address
City Zip Code Telephone
13 277
PART3
SECTION 9
REFERENCES
SUBMIT SEPARATELY A LIST OF ALL CONTRACTS IN FORCE AS OF THIS DATE,
INCLUDING CONTACT PERSON, AMOUNT OF THE CONTRACT AND TELEPHONE NUMBER.
1. 2.
3. 4.
5. 14
278
PART3
SECTION 10
AGREEMENT
SWEEPINGICLEANING OF STREETS, ALLEYS, WALKSTREETS,
PARKING LOTS AND THE PIER IN HERMOSA BEACH
This Agreement for SWEEPING/CLEANING OF STREETS, ALLEYS, WALKSTREETS, PARKING LOTS AND THE PIER IN HERMOSA BEACH- Street Cleaning Services ("Agreement") is made on this _day of 2010, at Hermosa Beach, California, by and between the City of Hermosa Beach, a municipal corporation, 1315 Valley Drive, Hermosa Beach, California 90254 (hereinafter referred to as the "CITY") and (Hereinafter referred to as the "CONTRACTOR").
RECITALS
A. CITY proposes to contract for Street Cleaning Services for all public owned properties as set forth below in this Agreement;
B. CONTRACTOR is willing to perform such services and has the necessary qualifications by reason of experience, preparation, and organization to provide the required services.
C. NOW, THEREFORE, the CITY and the CONTRACTOR mutually agree as follows:
1. SERVICES. CONTRACTOR shall perform those services set forth in PART 5 - SPECIAL PROVISIONS which is attached hereto and incorporated herein by reference. CITY reserves the right to change the scope of services, including the items and frequency of work to be performed, at any time in its sole discretion during the term of this Agreement, and to modify the payment due CONTRACTOR accordingly, based on the prices set forth in CONTRACTOR'S proposal.
2. TIME OF PERFORMANCE. The term of this Agreement shall be for the time period beginning November 1, 2010 and ending on June 30, 2013.
3. PAYMENT FOR SERVICES. CONTRACTOR shall be compensated in an amount not to exceed . Compensation shall under no circumstances be increased except by written amendment of this Agreement. CONTRACTOR shall be paid within thirty (30) days of presentation of an invoice to CITY for services performed to CITY's satisfaction.
CONTRACTOR shall submit invoices monthly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by CITY.
4. AGREEMENT ADMINISTRATION.
4.1. CITY's Representative. Unless otherwise designated in writing Mike Flaherty, Maintenance Supervisor, shall serve as the CITY's representative for the administration of the project. All activities performed by the CONTRACTOR shall be coordinated with this person.
4.2. Manager-in-Charge. For the CONTRACTOR shall be in
charge of the project on all matters relating to this Agreement and any agreement or approval made by her/him shall be binding on the CONTRACTOR. The Manager-inCharge shall not be replaced without the written consent of the CITY. 15 279
4.3. Responsibilities of the CITY. The CITY shall provide all relevant documentation in its possession to the CONTRACTOR upon request in order to minimize duplication of efforts. The CITY's staff shall work with the CONTRACTOR as necessary to facilitate performance of the services.
4.4. Personnel. The CONTRACTOR represents that it has or will secure at its own expense all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by the CONTRACTOR or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The CONTRACTOR reserves the right to determine the assignment of its own employees to the performance of the CONTRACTOR's services under this Agreement, but the CITY reserves the right, for good cause, to require the CONTRACTOR to exclude any employee from performing services on the CITY's premises.
5. TERMINATION.
5.1. Termination for Convenience. Either party may terminate this Agreement without cause and in its sole discretion at any time by giving the other party thirty (30) days' written notice of such termination. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination and shall be compensated for services performed to the CITY's satisfaction up to the date of tenmination.
5.2. Termination for Cause. All terms, provisions, and specifications of this Agreement are material and binding, and failure to perform any material portion of the work described herein shall be considered a breach of this Agreement. Should the Agreement be breached in any manner, the CITY may, at its option, terminate the Agreement not less than five (5) days after written notification is received by the CONTRACTOR to remedy the violation within the stated time or within any other time period agreed to by the parties. In the event of such termination, the CONTRACTOR shall be responsible for any additional costs incurred by the CITY in securing the services from another CONTRACTOR.
6. INDEMNIFICATION. CONTRACTOR shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the City.
7. INSURANCE REQUIREMENTS.
7 .1. The CONTRACTOR, at the CONTRACTOR's own cost and expense, shall procure and maintain, for the duration of the agreement, the following insurance policies:
7.1 .1. Workers' Compensation Coverage. The CONTRACTOR shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for its employees in accordance with the laws of the State of California. In addition, the CONTRACTOR shall require any and every subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the CITY at least thirty 16 280
(30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for City.
7.1.2. General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1 ,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. 7 .1.3. Automobile Liability Coverage. The CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than three hundred thousand dollars ($1 ,000,000) combined single limit for each occurrence. 7 .2. Endorsements. Each general liability and automobile liability insurance policy shall be issued by insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the specific language of Section 7 .2.1 below. 7 .2.1. "The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations."
7.2.2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers.
Any insurance maintained by the CITY, including any self-insured retention the CITY may have shall be considered excess insurance only and shall not contribute with this policy.
7 .2.3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
7 .2.4. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents.
7 .2.5. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers.
7.2.6. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days' written notice has been received by the CITY.
7 .3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the CITY's option, the CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
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7 .4. Certificates of Insurance. The CONTRACTOR shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. 7 .5. Failure to Procure Insurance. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of agreement under which the CITY may terminate this Agreement pursuant to Section 6.2 above.
8. ASSIGNMENT AND SUBCONTRACTING. The parties recognize that a substantial inducement to the CITY for entering into this Agreement is the professional reputation, experience, and competence of the CONTRACTOR. Assignments of any or all rights, duties, or obligations of the CONTRACTOR under this Agreement will be permitted only with the express consent of the CITY. The CONTRACTOR shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the CITY. If the CITY consents to such subcontract, the CONTRACTOR shall be fully responsible to the CITY for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the CITY and subcontractor nor shall it create any obligation on the part of the CITY to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
9. COMPLIANCE WITH LAWS, CODES, ORDINANCES, AND REGULATIONS. The CONTRACTOR shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
9.1. Taxes. The CONTRACTOR agrees to pay all required taxes on amounts paid to the CONTRACTOR under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent CONTRACTOR relationship created by this Agreement.
In the event that the CITY is audited by any Federal or State agency regarding the independent CONTRACTOR status of the CONTRACTOR and the audit in any way fails to sustain the validity of a wholly independent CONTRACTOR relationship between the CITY and the CONTRACTOR. then the CONTRACTOR agrees to reimburse the CITY for all costs, including accounting and attorneys' fees, arising out of such audit and any appeals relating thereto.
9.2. Workers' Compensation Law. The CONTRACTOR shall fully comply with the workers' compensation law regarding the CONTRACTOR and the CONTRACTOR's employees. The CONTRACTOR further agrees to indemnify and hold the CITY harmless from any failure of the CONTRACTOR to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any compensation due to the CONTRACTOR under this Agreement any amount due to the CITY from the CONTRACTOR as a result of the CONTRACTOR's failure to promptly pay to the CITY any reimbursement or indemnification arising under this Section.
9.3. Licenses. The CONTRACTOR represents and warrants to the CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR represents and warrants to the CITY that the CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance. 18 282
10. CONFLICT OF INTEREST. The CONTRACTOR confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. The CONTRACTOR shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation.
11. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR represents and agrees that it does not and will not discriminate against any employee or applicant for employment because of race, religion, color, medical condition, sex, sexual orientation and/or gender identity, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition.
12. RECORDS AND AUDITS. The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by the CITY at any time during regular business hours.
13. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the CITY shall own all documents and other work product of the CONTRACTOR, except the CONTRACTOR's notes and work papers, which pertain to the work performed under this Agreement. The CITY shall have the sole right to use such materials in its discretion and without further compensation to the CONTRACTOR, but any re-use of such documents by the CITY on any other project without prior written consent of the CONTRACTOR shall be at the sole risk of the CITY. The CONTRACTOR shall at its sole expense provide all such documents to the CITY upon request.
14. INDEPENDENT CONTRACTOR. The CONTRACTOR is and shall at all times remain as to the CITY a wholly independent CONTRACTOR. Neither the CITY nor any of its agents shall have control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees or agents, except as herein set forth. The CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. The CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent.
15. NOTICE. All Notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party's representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address.
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CITY OF HERMOSA BEACH
1315 Valley Drive
Hermosa Beach, CA 90254
Attention: Richard Morgan, Director
Public Works Department
CONTRACTOR:
Attention: ________ _
16. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California.
17. ENTIRE AGREEMENT; MODIFICATION. This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. Any agreement, statement, or promise not contained in the Agreement, and any modification to the Agreement, will be effective only if signed by both parties.
18. ATTORNEYS' FEES. In any action brought to declare the rights granted herein or to enforce any of the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees in an amount determined by the court.
19. WAIVER. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement. Payment of any invoice by the CITY shall not constitute a waiver of the CITY's right to obtain correction or replacement of any defective or noncompliant work product.
20. EXECUTION. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
21. AUTHORITY TO ENTER AGREEMENT. The CONTRACTOR has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 20 284
IN WITNESS WHEREOF, the parties have executed this Agreement the __ day of __ , 2010.
CITY OF HERMOSA BEACH:
Peter Tucker, Mayor
ATTEST:
City Clerk
APPROVE AS TO FORM
Michael Jenkins
CONTRACTOR
TITLE
21 285
COMPENSATION INSURANCE CERTIFICATE
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this agreement.
COMPANY
SIGNATURE
TITLE
DATE
22 286
COMPENSATION INSURANCE CERTIFICATE
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this agreement.
•• m~ •• ~__, SIGNATURE
Executive Officer
TITLE
May 24, 2011
DATE . ··:.,.._
22 287
PART4
GENERAL PROVISIONS
SECTION 1
DEFINITION OF TERMS
4.1.1 DEFINITIONS
Change Order- Any modification of the Agreement made after the Formal Agreement is executed.
City- The City Council of Hermosa Beach or its designated representative.
CONTRACTOR - A person or organization identified as such in the Agreement and is referred to throughout the Agreement Document. The term CONTRACTOR means the CONTRACTOR or his/her authorized representative.
Daily- Refers to normal hours of work from Monday through Sunday with the exception of holidays.
Days - When used to designate a period of time, days shall be in reference to calendar days, unless otherwise specified.
Director of Public Works - That person designated by City Council as Director of Public Works or his/her designated representative.
Specifications - The written directions, provisions and requirements pertaining to the work and to the quantities and qualities of labor, equipment and materials furnished under this agreement.
Subcontractor - An individual, firm or corporation supplying labor or labor and materials for work under this agreement and whose contractual relationship is with the CONTRACTOR and not the City.
Supplemental Agreements - Written agreements covering exhibits, schedules, drawings, instructions, alterations, amendments or extensions of the Agreement.
Refuse - Shall mean all types of debris including dirt, rock, paper, and leaves.
Business District - Shall be deemed to mean that territory described as commercial, industrial or manufacturing districts in the zoning may be territory of the City of Hermosa Beach; and also all that territory abutting upon any public highway or street within said City, when fifty percent (50%) or more of the frontage thereon for a distance of three hundred (300) feet or more is now, or may hereafter be, occupied by buildings in use for business purposes.
Residence District- Shall include all that portion of said City not included within the business district as herein detained, including also such residences or dwelling structures as may exist in such district or any other area of the City of Hermosa Beach.
Shall- Shall be mandatory.
May- Shall be permissive.
Working Day- Shall mean Monday through Sunday.
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Sign Route - Shall mean any street or alley posted with signs specifying a particular day for street sweeping.
Street- Shall mean any dedicated street in the City of Hermosa Beach.
Alley- Shall mean any dedicated alley in the City of Hermosa Beach.
Parking Lot- Shall mean any City-owned parking lot.
Median Island- Shall mean the raised portion of the street between opposing lanes of traffic.
Regular Sweeping - Shall mean sweeping of streets, alleys, parking lots, medians and other areas at pre-arranged scheduled intervals.
Walkway- Shall mean any City-owned walkway.
Extra work- Shall be defined in Section 5.1.5.
Barriers- Shall include warning signs, cones and other safety warning devices. 24 289
PART3
SECTION 10
AGREEMENT
SWEEPING/CLEANING OF STREETS, ALLEYS, WALKSTREETS,
PARKING LOTS AND THE PIER IN HERMOSA BEACH
This Agreement for SWEEPING/CLEANING OF STREETS, ALLEYS, WALKSTREETS, PARKING LOTS AND THE PIER IN HERMOSA BEACH- Street Cleaning Services ("Agreement") is made on this 12th day of October 2010, at Hermosa Beach, California, by and between the City of Hermosa Beach, a municipal corporation, 1315 Valley Drive, Hermosa Beach, California 90254 (hereinafter referred to as the "CITY") and Arakelian Enterprises, Inc. (Hereinafter referred to as the "CONTRACTOR").
RECITALS
A. CITY proposes to contract for Street Cleaning Services for all public owned properties as set forth below in this Agreement;
B. CONTRACTOR is willing to perform such services and has the necessary qualifications by reason of experience, preparation, and organization to provide the required services.
C. NOW, THEREFORE, the CITY and the CONTRACTOR mutually agree as follows:
1. SERVICES. CONTRACTOR shall perform those services set forth in PART 5 - SPECIAL PROVISIONS which is attached hereto and incorporated herein by reference. CITY reserves the right to change the scope of services, including the items and frequency of work to be performed, at any time in its sole discretion during the term of this Agreement, and to modify the payment due CONTRACTOR accordingly, based on the prices set forth in CONTRACTOR'S proposal.
2. TIME OF PERFORMANCE. The term of this Agreement shall be for the time period beginning November 1, 2010 and ending on June 30, 2013.
3. PAYMENT FOR SERVICES. CONTRACTOR shall be compensated in an amount not to exceed $681,807.44. Compensation shall under no circumstances be increased except by written amendment of this Agreement. CONTRACTOR shall be paid within thirty (30) days of presentation of an invoice to CITY for services performed to CITY's satisfaction.
CONTRACTOR shall submit invoices monthly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by CITY.
4. AGREEMENT ADMINISTRATION.
4.1. CITY's Representative. Unless otherwise designated in writing, the Maintenance Supervisor shall serve as the CITY's representative for the administration of the project. All activities performed by the CONTRACTOR shall be coordinated with this person.
4.2. Manager-in-Charge. For the CONTRACTOR Garv Clifford. COO shall be in charge of the project on all matters relating to this Agreement and any agreement or approval made by her/him shall be binding on the CONTRACTOR. The Manager-inCharge shall not be replaced without the written consent of the CITY.
4.3. Responsibilities of the CITY. The CITY shall provide all relevant documentation in its possession to the CONTRACTOR upon request in order to minimize duplication 15 290
4. 3. Responsibilities of the CITY. The CITY shall provide all relevant documentation in its possession to the CONTRACTOR upon request in order to minimize duplication of efforts. The CITY's stall shall work with the CONTRACTOR as necessary to facilitate performance of the services.
4.4. Personnel. The CONTRACTOR represents that it has or will secure at its own expense all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by the CONTRACTOR or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The CONTRACTOR reserves the right to determine the assignment of its own employees to the performance of the CONTRACTOR's services under this Agreement, but the CITY reserves the right, for good cause, to require the CONTRACTOR to exclude any employee from performing services on the CITY's premises.
5. TERMINATION.
5.1. Termination for Convenience. Either party may terminate this Agreement without cause and in its sole discretion at any time by giving the other party thirty (30) days' written notice of such termination. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination and shall be compensated for services performed to the CITY's satisfaction up to the date of termination.
5.2. Termination for Cause. All terms, provisions, and specifications of this Agreement are material and binding, and failure to perform any material portion of the work described herein shall be considered a breach of this Agreement. Should the Agreement be breached in any manner, the CITY may, at its option, terminate the Agreement not less than five (5) days after written notification is received by the CONTRACTOR to remedy the violation within the stated time or within any other time period agreed to by the parties. In the event of such termination, the CONTRACTOR shall be responsible for any additional costs incurred by the CITY in securing the services from another CONTRACTOR.
6. INDEMNIFICATION. CONTRACTOR shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the City.
7. INSURANCE REQUIREMENTS.
7.1. The CONTRACTOR, at the CONTRACTOR's own cost and expense, shall procure and maintain, for the duration of the agreement, the following insurance policies:
7.1.1. Workers' Compensation Coverage. The CONTRACTOR shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for its employees in accordance with the laws of the State of California. In addition, the CONTRACTOR shall require any and every subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the CITY at least thirty 16 291
7.4. Certificates of Insurance. The CONTRACTOR shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.
7.5. Failure to Procure Insurance. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of agreement under which the CITY may terminate this Agreement pursuant to Section 6.2 above.
8. ASSIGNMENT AND SUBCONTRACTING. The parties recognize that a substantial inducement to the CITY for entering into this Agreement is the professional reputation, experience, and competence of the CONTRACTOR. Assignments of any or all rights, duties, or obligations of the CONTRACTOR under this Agreement will be permitted only with the express consent of the CITY. The CONTRACTOR shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the CITY. If the CITY consents to such subcontract, the CONTRACTOR shall be fully responsible to the CITY for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the CITY and subcontractor nor shall it create any obligation on the part of the CITY to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
9. COMPLIANCE WITH LAWS, CODES, ORDINANCES, AND REGULATIONS. The CONTRACTOR shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
9.1. Taxes. The CONTRACTOR agrees to pay all required taxes on amounts paid to the CONTRACTOR under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent CONTRACTOR relationship created by this Agreement.
In the event that the CITY is audited by any Federal or State agency regarding the independent CONTRACTOR status of the CONTRACTOR and the audit in any way fails to sustain the validity of a wholly independent CONTRACTOR relationship between the CITY and the CONTRACTOR, then the CONTRACTOR agrees to reimburse the CITY for all costs, including accounting and attorneys' fees, arising out of such audit and any appeals relating thereto.
9.2. Workers' Compensation Law. The CONTRACTOR shall fully comply with the workers' compensation law regarding the CONTRACTOR and the CONTRACTOR's employees. The CONTRACTOR further agrees to indemnify and hold the CITY harmless from any failure of the CONTRACTOR to comply with applicable workers' compensation laws. The CITY shall have the right to offset against the amount of any compensation due to the CONTRACTOR under this Agreement any amount due to the CITY from the CONTRACTOR as a result of the CONTRACTOR's failure to promptly pay to the CITY any reimbursement or indemnification arising under this Section.
9.3. Licenses. The CONTRACTOR represents and warrants to the CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR represents and warrants to the CITY that the CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance. 18 292
10. CONFLICT OF INTEREST. The CONTRACTOR confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. The CONTRACTOR shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation.
11. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR represents and agrees that it does not and will not discriminate against any employee or applicant for employment because of race, religion, color, medical condition, sex, sexual orientation and/or gender identity, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition.
12. RECORDS AND AUDITS. The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement. All such records shall be made available for inspection or audit by the CITY at any time during regular business hours.
13. OWNERSHIP OF DOCUMENTS. It is understood and agreed that the CITY shall own all documents and other work product of the CONTRACTOR, except the CONTRACTOR's notes and work papers, which pertain to the work performed under this Agreement. The CITY shall have the sole right to use such materials in its discretion and without further compensation to the CONTRACTOR, but any re-use of such documents by the CITY on any other project without prior written consent of the CONTRACTOR shall be at the sole risk of the CITY. The CONTRACTOR shall at its sole expense provide all such documents to the CITY upon request.
14. INDEPENDENT CONTRACTOR. The CONTRACTOR is and shall at all times remain as to the CITY a wholly independent CONTRACTOR. Neither the CITY nor any of its agents shall have control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees or agents, except as herein set forth. The CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. The CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent.
15. NOTICE. All Notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party's representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address.
19 293
CITY OF HERMOSA BEACH
1315 Valley Drive
Hermosa Beach, CA 90254
Attention: Richard Morgan, Director
Public Works Department
CONTRACTOR:
Arakelian Enterprises, Inc. DBA Athens Services
P .0. Box 60009
City of Industry, California 91716
Attention: Contract Administration
16. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California.
17. ENTIRE AGREEMENT; MODIFICATION. This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. Any agreement, statement, or promise not contained in the Agreement, and any modification to the Agreement, will be effective only if signed by both parties.
18. ATTORNEYS' FEES. In any action brought to declare the rights granted herein or to enforce any of the terms of this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees in an amount determined by the court.
19. WAIVER. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement. Payment of any invoice by the CITY shall not constitute a waiver of the CITY's right to obtain correction or replacement of any defective or noncompliant work product.
20. EXECUTION. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
21. AUTHORITY TO ENTER AGREEMENT. The CONTRACTOR has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 20 294
IN WITNESS WHEREOF, the parties have executed this Agreement the 12th day of Oct , 2010.
Executive Officer
21 295
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FICTITIOUS BUSINESS NAME STATEMENT
THE FOLLOWING PERSON(S) IS (ARE) DOING BUSINESS AS: (AUacll alldilional pages if required) riolilious Busino.s «amu(s) '·Community Disposal Company 2 'Athens Services ,------,-··------~.....,.--,--,---,----- 1 Articles of Incorporation or Org<:~niz:afton Nlunbor (if <TJ!plko!:JJe) __ 2· Athens Qisposal Company ____ ..... ___ ..........J!:'"'oN A0540259 SUeet Address, City & State of Punctpal Place of Busmes~ 10 Ctllifornta W.O. Box alono not acr.e;>tab!e) }_ __ 140'!?_\{alley Blvd., City of lndus~r.~-'-A'---'-91_7-'4-'-6·--c:---::----,----------------· Full name o( Registrant I Corpor<~lion I limited Liability Company {if corporation· Incorporated in wtmt strolo) 4 __ [\ra I<_~~ an __ E nte rprisesc.l n .s:~------------------- ______ (;a lito.rn~-----------·------------- _ _ Residence Stre.o; Addra~s (P.O. Box nol accoptod) City Stale Zip Code 14048_Y aii<:J_Y_§I~cl_,c Ci tygf_l~_~ustry-'---- ____ _ __________ g~-------------·-------~ 17 4'L_ ___ _ Fullnam~ uf Rugi:>lmnl/ Corpl.lmtiun f lim!!ed Liability Cornp<mr (if <:<orporalion • incorpmubd in what state} 4A
Res;dence Sire~: Address (P.O. Box not accept~;:d) City Zip Code 48 --------·----------------------·--·------------------ This Businoss is ( l an individual ( ) a general partnership { ) joint venture ( i a businass trust 5 conducted by; ( ) co-padners ( ) husband and wife ( .; ) a corporation { } a limilod par!norship {chock ono only) ( ) an unillcorporated asscx:iulion olh~r Umn a P<~r\fl(m:;hip ( ) a limited liiibUlly company ( ) ----;.o;;;,w;;--- ~-- _( ___ }_T_I!;;;;;~r~~;-~o-m_m_e~~~d~~-~:~;;;~~b~~ines-;~nd~;~:fu;t<tio;,~-~~;i~~~~-n--.-'"-.-.·-r-.-am-,-,-,,·-,,-d-o_n_(D-,t-eJ-,·---~-rffiZ/97 __ _ ( } Registrant hos not yet begun to transact business under the fictitious business name or names listed herein. ------
7 I dcclaro that all Information In this statement Is lrun and correct. (A registrant who declares as tmo Information which he or she knows to ba fafso is g:ulfty of a crlma.J SA If RcgisUant is a CORP)JRATION or LLC, sign below
Arak~ian EnWpri~_s, Inc.
Signature of Registrant{s)
8 Signatun.t lyflclprint name --·~--·.tiporaUon NujotJ..tllm.J>l~~npany ivt..- ( _f'__ ~ 1- - Signature lYtle/print nmne -···-·-- Slgnaturo Z Chief Financial Officer
Siijoat1.11a Tille
Kevin P. Hanifin
J Sil:Jnalure lypc/print numc
--------~------------
Thi::; statement wm; fitl'td with the County Clerk of _________ _.L,o,s2.!0A!!N,G.,Esl, __ E,.s,_ ____ _ 1--- -------- ------- County on c1ata Indicated by rda stamp abOvQ, NOTICE -THIS FICTITIOUS NAME STATEMENT EXPIRES FIVE YEARS FROM DATE IT WAS FILED IN THE OFFICE OFTHE COUNTY CLERK. A NEW FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED PRIOR TO THAT DATE. The filing of this sliltomont docs not af il!ielf aulhori<!c the u!>e in U1is state of El fictitious buslnl'!ss name in vitll<llion of \\1~ righls of ~n(Jthar und!!r f\~tlen:11. :st<o~le. or cou1mon law (See Set.1ton 14411 f:ll seq., Busine:ss and Professions Code}
RF..C'..ISTRAR. RECORDE~JCCUNTY CLERK
RIJSINESS FILING AND REGISlRATION
P;O. ROX 53:i92. I.OS ANGELES, ('.A 9005:HJ591.
PH· (561) 4t'i7-21t?
FILING fEE: 523.00 lor 1 FBN ;u\d 2 ICUislrants
pkls S<l.OO rcr each additional FBN/renMranf
RI!NEWAL FILING FEE: $18.00
REFER TO THE BACK OF FORM FOR INSTRUCTIONS
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296
PART4
SECTION 2
AWARD AND EXECUTION OF AGREEMENT
4.2.1 AGREEMENT DOCUMENT
Documents, which shall be signed and provided to the City by the awardee, are:
A. Agreement
B. Certificate of Insurance - Commercial General Liability C. Certificate of Insurance- Business Auto Liability (Code 1) D. Certificate of Insurance- Worker's Compensation
4.2.2 INTENT, INTERPRETATION AND PRECEDENCE OF AGREEMENT DOCUMENTS The Agreement is intended to describe and provide for complete work. Each agreement document is intended to be cooperative and a requirement included in one is as binding as though included in all.
On questions relating to the acceptability of material, machinery, equipment, classification of materials or work, the proper execution of progress, the sequence of work, quantities, interpretation of the specifications or drawings; the decision of the Director of Public Works shall be final, binding and shall be a condition precedent to any payment under the agreement, unless otherwise ordered by the City.
In the event of a conflict between one agreement document and any of the other agreement documents, the document highest in precedence shall control and supersede the document, which is contrary to it. The order of precedence of the agreement documents is as follows:
4.2.3 INSURANCE
First: Supplemental Agreements the last being the first in precedence Second:
Third:
Fourth:
Fifth:
Agreement
Specifications
Plans, Schedules or Exhibits
Contractor's Proposal
The CONTRACTOR shall purchase and maintain insurance as set forth below and shall not commence work under this agreement until he/she has obtained all insurance required under this heading. CONTRACTOR shall pay, at his/her own expense, all premiums upon said policies and shall maintain the same in full force and effect during the life of the agreement. The procuring of such policies of insurance shall not be construed as a limitation of CONTRACTOR's liability or as a full performance on CONTRACTOR's part of the indemnification provisions of the agreement.
CONTRACTOR's liability shall be not withstanding such policies of insurance, for the full and total amount of any damage, injury or loss caused by or related to CONTRACTOR's operations under the agreement. Said insurance coverage obtained by the CONTRACTOR excepting Worker's Compensation Insurance, shall name the City as an additional insured. Neither the City, agent of nor appointee of the City shall be personally responsible for any liability arising under the agreement.
A. Commercial General Liability Insurance
Concurrently with the execution of any agreement incorporating these specifications, CONTRACTOR shall procure a policy of Public Liability Insurance from a company authorized to do business in the State of California, which policy shall insure the City, its 25 297
officers, agents or employees against any and all liability for death, injury, loss or damage arising out of or in any manner related to CONTRACTOR's operations under any agreement that may be let pursuant to these specifications. Such policy of insurance shall be in the amount of not less than One Million Dollars ($1 ,000,000) for any one claim. Said insurance coverage shall provide that CONTRACTOR and his/her insurers are primarily responsible for any claim which arises from CONTRACTOR's performance of this agreement and that neither City nor any of its insurers shall be required to contribute to any such claim.
B. Business Auto Liability Insurance
The CONTRACTOR shall carry and maintain insurance coverage for property damage resulting from the CONTRACTOR's operations, in the sum of not less than One Million Dollars ($1 ,000,000) resulting from any one occurrence, which may arise from the operation of the CONTRACTOR in the performance of the work that is provided herein. Said insurance coverage shall provide that CONTRACTOR and his/her insurers are primarily responsible for any claim which arises from CONTRACTOR's performance of this agreement and that neither City nor any of its insurers shall be required to contribute to any such claim.
C. Worker's Compensation Insurance
The CONTRACTOR shall provide such compensation insurance as required by the Labor Code of the State of California. The CONTRACTOR at all times shall keep fully insured at his/her own expense, all persons employed by hirn in connection with the agreement as required by the "Worker's Compensation Insurance and Safety Act" of the State of California. The CONTRACTOR shall during the life of the agreement, keep on file with the City Clerk evidence that the CONTRACTOR if fully and properly insured as required by said Act, which evidence shall be approved by the Hermosa Beach City Attorney as to form and sufficiency.
D. Location of Policies
CONTRACTOR shall concurrently with the execution of the agreement, deliver said policy of insurance, or a certified Photostat copy thereof, to the City Attorney for approval by him as to form and sufficiency, and the agreement shall not be effective, for any purpose, until such insurance policy is so delivered and so approved. When such policy has been approved, it shall be filed in the office of the City Clerk of the City.
E. Insurance Certificate
In lieu of filing said insurance policy with the City, the same will be returned to CONTRACTOR after approval as to sufficiency and as to form as above provided, if the CONTRACTOR shall file with the City a CONTRACTOR's Insurance Certificate, executed by the insurance carrier, certifying that the aforesaid insurance is in full force and effect and that all operations of the insured under the agreement entered into pursuant to these specifications are covered thereby, and that the policy will not be canceled without giving the City thirty (30) days prior written notice.
F. Non-Liability of City Officials
No member of the City Council or Director of Public Works, or any other official or authorized assistant, employee, or agent of the City shall be personally responsible for any damage resulting from the performance liability arising under the agreement, or nonperformance negligently or intentionally of any portion of the services contracted.
G. Defaults
The breach of any of the terms and conditions of the agreement on the part of the CONTRACTOR shall be grounds for the forfeiture of the agreement at the option of the City. 26 298
The City upon such termination shall be at liberty to re-let the work to other parties or to perform said work without agreement.
(1) If for any reason whatsoever street sweeping and disposal services of the CONTRACTOR are interrupted and scheduled street sweeping services are discontinued for more than forty-eight (48) hours, the City shall have the right to discontinue payment until such services are resumed.
(2) No work shall be done by the CONTRACTOR during any period when he/she is not covered by insurance as required in paragraphs (A) and (B) above. In such event, at the option of the City, the City may declare forfeiture as provided herein. (3) All terms and conditions of the agreement are considered material and in the event the CONTRACTOR defaults in the performance of any of the covenants or agreements to be kept, done, or performed by it under the terms of said agreement, the City may give said CONTRACTOR ten (10) days thereafter to make good or perform the default, then the City without further notice and without suit or other proceeding, may cancel and annul the rights and privileges granted in said agreement. The Director of Finance may withhold payment to the CONTRACTOR in the event of default until such time as service in accordance with these specifications is resumed.
(4) In the event of termination of the agreement for breach or default by the CONTRACTOR as hereinabove specified, the City shall have the right forthwith to take possession of all sweepers and other equipment of the CONTRACTOR for the purpose of sweeping streets and disposing of the refuse which the CONTRACTOR agreed to do. The City shall have the right to retain possession of said sweepers and equipment until other suitable sweepers and equipment can be purchased or otherwise acquired by the City for said purpose and shall pay the CONTRACTOR the reasonable rental value of such sweepers and equipment during the time the same are used by the City for said purpose.
(5) Failure to comply with the terms of these specifications relative to the sweeping of streets and alleys on the part of the CONTRACTOR by reason of major disaster, epidemic, or other extreme emergency within the City or by reason of the enforcement of Federal, State, or local laws not now in effect and inconsistent or in conflict with the purpose and terms of this agreement, within the City, shall not constitute a breach of the agreement.
H. Lawsuits
The CONTRACTOR shall pay any judgment which may be obtained against the City, either alone or jointly with the CONTRACTOR, for injury or damage to persons or property by reason of the performance or non-performance of the tenms of the agreement or in connection with the infringement of any patents provided that if the City alone be sued for such injury or damage immediate notice in writing shall be given to the CONTRACTOR and he/she shall appear and defend such action and shall be liable for all costs of such litigation incurred by the City.
I. Deliverv of Notice
Whenever under the terms hereof, a written notice is required, it shall be sufficient to deliver personally, or mail such notice addressed to the City to: The City Manager, with a copy to the Director of Public Works at his/her office in the City Hall, City of Hermosa Beach, California, those addressed to the CONTRACTOR to him at his/her local office as designated in writing by the CONTRACTOR.
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J. Time is of the Essence
Time is of the essence as to all provisions of these specifications and in any agreement based in whole or in part upon them.
K. Transfer of Stock or Interest
Any sale, gift, or transfer of stock or change of partners or assignment of any interest on the part of the proposer during the term of the agreement is subject to the approval of the City Council of said action. Violation of this requirement is a breach of the agreement.
L. Bankruptcy
If the CONTRACTOR shall at any time during the terms of this agreement become insolvent, or if proceedings in bankruptcy shall be instituted by or against the CONTRACTOR, or if the CONTRACTOR shall be adjudged bankrupt or insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of any property of the CONTRACTOR shall be appointed in any suit or proceeding brought by or against the CONTRACTOR, or if creditors, then and in each and every such case, this shall immediately cease, determine, and be forfeited and canceled without notice and without suit or other proceeding.
M. Cancellation of Agreement
The City Council reserves the right to cancel this agreement at any time during its term, and shall notify the CONTRACTOR, in writing, 30 days prior to cancellation.
4.2.4 FINAL DECISION
The CONTRACTOR shall at all times comply immediately with any and all demands made by the Director of Public Works. In the event of controversy between the Director of Public Works and the CONTRACTOR, the CONTRACTOR agrees to abide by the decision of the City Manager whose decision shall be final as to all matters in dispute.
4.2.5 CONTROL OF WORK
Within the scope of the agreement, the Director of Public Works has the authority to enforce compliance with the schedule and specifications. The CONTRACTOR shall promptly comply with instructions from the Director of Public Works.
On all questions relating to quantities, the acceptability of material, equipment, or work, the execution, progress or sequence of work and the interpretation of specifications, the decision of the Public Works Department is final, binding and shall be precedent to any payment under the agreement, unless otherwise ordered by the City Council.
All work and materials are subject to inspection and approval of the Public Works Department. The CONTRACTOR shall provide every reasonable facility for ascertaining that the workmanship is in accordance with these specifications. Inspection of the work shall not relieve the CONTRACTOR of the obligation to fulfill all conditions of the agreement.
4.2.6 PERSONNEL
No employee of the CONTRACTOR shall continue to be so employed on any work under these specifications that is found to be intemperate and troublesome, disorderly, inefficient, or otherwise objectionable as determined by the Director of Public Works. Employees operating vehicles shall possess a valid California Drivers License and be eighteen (18) years of age or older. 28 300
4.2.7 PERMITS AND LICENSES
The CONTRACTOR shall obtain all permits and licenses required by the City (including City Business License). County and State.
29 301
PART4
SECTION 3
LEGAL REQUIREMENTS AND RESPONSIBILITIES
4.3.1 LAWS TO BE OBSERVED
The CONTRACTOR shall keep himself fully informed of all existing and future State and/or Federal laws, all municipal ordinances and/or regulations of the City and of all such orders and/or decrees of bodies or tribunals having jurisdiction or authority over the work. CONTRACTOR shall comply with all such laws, ordinances and orders, which in any manner affect those, engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work.
4.3.2 SAFETY AND ACCIDENT PREVENTION
In accordance with generally accepted safety practice, the CONTRACTOR will be solely and completely responsible for conditions of the job site, including safety of all persons and property during the performance of the work. This requirement will apply continuously and not be limited to normal working hours.
4.3.3 HOURS OF LABOR
Eight hours constitutes a legal day's work. The CONTRACTOR shall forfeit, as a penalty to the City, twenty-five dollars ($25.00) for each worker employed in the execution of the agreement by the CONTRACTOR or any subcontractor under him/her for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of the Labor Code and in particular Sections 1810 and 1815 thereof, inclusive. Except, work performed by employees of CONTRACTOR in excess of eight hours per day and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight hours per day at not less than one and onehalf times the basic rate of pay, as provided in Section 1815 of the Labor Code.
4.3.4 LABOR DISCRIMINATION
No discrimination shall be made in the employment of persons under this agreement because of the race, religious creed, color, ancestry or national origin, physical handicap, medical condition, marital status, or sex of such person.
4.3.5 PERMITS AND LICENSES
The CONTRACTOR shall procure all required permits and licenses, (i.e., City Business License and pay all charges or fees). The CONTRACTOR is required to possess all valid licenses as required.
4.3.6 PUBLIC CONVENIENCE AND SAFETY
The CONTRACTOR shall provide all notices necessary or incidental to the due and lawful prosecution of the work. The CONTRACTOR shall also conduct his/her operations as to cause the least possible obstruction and inconvenience to vehicle and pedestrian traffic at the highest level of safety.
4.3.7 PATENTS
The CONTRACTOR shall assume all responsibilities arising from the use of patented material, equipment, devices, or processes used on or incorporated in the work. 30 302
4.3.8 RESPONSIBILITY FOR DAMAGE
The City, its officers, employees, agents, the City Council and the Director of Public Works shall not be responsible or accountable in any manner for any loss or damage that may happen due to the work or any part of the work thereof. This loss or damage includes any material or equipment used in performing the work, any injury to a person or persons (either workmen or the public) and any damage to adjoining or other property from whatever cause.
The CONTRACTOR shall defend, indemnify and save harmless the City, its officers, employees, agents, the City Council, and the Director of Public Works from any suits, claims, or actions brought by any person or persons for or on account of any injuries or damages sustained or arising in the performance of the work or in consequence thereof. The City may retain such money due the CONTRACTOR, as it shall consider necessary until disposition has been made of such suit or claim for damages as aforesaid.
4.3.9 RECOVERY OF ATIORNEY'S FEES
Should action be instituted to enforce any of the terms and provisions of the agreement, the prevailing party in such action shall be entitled to recover such reasonable attorney fees as may be affixed by the Court.
31 303
PART4
SECTION 4
PROSECUTION AND PROGRESS OF THE WORK
4.4.1 SUBLETTING AND ASSIGNMENT
The CONTRACTOR shall give his/her personal attention to the fulfillment of the agreement and shall keep the work under his/her control. The CONTRACTOR shall not assign or otherwise dispose of this agreement or its right; title or interest therein to any person without prior written consent by the City.
Subcontractors will not be recognized as such without prior written consent of the City. All persons engaged in the work will be considered as employees of the CONTRACTOR without this written consent and their work will be subject to the provisions of this agreement and its specifications.
4.4.2 TERMS OF AGREEMENT
This agreement is anticipated to begin on November 1, 2010. This agreement shall automatically be extended at the end of this agreement on a month-by-month basis on the same terms and conditions until the canceling party gives the other party thirty (30) days advanced written notice of its desire to terminate the Agreement. In any event, this Agreement will expire on June 30, 2013 at midnight. The agreement may be renegotiated at that time for up to (3) three additional years. That renegotiated agreement will be based upon the satisfactory evaluation of the CONTRACTOR's performance and the agreement of both parties.
4.4.3 PROGRESS OF THE WORK AND TIME FOR COMPLETION
The CONTRACTOR shall begin work no later that the date set within the notice to proceed and shall diligently prosecute the agreement from said date to the expiration of the agreement.
4.4.4 SUSPENSION OF AGREEMENT
If at any time in the opinion of the City, the CONTRACTOR has failed to supply adequate working force, or equipment of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the agreement, notice thereof in writing will be served upon him/her. Should he/she neglect or refuse to provide means for a satisfactory compliance with the agreement, as directed by the Director of Public Works, within the time specified in such notice, the City Council in such case shall have the power to terminate the agreement.
4.4.5 CITY OBSERVED HOLIDAYS /WORK RESPONSIBILITIES
Holiday Month Observed
Independence Day July
Labor Day September
Veteran's Day November
Thanksgiving Day November
Christmas Day December
New Year's Day January
Martin Luther King Day January
President's Day February
Memorial Day May
The CONTRACTOR shall provide a modified level of service on all holidays. A modified level of service is defined as power sweeping The Strand, picking up and removing all trash cans on the Strand, from Herondo to 35'h, plus those at 2"d St. and 22"d St. at Hermosa Ave, and all regular maintenance of the Pier and Downtown areas.
32 304
4.5.1 PAYMENT
PART4
SECTION 5
METHOD OF PAYMENT
Based on written evidence submitted by the CONTRACTOR or on other satisfactory evidence to the City, The Director of Public Works shall recommend to the City Council monthly payment for services rendered. The amount of the monthly payment will be based on the amounts shown within the proposal to the City Council. No payment will be made until the CONTRACTOR has submitted a monthly statement requesting payment and submitted other reports as required.
4.5.2 SUSPENSION OF PAYMENT
If after written notice to the CONTRACTOR of any deficiencies in his/her work, or of failure to comply with the agreement provisions, or failure to comply with the schedule, the Director of Public Works shall recommend that all or a portion of payments due or to become due under the agreement shall be suspended until the CONTRACTOR corrects any such deficiency. The City may suspend said payment until such deficiencies are corrected.
4.5.3 RETENTION
No retention shall be withheld. Payment or partial payment shall be withheld when there is an error or discrepancy in the invoice until said error or discrepancy is corrected.
4.5.4 PAYROLL RECORDS
Payroll records are not normally required to be submitted. The CONTRACTOR shall provide payroll records only if required.
4.5.5 FORMAT OF INVOICE
The monthly statement (invoice) submitted by the CONTRACTOR shall include the following minimum information:
A. City Purchase Order Number and Issue Date
B. The CONTRACTOR's Mailing Address
C. The Monthly Cost
D. CONTRACTOR shall submit the original and one duplicate invoice
4.5.6 TIME SHEETS
CONTRACTOR shall keep records of time that his/her personnel spend on the agreement. When requested, the CONTRACTOR shall furnish the City those records of man-hours by task and location. This request for additional information should only occur on an infrequent basis. An example is when there is an opportunity for State or Federal reimbursement to the City as a result of storm damage or some other type of emergency.
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PARTS
SPECIAL PROVISIONS
SECTION 1
SCOPE OF WORK
5.1.1 GENERAL
The CONTRACTOR shall provide at his/her own risk and cost all labor, materials, tools, equipment, transportation, hauling, dumping and other items needed to do the work as described herein.
5.1.2 SCOPE OF WORK
The CONTRACTOR shall perform all work necessary to complete the agreement in a manner satisfactory to the Public Works Director or his/her designee. The work to be done under these specifications shall include the furnishing of all labor, material, equipment, tools, and any other incidental expense necessary to perform the following services for the City of Hermosa Beach:
A. The Contractor shall be responsible for sweeping and cleaning the City's public right-of-way including all streets, walk streets, public parking lots, the Strand and the Pier. Sweeping and cleaning costs for the City's downtown area (defined below) have a different fund source from the rest of the City and therefore must be broken out on the cost proposal and billed separately on monthly billing. The same applies to the City Pier.
B. This agreement shall be in effect until June 30, 2013 with the ability to agreement an additional three (3) years with approval from the City. extend the
C. Additional sweeping for which the CONTRACTOR is entitled to additional compensation as extra work based upon the Hourly Cost Schedule (Part 3, Section 5 herein) may be required as follows:
(1) Emergency sweeping. CONTRACTOR shall provide direct and prompt attention to requests from the City for emergency service response to be within one hour. (2) Special Events. CONTRACTOR shall provide street sweeping for special events such as parades, street fairs, etc.) after receiving appropriate notice from the City. Hourly is statement to be provided.
(3) Sweeping prior to sealing or resurfacing of street. CONTRACTOR shall provide sweeping of streets in preparation for the application of seal coat or resurfacing after receiving appropriate notification of schedule from City. Entire width of the street from curb to curb shall be swept thoroughly to the satisfaction of the Director of Public Works or his/her agent. Such sweeping may be required at night or early in the morning.
D. CONTRACTOR to be responsible for sufficient water for the street sweeping equipment necessary to comply with these specifications. CONTRACTOR is to contact California Water Service Company and obtain a water meter. The CONTRACTOR shall endeavor to not waste water and shall conserve wherever and whenever possible in his/her operations.
E. The discharge of non-stormwater into storm drain inlets, catch basins, or into the curb-andgutter leading to the storm drain system is strictly prohibited by Chapter 8.44 Stormwater and Urban Runoff Pollution Control Regulations and under the Federal Clean Water Act. 34 306
F. Daily statement. CONTRACTOR shall submit a daily statement reporting total loads of debris and refuse hauled to dumpsite. CONTRACTOR shall also submit a daily statement reporting sweeper miles.
5.1.3 The following areas outside the downtown area shall be swept one day per week excluding holidays.
A. All streets and alleys within the City whether curbed or uncurbed, including medians. An estimated 5 alleys are only 8 feet wide and will have to be swept with a small sweeper or by hand as shown below. (Proposal Item 7)
( 1) Narrow Alleys
31st Place from, Palm Drive to Valley Drive
32nd Place from Palm Drive to Valley Drive
34th Place from Palm Drive to Highland Avenue
35th Place from Palm Drive to Manhattan Avenue
Alley from 22nd to 21st Street between Hermosa Avenue & Beach Drive •
(2) Walk Streets/Misc. Areas
All Walk Streets may be swept with a small sweeper or by hand. Walk Streets between Hermosa Avenue and the Strand at: Herondo, Lyndon, 1't, 3'd, 4th, 5th, 61 h,
7th, 8th, g'h, 161h, 17th, 18th, 19th, 201h, 21't, 23'd, 24th, 25th, 261h and 351h Street from Hermosa Avenue to The Strand, including stairs.
30th Place from Hermosa Avenue to The Strand hand clean - stairs, alcove and bench.
Longfellow from Hermosa Avenue to Strand hand clean - large speed bumps. 30th Street from Morningside west to Manhattan Avenue
31'1 Street from Morningside west to Manhattan Avenue
33'd Street from Palm Drive to Hermosa Avenue hand clean- stairs. 34th Street from Hermosa Avenue to the Strand hand clean - multiple planters. (3) Planter Boxes at the Strand
Hand clean around the planters at 2"d, 13th, 14th, 15th. and 22"d streets where they intersect the Strand
( 4) Parking Lots
The following parking lots are located and described with approx. area/notations.
Clean around all buildings, ex1erior only.
a. Greenbelt Parking Areas
Valley Drive
East sideWest side8th Street to 11th Street
690 ft. X 30 ft.
160 ft. x 32ft., include trash enclosure
35 307
b. Valley Park Parking Areas
Gould Ave. Morningside Drive to Valley Drive
South side- 350ft. x 20ft. posted Monday 8:00a.m.- 12:00 p.m. c. 11th Street. 500 block. "Clark Stadium"
1 '
1 lot 124 ft. x 83 ft.
Restroom area 150 ft. x 30 ft.
Snack bar area 234 ft. x 30 ft.
"Old" basketball area 360 ft. x 30 ft.
South/West corner 132ft. x 22ft.
d. 4th Street; between PCH and Ocean View
Area: 85 ft. x 20 ft. including meters/bumper stops
e. 3"' Street; 700 block, south to 2"" Street
Area: 300ft. x 40ft. posted Wednesday
f. 14th Street at Palm Drive
Upper
Lower
g. City Hall parking lots
West side
East side
South side
11th Place
h. Community Center
Southside
South Court area
West Court area
North Court assisted
North side
West side
Ramp to theater
West side of South Ct.
77 ft. x 60 ft. meters/bumper stops
77 ft. x 30 ft. meter/bumps stops trash area
145ft. x 55 ft. planters, easUwesUtrash area
220 ft. X 72 ft.
163 ft. x 62 ft. mini-storage
59 ft. X 32 ft.
131ft. x 133ft. bumper stops/ramp bumper stops
140ft. X 61 ft.
125ft. X 14ft.
125 ft. X 11 ft.
115ft. x6ft.
125ft. X 5 ft.
118 ft. X 23 ft.
240ft. X 13ft.
i. Kiwanis, Rotary- Valley Drive 2600 block
South side 11 0 ft. x 40 ft.
West side 137ft. x 60ft.
North side 106 ft. x 43 ft.
Between buildings 67 ft. x 17 ft.
East side 156 ft. x 17 ft. limited access
(5) Note -Cleaning includes removal of all weeds in pavement cracks in all streets, walk streets, and parking lots, use of a "weed whacker" is acceptable.
B. The Strand- to be swept 7 (seven\ days per week including holidays. (Proposal Item 2) All of the Strand shall be swept from Herondo to 35th Street. Special attention/handwork must be given to:
• All Strand openings
• Light poles and aggregate trash container areas
• Jarvis Memorial, between 14th & 15th Street
Note: No Strand work shall commence before 7:00 AM
36 308
5.1.4 DOWNTOWN AREA includes the following areas to be power swept 5 (five) days per week (Saturday, Sunday, Monday, Tuesday, Friday). (Proposal Item 1)
5.1.4a
A. Streets
1. Hermosa Ave. between St" St. and 15th St.
2. Pier Ave. between Hermosa Ave. and Pacific Coast Highway
3. Beach Drive between 10th St. and 14th St.
4. 11th Court between Beach Drive and Hermosa Ave.
5. 11th Street (Walk Street) between Beach Drive and Hermosa Ave.
6. 12'h Court between Beach Drive and Hermosa Ave.
7. 13th Court between Beach Drive and Hermosa Ave.
8. 13th Street (Walk Street) between Beach Drive and Hermosa Ave.
9. 14th Court between Beach Drive and Hermosa Ave.
10. 14th Street (Walk Street) between Beach Drive and Hermosa Ave.
11. 15th Court between Beach Drive and Hermosa Ave.
·12. The Strand between 10th St. and 15th St.
B. Other
1. The Hermosa Beach Pier- 1 ,200 feet in length and the Pier Head west of the Strand
2. The Pier Plaza between Hermosa Avenue and the Strand
3. Parking Lot A
4. Parking Lot B
5. Parking Lot D
PARKING STRUCTURE CLEANING DUTIES (see bid item #10)
1. Power sweeping, twice per week Monday and Friday.
2. Trash pick up, twice per week Monday and Friday.
3. Trash can emptying, twice per week Monday and Friday.
4. Elevator cleaning, daily including wet mopping as needed to sanitize.
5. Stairwell cleaning, twice per week Monday and Friday including wet mopping as needed to sanitize.
5.1.5 LEVEL OF CLEANING
The CONTRACTOR must employ sufficient personnel to perform all work as scheduled and approved by the City. All work shall be performed in accordance with this agreement so as to maintain a pleasing aesthetic appearance of the City.
The City and the CONTRACTOR will meet weekly at mutually agreed times. Inspection of the area included in the agreement will be made by the City and CONTRACTOR weekly. The results of each inspection will be recorded, forwarded to the CONTRACTOR and retained for reference.
REPORTS
A. Deficiency Report. The CONTRACTOR is required to correct any deficiencies found by inspection and listed in a deficiency report. Said deficiencies shall be corrected within the time specified by the City (seven (7) calendar days). If work listed in the Deficiency Report is not completed, payment covering subject deficiency shall be withheld until said deficiency is corrected.
B. Weekly Request. The CONTRACTOR's representative shall contact the City on a weekly basis for notification of deficiencies requiring correction or for changes of any type.
C. Pavement & Sidewalk Condition. The CONTRACTOR shall report any observed bad order conditions of street pavement or sidewalk.
5.1.6 EXTRA WORK
Extra work is that work not included under the various proposal items or the result of the CONTRACTOR's negligence. Extra work shall include but not be limited to: street sweeping, hand 37 309
sweeping and trash and litter pick-up. The City will pay for all extra work at the approved hourly rate. The CONTRACTOR shall be responsible for any losses or damage due to his negligence as determined by the Agreement Administrator.
The CONTRACTOR shall obtain written approval from the Agreement Administrator prior to proceeding with any extra work except for emergency clean-up. CONTRACTOR shall submit a written proposal to the City when extra work is required or requested by the City. The City reserves the right to have any extra work completed by other CONTRACTORs or City forces. All work performed under this section shall not interfere with, or reduce, normal maintenance schedules or activities. Separate crews shall be utilized for extra work.
5.1.7 WORKING TIME LIMITS
Residential districts shall be swept between the hours of 8:00 AM and 4:00 PM in accordance with the schedule provided by the Public Works Superintendent with the following exception: Sweeping of The Strand shall start at 7:00 AM and end no later than 8:00AM.
5.1.8 DAMAGES
The CONTRACTOR shall report without delay any damage to City equipment, City property or private property. The CONTRACTOR shall be liable for damages caused by his/her actions. Any repairs and associated cost resulting from CONTRACTOR caused damage shall be the responsibility of the CONTRACTOR.
5.1.9 DISPOSAL OF SWEEPINGS AND/OR DEBRIS
The CONTRACTOR shall dispose of all sweepings accumulated as a result of cleaning operations and shall not allow any sweepings to remain on the public street or other public property for more than one hour after it is accumulated.
ALL DEBRIS AND SWEEPINGS SHALL BE DELIVERED TO THE CITY YARD TRASH CONTAINERS.
Spillage resulting from hauling on or across the public roadways shall be immediately removed at CONTRACTOR's expense.
When entering or leaving roadways carrying public traffic, the CONTRACTOR's equipment, whether empty or loaded, shall in all cases yield to public traffic.
Freshly wind blown sand shall be returned to the beach. Dirty sand shall be disposed of at the city yard. The CONTRACTOR shall not dispose of dirty sand on the beach.
Debris is defined as bottles, cans, paper, trash, sand, litter and all foreign rnatter, etc.
5.1.10 MONTHLY CLEANING SCHEDULE
The CONTRACTOR is required to furnish a monthly cleaning schedule to include planned activities for all persons performing any function of the agreement. The monthly schedule shall be submitted to the City.
The schedule shall show manpower, equipment and time during the day that the work is planned.
The City will provide a form for the CONTRACTOR to use.
5.1.11 SIGNS
Street sweeping signs have been installed throughout the City. The CONTRACTOR shall schedule his/her work to be performed within the posted hours.
5.1.12 SWEEPING ROUTES
38 310
City shall provide CONTRACTOR with schedule and map delineating those districts within the City marked for sweeping Monday through Friday inclusive. The sweeping schedule shall be maintained unless a change therein is first approved in writing by the Director of Public Works and notice thereof given as hereinafter provided.
5.1.13 FAILURE TO SWEEP
Should the CONTRACTOR fail to sweep, the City will deduct from the CONTRACTOR's next monthly payment a sum of money equal to the number of hours not swept divided by the number of hours to be swept during the month times the monthly payment.
5.1.14 OFFICE FOR INQUIRIES AND COMPLAINTS
The CONTRACTOR shall maintain an office at some fixed place and shall maintain telephone therein, listed in the telephone directory in his/her own name or in the file name by which he/she is commonly known, and shall at all times during the hours between 8:00 AM and 5:00 PM of each working day have a full-time employee at said office for the answering of inquiries and for receiving complaints from the Director of Public Works. The telephone number of a designated employee available between 5:00 PM and 8:00 AM for emergency calls and complaints shall be furnished the Director of Public Works. The CONTRACTOR shall maintain a written log of all complaints, the date thereof, and the action taken pursuant thereto or the reason for non-action. Such a log of complaints shall be open to the inspection of the Director of Public Works.
The CONTRACTOR shall make every reasonable effort to respond to complaints on the same day they are received and shall report to the Director of Public Works within twenty-four (24) hours as to the action taken concerning each complaint.
5.1.15 PUBLIC RELATIONS
A. CONTRACTOR is required to have radio-equipped street sweepers and a supervisor available by telephone on a 24-hour basis who is assigned to provide direction and prompt attention to requests from the City for emergency service. Response shall be within one hour after request is received.
B. CONTRACTOR shall, in person or through his/her agent, investigate any complaint, which may concern, or be involved in, the performance of the agreement. CONTRACTOR shall report to the Director of Public Works, or the designee, the following working day as to the action taken with reference to the complaint and, when necessary, complete the Service Request, which will remain on file at City Hall. Complaints received before noon shall b answered the same day; complaints received after noon shall be answered the following day.
5.1.16 BARRIERS
The CONTRACTOR shall provide all labor, materials and equipment to install barriers advising the public of hazards due to cleaning. Upon completion of the work, the CONTRACTOR shall promptly remove all signs and warning devices.
When performing work under this agreement, should the CONTRACTOR appear to be neglectful or negligent in furnishing warning and protective measures, the City may direct attention to the existence of a hazard. The necessary warning and protective ensures shall be furnished and installed by the CONTRACTOR, at the CONTRACTOR's expense.
5.1.17 POSSIBLE AREA CLOSURE
39 311
In the event any of the work area is unusable for any reason, including acts of nature or vandalism, the Director of Public Works may declare a closure of any portion of the work area. The CONTRACTOR shall not be entitled to compensation for any portion of the work area closed by the Director of Public Works.
5.1.18 DUMPSTER ENCLOSURE CLEANING IN LOTS A, B, AND D
The CONTRACTOR will pressure wash the trash enclosures twice weekly. The CONTRACTOR will prevent all water and debris from flowing into any catch basin or drain while cleaning the trash enclosures. The CONTRACTOR will provide proper signs and traffic control for vehicles and pedestrians as needed while pressure washing. Dumpsters are picked up in the early morning.
Cleaning should be scheduled appropriately.
5.1.19 STRAND TRASH PICK-UP ON HOLIDAYS
The CONTRACTOR shall pick-up all trash containers on The Strand on all holidays. This area is from Herondo to 10'h Street and from 151
h Street to 351
h Street. This includes removal, relining as
needed, and disposal. This work shall be completed prior to 9:00 AM of each holiday listed in Section 4.4. 5.
5.1.20 UPPER PIER AVENUE CLEANING
The CONTRACTOR shall provide power sweeping, trash pick-up and hand cleaning to the Upper Pier Avenue section 5 (five) days per week. (Proposal Item 8) This area is located from Pacific Coast Highway west to Manhattan Avenue. A separate line item is included in the Proposal Sheet.
This includes holidays.
5.1.21 SCOPE OF WORK FOR CITY PIER to be done 5 (five) days per week. (Proposal Item 3) The CONTRACTOR shall provide a 2-man crew with pick-up truck and all equipment necessary to provide the following services on a daily basis between the hours of 4:00 am and 6:00 pm. • Litter Pick-Up CONTRACTOR will pick up any paper, glass, plastic and any other debris not safe to the environment. This will be done on a daily basis. • Trash Receptacles CONTRACTOR will empty all trash cans and replace all plastic liners. This shall be done on a daily basis.
• Fish Cleaning Stations CONTRACTOR will scrub and wash the bowl, top surface, and all sides of each fish cleaning station. This will be done on a daily basis. • Pier Railing CONTRACTOR will clean the pier handrails on a daily basis. • Pressure Washing CONTRACTOR will pressure wash the pier deck, fish cleaning stations and railing. Care will be taken not to damage the wood railings. This will be done on a daily basis. • Graffiti CONTRACTOR will remove any graffiti, including paint, markers and stickers, from the pier deck, deck lights, handrails, fish cleaning stations, trash containers and benches. This will be done on a daily basis.
• Wood Benches CONTRACTOR will remove any foreign materials and clean the benches with care not to damage the wood. This will be done on a daily basis. • Securitv The contractor will open and secure the pier gates each morning prior to 6:00 am.
5.1.22 PORTER SERVICE
40 312
'
The CONTRACTOR will provide porter service for cleaning the Downtown Area which includes the morning hours from 6:00 arn to 9:00 am and the afternoon hours from 2:00 pm to 6:00 pm as described below:
A. Morning Porter Service shall consist of a 2-rnan crew with a pick-up truck working 7 days per week including holidays (Proposalltern No. 4 ). This crew will primarily be cleaning the Pier Plaza but may also be directed to clean other areas in the Downtown Area. Note that the morning Porter Service may be the same personnel that provide the daily pier cleaning services.
B. Afternoon Porter Service (Proposal Item No. 5) shall consist of a 2-man crew with a pick-up truck in the months of April through Octobers on Saturdays, Sundays and holidays and 1-man crew with a pick-up truck during the months of November through March, also on Saturdays, Sundays and holidays.
5.1.23 PARKING LOT CLEANING
Prior to sweeping, parking lots will be inspected for areas of heavy oil deposits or excessive oil buildup, and where present will be treated with absorbent material to absorb excess oil. Absorbent will be swept up and disposed in designated container for oily waste at the City yard. This section applied to all parking lots.
5.1.24 COMMERCIAL SIDEWALK CLEANING (BID ITEM 9)
The ~ONTRACTOR shall provide thorough cleaning services for the commercial sidewalk segments listed below to be done every three (3) months. Specific attention is to be paid to removing all gum, stains and weeds. The equipment and method used for this work must provide full water recovery (water cannot enter the street, gutter or storm drain without recovery) and not damage the sidewalk.
Hermosa Ave.:
Pier Ave.:
Pacific Coast Hwy.:
Aviation Blvd.:
\rs•h Street to 15'h Street
\.V Hermosa Ave. to Pacific Coast Highway
v Southern Boundary to Northern Boundary
'v Pacific Coast Highway to Harper Ave.
41 313
PARTS
SECTION 2
PERSONNEL AND SUPERVISION
5.2.1 PERSONNEL REQUIREMENTS
The CONTRACTOR shall use and furnish all labor necessary for the satisfactory performance for the work set forth in this agreement.
5.2.2 CONTRACTOR'S EMPLOYEE PERFORMANCE
The CONTRACTOR agrees to require his/her employees to present a neat appearance at all times while engaged in the performance of their duties. The employees shall also maintain good bearing and deportment toward the public. Should for any reason an employee be unsatisfactory in the opinion of the City, the CONTRACTOR, when notified in writing, shall cause that employee to be removed from the job and replaced by a satisfactory employee.
5.2.3 CONTRACTOR'S EMPLOYEE ATTIRE
The CONTRACTOR shall require each of his/her employees to adhere to a basic standard of working attire. This standard is a clean uniform with the CONTRACTOR's company name or insignia clearly visible, proper shoes, other gear as required by State Safety Regulations and proper wearing of the clothing. Shirts shall be worn at all times, buttoned and tucked in.
5.2.4 TYPICAL TASKS OF CONTRACTOR'S EMPLOYEES
The CONTRACTOR shall supply employees with the skills to perform various semi-skilled duties in connection with cleaning functions; cleaning rubbish and debris; operating a variety of hand and power tools; cleaning of public facilities, and operating light equipment.
5.2.5 KNOWLEDGE & ABILITIES OF CONTRACTOR'S EMPLOYEES
Employees must have the ability to use and maintain various tools, ability to perform heavy manual labor, ability to follow oral and written instructions.
5.2.6 SPECIAL ACTIVITY REQUIREMENTS
The CONTRACTOR if so requested by the Director of Public Works shall supply additional employees. Any additional employees will be paid at a rate equal to the wage rate and mark up as shown on the form titled "CONTRACTOR's Hourly Rate".
5.2.7 LEVEL OF SUPERVISION
The CONTRACTOR shall provide adequate supervision as to furnish proper surveillance of workmanship and adherence to the schedule by the employees performing the work. The field supervisor or his/her representative shall check with the Department of Public Works weekly as to (1) schedule of work, (2) complaints and (3) adequacy of performance. The CONTRACTOR shall submit such reports as the City may require insuring compliance with scheduled work. The 42 314
Supervisor shall be in the City at least 20% of the time while work is in progress. The CONTRACTOR shall be penalized Two Hundred and Fifty Dollars ($250) per week for failing to have a supervisor in the City at least seven hours per week.
5.2.8 APPROVAL OF SUPERVISOR
The Supervisor shall be someone other than the labor type of employee provided in this agreement.
The CONTRACTOR shall provide in writing to the City (before starting work under this agreement) the name of the Field Supervisor. After approval of the Field Supervisor, the CONTRACTOR may substitute another individual provided the CONTRACTOR makes a written request to the City and said request is approved. The Supervisor should have at least five years practical experience in supervision.
5.2.9 EMERGENCY TELEPHONE NUMBERS
The CONTRACTOR shall provide the City throughout the duration of this agreement at least two (2) telephone numbers of qualified persons who can be called anytime that the CONTRACTOR's representative is not immediately available at the job site. An emergency 24-hour number shall also be provided. The emergency number shall be to contact a representative of the CONTRACTOR who can take the necessary action required to alleviate an emergency condition.
5.2.10 INCLEMENTWEATHER
The CONTRACTOR shall contact the City for the determination of non-operational conditions.
During inclement weather, the CONTRACTOR shall provide staffing for citywide debris removal and clean up.
43 315
PART 5
SECTION 3
EQUIPMENT AND MATERIALS
5.3.1 EQUIPMENT
Equipment and Use of Equipment. CONTRACTOR's street sweeping equipment shall meet the following requirements:
A. CONTRACTOR shall use street sweeping equipment in conformance with the highest standard of street sweeping. Sweeper speed and broom pattern shall be in accordance with manufacturer's recommendations. Sweepers at work shall not exceed the maximum speed of 10 mph; sweepers when driven shall have a maximum of the posted speed limit.
B. CONTRACTOR shall use such standard heavy street sweeping equipment as is necessary to clean the City streets of paper, dirt, rocks, leaves and debris.
C. CONTRACTOR shall maintain all equipment. It should be clean and in good mechanical condition, uniformly painted and numbered.
D. CONTRACTOR shall use equipment deemed acceptable by express approval of the Director of Public Works. The equipment shall be:
Large Sweeper(s):
Tymco 600 air sweeper or Tymco F.H.D. regenerative air sweeper or equal.
Mobile sweeper M9 high-dump (for the Strand) or approved equal.
Small Sweepers:
"Green Machine" applied 414RS-cushion sweeper or approved equal.
E. CONTRACTOR's equipment shall be subject to inspection by the Director of Public Works or Designee and upon notification in writing to the CONTRACTOR that any equipment does not cornplywith the standards herein, such equipment shall be removed from, service by the CONTRACTOR and not again so used until inspected and approved in writing by the Director or of Public Works or Designee.
F. Sweeper must have a dual cutter broom.
G. The CONTRACTOR shall submit a list of equipment he/she intends to use in the City of Hermosa as part of the proposal package.
5.3.2 VEHICLES
CONTRACTOR shall display the name of his/her firm on any vehicles used by the CONTRACTOR's employees to carry supplies and equipment. The firm name shall be in letters large enough to be easily legible from a distance of fifty (50) feet.
44 316
5.3.3 EQUIPMENT MAINTENANCE
All equipment used by the CONTRACTOR shall be kept in a neat and clean appearance. The equipment shall also be kept in top mechanical condition and properly adjusted, both from an operational standpoint and from a safety standpoint.
5.3.4 SAFETY LIGHTS
All vehicles shall be equipped with an operational rotating amber light when parked or used on public streets.
5.3.5 EQUIPMENT NOISE
City noise level requirements shall apply to all equipment on the project or related to the project including but not limited to trucks, or transient equipment that may or may not be owned by the CONTRACTOR. The use of loud sound signals shall be voided in favor of light warnings except those required by safety laws for the protection of the public or CONTRACTOR's personnel.
5.3.6 AIR POLLUTION
CONTRACTOR shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the agreement and shall not discharge smoke, dust or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. All power sweeping equipment (including Strand Sweeper) must use alternative fuel in accordance with the South Coast Air Quality Management District Rule No. 1186.1.
5.3.7 MATERIALS TO BE PROVIDED BY CONTRACTOR
The CONTRACTOR at his/her own cost and expense shall furnish all necessary materials, and tools supplies of good quality and in the amounts necessary to fulfill this agreement and to accomplish an acceptable and professional level of cleaning. 45 317
PARTS
SECTION 4
ITEMS OF WORK
5.4.1 AREA CLEANING
The cleaning work pertaining to the City of Hermosa Beach has been organized into specific work activities and frequency schedules. The CONTRACTOR shall report to the Director of Public Works or his/her designee for resolution of any cleaning problems or concerns.
5.4.2 POWER SWEEPING
All streets and paved parking lots shall be swept according to the frequency schedule. Street sweepers shall be equipped to perform left and right hand-pick-up and shall at all times travel in a direction "with" traffic. Any sweeper shall have the capability of picking up broken glass.
5.4.3 HAND SWEEPING
Where sidewalks on walk streets are inaccessible by machinery they shall be hand swept to remove dust, dirt, sand and debris to present a clean and neat appearance at all times according to the frequency schedule. All debris must be picked up and removed. At no time are backpack blowers permitted to be used within the Hermosa Beach City Limits.
5.4.4 SAND REMOVAL
When sand is blown into the agreement area the CONTRACTOR shall with due diligence remove the sand. The CONTRACTOR shall not be entitled to any extra compensation. - The purpose of this agreement is to provide a clean City.
5.4.5 LITTER PICK UP
Litter pick up shall include the hand cleaning and removal of debris frorn any area where the power sweeper and hand sweeping are not effective, such as around dumpster enclosures, traffic islands or medians, tree well planters, median planters, booth areas, trash cans, berms surrounding parking lots, parking bumpers, median corners and etc. Litter pick up shall be performed not less than specified in the frequency schedule.
5.4.6 SWEEPER ROUTES
Letter-size sweeper route maps are included as part of this Request for Proposals. Large scalable route maps are available in the Public Works Department, City Hall, 1315 Valley Drive, Room 001, Hermosa Beach or upon request, an electronic copy can be provided by email.
F:\895\PWFILES\Yard\Yard RFPs\street cleaninglrfp for street cleaning services updated 8-25-10 rev 8-30-10.doc 46 318
PART 5
SECTION 5
ACTIVITY SCHEDULE FOR STREET SWEEPING
AS
ACTIVITIES DAILY WEEKLY NEEDED
Sweep streets and alleys X
Frontage Road and Bike Path on Hermosa Avenue X
The Strand (Sweep Monday, Tuesday, Wednesday, X
Thursday, Friday, Saturday & Sunday)
Walk Streets/Misc. Areas X
Parking lot east side of City Hall (Sweep Friday) X
All other parking lots except the east side of City Hall X Parking Islands on Pier Avenue X
ACTIVITY SCHEDULE FOR DOWNTOWN AREA CLEANING
ACTIVITIES MON TUE WED THU FRI SAT SUN
POWER SWEEPING
Sidewalks X X X X X
Streets (gutters and 100% of the driving
surface). X X X
Parking lots A, B and D X X X X X
(includes cleaning around bumper stops)
HAND SWEEPING
All areas not power swept X I I X X X X
TRASH BARREL PICK UP
Empty barrels
Re-line barrels This work is to be done daily.
Litter pick-up
Hose barrels
Lot A, B and D & parking structure
DUMPSTER AREA CLEANING LOTS A, BAND D
Broom Sweep/Litter Pick-up X X X X X
Pressure Washing- Monday and Friday X X
LITTER PICK-UP X X X X X
Includes around dumpster enclosures, streets, gutters, sidewalks, traffic median islands, booth areas & parking bumper stops
SAND REMOVAL This work is to be done as requested.
ACTIVITY SCHEDULE FOR PARKING STRUCTURE
ACTIVITIES MON TUE WED THU FRI SAT SUN
Parking structure X X
Cleaning/wiping doors and interior of elevator X X X X X X X All items of activity are as specified by the Public Works Superintendent. 47 319
DATE SWEPT:
STREET SWEEPING REPORT
OF STATE HIGHWAYS
SWEPT IN HERMOSA BEACH
PACIFIC COAST HIGHWAY
START TIME:-----------------
STOP TIME:
TOTAL TIME:-----------------
OPERATOR'S SIGNATURE:-------------
CONTRACTOR:
48 320
Driver
Start Time
STREET SWEEPING REPORT
DAILY REPORT FOR HERMOSA BEACH
Stop Time
D Route completed as scheduled
D Route NOT completed as scheduled
Missed streets:
Complaint:
Complaint:
Complaint:
Date
Total
0 Re-swept
0 NOT Re-swept
0 Re-swept
0 NOT re-swept
0 Re-swept
0 NOT Re-swept
Operator's Signature
49 321
DAY
Monday
Tuesday
Wednesday
Thursday
Friday
Missed Areas:
NON-POSTED AREAS FOR STREET SWEEPING
WEEKLY CHECKLIST FOR HERMOSA BEACH
Week Ending Friday ___ ./ __ __,/ __ _
AREA SWEPT
28th 29th 30th 31't 32"' & 33" Place
' . ' ' '
Gould Terrace
Alleys between Rhodes & PCH
Alley off Gould, west of PCH
Alley off 5th Street, west of Ocean View
Shakespeare
Bike Path alon~ Hermosa Avenue
00 block from 3" Court to 1oth Court
Beach Drive from Herondo to 1oth Street
15th Court through 21 't Court
Beach Drive: 15th Street to 22"' Street
Lot- Kiwanis Club & Rotary Club
Lot- 14th & Palm (Friday 7 a.m. to 8 a.m.)
Lot - City Hall (front)
Lot - City Hall (Hermosa Storage)
Lot- City Hall (rear)
Lot - Community Center (rear)
800 block Valley Drive - Greenbelt parking
Lot- Clark Building
Lot - 1 035 Valley (rear) & Clark Stadium
Lot - 4th Street at Ocean View
Bard Street - behind PO (last Friday of month)
Reason Missed:
50 DAY TIME
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
322
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333
AGREEMENT
BETWEEN
CITY OF HERMOSA BEACH
AND
ARAKELIAN ENTERPRISES, INC. DBA ATHENS SERVICES
FOR
INTEGRATED SOLID WASTE
MANAGEMENT SERVICES
* * *
May 24, 2013
334
May 24, 2013 i City of Hermosa Beach
AGREEMENT
BETWEEN
CITY OF HERMOSA BEACH
AND
ARAKELIAN ENTERPRISES, INC. dba ATHENS SERVICES
FOR
INTEGRATED SOLID WASTE
MANAGEMENT SERVICES
TABLE OF CONTENTS
Page
RECITALS 1
ARTICLE 1.................................................................................................................................................3 DEFINITIONS..........................................................................................................................................................................3
1.1 AB 939......................................................................................................................................................................3
1.2 AFFILIATE.................................................................................................................................................................3
1.3 BILLINGS...................................................................................................................................................................4
1.4 BIN............................................................................................................................................................................4
1.5 BIN SERVICE .............................................................................................................................................................4
1.6 BULKY ITEMS ............................................................................................................................................................4
1.7 CALRECYCLE............................................................................................................................................................5
1.8 CAN ..........................................................................................................................................................................5
1.9 CAN SERVICE ............................................................................................................................................................5
1.10 CART....................................................................................................................................................................5
1.11 CITY .....................................................................................................................................................................5
1.12 CITY MANAGER...................................................................................................................................................5
1.13 COLLECT/COLLECTION ......................................................................................................................................5
1.14 COMMERCIAL ......................................................................................................................................................6
1.15 COMMERCIAL PREMISES......................................................................................................................................6
1.16 CONTRACTOR......................................................................................................................................................6
1.17 CONTRACTOR'S PROPOSAL .................................................................................................................................6
1.18 CONTRACTOR COMPENSATION ..........................................................................................................................6
1.19 CONSTRUCTION AND DEMOLITION DEBRIS .......................................................................................................7
1.20 CONTAINER .........................................................................................................................................................7
1.21 CPI.......................................................................................................................................................................7
1.22 CUSTOMER...........................................................................................................................................................7
1.23 DISPOSE/DISPOSAL.............................................................................................................................................7
1.24 DISPOSAL SITE(S).................................................................................................................................................7
1.25 DIVERSION...........................................................................................................................................................7
1.25A DOWNTOWN AREA .............................................................................................................................................8
1.25B DOWNTOWN COMPACTOR .................................................................................................................................8
1.25C DOWNTOWN COMPACTOR FACILITY .................................................................................................................8
1.25D DOWNTOWN COMPACTOR FACILITY SERVICE AREA.........................................................................................8
1.26 ELECTRONIC WASTE.............................................................................................................................................8
1.27 ENVIRONMENTAL LAWS .....................................................................................................................................8 335
May 24, 2013 ii City of Hermosa Beach
1.28 FACILITY ..............................................................................................................................................................9
1.28A FOOD WASTE.......................................................................................................................................................9
1.29 GREEN WASTE.....................................................................................................................................................9
1.30 GREEN WASTE PROCESSING FACILITY................................................................................................................9
1.31 GROSS RECEIPTS ..................................................................................................................................................9
1.32 HAZARDOUS SUBSTANCE..................................................................................................................................10
1.33 HAZARDOUS WASTE.........................................................................................................................................10
1.34 HOUSEHOLD HAZARDOUS WASTE (“HHW”).................................................................................................11
1.35 MATERIALS RECOVERY FACILITY (“MRF”) .....................................................................................................11
1.36 MULTI-FAMILY DWELLING...............................................................................................................................11
1.37 PERSON ..............................................................................................................................................................11
1.38 PREMISES ...........................................................................................................................................................11
1.39 RATE YEAR ........................................................................................................................................................11
1.40 RECYCLE/RECYCLING.......................................................................................................................................11
1.41 RECYCLABLE MATERIALS..................................................................................................................................12
1.42 REFUSE...............................................................................................................................................................12
1.43 RESIDENTIAL......................................................................................................................................................12
1.44 RESIDENTIAL PREMISES.....................................................................................................................................12
1.45 ROLL-OFF BOX ...................................................................................................................................................12
1.46 SINGLE FAMILY DWELLING...............................................................................................................................13
1.47 SOLID WASTE ....................................................................................................................................................13
1.48 SOLID WASTE HANDLING SERVICES.................................................................................................................13
1.49 SOURCE SEPARATED..........................................................................................................................................13
1.50 STATE.................................................................................................................................................................13
1.51 TRANSFORMATION............................................................................................................................................13
1.52 TRANSFER STATION...........................................................................................................................................14
1.53 WASTE GENERATOR..........................................................................................................................................14 ARTICLE 2...............................................................................................................................................15 GRANT AND ACCEPTANCE OF FRANCHISE.............................................................................................................15
2.1 GRANT AND ACCEPTANCE OF FRANCHISE, INDEMNITY OF AWARD ...................................................................15
2.2 ENFORCEMENT OF EXCLUSIVITY............................................................................................................................15
2.3 EFFECTIVE DATE ....................................................................................................................................................16
2.4 TERM OF AGREEMENT............................................................................................................................................16
2.5 CITY’S OPTION TO EXTEND TERM..........................................................................................................................16
2.6 REPRESENTATIONS AND WARRANTIES OF CONTRACTOR ....................................................................................16
2.7 CONDITIONS TO EFFECTIVENESS OF AGREEMENT.................................................................................................18
2.8 DELEGATION OF AUTHORITY ................................................................................................................................18
2.9 LIMITATIONS TO SCOPE..........................................................................................................................................18
2.10 CITY'S RIGHT TO DIRECT CHANGES..................................................................................................................20
2.10.1 General .....................................................................................................................................................20
2.10.2 New Diversion Programs.........................................................................................................................21
2.11 OWNERSHIP OF SOLID WASTE ..........................................................................................................................21
2.12 CONTRACTOR STATUS.......................................................................................................................................22
2.13 CONTRACTOR AUTHORIZATION.......................................................................................................................22
2.14 PERMITS AND LICENSES ....................................................................................................................................23 ARTICLE 3...............................................................................................................................................24 FEES PAID TO THE CITY ...................................................................................................................................................24
3.1 CONTRACTING FEE ................................................................................................................................................24
3.2 COLLECTOR FEE .....................................................................................................................................................24 336
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3.3 ADMINISTRATIVE FEE ............................................................................................................................................24
3.4 AB 939 FEE.............................................................................................................................................................24
3.5 TIMING AND SUBMITTAL OF MONTHLY FEE PAYMENTS ......................................................................................25
3.6 FUTURE FEES ..........................................................................................................................................................25 ARTICLE 4...............................................................................................................................................26 DIRECT SERVICES ..............................................................................................................................................................26
4.1 REFUSE....................................................................................................................................................................26
4.1.1 General..........................................................................................................................................................26
4.1.2 Residential Cart/Can Refuse Collection........................................................................................................26
4.1.3 Refuse Cart/Can Overage .............................................................................................................................27
4.1.4 Walk-Out Service..........................................................................................................................................27
4.1.5 Bin Refuse Collection ....................................................................................................................................28
4.1.6 Commercial Premises Cart Service...............................................................................................................28
4.1.7 Overflowing Bins and Carts.........................................................................................................................29
4.1.8 Temporary Bin Service..................................................................................................................................29
4.1.9 Scout Vehicles...............................................................................................................................................30
4.1.10 Bin Push-out Service................................................................................................................................30
4.1.11 Locking Bins.............................................................................................................................................30
4.1.12 Roll-off Box Service..................................................................................................................................31
4.1.13 Extra Assistance in High Solid Waste Generating Commercial Areas....................................................31
4.1.14 Shared Solid Waste Downtown Compactor Facility and Porter Service .................................................31
4.1.15 On-Call Bulky Item Pickup......................................................................................................................35
4.1.16 Bulky Item Diversion ...............................................................................................................................36
4.1.17 Disposal of Electronic and Other Special Wastes.....................................................................................36
4.1.18 Optional On-Call Household Hazardous Waste Collection and Disposal...............................................36
4.1.19 Restaurant Food Waste Program Option.................................................................................................37
4.1.20 Document Shredding ...............................................................................................................................37
4.2 RECYCLING.............................................................................................................................................................38
4.2.1 Residential Cart/Can Recycling Collection...................................................................................................38
4.2.2 Commercial Recyclables Collection...............................................................................................................38
4.2.2.1 Source Separated Recycling .....................................................................................................................38
4.2.2.2 Downtown Compactor Facility Solid Waste Processing..........................................................................39
4.2.2.3 Bin and Roll-Off Waste Processing..........................................................................................................39
4.2.3 Warning Notice.............................................................................................................................................39
4.2.4 Marketing and Sale of Recyclable Materials.................................................................................................40
4.2.5 Minimum Recycling Requirements..............................................................................................................40
4.2.6 Construction and Demolition Debris Diversion...........................................................................................40
4.2.7 Battery Recycling Drop-Off..........................................................................................................................41
4.3 GREEN WASTE PROGRAM......................................................................................................................................41
4.3.1 Single Family Green Waste Collection .........................................................................................................41
4.3.2 Holiday Tree Collection Program .................................................................................................................42
4.3.3 End Uses for Green Waste............................................................................................................................43
4.3.4 Backyard Compost Program .........................................................................................................................43
4.3.5 Free Compost Give-A-Way Events...............................................................................................................43
4.3.6 Free City Compost.........................................................................................................................................44
4.3.7 Residential Food Waste Pilot Program .........................................................................................................44
4.4 CONTAINER SELECTION, DISTRIBUTION AND EXCHANGES..................................................................................44
4.4.1 Containers.....................................................................................................................................................44
4.4.1.1 Residential Container Distribution..........................................................................................................44
4.4.1.2 Removal of Existing Containers...............................................................................................................45
4.4.1.3 Container Design Requirements..............................................................................................................46
4.4.1.4 Capacity....................................................................................................................................................46 337
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4.4.1.5 Container Handles ...................................................................................................................................46
4.4.1.6 Container Lid ...........................................................................................................................................46
4.4.1.7 Container Colors ......................................................................................................................................47
4.4.1.8 Container Markings.................................................................................................................................47
4.4.2 Container Performance Requirements..........................................................................................................48
4.4.2.1 Cart Load Capacity...................................................................................................................................48
4.4.2.2 Container Durability................................................................................................................................48
4.4.2.3 Chemical Resistant...................................................................................................................................49
4.4.2.4 Stability and Maneuverability .................................................................................................................49
4.4.2.5 Lid Performance .......................................................................................................................................49
4.4.2.6 Reparability ..............................................................................................................................................50
4.4.3 Container Ownership and Maintenance Responsibilities.............................................................................50
4.4.4 Bins...............................................................................................................................................................50
4.4.5 Roll-off Boxes ................................................................................................................................................51
4.5 CITY SERVICES........................................................................................................................................................52
4.5.1 City Facilities Collection...............................................................................................................................52
4.5.2 City Litter Containers...................................................................................................................................53
4.5.3 School Facilities Collection............................................................................................................................54
4.5.4 Special Events...............................................................................................................................................55
4.5.5 Emergency Collection and Disposal Service.................................................................................................55
4.5.6 Abandoned Item Collection...........................................................................................................................55
4.5.7 Large Venue Event Assistance, Event Recycling .........................................................................................56
4.5.8 Litter Boxes for Non-City-Sponsored Events................................................................................................56
4.5.9 Code Enforcement Assistances......................................................................................................................56
4.5.10 Capacity Guarantee..................................................................................................................................56
4.5.11 Toy Drive Assistance ...............................................................................................................................56
4.5.12 South Bay Work Investment Board..........................................................................................................56
4.5.13 Dog Waste Program.................................................................................................................................57
4.6 OPERATIONS...........................................................................................................................................................57
4.6.1 Schedules.......................................................................................................................................................57
4.6.1.1 Collection Days and Hours......................................................................................................................57
4.6.1.2 Review of Schedules and Routing ............................................................................................................57
4.6.1.3 Missed Pickups.........................................................................................................................................58
4.6.2 Vehicles.........................................................................................................................................................58
4.6.3 Litter Abatement...........................................................................................................................................62
4.6.4 Personnel.......................................................................................................................................................62
4.6.5 Identification Required..................................................................................................................................64
4.6.6 Fees and Gratuities .......................................................................................................................................64
4.6.7 Non-Discrimination......................................................................................................................................64
4.6.8 Routing and Coordination With Street Sweeping Services..........................................................................65
4.6.9 Report of Accumulation of Solid Waste; Unauthorized Dumping ...............................................................65
4.7 TRANSPORTATION OF SOLID WASTE.....................................................................................................................65
4.8 APPROVED FACILITIES ...........................................................................................................................................66
4.9 STATUS OF DISPOSAL SITE .....................................................................................................................................66
4.10 DEDICATED ROUTES..........................................................................................................................................67
4.11 SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTIFICATIONS .........................................................................67
4.12 DOWNTOWN COMPACTOR FACILITY DEVELOPMENT......................................................................................67 ARTICLE 5...............................................................................................................................................70 OTHER SERVICES ...............................................................................................................................................................70
5.1 CUSTOMER SERVICE ...............................................................................................................................................70
5.1.1 Local Office, Response Time..........................................................................................................................70
5.1.2 Complaint Documentation............................................................................................................................71 338
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5.1.3 Resolution of Customer Complaints .............................................................................................................71
5.1.4 Service Liaison/Route Supervisor .................................................................................................................72
5.2 EDUCATION AND PUBLIC AWARENESS .................................................................................................................72
5.2.1 General..........................................................................................................................................................72
5.2.2 Implementation and On-going Education Requirements.............................................................................72
5.2.3 Contractor Representative ............................................................................................................................74
5.2.4 Community Events.......................................................................................................................................74
5.2.5 School Outreach ............................................................................................................................................75
5.2.6 Business Outreach ........................................................................................................................................75
5.2.7 Multi-Family Outreach ................................................................................................................................76
5.2.8 Facility Tours................................................................................................................................................76
5.2.9 Free Mailing of City Materials .....................................................................................................................76
5.2.10 Mighty Mike Mascot................................................................................................................................77
5.2.11 Presentations to City Council ..................................................................................................................77
5.2.12 Guest Speaker and Writing Assistance....................................................................................................77
5.3 WASTE GENERATION/CHARACTERIZATION STUDIES..........................................................................................77
5.4 Community Support..........................................................................................................................................77
5.6 Neighborhood Safety Watch...............................................................................................................................78 ARTICLE 6...............................................................................................................................................79 CONTRACTOR COMPENSATION AND RATES.........................................................................................................79
6.1 GENERAL................................................................................................................................................................79
6.2 INITIAL RATES ........................................................................................................................................................79
6.3 SCHEDULE OF FUTURE ADJUSTMENTS...................................................................................................................79
6.3.1 Request Submittal.........................................................................................................................................79
6.3.2 Approval Process...........................................................................................................................................79
6.4 METHOD OF ADJUSTMENTS ...................................................................................................................................80
6.4.1 General..........................................................................................................................................................80
6.4.2 Cost Components for Rate Adjustment Indices............................................................................................80
6.4.3 Rate Adjustment Steps .................................................................................................................................81
6.4.4 Green Waste Rate Adjustment Upon Closure of Puente Hills.....................................................................82
6.5 EXTRAORDINARY ADJUSTMENTS...........................................................................................................................82
6.6 REDELIVERY/RETURN TRIP FEE ............................................................................................................................83
6.7 CUSTOMER BILLING AND CONTRACTOR COMPENSATION ...................................................................................84
6.7.1 Residential Customers Receiving Individual-Unit Service............................................................................84
6.7.2 Permanent Bin and Roll-Off Box Customers................................................................................................84
6.7.3 Temporary Services Billing...........................................................................................................................84
6.7.4 Contractor’s Invoices ....................................................................................................................................84
6.7.5 Billing Disputes............................................................................................................................................85
6.7.6 Delinquent Accounts ....................................................................................................................................85
6.7.7 Customer Billing Adjustments.....................................................................................................................86
6.7.8 Exemption from Service................................................................................................................................86
6.7.9 Active Military Rate Reductions ..................................................................................................................87
6.7.10 Senior Low-Income Rate Reduction .........................................................................................................87 REVIEW OF SERVICES AND PERFORMANCE............................................................................................................88
7.1 PERFORMANCE REVIEW MEETING.........................................................................................................................88
7.2 PERFORMANCE SATISFACTION SURVEY ................................................................................................................89
7.3 ROUTE AUDIT.........................................................................................................................................................90 ARTICLE 8...............................................................................................................................................92 RECORDS, REPORTS AND INFORMATION REQUIREMENTS.............................................................................92